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Questions Answered by Brian K. McHugh
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I had a hearing on jan 15 th in front of the colorado supreme court and still have not heard a ruling why so long

Does it take colorado supreme court this long to decide usually

Brian K. McHugh
Brian K. McHugh answered on Sep 30, 2019

There is no set time limit for the Colorado Supreme Court to rule. Your wait of 9 months is not at all unusual. It could be several months before the Court renders a decision.

1 Answer | Asked in Criminal Law for Colorado on
Q: What happens in court?

I was at target with my two children. I am really stuggling and couldn’t afford baby food for them, diapers, wipes, bottles and binkys for them etc. They caught me walking out and told me to go to the back with them as I did. They took my info down and called the police and the police came and... Read more »

Brian K. McHugh
Brian K. McHugh answered on Sep 10, 2019

Based on the information you provided, you should not be worrying about jail or having your children taken away.

It sounds like you will probably qualify for a court-appointed attorney (no cost to you). The attorney will get you through the process and help you resolve the situation.

2 Answers | Asked in Criminal Law for Colorado on
Q: Can you be held in jail with no evidence?

My husband has been in jail for 3 months but his attorney told him the da don’t have evidence can they still hold him in jail?

Brian K. McHugh
Brian K. McHugh answered on Sep 10, 2019

Attorney Kollin asks the right question. There is a difference between "no evidence" and "not enough evidence to convict". Your husband's attorney may just be stating his assessment of the prosecution's case which, while it may be correct, is not an evidence based determination by a jury or the... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Criminal mischief charges with domestic violence when I did no damage

Girl friends license suspended on jountly owner car and I pulled the plug wires off to disable it.

I got charged with DV citing criminal mischief for damaging the property of another. Pulling the wires off does not damage the car and she was going too drive it illegaly. I am... Read more »

Brian K. McHugh
Brian K. McHugh answered on May 25, 2019

Whether pulling the plug wires off would constitute damage to the car is an open question. It may be that the police believe the wires were damaged. As to joint ownership, so long as she was part owner, a charge of criminal mischief, or as Mr. Joyner noted, criminal tampering can be brought.

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1 Answer | Asked in Criminal Law for Colorado on
Q: When i turn 18 will an mip get expunged from my record?
Brian K. McHugh
Brian K. McHugh answered on May 19, 2019

Your age does not matter under the requirements for sealing an MIP.

For a first offense, if the case was dismissed after completion of a diversion program or a deferred judgment and sentence, or if it was a conviction, after payment of the fine and upon completion of a court-ordered...
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1 Answer | Asked in Criminal Law for Colorado on
Q: If my roommate let's someone into my room while I'm sleeping and that person steals my truck what can I do? Denver Co.
Brian K. McHugh
Brian K. McHugh answered on May 11, 2019

You need report your truck as stolen to the police and then contact your insurance company. Your insurance company will require that you report the theft of your truck.

1 Answer | Asked in Criminal Law for Colorado on
Q: Is ever appropriate for a k9 unit to be deployed on a suspect that is sitting in drivers seat?

The only thing I can add is unarmed suspect

Brian K. McHugh
Brian K. McHugh answered on Apr 28, 2019

There are not enough facts provided. The answer to a question such as yours is completely dependent on the facts. There are any number of scenarios where what you describe would be a reasonable and appropriate use of force and any number where it would be an unreasonable and inappropriate use of... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Charged with poss sched 2 in Co dont qualify for public def but I cant pay for a private

What happened to "if you can not pay for an attorney one will be appointed to you"?

Brian K. McHugh
Brian K. McHugh answered on Apr 21, 2019

An excellent question and one the courts have struggled with. A more accurate way to describe the reality of the situation is "a public defender will appointed if you qualify based on their income guidelines".

There are many people charged with crimes whose income is too high to qualify...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on
Q: I was decieved, lured in, driven to an unknown location, held,questioned, and left there. What should I do?
Brian K. McHugh
Brian K. McHugh answered on Apr 10, 2019

Not enough information provided. For starters, who did these things to you?

1 Answer | Asked in Criminal Law for Colorado on
Q: I have a 15 year old felony and I live in Colorado I want to know if I can own a black powder revolver
Brian K. McHugh
Brian K. McHugh answered on Mar 30, 2019

A black powder revolver falls under the definition of a firearm, so your possession of it is a felony offense.

