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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: I’m I in violation of a protection order if I did a welfare check on my wife?

So I have a protection order against my wife. The school called and said my wife has not showed up to pick my kids up and it has been 30 minutes and then I called 911 to do a welfare check on her.

William Beck
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William Beck
answered on Nov 9, 2022

Generally speaking, contacting the police is not a crime. However, it would be best to be extremely cautious if you are dealing with someone who has a protection order against you, as any contact could lead to charges being filed against you. The best intentioned action rarely gets a free pass on... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: If I've been convinced of class 5 felony eluding and a misdemeanor 3+ dui, is there a mandatory minimum in Colorado?
William Beck
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William Beck
answered on Nov 9, 2022

There is no mandatory minimum for a class 5 felony eluding charge, but there is a mandatory minimum for a DUI with prior offenses. If you have two or more prior DUI convictions, you will do a minimum of 60 days in the county jail; though many jurisdictions within Colorado require significantly more... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Colorado on
Q: Do I need a criminal defense lawyer to fight an unmarked state trooper's conducts against my 17 yrs old {d} for traffic

Daughter was recently pulled over by an unmarked state trooper for what the trooper thought was ignoring a stop sign when in fact there is a incoming traffic does not stop sign is posted where he thought she almost came too close to another car when she legally had the right of way. He had no... Read more »

William Beck
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William Beck
answered on Nov 8, 2022

Having a knowledgable criminal defense attorney is always helpful, because "you don't know what you don't know". From what you have shared, it seems like there are some good defenses that could be used to help your child avoid a conviction for DUI.

1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: Can officers impound car and take things they didn't give a reciept for?

The itemization was done and no where on it is the things officer took. No discription or even that they took it.

John Gregory Scott
John Gregory Scott PRO label
answered on Oct 5, 2022

If a vehicle is impounded, there should be an inventory conducted prior to impound. The owner should receive a receipt for any items removed from the vehicle. If a vehicle is searched pursuant to a warrant or some other lawful search, items removed from the vehicle may be listed either on the... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Do I have a case for self-defense?

I was recently involved in an altercation with a past friend. We were at his house and I was asleep on the couch when he, obviously intoxicated, began yelling at me to get up and began to ask me questions about a person and matter I didn’t have a clue about. As I get up he headbutts me in the... Read more »

John Gregory Scott
John Gregory Scott PRO label
answered on Oct 5, 2022

Based upon the factual scenario you have described it sounds like self-defense is a viable argument. Self-defense is an affirmative defense and must be raised prior to trial. There must be some evidence presented at trial relating to the defense or else the judge will not provide the instruction to... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: If my wife and I buy a quarter ounce and split it=3.75 grams each,but she gets caught with the quarter ounce

We usually had to buy it in quarters it's cheaper. She got caught with it before I split it. How can I take the charge for her knowing I handed it too her before splitting it?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 19, 2022

I highly suggest that you stop posting on any websites and go talk to an attorney. You are posting to an open forum and that could be a real problem down the road.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not...
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1 Answer | Asked in Criminal Law, Identity Theft and Internet Law for Colorado on
Q: So I foolishly got in contact with a hacker and they have all of my info. They also blackmailed me. What should I do?
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

in this case you should definitely first contact the local police and provide them more case details. They should advice you accordingly.

I wish you a good luck with this situation and I hope they will help you.

1 Answer | Asked in Criminal Law for Colorado on
Q: How long does Colorado jeffco drug task force have to file charges after I was detained around Christmas 2020?

At the end of 2020 I was detained in relation to a multi-count indictment because i had a hotel room with my friend who was one of the indicted. The task force had search warrant for my car and the hotel room, and kept $1000 and my phones. Overall they wound up, they say, with enough weight to... Read more »

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

The statute of limitations for a drug felony in Colorado is 3 years, meaning the DA has 3 years from the time of the offense to when they must file charges or the court loses jurisdiction. Note that this is filing charges, not the time for the case to be resolved. This can be tolled up to 5 years... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Does a felony level matter based level on when you received it? How much to seal records?

I was arrested for motor vehicle left/agg 1 under $ in 2002. I would like to get my record sealed but they say you can’t seal Felony 3 sealed. I’m not sure of the level. Also poss CONTROLLED SUBST-POSSESS SCH 2-1G .from 2005 this charge is the last on my record the others are misdemeanors... Read more »

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

There have been a lot of recent and favorable changes in Colorado's sealing laws. The best way to determine if you're eligible to seal a conviction would be to research attorneys who handle sealing and call for a consultation. Having a copy of your record or other court documents with the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What does it mean when they transfer my criminal mischief case to county court

My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

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, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
Q: My ex-girlfriend stole my cat. Can I get my cat back?

My ex-girlfriend showed up to my apartment uninvited requesting to retrieve the remainder of her items. I allowed her in and she ended up staying a while. I had fallen asleep and when I woke up, my ex and my cat were both gone. I had adopted the cat after we broke up and have documentation that I... Read more »

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

Yes you can still sue her for replevin. I’d also add claims for civil theft (possibility of being awarded attorney fees and triple damages), and also a claim for conversion which has a different mental state requirement than civil theft. The key is getting a show cause hearing set.

The...
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1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a sheriff department deny an inmate any and all phone calls? I was told my son has not " earned" phone privileges.
James W Newby
James W Newby
answered on May 4, 2022

You are not the first person to be confused by the inmate phone system. First off, the inmate must call you. You cannot call the inmate. Calls are not free so payment must be arranged for the inmate to call you.

If you deposit money online in the INMATE ACCOUNT then they have the freedom...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Boyfriend was accused of SA to a child in 2019.

Douglas T. Cohen
Douglas T. Cohen
answered on Mar 27, 2022

sorry to hear this. Do you have a question or are you seeking legal counsel for him?

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Hi I had a civil order of protection against me in Colorado and it was dismissed. Can I legally contact my ex

Ok so this was a domestic violence case in Colorado. I was never arrested or charged with any crime .This has all been civil .And the civil order of protection was dismissed by the judge.So I assumed I could then contact my ex girl friend. Then a da investigator says pending charges are under... Read more »

Douglas T. Cohen
Douglas T. Cohen
answered on Mar 26, 2022

Good day. Sorry you have this confusion but also not sure what you are asking. It sounds like the court and sheriff have already told you there is no criminal or civil protection order prohibiting contact.

However, you say that they also informed you, which seems accurate, that if you...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Criminal Law for Colorado on
Q: If you're arrested for drug possession, is a drug test administered? If so, what happens if you pass it?

Would the charges be lesser, or could it be argued you had intent to distribute if you had drugs on you but none in your system?

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

This is a general answer to your question and not specific to your jurisdiction. However, drug possession is drug possession. It doesn't require one to use the drugs. Intent to distribute is generally based on the amount of drugs a person is possessing. If you have a pound of meth, and you... Read more »

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