Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Colorado Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Colorado on
Q: Can you expunge or hide an X Burglary Felony in Texas that is 25-30 years old if Deferred Adjudication was completed?

My husband has a X Burglary Felony on his record that is 25-30 years old. He did Deferred Adjudication and was one of those that assumed it would just be removed from his record. Is there anything he can do now to get that removed or hidden? Even with how old it is we are still seeing it affect his... View More

0 Answers | Asked in Criminal Law for Colorado on
Q: What are the chances of me going to prison for assault in the 1st degree, menacing with a weapon, and mischief?

The menacing charge is considered a class 3 felony where I’m from. Both the assault and menacing charges were in self defense against a 31 year old man who attacked me first, an 18 year old girl with no prior criminal history. He lied saying I attacked him first. I also sustained more injuries... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
Kimberly Diego pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

0 Answers | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Colorado on
Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?

Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More

0 Answers | Asked in Criminal Law for Colorado on
Q: I was informed by my lawyer that I could not receive prison in this case I go to court tomorrow for sentencing

I was told that I cannot go to prison on this case but he called me yesterday and said that I was denied halfway house that I'm getting sentenced to prison so I fired him and I'm hiring a new lawyer that I'm meeting today tomorrow when I go to sentencing will they put off my... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Do I have to tell my lawyer that I just got a ticket in another county? We are set for traffic trial next month.

This may be a dumb question but I received a speeding ticket and I am extremely worried that it may damage my case.

I am currently fighting a speeding ticket (my most recent. it happened over a year ago). My lawyer recently entered in a not guilty plea so we are set for trial.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

A Colorado attorney could advise best, but your question remains open for a week. Yes, it would be better for your attorney to find out from you, rather than to be confronted with the information in court for the first time. Good luck

1 Answer | Asked in Criminal Law for Colorado on
Q: How do I go about this situation, and keep my phone without going to court?

My mom got charged with assault against me and cannot come anywhere near the home or contact me. My car is in her name even though Ive spent 2k on it, and she also bought my phone for me. She sent officers to my work today and they told me that she wants the phone back (keep in mind im 18, and she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm sorry you're going through this difficult situation. Since you are 18 and your mom bought the phone for you when you were 17, it complicates things slightly. However, if the phone was a gift, you may have a claim to it.

First, gather any evidence that the phone was given to...
View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: Is it legal to alter public records such as booking time and date three months after the fact?

My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action... View More

1 Answer | Asked in Criminal Law and Banking for Colorado on
Q: If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

If the check writer forgot to date the check, it's generally not advisable for you as the recipient to fill in the date yourself. Here's why:

1. Legal issues: Writing in the date yourself could be considered altering the check, which is illegal in many jurisdictions.

2....
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: My husband served 10 yrs bop on a 10 yr sent fir possession of firearm & ammo by a felon and was on supervised release.

He violated his supervised release for hot uas then was arrested and let out to g ok to half way house. He left there without completing and got a state charge for possession of cont subst which he served a separate 1 yr sentence in doc. He now has to go before fed judge again. Will he be released... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In situations like your husband's, the outcome can vary widely depending on several factors. When someone on federal supervised release violates the terms of their release, the federal judge has a range of options. These can include extending the period of supervised release, imposing... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Workers' Compensation for Colorado on
Q: So I have been in a motel for a little over 3months I pay 90 a day so how much is taxes
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

If you've been staying in a motel for a little over three months at a rate of $90 per day, calculating the total amount spent before taxes is the first step. To find this, multiply the daily rate by the number of days you have stayed.

The tax rate applied to your motel stay can vary...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I was sentenced 48 months bop with a 36 month turnoff supervised release on a 941c. Possession of a firearm by a

Prohibited person. My guidelines were 36-42 months. So I got a upper variance. I sever 45 of the 48 months before going to ha halfway house on supervised release. I violated 20 days later and went back for another 3 months. I then was released and violated a 2nd time after 4 1/2 months. I then did... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

In the situation you described, if you violate your supervised release conditions again, even without new charges, you can face additional consequences, including more prison time and/or an extension of your supervised release term.

When you violate supervised release, the court has the...
View More

1 Answer | Asked in Criminal Law for Colorado on
Q: DA know they decided to charge my husband or not but he still sitting in there for $10,000 cash bond can I get surety

So Bryson’s been incarcerated since February 29 and we are waiting on a $10,000 cash bond to the jail. He’s been in a reluctant on getting phone calls every we’ve been getting any information on what’s going on the DA hasn’t decided whether they want to charge him or not, is there anyway... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

Navigating the complexities of the legal system, especially in a situation involving bail and potential charges, can be incredibly challenging and stressful. In Colorado, as in many other states, the decision to grant bail and the type of bail set are typically at the discretion of the court. If... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on
Q: Can a competency hearing be scheduled when a motion hasn't yet been filed? Also,should it be on public docket website?

Docket search is how I found out, my public defender asked for this hearing 8 days ago and it's scheduled for this week, 13 days before commencement of my trial. But when I asked what her concerns were, she told me yesterday she had not filed the motion for it yet, and didn't give a clear... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

In the legal process, it is possible for a competency hearing to be scheduled before a formal motion is filed, especially if the court or your defense attorney anticipates the need for such a hearing. This may occur in instances where concerns about a defendant's ability to understand the... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: What do the charges look like when I scratched a lottery ticket before paying for it.

They are trying to charge me for stealing up to $2,000 in lottery tickets when I paid for every single one. I scratched one before paying for it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

When you scratch a lottery ticket before paying for it, the store may view this action as an intent to steal, since lottery tickets are considered a form of currency and their value is not realized until after purchase. The charges you face could vary based on local laws and the specifics of the... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: My public defender asked for a competency hearing a week before trial. I'm guessing because she's not prepared. Options?

She got upset because I refused to take a deal. I am 100% innocent, which was confirmed when the autopsy was finally given to her and I by my vet. His cause of death was euthanasia by HSPPR. And he had brain cancer that was causing his symptoms they claim I failed to seek vet care. Hearing is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

In this situation, it's important to communicate clearly and calmly with your public defender about the new evidence from the autopsy report that supports your innocence. Explain your position and the significance of this evidence in proving that the allegations against you are unfounded. This... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Warrant for failure to comply, by not completing community service. $1250 bail book/release, should I turn myself in?

I neglected my community service, and now have a warrant for failure to comply. I have been told I could be released immediately from jail if I post my own bail, and then be on the hook for the community service without needing to go back to court. Does this sound legitimate? Since my bail is so... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

Turning yourself in for a warrant due to failure to comply with court-ordered community service in Colorado can be a responsible step towards resolving your legal issues. If you have a bail amount set at $1250 for book and release, it suggests that you can pay the bail and be released without... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Left my firearm in brother in laws car who is over 21 what are the repercussions if he got pulled over?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

If your brother-in-law is pulled over while in possession of your firearm, the repercussions can vary depending on local laws and circumstances. In some jurisdictions, it may be legal for an individual over 21 to possess a firearm belonging to someone else, as long as they are not prohibited from... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Government Contracts for Colorado on
Q: What do u do when a judge is asked 3 times to recuse themselves for strong conflict of interest when your suing the judg

Judge, in a higher court over the same case as the district court , and strong showing of bias, deprivation of constitutional and civil rights in a criminal case in the district court, and a sheer abuse of discretion and power while she’s allowing a malicious prosecution with prosecutorial... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

When facing a situation where a judge has denied motions to recuse themselves despite a perceived conflict of interest, and your rights seem to be compromised, the next step involves escalating the issue within the legal system. You have the option to file an appeal against the judge's... 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.