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My wife has severe PTSD from her first husband( held captive for 3 years cult police rescued her). We lost everything and came to Co for my son who has a half a heart left side.My son and I said the same statement. I wasn't allowed to contact my paid lawyer. But even my PD said I would win,... View More
answered on Sep 9, 2018
Assuming all the facts stated in your question are accurate (it is always possible something was misheard), then the answer to your question is no; a defendant's decision to proceed to trial or accept a plea offer, must be knowing and voluntary. A threat to penalize a defendant if they go to... View More
answered on Aug 24, 2018
Yours question requires a two part answer. First, the prosecutor will need to agree to terminate the deferred judgment early and the court will need to order the guilty plea withdrawn and the entire case dismissed. If the prosecutor will not agree, you will need to complete the full term of the... View More
answered on Aug 14, 2018
Depending on the charge(s) in the case, the prosecutor may be required to notify the victim. Even if it is not required, the prosecutor may still notify the victim that a petition or motion to seal records has been filed.
Hi i was charged with dv 3rd degree assault when my wife hit me with plant pot and ceramic piggy bank was coming at my head which wiuld have caused serious injury to myself so i pushed her on the bed and she injured her eye in the process. I want to offer to return to nh where i moved from will... View More
answered on Aug 11, 2018
With 99.999% certainty I can say the DA will not drop the charges if you agree to leave the state.
El Paso county
answered on Aug 10, 2018
That is a criminal case number relating to a specific defendant, not a criminal statute.
The order doesn't mention anybody else but my son, and neither me nor my wife were informed or served the document.
answered on Aug 10, 2018
A protection order in a criminal case only restricts the Defendant.
The guy who actually took the life took a plea for second degree manslaughter. His buddy who goes to trial is convicted of accessory to the crime of murder. How is it possible to do that if there is no murder conviction?
answered on Aug 3, 2018
Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does... View More
My partner has plead on a harassment charge and upon his intake with the diversion program the intake officer asked many probing questions about a witness in the case, an onlooker of the incident, who is also the defendants father. The intake officer threatened to press charges on the father based... View More
answered on Aug 3, 2018
The short answer is yes. Legally the DA's ability to file a criminal case against a witness to a crime is not effected by the outcome of the case in which the person was a witness. However, there may be evidentiary or proof problems that make charging the witness difficult or impossible.
Was sentenced in 1993 discharged my case and was told I was done with the state of Colorado justice department I was a free man and now I'm order to pay restitution again
answered on Aug 3, 2018
At the time the Court orders restitution in a criminal case, the order also becomes, by operation of law in Colorado, a civil judgement for the amount of restitution. The civil judgment remains an enforceable judgement until it is satisfied or it expires*. I believe a civil judgement is enforceable... View More
I have a breathalyzer in my truck got a false reading and went to police station and told them and asked for a breathalyzer to prove I haven't been drinking and they denied me
answered on May 24, 2018
No, their refusal to give you a breath test is not against the law.
Hello. I was in situation In which my ex boyfriend tried to suffocate me with a pillow but I was able to get away. He is currently being charged with 3rd degree assault.
answered on May 5, 2018
A helpful answer to a question like this is heavily dependent on what the prosecuting attorney believes are the facts of the case. However, based solely on the information provided, ("my ex boyfriend tried to suffocate me with a pillow"), it would not be surprising if an attempted murder... View More
answered on May 3, 2018
If there is an active warrant for your arrest, yes. Your age at the time a warrant is issued and your age at the time you are arrested on that warrant are irrelevant.
I'm Indigent I was appointed counsel of the public defender's office right after my suppression hearing my lawyer said that he was not going to be able to finish my case. Is there a procedure to quite/withdraw? How does court record this and is client/defendant notified in writing from... View More
answered on Apr 24, 2018
There is a procedure which includes the attorney filing a motion to withdraw. The client is given notice of the motion and a list of other notifications regarding the motion to withdraw, including the right to objection. The Court does have to approve withdrawal.
answered on Apr 12, 2018
You could. It will be up to the sentencing judge. The judge could find you in contempt of court or in violation of a sentence to probation if the jail is part of a probation sentence.
The longer you delay in reporting to the jail the more likely additional jail becomes.
son was arrested for dv without incident.
answered on Jun 28, 2017
It means your son was arrested and (fortunately) there was no incident (like resisting arrest) involved in taking your son into custody.
The incident took place about 3 weeks ago and the proof the officer claims to have is statements by two "unbiased" adults and a picture of my son walking away from the area the fight happened.
Will I be extradited back to Colorado (now in Wisconsin) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop/etc. here in WI)
The sentence was for being terminated (revocated) on probation for failing to follow terms for 1 year of probation... View More
answered on Apr 13, 2017
If you are stopped it is very likely that the warrant will be found. The information about the warrant should note whether extradition from another state is sought. If so you will be held for extradition to Colorado. It is unusual, but not unheard, for a state to extradite a person for a... View More
answered on Apr 10, 2017
First, sorry for your loss. Yes, you should send a copy of the death certificate to the probation department. I suggest you also send one to the court.
6 years ago
I would like it off my record to improve my chances of finding work since it is technically viewed as a drug charge.
answered on Mar 7, 2017
Whether you are eligible to ask the Court to "seal" the records (the terminology used when the records at issue relate to an offense committed by an adult) depends on factors not stated, for example: What was the outcome of the case? Was the case filed in a municipal court or a state... View More
There are many errors on my ticket and Miranda rights were not read to me .
answered on Feb 28, 2017
The errors on the ticket may or may not make a difference in your case. It depends on the nature of the errors. Regarding the officers' failure to read you your Miranda rights, that failure may be of more consequences depending on whether you were BOTH in custody and subjected to... View More
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