Mr. H. Michael Steinberg's answer There are no limits on the DA in filing charges as long as their is evidence to support the charge filed. In other words the DA is the charging authority in all cases - especially felony cases.
Mr. H. Michael Steinberg's answer Totally legal. The only time parents can intervene is when the child is under arrest or is in a circumstance that would be considered the equivalent of an arrest. In that case the child -
If questioned - Would have to be advised.of their Miranda rights and waive them or not - with the consent of a parent or or other legal guardian
Mr. H. Michael Steinberg's answer The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/
Mr. H. Michael Steinberg's answer Unfortunately it is not only legal it is very commonly the case. You cannot drink alcohol anywhere. When you accept probation - you accept the conditions of probation. In a DUI case it is within the Judge's discretion to order everything in your post. I wish it were different. Good Luck.
Mr. H. Michael Steinberg's answer I strongly agree with Brian - we are both ex career prosecutors and believe that whenever a person is charged with a felony - they should obtain an attorney. The stakes surrounding a felony conviction are life changing and can be permanent.
Mr. H. Michael Steinberg's answer My experience is the service dog is returned to the original owners much like a stolen car is returned to the rightful owners while the case is being prosecuted and after the theft is well documented for a possible trial at a later time.
Mr. H. Michael Steinberg's answer Based on your fact pattern - no. To be certain you can go to www.cocourts.com to check. The only way to seal a record in Colorado is to have your case completely dismissed. That doesn’t sound like it happened in your case.
Mr. H. Michael Steinberg's answer No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H
Mr. H. Michael Steinberg's answer The DUI and the MIP will be prosecuted in misemdeanor court not juvenile court. Depending on the amount of alcohol alleged to have been in your system the case may be prosecuted under the lower standard for juveniles known familiarly as a “baby DUI” - but that is the exception. Most likely you will be treated like any other driver in Colorado.
Mr. H. Michael Steinberg's answer The next court date. Sometimes a case can be set for a “setting” which means at the next court date it will be set on the court docket for ... say a trial or a motions hearing.
Mr. H. Michael Steinberg's answer It is difficult to understand your question - but here is what I think you are getting at... in Colorado a no contest plea has the same legal effect as a guilty plea. As far as a factual basis - the Judge must find a factual basis for the original crime charged or - if the crime to which the plea is ended is different than the original crime - a "waiver" of a factual basis.
So the short answer to your question is this - yes the Judge must find that a crime was committed. H
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.