The alleged victim almost never testifies at a Preliminary Hearing. The district attorney almost always calls one maybe two witnesses, usually the Detective who filed the case and one of the original responding police officers. The testimony consists primarily of a review of the investigation and...Read more »
The quick answer is no - depending on the case the judge will always give you an opportunity to locate and retain a lawyer or to apply for a public defender (free court appointed lawyer) if you qualify. Colorado judges are well known for their compassion and understanding and their patience,...Read more »
This is a question that is asked often - NEVER EVER EVER call the Detective back without consulting with a criminal defense lawyer. If the officer reaches you - tell him or her you want a lawyer and will have the lawyer call that officer back after you have had a consultation. Don't even ask...Read more »
I agree - if you intentionally reverse your names with the intent to fool law enforcement and to gain an advantage - e.g. escape a ticket - it could be charged as criminal impersonation. Tough to prove though on the part of the prosecutor so "probably" won't be filed. Other issues...Read more »
The quick answer is yes.. It is my understanding that the DMV is hooked into the state warrant system and will deny driver's licenses and ID cards to individuals with existing warrants. Also, be careful - you could be arrested at the DMV if you personally appear and they learn of the existing...Read more »
I didn’t receive this court order until October 19 but it was ordered on October 08 and I went to the police station and the lady notified me I only had 14 days -and not one more day (which is how it states in the order) from the day it was signed but it was already the 23rd (a day late)
It does not matter. Given the effect of the Pandemic on the Colorado court system - the Judge will have no problem as long as they are done and filed with the court. Don't worry - this is very common. Best
The law in effect at the time of your alleged crime. There may - however - be an argument that if the law changed and is now more lenient - you should fall under the revised law. This issue is very fact-specific. Best H
Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?
I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the...Read more »
Deferred Judgments and Sentence agreements are for exact periods of time. They are like contracts - the length of which all parties must agree. If you are seeking early termination of a DJ and S - the prosecuting attorney and the judge on the case must all agree to the change in the length of the...Read more »
If the question is pursuant to Colorado law - the answer is yes. A 16 year old and a 19 year old can have consensual sex. Trying not to be an old fogie - but having said that - There are many other issues the law does not address - it might be something you want to carefully consider first for...Read more »
In Colorado from my understanding we are not legally required to open the door if the police knock nor do we legally have to speak to them without a warrant. So how can they issue warrants for failing to do so, or at all until they speak with you? Shouldnt theu issue a summons for questioning... Read more »
i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.
If you want the temporary restraining orders to be made permanent you must appear and present your case. If you do not the restraining orders will dissolve. They will be dismissed. There is no alternative. You must present your case and be subject to cross examination. I am sorry.
I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.
None. The right to a speedy trial is not calculated at arrest. It is calculated after a plea of not guilty is entered at the first arraignment. It is six months after the plea of not guilty is entered.
HB19-1263 which just passed in Denver, states a person may vacate their felony if they have less than 4 grams of a substance... well that is the case with me and I completed all the stipulations of the charge but my charge was in Arizona not Colorado. Can I move the case so that I can vacate it?... Read more »
I am sorry to say that this is not legally possible. Colorado and Arizona are completely different states - "sovereigns" and Colorado law cannot be applied to Arizona convictions and vice versa. If this was a Colorado conviction and the case was transferred for probation supervision as...Read more »
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