1 Answer | Asked in Criminal Law for Colorado on
Q: Does a search warrant have to have an address if they are searching the house
Brian K. McHugh
Brian K. McHugh answered on Mar 30, 2019

Not necessarily. The search warrant must state with particularity identifying information which clearly identifies the place in to be searched. Usually an address is included in the affidavit for the search warrant, but it is not legally required. Other unique identifying factors can be used to... Read more »

1 Answer | Asked in Criminal Law and Probate for Colorado on
Q: my friend's wife died and a young man that grew up with them hired an attorney and claimed to be adopted by his wife!

my friend's wife died and a young man that grew up with them hired an attorney and claimed to be adopted by his wife! It turned out later that he was NOT ADOPTED! Is the one claiming to be adopted committing fraud? And, is it provable in a court of law? (Colorado)?

Brian K. McHugh
Brian K. McHugh answered on Mar 24, 2019

It could be fraud, but it would depend on what, if anything, he did in the false capacity as the son of the deceased. It could also be Criminal Impersonation, again depending on the facts.

As to whether it is provable, it would depend on what evidence was uncovered during the investigation...
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2 Answers | Asked in Criminal Law for Colorado on
Q: Is there jail time for 2nd degree burglary with a previous misdemeanor
Brian K. McHugh
Brian K. McHugh answered on Apr 1, 2019

With the exception of class 2 petty offenses and a few other crimes, jail is a possible penalty for a criminal offense. Having prior convictions increases the risk of a jail or prison sentence (county jail for misdemeanor offenses, prison for felony offenses). However, "possible" is the key word... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: what is the repercussion of a hot UA for your first pretrial UA in Colorado? thanks

The case is Douglas County, Colorado

Brian K. McHugh
Brian K. McHugh answered on Feb 21, 2019

The pre-trial release staff may or may not report the hot U/A to the Court. If they don't, they will likely modify your supervision terms, for example, increasing the frequency of U/A's you are required to provide. If they do report it to the Court, the Judge could do anything from simply warning... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I am on probation in Colorado and trying to get an interstate compact back to Indiana my probation officer says she

Wants to wait six months before she submits my interstate compact application. Does she have the authority to do that if I am in compliance? Thank you

Brian K. McHugh
Brian K. McHugh answered on Jan 24, 2019

The sending state (Colorado) has to approve your request to the receiving state (Indiana) for transfer of your probation supervision. So yes, she can put off submitting your application. Even if she did not have that authority, it would be very unlikely that Indiana would accept the transfer of... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: A friend on parole staying at my house was arrested by his parole officer after finding meth on the table.

There was about 2-3 grams of meth but it was both of ours. He got arrested and I didn't. I have never been in trouble with the law before. Should I go to the police station and tell them it was mine as well? Would I be arrested and booked into jail or be issued a summons to. Show up for. Court?... Read more »

Brian K. McHugh
Brian K. McHugh answered on Jan 15, 2019

No, you should not go the police and confess. It will not help your friend. Yes, you might be arrested and booked into jail.

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2 Answers | Asked in Criminal Law for Colorado on
Q: In Colorado is a convicted felon able to legally own and/or possess a firearm?

If the answer is no, does that change 10 years or sometime after the conviction for felony?

Brian K. McHugh
Brian K. McHugh answered on Dec 11, 2018

Generally, the answer to both your questions is no. However, if the purpose of the possession was the protection of the person's home, their person, or their property, rights protected under the Colorado Constitution, a felon charged with possession of a firearm may have an affirmative defense to... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: What do I file charges for?

I was pulled into a bathroom at work by a male employee, shoved and pinned against a wall and he forcibly kissed me without my consent. He knew I was engaged and not interested. And this has been affecting my mental health and relationship for the last month since it happened.

Brian K. McHugh
Brian K. McHugh answered on Nov 9, 2018

You do not need to decide what charge or charges to file. Go to the police department in the city or town where this happened (it will be the sheriff's department if it happened in an unincorporated part of the county) and tell them you want to file a report. The law enforcement officer will take... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Will a defendent get credit for presentence jail time towards a sentence of work release in Colorado?

Who will add the credit and when will he be informed of this. It seems as though credit was added to his 4 year probation and not his 2 year work release sentence.

Brian K. McHugh
Brian K. McHugh answered on Oct 21, 2018

Any time in jail waiting for resolution of the case, whether the resolution is sentencing based on a plea or trial verdict, or sentencing based on a violation of probation, will be credited against the sentence imposed. That is true on work release and straight jail sentences.

1 Answer | Asked in Criminal Law for Colorado on
Q: My house was raided with a federal search warrant and they found some stuff now I'm sitting in jail under a parole viola

I've been in jail now for 6 months how long is statute of limitations on the warrant for them to arrest me for the warrant and nobody is ever talk to me about this warrant no federal or local police have talked to me about it

Brian K. McHugh
Brian K. McHugh answered on Oct 21, 2018

There is no statute of limitation for a warrant. If you are regressed to DOC for violating parole you, will receive credit for the six months in jail against the time remaining on your DOC sentence.

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