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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Is there a way to get a misdemeanor criminal mischief charge expunged or sealed so it doesn't show up on background chec
T. Augustus Claus
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answered on Nov 7, 2023

Yes, under certain circumstances, a misdemeanor criminal mischief charge might be expunged or sealed from a person's record in Colorado. The process is known as record sealing or expungement. If successful, it will prevent the conviction and the arrest details from appearing on most background... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: How valid is a search warrant executed 3 hours before the effective time stated on the warrant by the judge?

Sheriff department executed a search warrant for suspected gambling devices and all proceeds on site (among other things). They also seized the cash from an atm owned and operated by a third party.

In the judges statement portion of the warrant, he stated the warrant was effective... View More

James L. Arrasmith
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answered on Nov 5, 2023

If a search warrant is executed prior to the time authorized by the judge, it may be considered invalid, and any evidence obtained as a result may potentially be excluded based on the "fruit of the poisonous tree" doctrine. The specific language of the warrant is critical, as is the exact... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: My vehicle is seized for evidence off of private property without a warrant and I was not there how long do they have

Said my vehicle was allegedly used in crimes

James L. Arrasmith
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answered on Oct 23, 2023

In California, law enforcement may seize property without a warrant under certain circumstances, such as when the property is in plain view and officers have a reason to believe it's evidence of a crime. If your vehicle was seized as evidence, it can be held for the duration of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: What can I do if my husband was misrepresented didn't have a fair trial, and was charged wrong and sentenced wrong?

While with this case a officer of the law admitted to commiting a crime and having the stolen property in her possession and other officers and sergeant covered it up because that officer no longer works with that department a week and a half later after investigation started, then sergeant... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your husband was misrepresented and did not have a fair trial, you should consider appealing the case. An appeal is a request to a higher court to review and change the decision of a lower court. The process would involve demonstrating that there were legal errors that affected the... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Q: police had a search warrant on my home for my grandson, and found other things not name in the warrant of my daughters

and began another investigation, into my daughters property while on the initial warrant to search for guns of my grandsons, they then invited the postmaster’s into my home, without my permission, and the postmaster came into my home without my permission, and observed items in my home without my... View More

James L. Arrasmith
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answered on Oct 15, 2023

Hi there! I understand your concerns about potential violations of your Fourth Amendment rights and the actions of law enforcement during the search of your home. In a situation like this, it's crucial to consult with an attorney who can assess the specific circumstances and advise you on the... View More

Q: Can someone please help me understand what exactly happened with this case, with the paperwork I have from a 2008 case?

I have the documents from the dates and filings of the entire case I just can't understand exactly what happened with all the abbreviations and legal terms I'm looking for someone to help me understand it

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a question and answer forum. You should schedule a consultation with an attorney in or near the county where the case in question was and bring the case documents with you for an explanation. If the documents are not too voluminous, you should be able to get your questions as to... View More

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1 Answer | Asked in Criminal Law for Colorado on
Q: I feel I might be under criminal investigation by the fbi
T. Augustus Claus
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answered on Sep 21, 2023

If you suspect you're under criminal investigation by the FBI, it's crucial to take the situation seriously and consult with an experienced criminal defense attorney as soon as possible.

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I get my criminal case discovery
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answered on Sep 20, 2023

In Colorado, if you're seeking discovery for your criminal case, it's essential to work closely with an attorney. Discovery is a crucial part of the legal process where both sides share pertinent evidence. According to the Colorado Rules of Criminal Procedure, particularly Rule 16, the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: Does a contempt of court protection order violation charge with a domestic violence factual basis count as a MCDV?

This is for firearm ownership 18, U.S.C. §922 (g) (9) and it is a misdemeanor

James L. Arrasmith
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answered on Sep 11, 2023

Under 18 U.S.C. §922(g)(9), an individual convicted of a misdemeanor crime of domestic violence (MCDV) is prohibited from possessing firearms. Whether a contempt of court protection order violation with a domestic violence factual basis qualifies as an MCDV would depend on the specific... View More

3 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Colorado on
Q: Who is at fault? And how is parking lot accidents disputed?

