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Questions Answered by Jonathan Greenlee
1 Answer | Asked in Traffic Tickets for Colorado on
Q: Speeding ticket with wrong registration address and possible non-protocol officer behavior.

I was ticketed for speeding on northbound CO 93 by a JeffCo sheriff’s deputy. My alleged speed was above the threshold requiring a court appearance. The officer berated me for having out of state plates when he found out I was on my way to work (I am an out of state college student) then... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 19, 2019

Opening the car door is a non-issue, as you only received a speeding ticket. Even if this was found to be an unlawful search, there is no evidence that could be suppressed related to your speeding charge.

If you are living in state but are an out of state student (paying out of state...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Can a juror in one criminal trial be on another jury in another criminal trial in a different county at the same time?

During my criminal trial where I was representing myself pro se after having insufficient councill during the entire court hearings

my trail was interrupted ..I was informed at the end of my trial by a district attorney from another county who walked into the courtroom to inform my judge... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 19, 2019

There is nothing that would automatically prevent a juror from serving on your jury simply because they have a pending case in another county or make this a conflict of interest. Generally speaking, the juror should not be talking on the phone during deliberations (which is likely why the other... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can you be convicted in a crime if there was no victim can the district attorney stand up and say that she is victim

If there was no dead body nobody got hurt no property or anything that damaged how is there a victim in this crime when asked for the victim to be brought forth in front of me in trial the district attorney stood up and said that she was the victim representative for the state.. is that even legal... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 19, 2019

For this type of charge, there would never be a "victim"- the "victim" is the state, as the prosecutor said. There are many crimes like this- a DUI without an accident, for example, does not have a person who is a victim, the victim is the state as a whole, represented by the prosecution.... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: What if the land wasn't occupied?

Person I know is getting tried for 2nd degree burglary when the land was unoccupied.

Jonathan Greenlee
Jonathan Greenlee answered on Jul 10, 2019

2nd Degree Burglary under C.R.S. 18-4-203 requires entry into a " building or occupied structure."

“Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not it is a “building,”...
Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband
Jonathan Greenlee
Jonathan Greenlee answered on Jul 10, 2019

If you can afford to hire an attorney, I would recommend doing so.

Your question is listed under Colorado, so my answer is based on the forms you need to complete in Colorado only.

If you cannot afford an attorney, go to www.courts.state.co.us, click on Self Help/Forms and then...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: If you are convicted of an attemted sexual contact misdemeanor 18-3-404 do you have to register as a sexual offender?

Attemted groping no contact happened

Jonathan Greenlee
Jonathan Greenlee answered on Jul 7, 2019

Yes, you will be required to register as a sex offender. If you have a prior conviction for an unlawful sexual offense you will be required to register for life. If you are convicted of the Class 1 Misdemeanor charge of Unlawful Sexual Contact 18-3-404, you can petition to de-register after 10... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I am on probation in Colorado. I also was sleeping out of my car. I couldn't handle it left with no permission to ohio

The dui was 2 years ago. I have finished everything up 27 hours of community service. How can I fix this

Jonathan Greenlee
Jonathan Greenlee answered on Jul 7, 2019

If you left the state without permission from probation, they will file a motion to revoke your probation and a warrant for your arrest. If you have finished almost everything, they may be willing to set a bond you can post on the warrant and let you finish probation successful, or terminate you... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Is it legal to pass car on interstate using shoulder if the driver in front slams on brakes to avoid collision?

I was driving on northbound I 25 in Denver, and I came upon this car in the left lane whom was driving under the speed limit and appeared to be texting. They kept drastically speeding up and then slowing down, so they might have also been under the influence. There was no way for me to pass on... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 1, 2019

If you only drove on the shoulder to avoid an accident, you should not receive a ticket. It is fairly common to see cars swerve into an open shoulder to avoid being rear-ended on I-25 in traffic that is sadly heavily populated by drivers like the one you described. If the other driver accelerated... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: What are my chances of having domestic violence and child abuse wothout injury dropped if there is no evidence of both?

My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury

Jonathan Greenlee
Jonathan Greenlee answered on Jul 1, 2019

At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: My nephew has four counts of attempting to obtain a controlled substance via fraud. How much time is he likely to get?

We know that he will do time regardless, but are wondering whether to just let him use a public defender or get a lawyer.

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

Public defenders are lawyers, and often very good ones. A private attorney generally will have more time- as you are paying them for their time- and a lower caseload, but a public defender has the advantage of being in the same courtroom every day and knowing how the judge and prosecutor will act.... Read more »

1 Answer | Asked in Criminal Law and Collections for Colorado on
Q: Can I be arrested for not paying restitution quickly?

I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How long does it take for a warrant to be made for an escape from community corrections in colorado
Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

It depends. In most cases, the warrant is issued quickly and you will be charged with the Escape case at around the same time you are in court to be re-sentenced to DOC on the remainder of your time. It does happen that there is a delay and the Escape charge will not show until you are re-paroled... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Reading Colorado law It is legal to carry a fixed blade concealed in Colorado as long as its blade is under 3.5 inches.

Since colorado doesn't have state premption in regards to knives (Other then in motor vehicles) and my local city ordinances don't mention anything that I can find is it safe to assume that the state law of any legal knife under 3.5 inches is ok to carry comcealed?

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

You are mostly correct. Colorado prohibits carrying a concealed weapon, including a knife, under C.R.S 18-12-105. A knife is a blade less than 3.5 inches: C.R.S 18-12-101(1)(f) defines a "knife" as follows: "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: If I get into a fist fight with my girlfriends brother in their parents house, what happens if police get called?
Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

Unless you are acting in self defense (acting reasonably against an imminent threat of injury to you or another) and did not provoke the fight, you could be charged with a wide range of offenses, depending on the severity of any injuries inflicted. A simple shove or push that does not cause pain... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can one, 5 years post conviction, get a felony case dismissed?

I cared for my parents, in their home, for years, without pay. I was convicted of using > $1K and

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

If you were convicted, you cannot get the case dismissed post-conviction. You also cannot seal or expunge a felony conviction for this type of charge. There are a number of ways you could attempt to re-open the case, such as an appeal for ineffective assistance of counsel, but if 5 years have... Read more »

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