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At the end of 2020 I was detained in relation to a multi-count indictment because i had a hotel room with my friend who was one of the indicted. The task force had search warrant for my car and the hotel room, and kept $1000 and my phones. Overall they wound up, they say, with enough weight to... View More
answered on Jul 28, 2022
The statute of limitations for a drug felony in Colorado is 3 years, meaning the DA has 3 years from the time of the offense to when they must file charges or the court loses jurisdiction. Note that this is filing charges, not the time for the case to be resolved. This can be tolled up to 5 years... View More
I was arrested for motor vehicle left/agg 1 under $ in 2002. I would like to get my record sealed but they say you can’t seal Felony 3 sealed. I’m not sure of the level. Also poss CONTROLLED SUBST-POSSESS SCH 2-1G .from 2005 this charge is the last on my record the others are misdemeanors... View More
answered on Jul 28, 2022
There have been a lot of recent and favorable changes in Colorado's sealing laws. The best way to determine if you're eligible to seal a conviction would be to research attorneys who handle sealing and call for a consultation. Having a copy of your record or other court documents with the... View More
My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon
answered on Jul 28, 2022
What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
Person I know is getting tried for 2nd degree burglary when the land was unoccupied.
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... View More
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... View More
Attemted groping no contact happened
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... View More
The dui was 2 years ago. I have finished everything up 27 hours of community service. How can I fix this
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... View More
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... View More
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... View More
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
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... View More
We know that he will do time regardless, but are wondering whether to just let him use a public defender or get a lawyer.
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.... View More
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?
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... View More
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... View More
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?
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... View More
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... View More
I cared for my parents, in their home, for years, without pay. I was convicted of using > $1K and <$20K of their money. I was given no credit for paying for their groceries or working without pay.
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... View More
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