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
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
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
Said my vehicle was allegedly used in crimes
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
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
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
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
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
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
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
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.
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
This is for firearm ownership 18, U.S.C. §922 (g) (9) and it is a misdemeanor
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
.
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.
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
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.
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
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
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
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
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
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
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
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
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.
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.
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
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
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
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... 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.