Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to damage or destroy your own property, or to damage or destroy the property of another without that person's consent.

Technically, what... View More

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... View More

In a Rule 11 advisement form (i.e., plea agreement contact), one of several paragraphs that a defendant has to initial is an acknowledgement that the judge does not have to accept the plea agreement if they find that it's not appropriate or illegal. If someone can be subjected to aggravated... View More

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... View 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... View 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... View 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... View More

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... View 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... View More

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.

This is an interesting question.

(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... View More

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... View 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... View 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... View 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... View 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... View 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:... View More

The answer to your question, in short, is YES.

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... View 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,... View More