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Questions Answered by Sean Maye
1 Answer | Asked in Criminal Law for Colorado on
Q: When could I be charged for my house fire under CO recklessness law?

In late July, I had a fire that started from an occult altar, possibly the cat knocking a candle over. It had multiple candles and was near alcohol. I was practicing this at the time but I am not anymore.

I had a fire limited to my condo, and no person got hurt except the cat who might have... View More

Sean Maye
Sean Maye
answered on Jan 24, 2023

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...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... View More

Sean Maye
Sean Maye
answered on Jan 24, 2023

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

1 Answer | Asked in Criminal Law for Colorado on
Q: My judge at court said that I signed an illegal plea and pulled my plea and then charged me on an aggravated level. ??

Can my judge change my charges and is signing an illegal plea grounds for dismissal?

Sean Maye
Sean Maye
answered on Jan 24, 2023

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

1 Answer | Asked in Criminal Law for Colorado on
Q: Person A got into an argument with Person B. Person B pointed a gun at person A.

Person A then went into their apartment unloaded the clips and threw the guns into a field. How much trouble is person A in?

Sean Maye
Sean Maye
answered on Jul 19, 2021

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

2 Answers | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Can a person be charged with “eluding” if the officer never turned on his sirens, lights, or used any other method?
Sean Maye
Sean Maye
answered on Jul 14, 2021

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

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2 Answers | Asked in Criminal Law for Colorado on
Q: I would like to know how it is possible to be charged with felony assault from a compulsive liars "word" no Witness

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... View More

Sean Maye
Sean Maye
answered on Mar 23, 2021

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.

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1 Answer | Asked in Criminal Law for Colorado on
Q: If you are going to court for a probation violation and you hire an attorney, do you still have to talk to your

Probation officer or does your attorney handle that communication as well?

Sean Maye
Sean Maye
answered on Mar 16, 2021

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

1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado on
Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

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... View More

Sean Maye
Sean Maye
answered on Mar 12, 2021

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...
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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I get my liscense revocation modified ; i wasn't under influence, refused a blood test but not the b.a.

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 .

Sean Maye
Sean Maye
answered on Mar 12, 2021

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

1 Answer | Asked in Criminal Law for Colorado on
Q: Can a spouse be charged with criminal mischief if other spouse doesn’t want to press charges?
Sean Maye
Sean Maye
answered on Mar 11, 2021

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

1 Answer | Asked in Criminal Law for Colorado on
Q: is there a such thing as a no contact order that stipulates there can be contact from the restrained party?

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.

Sean Maye
Sean Maye
answered on Mar 8, 2021

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 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: I am on probation here in Fort Collins, Colorado for a 1st time DUI. Can I ???

I purchased a Lower Receiver for an AR - 15 the other evening online for a future project.

Then a friend of mine reminded me that it is Illegal to have a firearm while on Probation here in Colorado.

So my question is: ( since it is not actually a working Firearm)

Can i... View More

Sean Maye
Sean Maye
answered on Mar 8, 2021

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...
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1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I legally own a gun in Colorado if I got my felony record expunged in New Jersey

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?

Sean Maye
Sean Maye
answered on Mar 8, 2021

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

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: Should I appeal my dmv hearing extension on my ignition interlock device

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.... View More

Sean Maye
Sean Maye
answered on Mar 8, 2021

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

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2 Answers | Asked in Domestic Violence for Colorado on
Q: Will only a written statement hold up in the preliminary hearing if the alleged victim doesn't show up?
Sean Maye
Sean Maye
answered on Mar 8, 2021

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

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1 Answer | Asked in Criminal Law for Colorado on
Q: Is it legal for a judge to recommend a public defender?

Criminal Case

Sean Maye
Sean Maye
answered on Mar 4, 2021

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

1 Answer | Asked in Criminal Law for Colorado on
Q: How do I appeal my case if my due process rights were violated and my plea agreement had a appeal waiver

My felony conviction never got a prelim or my charges were not presented to a grand jury for indictment

Sean Maye
Sean Maye
answered on Mar 2, 2021

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

1 Answer | Asked in Domestic Violence for Colorado on
Q: Is it normal for public defender to ask the accused to take the victim back there home state after released

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... View More

Sean Maye
Sean Maye
answered on Feb 12, 2021

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:...
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1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye
answered on Feb 11, 2021

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...
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1 Answer | Asked in Criminal Law for Colorado on
Q: So i was seen on camera at a seen of a crime.never seen actually commiting any burg.. Since i was only a person driving

Does this mean i should take a attempted burg as the charge?cause i was not the person who even commited the crime.what would be the highest m1 charge i could try to ask for?

Sean Maye
Sean Maye
answered on Feb 11, 2021

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

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