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Questions Answered by John Kenneth Joyner

2 Answers | Asked in Criminal Law for Colorado on

Q: Is there jail time for 2nd degree burglary with a previous misdemeanor

John Kenneth Joyner answered on Mar 18, 2019

Second degree burglary can be a class 3 or 4 felony. If you are charged with a class 4 felony, the possible time in the Department of Corrections is 2-6 years. If you are charged with a class 3 felony, the possible Department of Corrections time is 4-12 years.

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1 Answer | Asked in DUI / DWI for Colorado on

Q: I have a friend who is facing his 4th DUI offense. Any pro bono lawyer's in the Denver area that specialize in DUI aid?

John Kenneth Joyner answered on Jan 28, 2019

Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.

1 Answer | Asked in Criminal Law for Colorado on

Q: To the best of my knowledge, a company advised it's employee to commit an act of armed robbery. What are my options?

I'm disabled and was present when the employee took my $500 plus device out of the ecoATM, he called his parent company and they advised him to maintain possession of the device that I was pinging with the "find my device" application provided to me by my service provider. I understand that I was a... Read more »

John Kenneth Joyner answered on Jan 17, 2019

If you believe you are the victim of a crime, you should contact the police.

1 Answer | Asked in Traffic Tickets for Colorado on

Q: If a police officer has to beak the law to obtain evidence, is that evidence permissible in court?

I was cited for not coming to a complete stop at a flashing red light. The police officer was illegally parked in the middle of the street with no exterior lights on at 2am. There are signs advising of no parking, standing, or stopping directly in front of where the officer was parked. The closest... Read more »

John Kenneth Joyner answered on Jan 17, 2019

A judge will likely base the decision to allow or disallow evidence of what the officer was doing on whether or not the evidence is relevant to your guilt or innocence. Unless the officer's actions affected your failure to stop, then you will have a hard time showing relevance.

2 Answers | Asked in Criminal Law for Colorado on

Q: In Colorado is a convicted felon able to legally own and/or possess a firearm?

If the answer is no, does that change 10 years or sometime after the conviction for felony?

John Kenneth Joyner answered on Dec 11, 2018

A convicted felon is barred from owning firearms by federal law. There is supposed to be an appeals process, but the government has not funded it.

Short of a pardon, you are out of luck.

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1 Answer | Asked in Traffic Tickets for Colorado on

Q: I got a “engaged in speed contest” ticket in colorado, what are my rights?

the officer wrote the incorrect location of violation, and didn’t write down the speed i was going, or how he determined my speed

John Kenneth Joyner answered on Dec 2, 2018

Driving over the speed limit can contribute to the officer citing you for a speed contest, but is not necessary. Speed contest is defined as follows:

(b) For purposes of this section, “speed contest” means the operation of one or more motor vehicles to conduct a race or a time trial,...
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1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Colorado on

Q: Recourse for roof damage repair/replacement on a "duplex", where the other owner apparently has no damage?

My dad lives in Longmont. "Duplex" is probably not the correct term: it is a single building that contains two residences, each owned by a separate person. The area has an HOA. There was a hail storm a few months ago. A roofer and my dad's insurance (State Farm) adjuster confirmed he has roof... Read more »

John Kenneth Joyner answered on Nov 2, 2018

You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on

Q: What is the penalty for displaying a fraudulent license plate tag. A summons to appear in court for statute 42-3-121 1b

John Kenneth Joyner answered on Nov 2, 2018

A fictitious plates charge is a class 2 traffic misdemeanor and carries a minimum 10 days in jail and a minimum $150 fine, and a maximum of 90 days in the county jail and a maximum $300 fine.

2 Answers | Asked in Traffic Tickets for Colorado on

Q: If I forget to pay a traffic ticket, can I go to jail?

John Kenneth Joyner answered on Oct 29, 2018

If you miss a mandatory court date, the court can and likely will issue a bench warrant. If you fail to pay a non-mandatory court citation by the due date, they will likely issue a default judgment against you and can hold you in contempt if you fail to pay by a certain time. Your best bet is to... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Federal Crimes for Colorado on

Q: Is it unlawful to tell somebody in by way of publication, I will sqeeze it out of you...

