Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian K. McHugh
1 Answer | Asked in Criminal Law for Colorado on
Q: where can I find information about prisoner trading between states?

My son is incarcerated in Texas, but his home state is Colorado. I would like to know where to find the information I need to possibly get him traded back here to Colorado where his family is.

Brian K. McHugh
Brian K. McHugh
answered on Apr 13, 2021

That is strictly a matter for the Colorado Department of Correction and the Texas Department of Corrections. However that does not mean you have hit a brick wall. Call Colorado DOC's main number and asked to speak to the person in charge of inmate relocation. You may hit a brick wall at that... View More

1 Answer | Asked in Criminal Law, Communications Law and Gov & Administrative Law for Colorado on
Q: Do I need to be on call to testify in court if I never received a subpoena in Colorado?

I was involved in an armed gas station robbery in 2019. DA called me Feb. of this year and admitted they were sending everything to the wrong person with my same name despite having my police report and information. They said the lead investigator would call me in March. Never did. I finally called... View More

Brian K. McHugh
Brian K. McHugh
answered on Apr 13, 2021

If you have not been personally served with a subpoena you have no legal obligation to appear. However, I assume you are important witness since, as you say, you were "involved in an armed gas station robbery." Unless you were a participant, you might want to give some thought to... View More

2 Answers | Asked in Criminal Law for Colorado on
Q: I would like to know how it is possible to be charged with felony assault from a compulsive liars "word" no Witness

And no investigation of me by any phone calls or interviews or contact. Warrant took 8 days to be put through since incident. Tried and couldn't find out if under investigation during that 8 days. How can this be done with no evidence just her lies? This is ruining my life. She is also not a... View More

Brian K. McHugh
Brian K. McHugh
answered on Mar 29, 2021

I would be curious to know (and you may not know) if the felony classification is based on the alleged use of a deadly weapon, or an allegation that the "victim" suffered serious bodily injury or an allegation of strangulation. If the "victim" claimed any or all of those, the... View More

View More Answers

2 Answers | Asked in Criminal Law for Colorado on
Q: Is a stay of execution a good thing to ask when you're under revocation for a technicality
Brian K. McHugh
Brian K. McHugh
answered on Dec 1, 2020

In addition to Attorney Maye's example, another example of a stay of execution is where a jail sentence is imposed on a defendant. The defendant requests and is granted a delay, to a specific date, when they are required to report to the jail to begin serving their sentence.

Note, my...
View More

View More Answers

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.