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?... View More
answered on May 5, 2019
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... View More
answered on May 4, 2019
The simple answer is yes. There is no law in Colorado to prevent this situation.
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... View More
answered on Apr 27, 2019
In a word. - yes. If your son required medical attention (that would be the issue) he could be liable for the bill. It would depend on the facts of the case. H
answered on Apr 25, 2019
In a word yes. They are not government. If they suspect you may have shoplifted it accidentally did not pay for an item they have right to make you prove the item was legally purchased.
Thus charging me with a 4th for a present DUI in CO. & a felony? If this isn't legal do I have recourse to this injustice, after taking a plea bargain?
answered on Apr 6, 2019
If the person convicted has ANY DUI convictions over their lifetime in any state - the judge is required under Colorado law to sentence that person under enhanced sentencing guidelines.
It is not a matter of choice for the judge - it is mandatory.
answered on Feb 2, 2019
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... View More
How is the court notified that a person is to appear on their docket?
answered on Jan 27, 2019
The officer files the ticket with the court and the DAs office. The DA also receives the complete set of police reports.
My lawyer said that my rights are restored in Kansas. Why would they not be restored in Colorado? I'm very confused
answered on Jan 24, 2019
Not sure why this is. As I understand expungement - Colorado should give "full faith and credit" to the decision to expunge the record in Kansas. There may be some facts your not providing.
Rec- ask CBI why they require the pardon. Also note Colorado governor cannot pardon a... View More
How do I get rid of the warrant?
answered on Jan 21, 2019
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.
answered on Jan 13, 2019
You have two choices. Represent yourself and present your evidence to the DA which is sometimes risky.
Or retain a lawyer to do the same. Less risky but obviously more expensive.
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?
answered on Jan 12, 2019
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.
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... View More
answered on Jan 12, 2019
I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.
Thank you. Student was asked to write a statement by admin, then SRO read him his rights without parents there. Student was ticketed for the fight 2 weeks later, at his home.
answered on Dec 27, 2018
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... View More
my boyfriend had a misdemeanor warrant for faliure to appear but after his court date this morning it changed to a municipal statue warrant
answered on Dec 27, 2018
There are three criminal jurisdictions in Colorado. Federal - state and local also known as municipal Court. Nearly every city has its own criminal laws called codes.
In your case it appears as if the case was originally filed in the wrong court. The new court is called a muni court and it... View More
I'm trying to figure out what charge or crime was made I have the case number just didn't know how to look that up on the meaning of the docket case number
answered on Dec 23, 2018
You can go to www.cocourts.com and look up your name.
answered on Oct 26, 2018
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... View More
answered on Oct 26, 2018
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.
He had money on him from work and it was given back to him. It was tough parenting on our part. We flew him back to Texas 2 days after which then cause a failure to appear. Today we took care of the warrant through a bail bond and he has a Pre trial in 10 days
answered on Oct 19, 2018
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.
If I have a felony warrant out of washington state but now live in Colorado state and the police run my name will I be arrested and if so will washington come
get me
answered on Oct 10, 2018
Yes. If you are contacted in Colorado you will most likely be arrested on a no bond hold and then extradited back to Oregon. Wish it were not so. H
I have a misdemeanor resisting arrest charge on my record from 2011 and want to apply for a state job at division of youth services.
answered on Oct 8, 2018
It is not considered a crime of violence under Colorado law.
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.