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Questions Answered by Philip M Smith
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.

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...
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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 »

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