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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Colorado on
Q: Should I serve 5-6 years for speeding and drinking on probation at 19?

If I'm on probation and I get pulled over for drinking and driving while speeding in a residential area at the age of 19 do I have to go to prision for 5-6 years? Will I get parole and what are the chances of getting out early? And my passenger who is 19 as well have to go to Prision for 3-4 years?

James L. Arrasmith
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answered on Jan 6, 2025

Facing charges for speeding and drinking while on probation is serious and can lead to significant consequences. Serving 5-6 years in prison is a possibility, but the exact sentence depends on the laws in your state, the details of your case, and your previous record.

Parole might be...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Colorado on
Q: I was entrapped by an alleged Lyft driver on 02/13/2024. She assaulted me and I got terrified and traumatized.

I need a pro bono criminal defense attorney. Will file in federal court. Someone please help me? I'm a disabled senior.

James L. Arrasmith
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answered on Jan 5, 2025

I'm truly sorry you've gone through this experience. Reaching out for help is a strong first step.

You can contact local legal aid organizations that offer free services to seniors and disabled individuals. Organizations like Legal Aid Society or your state's Bar Association...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Municipal Law for Colorado on
Q: This Thursday is the plea hearing of my offender. I don't agree with what they're offering. Do I have any say?

This is related to a DV case with my ex who is also the father of my children. It has been a long process and he has up the hearing on Thursday. Since our incident he has continued to pick up other cases and I don't feel that they are taking it seriously. I have expressed my concerns and to... View More

James L. Arrasmith
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answered on Jan 5, 2025

You absolutely have a voice in the plea hearing. You can express your concerns to the judge, either directly during the hearing or through your attorney. Make sure to clearly communicate how the situation affects you and your children.

If you feel that the current offer doesn't address...
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1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can cops claim one thing as probable cause (bombs) to search vehicle and change it to paraphernalia in plain view after
James L. Arrasmith
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answered on Jan 5, 2025

If you're facing a situation where police initially claim probable cause to search your vehicle for bombs and then identify paraphernalia in plain view, it's important to understand your rights. Probable cause must be based on specific facts that would lead a reasonable person to believe... View More

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can cops probable cause (bombs) to search your vehicle and change it (paraphernalia in plain view) after they search it
James L. Arrasmith
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answered on Jan 5, 2025

If police observe items like bombs or paraphernalia in plain view within your vehicle, they may have probable cause to conduct a search. Probable cause exists when officers have reasonable grounds to believe that a crime has been committed or that evidence of a crime is present. Seeing suspicious... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: when a check from the sale of cattle in a sale barn is deverted from the owners address to another, what is the penatly?

what is the range of jail time and fines?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 4, 2024

Your question is missing important facts, so an answer may not be possible. Some questions, the answers to which may help someone answer your questions. Do you mean diverted? How diverted? Was it just sent to the wrong address or was a different name on the check? How did the different address (or... View More

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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