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Questions Answered by Brian K. McHugh
1 Answer | Asked in Criminal Law for Colorado on
Q: Hi, I’m being questioned by the secret service tomorrow about my tweets, which were meant to be jokes, what should I do?
Brian K. McHugh
Brian K. McHugh answered on Dec 5, 2019

You are not required to talk to the Secret Service. That said, you should contact an attorney experienced in federal criminal law and do it right now.

Given the short notice it is unlikely that a defense attorney will be in a position to tell you anything more than that they need more time...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Is it illegal to obtain goods or services with the intent to reverse the funds or charge back the funds? Colorado.

What statute or municipal code would this fall under.

Theft from any person anything of value thru the use of deception, suspect vehicle was held for cash payment only as stated on his invoice, suspect made payment online and stated that his wife mentioned that it was christmas and after... Read more »

Brian K. McHugh
Brian K. McHugh answered on Nov 22, 2019

Yes. It is theft if the person obtains the goods, reverses the charges and keeps the goods.

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Colorado on
Q: I was in an accident and received a citation for careless driving. What are my chances of pleading for a reduced charge?

I was riding my motorcycle and crashed into pickup truck in an intersection. I was given a mandatory court date at El Paso Combined Court for careless driving. I have a clean driving record up until this accident and was respectful and polite with the officer who issued the citation. I was the only... Read more »

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

Most prosecutors will offer a point reduction based on the facts you describe - clean driving record, no injuries (I assume), your respectful attitude to the officer, etc. While there is no requirement that the prosecutor offer a traffic infraction plea bargain, that is commonly what happens.... Read more »

3 Answers | Asked in Criminal Law for Colorado on
Q: My son has to be in court tomorrow at 9. He is being charged with a class give felony charge. Will we need a lawyer?

He's never been in trouble before. He did not know He was entering a vacant house until he was inside. He did not knowingly and willingly break in.

Brian K. McHugh
Brian K. McHugh answered on Nov 5, 2019

Yes, your son will most definitely need a lawyer. If you can't afford to hire one, he needs to apply for the public defender ASAP.

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Colorado on
Q: Is a charge the same as a conviction for the purposes of renting an apartment?

On unsupervised probation and in compliance. Told once probation ends the case is set to be sealed.

Brian K. McHugh
Brian K. McHugh answered on Nov 2, 2019

A charge is a prosecutor's allegation that you committed an offense. A conviction is a legal determination that you are guilty of committing the offense charged.

If you are on probation, whether it is unsupervised or supervised, then you have a conviction. Once the case is sealed you can...
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3 Answers | Asked in Criminal Law for Colorado on
Q: Does the victims of a municipal crime have to show up if the defendant is going to trial?
Brian K. McHugh
Brian K. McHugh answered on Oct 23, 2019

If you are properly served with a subpoena, you have to show up as directed in the subpoena. If you do not show up the court has the power to hold you in contempt of court or even issue a warrant for your arrest.

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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 »

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