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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: A warrant for a cell phone is the warrant supposed to state exactly what is being searched for what about Facebook?

Is a person supposed to be named in a social media or cell phone search

Jason R Wareham
Jason R Wareham
answered on Jan 29, 2023

In general, a warrant should reasonably describe the location to be searched. When it comes to online material, a lot of identifiers can reasonably describe the location (e.g., account name, account link, profile like, cell number, username, etc.). Not necessarily a name.

1 Answer | Asked in Criminal Law for Colorado on
Q: When could I be charged for my house fire under CO recklessness law?

In late July, I had a fire that started from an occult altar, possibly the cat knocking a candle over. It had multiple candles and was near alcohol. I was practicing this at the time but I am not anymore.

I had a fire limited to my condo, and no person got hurt except the cat who might have... Read more »

Sean Maye
Sean Maye
answered on Jan 24, 2023

Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to damage or destroy your own property, or to damage or destroy the property of another without that person's consent.

Technically, what...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... Read more »

Sean Maye
Sean Maye
answered on Jan 24, 2023

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My judge at court said that I signed an illegal plea and pulled my plea and then charged me on an aggravated level. ??

Can my judge change my charges and is signing an illegal plea grounds for dismissal?

Sean Maye
Sean Maye
answered on Jan 24, 2023

In a Rule 11 advisement form (i.e., plea agreement contact), one of several paragraphs that a defendant has to initial is an acknowledgement that the judge does not have to accept the plea agreement if they find that it's not appropriate or illegal. If someone can be subjected to aggravated... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: if I entered into a plea agreement and the DA who made the plea agreement died, should my case get reconsidered?

I entered into a plea agreement under duress and before I was sentenced, the DA shot himself, and I also changed lawyers. The Judge proceeded, and the DA stand-in grandstanded me. This in turn rendered a sentence outside of the presumptive sentencing range of the alleged charges.

Douglas T. Cohen
Douglas T. Cohen
answered on Jan 3, 2023

The short answer is no. The main issue is whether you entered your plea knowingly and voluntarily, which paperwork you signed and the actual court record will indicate.

Sometimes pleas can be withdrawn if exculpatory evidence (evidence that is of benefit to the defense) was withheld from...
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1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Can I get in trouble for having my child around a family member who is on the sex offender registry

This person is my brother-in-law. Just out of prison for his offense. I don't believe my daughter is in any danger but I am curious if I can get in trouble if he shows up to family dinner while we are there.

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

My first thought is that your brother-in-law is possibly taking a huge risk to be around any child if he's just out for his offense. He should review all of the restrictions he is under and make sure he's not putting himself at risk. If he is restricted from being around children, he... Read more »

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Personal Injury for Colorado on
Q: I have a serious case of elder abuse, robbery, theft, financial exploitation. Plus inheritance stolen...??.... Contingen

What do I do? No one seems to want to help me. Will was redone misspelling my father's name. This was done 3 months before he died at 82 with a brain tumor 3 other forms of cancer with radiation treatments. Found out there was a reverse mortgage put on the house for $1,140,600. On October 20,... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

You need to call an attorney to protect your rights. Attorneys in Burg Simpson’s commercial litigation department may be able to help. Additionally, attorneys who litigate probate cases involving estate planning/wills/trusts may be able to help. Bottom line: you should call an attorney.... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I’m I in violation of a protection order if I did a welfare check on my wife?

So I have a protection order against my wife. The school called and said my wife has not showed up to pick my kids up and it has been 30 minutes and then I called 911 to do a welfare check on her.

William Beck
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William Beck
answered on Nov 9, 2022

Generally speaking, contacting the police is not a crime. However, it would be best to be extremely cautious if you are dealing with someone who has a protection order against you, as any contact could lead to charges being filed against you. The best intentioned action rarely gets a free pass on... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: If I've been convinced of class 5 felony eluding and a misdemeanor 3+ dui, is there a mandatory minimum in Colorado?
William Beck
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William Beck
answered on Nov 9, 2022

