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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
Sabra M. Janko answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
Patterson S. Weaver III answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: In Colorado is an officer allowed to enter your vehicle after it's been locked after you've been taken to police station

Officer entered through sunroof search my vehicle per witness in a store they thought was closed

Philip M Smith
Philip M Smith answered on Aug 10, 2021

Not without probable cause and some exigent circumstance, a search warrant, or consent.

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... Read more »

Richard Huttner
Richard 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... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Person A got into an argument with Person B. Person B pointed a gun at person A.

Person A then went into their apartment unloaded the clips and threw the guns into a field. How much trouble is person A in?

Sean Maye
Sean Maye answered on Jul 19, 2021

The answer to this question requires A LOT more information. Some of the questions I would need answered are the following: Does person A live with person B or did the person A trespass into person B's home to get the gun and clips? What is the nature of the relationship between person A... Read more »

1 Answer | Asked in Copyright, Sexual Harassment and Criminal Law for Colorado on
Q: What can I legally do if someone sends themselves naked photos of me without my consent?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 11, 2021

Talk to the Police and an attorney!

2 Answers | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Can a person be charged with “eluding” if the officer never turned on his sirens, lights, or used any other method?
Philip M Smith
Philip M Smith answered on Jul 3, 2021

The answer is no.

The law says "knows or reasonably should know that he or she is being pursued" is the felony statutory language.

"...Who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing...
Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: Cspd detectives lied on a sworn affidavit to a judge and misled the judge about my criminal history to aquire a warrant
Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 22, 2021

And your question is? If there's been an arrest and the District Attorney is pursuing charges, then you have a right to defend yourself on the charges and your best way to do this is to get legal counsel to represent you. Discuss the false allegations and the lies with your legal team. If... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get a case closed by providing the DA info on a high priority cold case?

Me and my fiance have criminal cases open, non violent. He is currently in custody. I was wondering how it works to give the DA information as a trade to having him released and our cases closed. The information I have is on a high priority cold case, they recently offered a high reward for... Read more »

Philip M Smith
Philip M Smith answered on Jun 7, 2021

No DA will make a promise based on the vague information you are willing to share. You need to have a criminal defense attorney try to negotiate this for you. It may not be possible.

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1 Answer | Asked in Criminal Law for Colorado on
Q: I had received a misdemeanor summons for possession of a firearm while intoxicated, chances of jail time? First offense

I was unresponsive when police arrived, gun confiscated, released to hospital, summons on July 22

Philip M Smith
Philip M Smith answered on May 27, 2021

Highly unlikely since you didn't menace anyone. Get some help with the alcohol please.

1 Answer | Asked in Criminal Law for Colorado on
Q: I had felony theft charge sealed in 2020 my attorney informed me that my gun rights would be restored. Is that accurate?
Philip M Smith
Philip M Smith answered on May 17, 2021

In Colorado, a dismissed and sealed case is enough to get 2A rights.

1 Answer | Asked in Criminal Law for Colorado on
Q: Colorado: if cops detained me, took my 3 smartphones & over $1000, never arrested or charged me can I get my stuff back

Last December they detained me because I had a hotel room with a friend who (ee later discovered) was being investigated on a 10+ count indictment. He was arrested earlier that day, I found out,and charged with DF 1(drug felony). I told cops whatever was in the room was mine. They had warrants for... Read more »

Philip M Smith
Philip M Smith answered on May 17, 2021

When the investigation is completed, they will tell you, is when you can get your things. That will be after charges are filed and the case prosecuted. You can call the detective that is assigned the case. Sometimes they will be honest about the plans for filing with the DA.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: I PLEAD NOT GUILTY ALMOST A YEAR AGO< I RECENTLY ACCEPTED A PLEA AGREEMENT, AS MY PUBLIC DEFENDER STATED MY SPEEDY TRIAL

RIGHTS HAD NOT BEEN VIOLATED WHEN I FELT THEY HAD BEEN. I WANT TO WITHDRAWL MY PLEA AND MOVE TO FILE FOR DISMISSAL BECAUSE I PLEAD NOT GUILTY ALMOST 10 MONTHS AGO. CAN I DO THIS LEGALLY?

Philip M Smith
Philip M Smith answered on May 10, 2021

Each case's facts will determine if the court finds a reason to let you withdraw your plea. That area of law is complex. You need to retain a criminal defense attorney to examine all the facts and decisions in your case to see if what you want is likely. Your time for challenging your plea... Read more »

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Is a parent destroying a child's clothing and personal belongings abusive? Is this something that CPS should know about?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

If the parent did tis in front of the child it could be considered emotionally abusive.

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: My Ex husband have signed my signatures on Quit Claim Deed of our marital property with out my permission.

He prepared a fake quit claim deed and take my name off actually the property was on the name of 3 individual owner's. After signing deed he got notarized fraudulently. Notary has notarized deed with out my physical presence. Means there is also a froud comit by notary Public.

County... Read more »

Donald C Eby
Donald C Eby answered on May 4, 2021

You are on the right path, you likely have claim against both your X and the notary.

You can schedule a consultation online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944. At your free case assessment we'll discuss the facts, your proof, options, rights, risks,...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: 33years ago pled and conviction of attempted sexual behavior involving a minor. Want to have that conviction expunged.

Never had any other criminal charge other than the one time.

Douglas T. Cohen
Douglas T. Cohen answered on May 1, 2021

sorry but you cannot expunge a sex offense conviction in Colorado unless it was not really a conviction

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son was responding to a call he received from his girl friend needing a ride from a grocery store.

The girl had been arguing with her father and did not want to go home. They arrived at my son's and I's house and were greeted by police. He was charged with harboring a minor. He had just turned 18 three months earlier. They knew each other from high school. The police messed up his name... Read more »

Douglas T. Cohen
Douglas T. Cohen answered on Apr 28, 2021

sorry your son is going through this. However, to assess the case and whether the plea offer is reasonable, it would be best to retain an attorney to look at the police reports and all the facts and do further investigation if necessary in order to better negotiate with the DA.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: How long does my ex have to get his stuff after a protection order is in place? I need to find a new roommate.

Cops said it will most likely be a permanent protection order and I believe he is still paying rent to store his stuff here but he isn't coming back and I want the clutter gone so we can find a new roommate. He's been in another state for a month coming back for a day or two then leaving... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 26, 2021

I am sorry to hear about your situation. There is no time specified by the law for him to remove belongings from his home. Particularly if he is on the lease, he is not legally obligated to remove his belongings. If this is a criminal protection order, it will be in place until the criminal... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I haven't spoken to police after my boyfriend told them I hit him. Can they issue a warrant for my arrest?

He pushed me first then I did then he kicked me right above my knee left bruising then he tripped n fell. He got up n left saying I hit him. He would get in trouble if I was to tell my side like it happened he has 2 felonies n 2dv charges on his record. I have a 1 case underlyning dv. But even... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. If you are asking whether the police can arrest you only because you are not speaking to them, the answer is no. They have to have probable cause to suspect you of a crime to arrest you.

1 Answer | Asked in Criminal Law for Colorado on
Q: where can I find information about prisoner trading between states?

My son is incarcerated in Texas, but his home state is Colorado. I would like to know where to find the information I need to possibly get him traded back here to Colorado where his family is.

Brian K. McHugh
Brian K. McHugh answered on Apr 13, 2021

That is strictly a matter for the Colorado Department of Correction and the Texas Department of Corrections. However that does not mean you have hit a brick wall. Call Colorado DOC's main number and asked to speak to the person in charge of inmate relocation. You may hit a brick wall at that... Read more »

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