The Judge just signed off on a summons for a family that will not return stolen property, which in this case is my service dog. When the police go over to serve this summons, does it now mean the police have jurisdiction to pick up my dog and return him home? He has been deamed "stolen... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2018
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.
Original charges 3 theft charges, possession, burgarly, etc. All were dropped except 1 theft charge obtaining control over stolen vehicle 5k to 20k?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2018
No. Not unless he withdraws from the entire plea bargain
This happened in Colorado I was on felony charges. I did a plea deal. Which still included a felony. I was on probation which didn't work out because I I had to help my parents in NC. 4 years later I get pulled over in Kansas get extradited back to Colorado and wait 17 days on a 20,000 cash... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2018
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.
My service dog was stolen and a report done. Later we found the animal and they ones that had it didn't steal it but they bought it in "good faith" They do not want to give the animal back. The police have been over there and told them they are now in possession of stolen property... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2018
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
My court date is set a month after my 18th birthday. All I had was a couple gs of marijuana and paraphernalia. Also what kind of charges could I get since this is my first offence?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2018
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... View More
A group of people lied to police in order to press charges on my husband for battery.
We have proof they lied.
Can we press charges back on them for defamation or anything else?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2018
While there is no crime called defamation. The police and the DA have the right to charge a misdemeanor crime - false information to authorities.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2018
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2018
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... View More
I do not completely understand the change in this order.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2018
I would like to answer your question but I don't understand it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2018
The short answer is no. A deferred judgement is like a contract approved by the Judge. To modify the contract - such as shorten the term - the DA has to consent. The judge has no power to shorten the term without the consent of the DA.
Sometimes the DA will consent. Depends on the... View More
Several years ago I accepted a deferred judgement in a domestic violence case. I fulfilled all requirements and had my case sealed. I am now applying to return to college and am wondering if I can answer "no" on the application section that asks about criminal charges, misdemeanors, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2018
The short answer is yes. Once a case is sealed under Colorado Law you are legally permitted to state the lie that it never existed. It is a unique and compassionate way of giving you a second chance. HMS
Was sentenced in 1993 discharged my case and was told I was done with the state of Colorado justice department I was a free man and now I'm order to pay restitution again
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2018
The straight answer is “yes”. Restitution is always waiting if ordered and while it may be off the screen for many years - it is a lifetime obligation and cannot be discharged by time or personal bankruptcy. The law is clear. Sorry.
she let me borrow the car when I was down and out I was from Colorado on my way up to Montana and got stranded in Wyoming where she is from I didn't know her very well but she let me come to her house with her and her two kids and let me borrow the car she said as long as I need it I was going... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2018
It is possible the police will go with her story and come after you. My recommendation is to retain a lawyer and get ahead of this before you leave the state. Many will bury their heads in the sand and make th assumption it will all just go away. But her report that you took her are without... View More
A 20yo adult got a 16yo girl pregnant and he is refusing to help her. What actions if any can we take.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2018
Unless the sexual act that led to the pregnancy or other sexual assaults occurred - the answer is no unfortunately. The age of consent in Colorado is 15 unless one of the parties is 10 or more years older than the other.
Hello. I was in situation In which my ex boyfriend tried to suffocate me with a pillow but I was able to get away. He is currently being charged with 3rd degree assault.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2018
The facts you describe could lead to a charge of Attempted Second Degree Murder in Colorado. At a minimum they appear to support a charge of Attempted Second Degree Assault. I believe, at Third Degree Assault - a misdemeanor - the case is undercharged. HMS
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2018
Brian is correct of course. I would only add that as an adult your arrest will land you in adult jail where you will be held on the juvenile warrant.
Also, I can have my records sealed after dismissal of the DV charges, but can you seal a PPO too (obviously not if the order is still in effect currently), or does it stay on your record forever no matter what?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2018
Your question crosses over from criminal to civil law. The answer to the first questions is - yes - if the DV misdemeanor case was completely dismissed - it is sealable. The criminal case restraining order is lifted when the case is dismissed.
The second question regards - I am assuming -... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2017
The case will be filed in Juvenile Court - and most likely - if the injuries were not serious - the juvenile will be offered a diversion program which is a kind of probation that ends with a dismissal of the case following anger management classes etc.
the judge or victims assistance
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2017
You have two options - (1) seek a civil restraining order on your own using Colorado's civil restraining order system. (2) Request the DA - usually through your victim advocate (in the DA's office) to request the DA to file a Motion for a no contact order. Again - this is automatic in... View More
Judgement and reverse the court order? Colorado law please? Possible statutes to look at?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2017
The answer is "it depends." If there is a no contact order that order does NOT bind the victim from trying to contact the Defendant. This is a dangerous situation - if the person on the deferred judgement receives the contact and then responds to it - THEY would bein violation of the no... View More
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.
