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Questions Answered by Brian K. McHugh
2 Answers | Asked in Criminal Law for Colorado on
Q: What chances at trial?

Likelyhood of favorable outcome

Brian K. McHugh
Brian K. McHugh answered on Jan 22, 2020

Would need complete knowledge of the facts to respond to this question.

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1 Answer | Asked in Traffic Tickets for Colorado on
Q: In Colorado, can I go go the DMV to get a state ID or drivers license without being arrested if I have a bench warrant

Failure to appear bench warrant.

No DUI

License not revoked

Brian K. McHugh
Brian K. McHugh answered on Jan 21, 2020

I am aware from past cases that DMV may check a person for warrants. I can not say that they do it routinely. If they do find a warrant they will contact local law enforcement.

1 Answer | Asked in Criminal Law for Colorado on
Q: If I violate conditions of my bond and then reach a plea bargain for the case I violated bond on and get sentenced .

Can I be charged later for the bond violation?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Yes, violation of bond conditions is a separate offense, even though it is related to the case you settled by a plea agreement. It may be that the plea bargain included an agreement not to file a bond violation case. You should check with your attorney or, if you did not have an attorney, check the... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: Will I serve ALL 58 days in county jail? Going in to serve my remaining days on a closed case. Asked to turn myself in.

Will I serve all 58 days? If so, how many is likely??

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Got pulled over driving my brothers car without registration or insurance. Should I register and get insurance?

Should I buy insurance and registration before court?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Your brother needs to register the car and get insurance for it. Proof of proper registration and current insurance is what you need to take to court and is what will help you the most.

It is doubtful that you could even register the car or obtain insurance for it since it does not belong...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Where or who do i go to to file perjury charges on someone who lied under oath to mislead magistrate
Brian K. McHugh
Brian K. McHugh answered on Jan 15, 2020

Make a report to the police or sheriff in the county in which the court proceedings occurred.

1 Answer | Asked in Criminal Law and Municipal Law for Colorado on
Q: If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.

1 Answer | Asked in Criminal Law for Colorado on
Q: is an attempted kidnapping charge f4 considered a violent crime in colorado
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If the kidnapping was the class 3 felony version of that offense, an attempt to commit that crime (a class 4 felony) is a crime of violence.

1 Answer | Asked in Criminal Law for Colorado on
Q: After being sentenced and turning myself in I didnt get credit for my time served. What do I do

I was sentenced to one year in jail with work release approved and given two days to turn myself in. I turned myself in and then waited in jail for 5 days until transferring to the work release facility. I contacted the sheriffs office because my MRD was wrong and they said I was correct and was... Read more »

Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If you were sentenced to 1 year in jail with work release authorized, and spent 5 days in jail before you entered the work release program, that 5 days jail will count against the 1 year sentence. If something else is going on with the judge's order, you need to appeal the decision. If it was a... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I was given a traffic ticket for a ticket I never had any officer contact with. Is this a legal ticket?
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

It is likely that the ticket is legal, but more information is needed about what happened before a helpful answer can be given.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: i received a speeding ticket in commerce city, co. the ticket was missing my physical information.

i got a 12pt speeding ticket now waiting for a court date by mail i received a motion to amend the missing information and it was granted what should i do next

Brian K. McHugh
Brian K. McHugh answered on Jan 12, 2020

Now that the ticket has been corrected, it is like any other ticket. You go to court and see what sort of plea bargain the prosecutor will offer you. You can hire an attorney to represent you. Once you know what the prosecutor's final plea bargain offer is, you will need to make a decision - accept... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Mandatory court summons for speeding and I've moved out of state. How to resolve this without going to court?

I got a mandatory summons for doing 77 in a 55 zone in Commerce City, CO. I moved to CA state the week after this happened. I got my court date and I can afford to pay the fine but traveling to CO is a hassle and I cannot afford that. I don't have any other moving or non-moving violations. Is there... Read more »

Brian K. McHugh
Brian K. McHugh answered on Jan 11, 2020

You can hire an attorney to appear on your behalf. The attorney will ask the judge to waive your appearance.

