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Questions Answered by Richard B. Huttner
1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Colorado on
Q: I was not driving, I told them that I had been sitting in my car waiting for my ride drinking 4 the past hour

Jefferson county, they took my blood alcohol level only after I had been sitting in my car drinking & not when I was actually driving

Richard B. Huttner
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Richard B. Huttner
answered on Dec 5, 2023

You have a good case to fight as you likely did not have the intent to put the car into motion. Juries will be instructed to decide whether you are driving by looking at many factors including where the vehicle was found, where in the vehicle the person was found, whether the keys were in the... View More

2 Answers | Asked in Criminal Law for Colorado on
Q: I have a probation violation court date in 2 days and the lawyer I was initially going to hire is terrible.

She is trying to charge my father $7,500 for a retainer and hasn’t even spoken to me about my case yet. I need to know what my options are.

Richard B. Huttner
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Richard B. Huttner
answered on Nov 28, 2023

Probation violations are serious matters as you face the sentencing on the original law violation. You should have a plan before walking into court. You should seek counsel that is willing to give you the time to discuss the situation and the reason for the violation.

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1 Answer | Asked in Criminal Law for Colorado on
Q: if you represent yourself at your first court appearance is the district attorney obligated to discuss directly to you
Richard B. Huttner
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Richard B. Huttner
answered on Jun 4, 2022

If you do not intend on hiring an attorney, the district attorney may discuss the matter with you. If you let the district know that you are hiring an attorney, the district attorney ethically should not speak with you regarding the matter.

1 Answer | Asked in Criminal Law for Colorado on
Q: I appeared in court on a probation violation hearing, status update scheduled for 8/23, however discharge sentence 8/7

I appeared in front of the judge today on a probation complaint hearing in which the judge moved forward with a status update hearing scheduled for August 23rd. However, My sentence will discharge on August 7th. So not sure what this means. I was not notified today that I will not be discharging on... View More

Richard B. Huttner
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Richard B. Huttner
answered on Jul 26, 2021

You should show up to court on August 23, 2021. Since any violation of probation is claimed to have happened prior to your discharge date, you continue to be on probation. You are entitled to be advised regarding how you violated probation. You are presumed innocent and sometimes a modification... View More

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