There is no mandatory minimum for a class 5 felony eluding charge, but there is a mandatory minimum for a DUI with prior offenses. If you have two or more prior DUI convictions, you will do a minimum of 60 days in the county jail; though many jurisdictions within Colorado require significantly more... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Colorado on
Q: Do I need a criminal defense lawyer to fight an unmarked state trooper's conducts against my 17 yrs old {d} for traffic

Daughter was recently pulled over by an unmarked state trooper for what the trooper thought was ignoring a stop sign when in fact there is a incoming traffic does not stop sign is posted where he thought she almost came too close to another car when she legally had the right of way. He had no... Read more »

William Beck
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William Beck
answered on Nov 8, 2022

Having a knowledgable criminal defense attorney is always helpful, because "you don't know what you don't know". From what you have shared, it seems like there are some good defenses that could be used to help your child avoid a conviction for DUI.

1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: Can officers impound car and take things they didn't give a reciept for?

The itemization was done and no where on it is the things officer took. No discription or even that they took it.

John Gregory Scott
John Gregory Scott PRO label
answered on Oct 5, 2022

If a vehicle is impounded, there should be an inventory conducted prior to impound. The owner should receive a receipt for any items removed from the vehicle. If a vehicle is searched pursuant to a warrant or some other lawful search, items removed from the vehicle may be listed either on the... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Do I have a case for self-defense?

I was recently involved in an altercation with a past friend. We were at his house and I was asleep on the couch when he, obviously intoxicated, began yelling at me to get up and began to ask me questions about a person and matter I didn’t have a clue about. As I get up he headbutts me in the... Read more »

John Gregory Scott
John Gregory Scott PRO label
answered on Oct 5, 2022

Based upon the factual scenario you have described it sounds like self-defense is a viable argument. Self-defense is an affirmative defense and must be raised prior to trial. There must be some evidence presented at trial relating to the defense or else the judge will not provide the instruction to... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: If my wife and I buy a quarter ounce and split it=3.75 grams each,but she gets caught with the quarter ounce

We usually had to buy it in quarters it's cheaper. She got caught with it before I split it. How can I take the charge for her knowing I handed it too her before splitting it?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 19, 2022

I highly suggest that you stop posting on any websites and go talk to an attorney. You are posting to an open forum and that could be a real problem down the road.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not...
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1 Answer | Asked in Criminal Law, Identity Theft and Internet Law for Colorado on
Q: So I foolishly got in contact with a hacker and they have all of my info. They also blackmailed me. What should I do?
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

in this case you should definitely first contact the local police and provide them more case details. They should advice you accordingly.

I wish you a good luck with this situation and I hope they will help you.

1 Answer | Asked in Criminal Law for Colorado on
Q: How long does Colorado jeffco drug task force have to file charges after I was detained around Christmas 2020?

At the end of 2020 I was detained in relation to a multi-count indictment because i had a hotel room with my friend who was one of the indicted. The task force had search warrant for my car and the hotel room, and kept $1000 and my phones. Overall they wound up, they say, with enough weight to... Read more »

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

The statute of limitations for a drug felony in Colorado is 3 years, meaning the DA has 3 years from the time of the offense to when they must file charges or the court loses jurisdiction. Note that this is filing charges, not the time for the case to be resolved. This can be tolled up to 5 years... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Does a felony level matter based level on when you received it? How much to seal records?

I was arrested for motor vehicle left/agg 1 under $ in 2002. I would like to get my record sealed but they say you can’t seal Felony 3 sealed. I’m not sure of the level. Also poss CONTROLLED SUBST-POSSESS SCH 2-1G .from 2005 this charge is the last on my record the others are misdemeanors... Read more »

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

There have been a lot of recent and favorable changes in Colorado's sealing laws. The best way to determine if you're eligible to seal a conviction would be to research attorneys who handle sealing and call for a consultation. Having a copy of your record or other court documents with the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What does it mean when they transfer my criminal mischief case to county court

My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in Criminal Law for Colorado on
Q: if you represent yourself at your first court appearance is the district attorney obligated to discuss directly to you
Richard B. Huttner
PREMIUM
Richard B. Huttner
answered on Jun 4, 2022

If you do not intend on hiring an attorney, the district attorney may discuss the matter with you. If you let the district know that you are hiring an attorney, the district attorney ethically should not speak with you regarding the matter.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

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