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Questions Answered by Brian K. McHugh
1 Answer | Asked in Traffic Tickets for Colorado on
Q: I got a ticket near Denver, but I lost the paper ticket and don't know what court issued. How can I find it?

I got a ticket in Centennial, CO and I lost the paper ticket. I checked their online database and they don't have an citations for me. I have no idea what jurisdiction issued the ticket, I tried Douglas County Sheriff and Lone Tree and nothing. How can I find out who issued the ticket so I can... Read more »

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

If you were issued the ticket within the Centennial city limits (that can be determined by an online search for a map of the boundary lines of Centennial), then the ticket was filed either with the Arapahoe County Court or, more likely, if it was a minor traffic violation, the City of Centennial... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: I have 3 Court Clearance Required I know I missed court in Denver but idk about Aurora and Douglas? Any advice?Whattodo

Can it be unpaid fines? What’s the consequences of this and missing court for driving w no license i need help please I will hire an attorney I just need help

Brian K. McHugh
Brian K. McHugh answered on Mar 8, 2020

Call the court clerk in the Aurora Municipal Court and the Douglas County Court and ask them for about the clearances you need. In the typical situation they are called an OJW fees.

1 Answer | Asked in Criminal Law for Colorado on
Q: Will a deffered prosecution show up on your record during the time of completion? (I was not arrested/fingerprinted)

I checked CBI & since I wasn't arrested/fingerprinted nothing showed up but would it show up in a National Criminal Background Check?

Brian K. McHugh
Brian K. McHugh answered on Feb 26, 2020

It will not show up on a criminal history check through the CBI or the FBI because you were not arrested and finger printed. However, since it is active court case, a thorough background may disclose it.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: What should I expect for a careless driving summons?

I passed a car without using blinkers in downtown Denver. When I was pulled over, the officer said that I was in the 2nd lane, passed the car in front of me by using the 1st lane, and then merged right to the 3rd lane without blinkers. Shocked that this was incorrect, I said that I was actually... Read more »

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

What you should expect depends on whether you want to fight the ticket in trial or plea bargain the case. If you decide to fight the ticket, you should have an attorney. The prosecutor will be an attorney and you will be at a disadvantage. The judge will expect you to follow the rules of procedure... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Colorado on
Q: My sister just found her 4 1/2 month old baby unresponsive. Does she have to perform a reenactment for the police?
Brian K. McHugh
Brian K. McHugh answered on Feb 7, 2020

She does not have perform a re-enactment and she does not have to talk to the police. She should obtain an attorney.

1 Answer | Asked in Criminal Law for Colorado on
Q: I signed on a bond for a friend and they didn't show for court, can the bondsman file criminal charges against me?
Brian K. McHugh
Brian K. McHugh answered on Feb 5, 2020

Based on the facts stated in your question, the answer is no - you have not committed a crime. However, the bondsman may demand you pay the amount of the bond.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I received a traffic ticket and the time on the citation is incorrect and I have proof I was Elsewhere at the time.
Brian K. McHugh
Brian K. McHugh answered on Jan 27, 2020

When you raise an alibi defense, you are claiming that it wasn't you who committed the offense because you were someplace other than the location of the offense charged. From your question it sounds like you are considering raising what would amount to an alibi defense. The problem in your... Read more »

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 to you.

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... 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 -... 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... 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 »

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