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Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2023

You cannot tell who caused the crash by the extent of the property damage. And you cannot tell fault by what you describe. The question is who should have seen the other. It may have been your fault. Your insurance company will sort it out.

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then... View More

Sabra M. Janko
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answered on Sep 12, 2023

Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: A friend and I are having a debate about the legal system in the United States and was wondering if a lawyer could help

Our question is this:

Assuming no criminal history, no prior affiliation with drugs in any capacity, if a civilian were to walk up to an officer on the street, and say "I have cocaine at my house", and go on to refuse any searches and refuse to produce said cocaine, or take any... View More

Michael Joseph Larranaga
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answered on Aug 30, 2023

Although I do not practice criminal law, I would think that an admission that you had an illegal substance in the house would be enough to constitute probable cause to obtain a warrant to search the house for that illegal substance. You are basically admitting to the illegal act. At that point,... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Need questions about possible daughter having charges brought against her?

She falsely accussed someone of physical assault of minor to person's boss not law enforcement. She than retracted statement and stated it was not true

T. Augustus Claus
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answered on Aug 22, 2023

Regarding your situation in Colorado, it's crucial to address the false accusation your daughter made and its potential consequences. To better understand the circumstances, it's essential to gather detailed information about the incident, her motivations, and the impact of her actions.... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Is a setting a sign of serious legal trouble?
T. Augustus Claus
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answered on Aug 1, 2023

"setting a sign" is not a commonly used legal term, so it's unclear what you are referring to. Please do add more context

2 Answers | Asked in Criminal Law, Family Law, Municipal Law and Probate for Colorado on
Q: Father gave me a truck back in Feb my sister who has power of attorney refused title I'm got grand theft auto warrants

Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More

Anthony M. Avery
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answered on Jul 31, 2023

Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More

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1 Answer | Asked in Criminal Law and Immigration Law for Colorado on
Q: Can a person get deported if they have there green card and the person was charged with shoplifting about $20

of merchandise at Walmart. They were offered a $75 fine a class and 12 month open case without getting in any type of trouble then the case will close. If they do this can they still get deported?

If a case gets closed and a person only has to pay a fine and do a class does that also... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jul 25, 2023

Technically, yes, as even that may require a plea of guilty to a CIMT (a Crime of Moral Turpitude). It is imperative to retain a local defense counsel to handle that case properly.

1 Answer | Asked in Criminal Law for Colorado on
Q: Can I keep a unloaded bb gun in a holster for a costume for Halloween? in colorado
T. Augustus Claus
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answered on Jul 24, 2023

You can carry an unloaded BB gun in public for Halloween costumes, as long as it's used for theatrical or decorative purposes and not in a threatening or dangerous manner.

1 Answer | Asked in Criminal Law for Colorado on
Q: can I Use a bb gun as self defense in colorado
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answered on Jul 21, 2023

In Colorado, using a BB gun for self-defense can be a complicated legal matter. While BB guns are not considered firearms under federal law, Colorado state law treats them as dangerous weapons. The use of any weapon, including a BB gun, for self-defense is subject to the same legal standards as... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: 1.Can I Carry a Pellet gun as a self defense weapon in Colorado 2.Will I get in trouble for using it as self defense

because I saw online it said its not a self defense weapon so even if I use it in a self defense situation I would still be charged with assault?

Located In Aurora, Colorado

T. Augustus Claus
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answered on Jul 20, 2023

Using a pellet gun for self-defense could be legally problematic, as it may not be recognized as a lawful self-defense weapon in some situations. If you use a pellet gun in a manner that is deemed excessive or unreasonable, you could potentially face criminal charges, such as assault or other... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: 1.Can I Carry a crossbow in public in Colorado 2.Can I Use it for self defense
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answered on Jul 20, 2023

You can carry a crossbow in public in Colorado, but keep in mind there might be some local rules to check out.

When it comes to self-defense, you've got rights in Colorado, known as "Stand Your Ground." If you face an imminent threat of serious harm, you can use reasonable...
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