The answer to this question requires A LOT more information. Some of the questions I would need answered are the following: Does person A live with person B or did the person A trespass into person B's home to get the gun and clips? What is the nature of the relationship between person A...Read more »
I agree with Mr. Smith's answer below. However, one thing I would add is that the case law on Eluding does not make Mr. Smith's answer the end of the conversation. In certain prior cases, the appellate courts conclude that it could be inferred someone knew or should have known they were...Read more »
And no investigation of me by any phone calls or interviews or contact. Warrant took 8 days to be put through since incident. Tried and couldn't find out if under investigation during that 8 days. How can this be done with no evidence just her lies? This is ruining my life. She is also not a... Read more »
Unfortunately, this happens a lot. Especially if the accuser is in an intimate relationship with the accused person and the allegations involve domestic violence. A case like this, with a significant lack of evidence, is very defensible. Consult with an attorney ASAP to assess your best options.
If you have a pending violation of probation and have hired a lawyer to represent you on the alleged violation, you are still required to continue reporting to probation - that obligation doesn't change. The fact that you have a lawyer on your probation matters does not then automatically...Read more »
Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and... Read more »
This sounds like a terrible scenario that you experienced. So sorry you lived through that.
If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount...Read more »
I also did all types of roadside tests . Cops kept saying they smelled alcohol . I was 100% not under influence . The Dwai charge was dismissed . But the revocation of license still says alcohol related .
Anyone whose license is revoked as a result of a DUI investigation may petition to contest their revocation. However, in order to do so, you typically have to request a hearing in writing within 7 days of the revocation (i.e., within a week of your arrest) - unless you can otherwise show good...Read more »
The answer, unfortunately, is yes. In any case where there is an allegation of domestic violence (and certainly in cases involving physical violence, like with criminal mischief), the mere report of a criminal DV incident is going to result in charges. Because the case will be considered DV, the...Read more »
is there a such thing as a no contact order that stipulates there can be contact from the restrained party with the protected party. And if so would it be valid? issued in a civil action, not a criminal one.
There are certainly scenarios where a protection order can be modified by the Court to allow limited forms of contact. Often times, these special amendments are reserved for scenarios where the parties have kids and need to communicate for custody sharing, etc.
(1) It is not necessarily illegal to possess a weapon when on probation, especially when the probation is for a nonviolent misdemeanor. However, if there were any specific agreements for your specific probation that prohibit firearm possession, then that is...Read more »
I used to be a convicted felon in NJ but I have since gotten my record expunged. I was convicted for felony drug distribution. I have never been convicted of any violent crimes. If my record is expunged in NJ can I legally own a gun in Colorado?
A NJ lawyer will have to advise on whether, under NJ law, expungement of a felony conviction amounts to a restoration of your civil rights. If the answer is yes under NJ law, then I believe you should be perfectly fine in CO. But often times the question of a clear felony record does not...Read more »
I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... Read more »
I have done several DMV hearings on DUI/license issues. It is hard to tell whether you have an appeal-able defense. Perhaps this would have been a good defense before a decision was rendered, but appeals are complicated and are often a complicated procedural monster. You will need to consult...Read more »
A victim does not have to physically appear at the Preliminary Hearing stage. At this stage, the Court is merely screening for probable cause and the higher courts have systematically held that, for this reason, hearsay is admissible. That means both that the written statement is admissible and...Read more »
It is never illegal for a judge to "recommend" anything, let alone when they are recommending that you preserve your right to counsel under the 6th Amendment by suggesting a PD if/when you cannot afford a private lawyer otherwise. PDs are assigned to specific courtrooms and whichever is...Read more »
A grand jury indictment is not fundamentally required, and the question of whether a PH occurs or not depends on the charges, custody status of the defendant and any potential delays that amount to a waiver of the right. An appeal on these issues may not be likely but you certainly should consult...Read more »
Assault in the second degree class 6 felony.accussed of trying to strangle my girlfriend while driving down road.i was in work truck.50 foot truck and trailer loaded 106,000 thousand pounds.before court asked if im willing to take her back to idaho where we live.then once we get there start the no... Read more »
To be perfectly honest, this question is a bit hard to follow. I read the question as - "Is a public defender allowed to advise their client that they may transport a domestic violence victim outside the state?"
Assuming this is your question, I would respond in a few ways:...Read more »
The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of...Read more »
To be perfectly honest, I'm not sure any attorney on here can sufficiently answer what plea (if any) you should take. That's one of the most important advisements an attorney can provide a client, and you should only be discussing this with your lawyer. If you don't have a lawyer,...Read more »
Criminal Impersonation is defined under CRS 18-5-113. Absent aggravating circumstances or other enhancements, this is usually a class 6 felony punishable by a potential prison range between 12-18 months. That is not to say prison is going to be what the DA seeks on a case of Impersonation, but is...Read more »
I’ve had a problem with my roommates who are married. They keep fighting at extremely high volume, and get physical with each other. I’ve physically seen the man on top of her holding her down, appearing to be choking her. They have been hitting each other. Breaking things. All within direct... Read more »
If they live in your home, there is a workable argument to make that your roommates essentially assume the risk that you would see, record and report any of their misconduct. This could be likened to laws that note that, generally speaking, someone can wear a wire while police are recording and...Read more »
Mr. Lux is correct. A violation of subsection (b) of CRS 42-3-121 is a class 2 misdemeanor. While jail is rarely asked for on misdemeanors of this lesser degree, it is certainly possible, as Mr. Lux noted on the potential jail range. To truly minimize your risks and to assess how strong your...Read more »
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