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I ask the courts to change an upoming court date to another day in the same month that I already have off?

I have a day off for a dr appointment the following week of my next scheduled court date. I attempted to find a dr appt for the same date but was unable. I am sheduled for a prelim or disposition hearing the week prior to the dr appointment.

Brian K. McHugh
Brian K. McHugh answered on Jan 11, 2020

Call the Clerk of the Court, tell them your situation and ask them if you can change the court date to the same date you have set for your doctors appointment.

1 Answer | Asked in Criminal Law for Colorado on
Q: Can I get 3rd degree assault if I never touched the person

All my charges are on a victim I never touched

Brian K. McHugh
Brian K. McHugh answered on Jan 4, 2020

3rd Degree Assault requires physical contact which causes bodily injury to another. The act which causes the contact is must be done knowingly or recklessly. The bodily injury part of the offenses is satisfied if the physical contact causes any impairment of the victim’s mental or physical... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: I’m 23 I live in Colorado and have for two years. Can Georgia put Me in prison for interference with govt. property?

There was a dispute at a bar, I was severely intoxicated, detained and ended up with an interference with govt property charge. This happened before I moved to CO. I work at the airport and just lost my security clearance until there’s a disposition and have to go back to Georgia, which I can... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 29, 2019

If I understand you correctly, you were charged in Georgia. If that is the case, you should direct this question to attorney in Georgia. Colorado and Georgia law unlikely to be the same in your situation.

1 Answer | Asked in Criminal Law for Colorado on
Q: I've been charged with theft as a 19 year old. The citation is $50 but less than $300. Do I need a to get a lawyer?

I have made a huge mistake that I deeply regret. I made the choice of taking someones jacket from the locker room. I returned the jacket to the individual and the person is not pressing charges. However I did get a citation and was wondering if it is possible if I can show up to court by myself... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 27, 2019

Under Colorado law you are considered an adult, so you do not need to notify your parents and you do not need a parent present with you in court.

It wouldn't hurt to have a lawyer represent you; they know the rules of the system and how those rules work. If you want a lawyer, but cannot...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Someone was convicted of felony indecent liberties with a minor in 1989. He knew he was required to register.

He didn't. Is he in violation now? He moved to Colorado and won't go back to Wyoming because of this.

Brian K. McHugh
Brian K. McHugh answered on Dec 27, 2019

He is required to register in Colorado.

1 Answer | Asked in Criminal Law for Colorado on
Q: I have a question about accidental firearm discharges
Brian K. McHugh
Brian K. McHugh answered on Dec 25, 2019

Need more information in order to answer the question. For example, how was it accidently discharged? where did the incident occur, was alcohol involved, was anyone injured (or could easily been injured under the circumstances that existed at the time), was the person responsible for the accidental... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I live in Colorado and am attempting to resolve outstanding NJ traffic tickets. Can you help, or must I be present?

These tickets are 6-8 years old and all of a non-moving violation nature.

Brian K. McHugh
Brian K. McHugh answered on Dec 23, 2019

Because the traffic tickets are out of New Jersey, you need to contact an attorney who practices in New Jersey, specifically in the jurisdiction where the tickets where issued. They will be familiar with the applicable court practice and procedure for taking care of old unresolved tickets. They... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: how can you be charged with tampering with the witness if they through out the original charge of DV?

we talked over the phone while my boyfriend was in jail. he told me not to worry every thing is going to be ok no face no case now they are throwing out the DV charge only to charge him with witness tampering, I had no intentions of pressing charges in the first place what are our options?

Brian K. McHugh
Brian K. McHugh answered on Dec 18, 2019

Witness tampering can be charged if it is based on conduct which occurs after the offense has occurred but before charges are filed. It can also be charged based on conduct that occurs after charges have been filed. Witness tampering cannot be charged based on conduct that occurs after all the... Read more »

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