DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you...View More
Potentially. Criminal assault occurs when a person knowingly or recklessly causes bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical or mental condition. More likely though, this is a noise violation - either Disorderly Conduct...View More
We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... View More
Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney....View More
It depends. In some circumstances probation is mandatory to ensure you comply with a treatment program, for example in domestic violence and DUI/DWAI cases. Be careful what you wish for though- I've seen this request made before and the judge put the person in jail for the maximum sentence...View More
Theoretically, yes. You would have to submit a motion asking the judge to "quash" the warrant and to reset a court date. You'd want to submit the letter and admittance/discharge paperwork as proof. However, if you have FTA'd before, or if this is a very serious crime, the judge...View More
My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... View More
It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time,...View More
I am a school teacher, no prior problems with my new husband. i replaced his phone I broke. I was offered yr probation & classes. That's extreme so I chose trial by jury but very nervous. I'm an asset to society not a liability, what are my chances for only community service and fine?
If the judge finds that the breaking of the phone was an act of domestic violence, the classes and probation are mandatory. So, I'd say your chances of community service and fine only aren't great. I would suggest that you meet with an attorney, if you aren't already represented,...View More
I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... View More
You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate...View More
It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court...View More
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.
I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... View More
Your income would need to fall below a certain threshold to be assigned a public defender. You'll need to fill out an application and submit it to the court. You will also need to submit income documentation to the public defender's office.
The other parent has primary custody but we technically split 50/50 with a week on/week off schedule but my 16 year old wants to live with me full time and we would like to move out of state but I don’t know which papers that I would need and if they would have a choice even if the other parent... View More
You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.
You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of...View More
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