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Questions Answered by Douglas T. Cohen
1 Answer | Asked in Criminal Law for Colorado on
Q: My husband, who is 80 yrs. now, was convicted of stealing a saddle when he was 18. He served jail time, and probation.

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??

Douglas T. Cohen
Douglas T. Cohen 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...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: What are the possible outcomes of this case, and the chance of each?


Douglas T. Cohen
Douglas T. Cohen 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.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

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... Read more »

Douglas T. Cohen
Douglas T. Cohen 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.

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1 Answer | Asked in Criminal Law and Divorce for Colorado on
Q: Birth mother enticed 14 yr old son away from care without knowledge at a public venue under CO. Statute18-3-304

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?

Douglas T. Cohen
Douglas T. Cohen 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...
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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.

Douglas T. Cohen
Douglas T. Cohen answered on Nov 5, 2019


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1 Answer | Asked in Criminal Law for Colorado on
Q: What element are needed to prove criminal attempt to commit sexual assault in Colorado General intent or Specific intent
Douglas T. Cohen
Douglas T. Cohen 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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

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... Read more »

Douglas T. Cohen
Douglas T. Cohen 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...
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