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Questions Answered by Brian K. McHugh
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 »

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...
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 »

1 Answer | Asked in Criminal Law for Colorado on
Q: Is there a CRS which states that a person with two or more prior felony convictions can not sentenced to probation?
Brian K. McHugh
Brian K. McHugh answered on Dec 18, 2019

Yes, the general rule is that a person with two or more felony convictions cannot be sentenced to probation. However, an exception applies - if the DA recommends probation for such a person, the court can, but is not required to, impose a sentence to probation.

Keep in mind that the above...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 16, 2019

The victim in a criminal case has the right to ask that the case be dismissed. However, the prosecutor is only required to listen to the victim's input, they are not required to do as the victim asks.

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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...
Read more »

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...
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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.

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