Get free answers to your legal questions from lawyers in your area.
I am seeking assistance in writing a motion to dismiss a criminal mischief charge against me in a situation where I am accused without sufficient evidence. The only evidence is a call I made to the police about a vehicle parking in my assigned space. I have photographic evidence showing that the... View More 
answered on Mar 7, 2025
Filing an effective motion to dismiss requires understanding specific legal grounds and proper formatting. For criminal mischief charges in Colorado, you would typically need to demonstrate that the prosecution lacks probable cause or sufficient evidence to meet the elements of the offense.... View More
For example, if the police asked small talk questions to me and I answer them and then they ask a crime related question like “Were you with [X person] tonight?”, can the fact I invoked after that specific question be used against me? Does this depend on wether I’m in a voluntary discussion... View More
answered on Mar 7, 2025
Generally, the mere fact that you invoked Miranda rights after a specific question cannot be used against you in court as evidence of guilt.
The analysis definitely depends heavily on whether you were in custody when questioned. Miranda only applies during custodial interrogation, and... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
