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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a cop search my phone if I was showing them a post? He did have my phone in his hands but that was to show him..

Cop came to my house due to a firearm report, I do not have any firearms but I did make a post with an airsoft gun. The cop came over, I explained everything and showed him the post but he couldn't see due to the privacy screen. I handed it to show him, and he starts going through my... View More

James L. Arrasmith
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answered on Oct 19, 2024

You have the right to privacy regarding your personal devices. Generally, police need a warrant to search your phone, especially your private photos and data. Without your consent or a valid warrant, accessing your camera roll can be considered a violation of your rights.

However, there are...
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3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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1 Answer | Asked in Criminal Law and Medical Malpractice for Colorado on
Q: Is there a such thing as a probono lawyer?
Tim Akpinar
Tim Akpinar
answered on Oct 14, 2024

A Colorado attorney could answer best, but your question remains open for a month. Yes, there is, but there are other common routes often followed in the categories you chose. The first category (1.) Criminal Law has public defenders, who could be assigned to a defendant by the government in lieu... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Can I move for a new trial?

Bought a car. The seller then reports stolen after the sale.

I had all documents to prove ownership.

The seller had so many inconsistency with there story.

The jury some how found me guilty cause I didn't respond to threatening messages from the seller.

The... View More

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

Please note that this is not my practice area, but time is important so I will toss out my brief analysis.

You may be able to request a new trial, but it's not guaranteed. In Colorado, you can file a motion for a new trial if you believe there were legal errors during your trial, like...
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1 Answer | Asked in Car Accidents and Criminal Law for Colorado on
Q: Issued a careless driving charge for car accident, want to represent my self and reduce charge. How?

Careless driving charge for car accident

Possibly due to seizure (First)

Seizure free for 6 moths

Court doesn't know about seizure yet

I am only one that was injured

Want to represent my self

Want to reduce and come our with clean or expunged record for the future

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Colorado criminal defense attorney should advise here, but your question remains open for almost two weeks. I recommend considering a consult with a criminal defense attorney. It's likely that your question was missed because it was overlooked under the "Car Accidents" category.... View More

2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

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1 Answer | Asked in Criminal Law for Colorado on
Q: is it possible to have 10,000+ of interest removed by the judge i have fully paid off my restitution of 41,454.69

probation says i cant get off probation until the interest is also paid off. its been 12 years.

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

Yes, you can petition the court for a modification of the interest amount. However, it will go a lot further if the PO is in agreement with a waiver of the case. C.R.S. 18-1. 3-202 provides that the court may grant probation upon such terms and conditions as it deems best, indicating the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I have been under illegal surveillance for 19 months. I'm sure it's rural neuro transmitting. His name is Jeff S I belie

I was illegally targeted by an ex girlfriend

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like you're going through a difficult and confusing time. Being under any kind of surveillance without your consent is a serious issue, and it's important to protect your rights and privacy. If you believe that someone is illegally monitoring you, it might be helpful to document... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Could an occupied structure mean a storage unit?
Amedeo Zmarandoiu
Amedeo Zmarandoiu
answered on Aug 20, 2024

The legal definition of an "occupied structure" can vary depending on the specific statute involved, but generally, it refers to a building or space where people are present or where people could reasonably be expected to be present.

A storage unit, by its nature, is typically not...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Colorado on
Q: I need an Experienced litigator that has experience with FCC laws, conspiracy laws, and privacy breaches. As well as

If the FCC handles (enforces) the telecommunications companies to pay people who's privacy they had breached, who holds the FCC accountable for federal conspiracy, and aiding and abetting a convicted Federal felon

James L. Arrasmith
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answered on Aug 31, 2024

To address the complexities of your situation, it's essential to find a litigator with deep knowledge of FCC regulations, privacy laws, and conspiracy statutes. You need someone who has successfully navigated cases involving telecommunications companies and their obligations under privacy... View More

2 Answers | 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
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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.

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1 Answer | Asked in Criminal 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

James L. Arrasmith
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answered on Jul 21, 2024

It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.

You should...
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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
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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...
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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
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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
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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....
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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
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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
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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...
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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
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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...
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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
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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

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