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I entered into a plea agreement under duress and before I was sentenced, the DA shot himself, and I also changed lawyers. The Judge proceeded, and the DA stand-in grandstanded me. This in turn rendered a sentence outside of the presumptive sentencing range of the alleged charges.
answered on Jan 3, 2023
The short answer is no. The main issue is whether you entered your plea knowingly and voluntarily, which paperwork you signed and the actual court record will indicate.
Sometimes pleas can be withdrawn if exculpatory evidence (evidence that is of benefit to the defense) was withheld from... View More 
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answered on Mar 27, 2022
sorry to hear this. Do you have a question or are you seeking legal counsel for him?
Ok so this was a domestic violence case in Colorado. I was never arrested or charged with any crime .This has all been civil .And the civil order of protection was dismissed by the judge.So I assumed I could then contact my ex girl friend. Then a da investigator says pending charges are under... View More
answered on Mar 26, 2022
Good day. Sorry you have this confusion but also not sure what you are asking. It sounds like the court and sheriff have already told you there is no criminal or civil protection order prohibiting contact.
However, you say that they also informed you, which seems accurate, that if you... View More
Never had any other criminal charge other than the one time.
answered on May 1, 2021
sorry but you cannot expunge a sex offense conviction in Colorado unless it was not really a conviction
The girl had been arguing with her father and did not want to go home. They arrived at my son's and I's house and were greeted by police. He was charged with harboring a minor. He had just turned 18 three months earlier. They knew each other from high school. The police messed up his name... View More
answered on Apr 28, 2021
sorry your son is going through this. However, to assess the case and whether the plea offer is reasonable, it would be best to retain an attorney to look at the police reports and all the facts and do further investigation if necessary in order to better negotiate with the DA.
I was charged with felony theft
answered on Jan 16, 2021
“With prejuduce” means the Prosecution can never re-file the case. “Without” means they can.
Almost all criminal cases are dismissed “without” prejudice. In Colorado, there is no law here in Colorado that gives the judge the authority to require a dismissal “with” prejudice... View More
Used to use a dating app, matched with someone who wanted to text right away. Didn't think much of it, first thing they did was send a very pixelated lewd photo. Well couple hours later I get a call from someone claiming to be the father and saying the girl was actually 16. I never sent... View More
answered on Nov 3, 2020
Although I can’t comment on the specifics of any particular matter here, generally what you describe sounds like a scam to extort you.
When police do online undercover stings, they cannot use any lewd photos of minors. Anyone who demands money instead of reporting a suspect to police is... View More
answered on Oct 12, 2020
Good day, The short answer is "it depends, more info is needed."
The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be... View More
Just recently, we have found out that this is still on his record. Is this correct, since he fulfilled all of his obligations at that time?? Can he get this erased, or shouldn't it have been taken care of 62 yrs. ago??
answered on Apr 14, 2020
The short answer is: It depends. It depends on whether the "conviction" was permanent or some other type of plea (deferred, dismissed) and if he really was 18 or a juvenile under 18.
Also, it depends on the level of "conviction." In recent years, the laws have changed... View More
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answered on Mar 21, 2020
Sorry but if you currently have a lawyer, you should not be discussing your case specifics with other lawyers and definitely not online. I suggest you set a meeting with your public defender and address these concerns with him/her.
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... View More
answered on Feb 2, 2020
You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.
Birth mother attended same sporting event as me and kids. Without knowledge or communication to me as custodial parent my Ex wife texted my 14yr old out of stands to come meet her without my knowledge or consent. Is this criminal under 18-3-304 CO Statutes?
answered on Dec 7, 2019
The short answer is: No.
CRS 18-3-304 is a kidnapping statute. Applying the kidnapping statute to the type scenario you are describing is a major stretch.
One parent texting a child at a sporting event that you are at with your child, so they can meet and say hello for a few... View More
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.
answered on Nov 1, 2019
The short answer is: Sexual assault has an element of the mental state of "knowingly" crime, even if an attempt v actual sex assault. "Knowingly" is a general intent crime.
To be "specific intent" the mental state usually has to be "with intent" or... View More
My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... View More
answered on Jun 7, 2019
If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.
You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the... View More
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