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 an example...Read more »
Grandson arrested. Refused all tests. Police noted that he refused breath and blood test. He was taken to jail and the jail called the ambulance to take to hospital for test he had already refused. He refused again at hospital and cop drove him back to jail. Got bill for ambulance ride. Did not pay... Read more »
A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when...Read more »
This is a common mistake of law. Simply put - once a warrant issues - the statute of limitations is stopped and cannot run. The law calls this a "tolling" of the statute. Therefore the warrant ramains in force and the case must be defended.
A detective came to me and said he had a court order for a dna mouth swab it says that the state has reason to believe that the crime of powpo was committed by me 18-12-108 that was it so i was wondering if that was all they were charging me with our could there be more?
His sentence was vacated becouse of something his attorney did wrong but we did not know what to do at that point cuz he fired her an she was unwilling to help she dident answer calls he never wanted to take a deal but he was in jail almost 3 years fighting the case had 2 attorneys drop his case an... Read more »
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/
There are no priors. I had the book thrown at me 85 hours community service Interlock system 2 years, 24 hours at education glasses, 52 hours therapy classes, MADD panel, random uas etc etc all because I refused the chemical test at the time of arrest. It seems like a violation of my personal... Read more »
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.
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