In a online smear campaign this guy says I owe him money and he will sqeeze it out of me and he knows where I live and he will get me. Is this criminal harrassment or criminal threat?

John Kenneth Joyner answered on Oct 27, 2018

If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.

You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then...
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2 Answers | Asked in DUI / DWI for Colorado on

Q: How do they measure for intoxication of weed?

John Kenneth Joyner answered on Oct 26, 2018

Typically if an officer suspects that you are impaired by drugs, including marijuana, they will only give you the option of taking a blood test after you are arrested instead of offering a blood OR breath test.

Before you are officially arrested, the officer will also try to run you through...
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2 Answers | Asked in Criminal Law for Colorado on

Q: My son is 18. He recently got a ticket for trespassing. He has no clue what he has done wrong. Can I represent him

He was standing on what he thought was a public sidewalk. It was late at night. An officer pulled up, gave him a ticket with notice to appear in court. He was too afraid to tell me so he went alone to court. The ticket was for trespassing. He knows better than to question a LEO. He appeared and the... Read more »

John Kenneth Joyner answered on Sep 28, 2018

You need to get your son a lawyer. It sounds like you both need some clear guidance on what the state is accusing your son of doing and how to best proceed. You should apply for a public defender today, and if you dont qualify ask for the low/slow pay list if you have limited funds.

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3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on

Q: Can you get in trouble for lying to police in order to press charges on somone?

A group of people lied to police in order to press charges on my husband for battery.

We have proof they lied.

Can we press charges back on them for defamation or anything else?

John Kenneth Joyner answered on Sep 28, 2018

Yes. Depending on what your intentions were it can either be a misdemeanor or a felony.

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2 Answers | Asked in Criminal Law for Colorado on

Q: Would like to kno wat does "setting" mean in a court docket

John Kenneth Joyner answered on Sep 6, 2018

A setting is typically an appointment for an attorney to call the court and set a future court date.

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1 Answer | Asked in DUI / DWI for Colorado on

Q: How many DUIs can I have before I get my license taken away?

John Kenneth Joyner answered on Aug 31, 2018

If the DMV makes an administrative finding that you were driving under the influence, you will lose your license immediately. This typically happens when you take a chemical test or refuse testing. Revocation for breath tests above .08 and refusals happens immediately, at which point you are... Read more »

1 Answer | Asked in DUI / DWI for Colorado on

Q: What happens to your bench warrant when the judge who issued it retires?

John Kenneth Joyner answered on Aug 31, 2018

Nothing. You will still have a warrant for your arrest regardless of who issued it. If you want to get rid your warrant, you should hire an attorney to file a motion to quash for you. If not, you can always turn yourself in, bond out, and get a new court date.

1 Answer | Asked in Criminal Law for Colorado on

Q: Is it a crime to tamper with a camera surveillance system by disconnecting several cameras in order to not be recorded.

To not be recorded for several minutes then reconnected in the wrong positions that's how we discovered the tampering

John Kenneth Joyner answered on Aug 13, 2018

2nd degree criminal tampering is a class 2 misdemeanor in Colorado. The elements require a defendant:

- with intent,

- to cause injury, inconvenience, or annoyance to any person,

- tampered with property of another

So, if you call the police, they may find probable...
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1 Answer | Asked in Criminal Law for Colorado on

Q: What is a ballpark fee for sealing a misdemeanor in Denver?

John Kenneth Joyner answered on Aug 10, 2018

Lawyers will generally charge an investigative fee to see if your case is even eligible to be sealed or expunged, and then have a separate fee for doing the actual sealing process.

If you want to try and do it yourself, there are filing fees, certified mailing expenses, and court fees. I...
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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can a criminal protective order against my son include me and his mom and prevent us from entering the house I own?

The order doesn't mention anybody else but my son, and neither me nor my wife were informed or served the document.

John Kenneth Joyner answered on Aug 10, 2018

The protective order restrains whoever it is being enforced against. The restrained party has the obligation to make sure they do not come in contact with the protected parties, whoever they may be. If the protective order includes no contact and/or requires whoever the restrained party is be a... Read more »

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