Colorado Criminal Law Questions & Answers

Q: my friend's wife died and a young man that grew up with them hired an attorney and claimed to be adopted by his wife!

1 Answer | Asked in Criminal Law and Probate for Colorado on
Answered on Mar 24, 2019
Brian K. McHugh's answer
It could be fraud, but it would depend on what, if anything, he did in the false capacity as the son of the deceased. It could also be Criminal Impersonation, again depending on the facts.

As to whether it is provable, it would depend on what evidence was uncovered during the investigation into the matter.

Q: Is there jail time for 2nd degree burglary with a previous misdemeanor

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 18, 2019
John Kenneth Joyner's answer
Second degree burglary can be a class 3 or 4 felony. If you are charged with a class 4 felony, the possible time in the Department of Corrections is 2-6 years. If you are charged with a class 3 felony, the possible Department of Corrections time is 4-12 years.

Q: I have been summoned to court for a theft ticket in Colorado. Can they use my prior felony theft convictions against me

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 4, 2019
Courtney Edwards' answer
Yes and no. The prosecution can use your felony theft conviction at trial to discredit your statements to police or your testimony if you choose to testify. They can also use your prior convictions as aggravating factors when it comes to sentencing to support a harsher sentence. If the current theft charge you are accused of is similar in method or scheme, they could use your prior theft cases to prove it was you who committed theft again this time. The prosecution is not allowed, however,...

Q: if you are issued a a 12-35.5-155 citation what penalty does this carry

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 28, 2019
Courtney Edwards' answer
I think you have an incorrect statute number. Article 35.5 of Title 12 only goes up to Section 120.

If you meant a violation of 12-35.5-115, a first offense is a Class 2 misdemeanor which can include a fine of $250 - $1000, and/or a jail sentence of 3 months - 12 months. A second or subsequent offense is a Class 1 misdemeanor which can include a fine of $500 - $5000 and/or a jail sentence of 6 months to 18 months.

Q: I was told I need a criminal lawyer for my case that involves a immigration criminal charge or charges is this correct

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Colorado on
Answered on Feb 24, 2019
Kelli Y Allen's answer
You need a criminal defense attorney to handle the criminal charge. You will need an immigration attorney to represent you in removal proceedings if you are referred to immigration court. Your criminal defense attorney should consult with the immigration attorney to discuss immigration consequences of certain criminal convictions.

Q: what is the repercussion of a hot UA for your first pretrial UA in Colorado? thanks

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 21, 2019
Brian K. McHugh's answer
The pre-trial release staff may or may not report the hot U/A to the Court. If they don't, they will likely modify your supervision terms, for example, increasing the frequency of U/A's you are required to provide. If they do report it to the Court, the Judge could do anything from simply warning you of the consequences of another hot U/A up to revoking your bond.

Q: Can a judge make the decision to set my case for trial

1 Answer | Asked in Criminal Law and Construction Law for Colorado on
Answered on Feb 20, 2019
Courtney Edwards' answer
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.

Q: Does it make a difference if the summons of the felony has listed next to the violation that the 18-4-502 was an attempt

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 18, 2019
Courtney Edwards' answer
Any felony charge is extremely serious as it will affect you for the rest of your life. You should absolutely consult with an attorney and if you cannot afford one, apply for the public defender.

Q: I am 55 and have ms. My ex daughter in law is sending me nasty messages. I was wondering if I could get her for

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 5, 2019
Courtney Edwards' answer
You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.

Q: What can the police do to help me from being cyber stalked?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 30, 2019
Gary Kollin's answer
If there is no evidence but only speculation, the police wouldn’t be able to help you. Nor would they conduct an investigation

Q: My ex set me up causing a violation of restraining order against me and also planted drugs in my possession all due to

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 28, 2019
Courtney Edwards' answer
You should really speak to an attorney about how best to address this at your hearing.

Q: When a police officer sends a summons to appear in court for assault, are the district attorney and court notified?

2 Answers | Asked in Criminal Law for Colorado on
Answered on Jan 27, 2019
Mr. H. Michael Steinberg's answer
The officer files the ticket with the court and the DAs office. The DA also receives the complete set of police reports.

Q: Who should I talk to when I know somebody lied on a police report for domestic violence

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 25, 2019
Gary Kollin's answer
It is impossible to completely understand what you wrote because you wrote it in one run-on sentence. Perhaps next time you could write it so each sentence begins with a capital letter and ends with a punctuation mark

Q: I had my felony theft expunged in Kansas but color is saying that I need a Pardon. Does this seem right?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 24, 2019
Mr. H. Michael Steinberg's answer
Not sure why this is. As I understand expungement - Colorado should give "full faith and credit" to the decision to expunge the record in Kansas. There may be some facts your not providing.

Rec- ask CBI why they require the pardon. Also note Colorado governor cannot pardon a Kansas criminal conviction. Doesn't make sense.

Q: I am on probation in Colorado and trying to get an interstate compact back to Indiana my probation officer says she

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 24, 2019
Brian K. McHugh's answer
The sending state (Colorado) has to approve your request to the receiving state (Indiana) for transfer of your probation supervision. So yes, she can put off submitting your application. Even if she did not have that authority, it would be very unlikely that Indiana would accept the transfer of probation supervision if your PO did not support the transfer.

Good luck.

Q: Can I sue a news station for publishing the name of a family member that caused his life to be I danger?

1 Answer | Asked in Libel & Slander and Criminal Law for Colorado on
Answered on Jan 24, 2019
Courtney Edwards' answer
Unless what the new station published was false and they knew it was false or were completely reckless with regard to the truthfulness of the report, no, you cannot sue. That is public information and the press is protected by the First Amendment.

Q: Can a person be banned from a public space by an informal administrative order?

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on
Answered on Jan 23, 2019
Peter N. Munsing's answer
Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.

Q: How do the status of limitations work? This is concerning a theft charge. No charges were ever filed.

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 23, 2019
Courtney Edwards' answer
If you failed to appear for the first court date, the statute of limitation does not apply to you. The statute of limitations only applies if a crime is known, or reasonably should be known, and the police/prosecution does nothing about it for the period of time in which that crime falls (the statute of limitations is different based on different crimes). Here, because the prosecution initiated a case and you were the cause for the delay (failing to appear), you are not eligible for the...

Q: I have a warrant for a failure to appear on a case that is pass the status of limitations.

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 21, 2019
Mr. H. Michael Steinberg's answer
This is a common mistake of law. Simply put - once a warrant issues - the statute of limitations is stopped and cannot run. The law calls this a "tolling" of the statute. Therefore the warrant ramains in force and the case must be defended.

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