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Colorado Criminal Law Questions & Answers

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: What are the punishments for father supplying son with alcohol and pressuring him to drink?

My abusive ex husband has been pressuring our son to drink since he was very young; he’s 16 now and I recently found out that his dad bought him his own drinks and pressured him to drink. He finally caved and drank. We live in colorado but the incident happened at my ex husband’s parent’s... Read more »

Sabra M. Janko answered on Aug 16, 2019

Underage drinking is a crime and both your son and his father, if his father supplied him with alcohol, could be held responsible if reported to the police.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him

Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

1 Answer | Asked in Criminal Law, Adoption and Child Custody for Colorado on

Q: 18 U.S. Code § 3283. Offenses against children

My son was taken from in maryland when he was 5 years old i did not have a custody order, his mother took him to texas and legally signed over his custody to his granparents without my permission, he is now 26 years old, I have just located him, I would like to know if i can still file a charge... Read more »

Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. If there was no custody order, then likely there was no parental kidnapping. Absent a custody order or mandatory injunction upon filing a petition, a parent is free to relocate with a child

1 Answer | Asked in Criminal Law for Colorado on

Q: If a confession was made to police admitting to sexual assault, what other evidence (examples) are needed to prosecute?

I feel I was coerced into confession and the alleged victim was tricked by police in regards to the statement made and complaints have been made and nothing has been done. I have proof on recording officers lied or the report from the police has numerous errors and when questioned I get shut down.

Gary Kollin answered on Aug 9, 2019

A confession with the testimony of the victim is enough.

1 Answer | Asked in Criminal Law for Colorado on

Q: Fake ID was taken away at a dispensary. What do I do?

I went to a marijuana dispenary for about a month or so using a fake ID, which had my real name and picture on it. After about a month, they randomly upgraded their security and confiscated my card. When confronted, I was upfront and told them it was a fake after they said they had to call the... Read more »

William Jaksa answered on Aug 8, 2019

Bars, nightclubs, dispensaries all deal with fake ID as a routine matter of doing business. They are liable if they serve someone underage. Having worked with licence holders for years I know of no jurisdictions that allow employees at these places to confiscate, withhold or even destroy fake IDs.... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Colorado on

Q: can I get criminal charges for not returning a vehicle I have financed but haven’t Piad

They have tried to repo it and now I have an investigator calling me threatening a felony.

Bruce Alexander Minnick answered on Aug 7, 2019

You are standing in a large pile of deep do-do. Hire a criminal defense lawyer immediately.

1 Answer | Asked in Criminal Law for Colorado on

Q: Can a prosecutor and judge arraign someone for a crime,who they are using in a different case as their prime eye witness

The state prosecutor was using someone as their prime eye witness for a murder case After the witnesses testimony, the same prosecutor and judge arraigned the witness on drug charges and failure to appear in court. Is this practice illegal and can their be an agreement with the witness for their... Read more »

Gary Kollin answered on Aug 6, 2019

Not illegal and yes they can

1 Answer | Asked in Banking, Criminal Law and Federal Crimes for Colorado on

Q: My ex-husband had $742, plus 5 overdraft fees at $35 each, spent from his debit card. He reported the fraud to the bank.

He cancelled his card. Now it turns out, our 17 year old son spent the money. Is this a felony and what do we do?! Will the bank file charges?

Bruce Alexander Minnick answered on Jul 29, 2019

This family situation is what the world calls a dilemma. However, as long as the bank did not lose any money they should care less. Use this as a teaching time for the kid--before he leaves the nest.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on

Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »

Courtney Edwards answered on Jul 29, 2019

It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: My charge is injury by property in Aurora. I chose a trial by jury. What should I do to prepare?

I am a school teacher, no prior problems with my new husband. i replaced his phone I broke. I was offered yr probation & classes. That's extreme so I chose trial by jury but very nervous. I'm an asset to society not a liability, what are my chances for only community service and fine?

Courtney Edwards answered on Jul 29, 2019

If the judge finds that the breaking of the phone was an act of domestic violence, the classes and probation are mandatory. So, I'd say your chances of community service and fine only aren't great. I would suggest that you meet with an attorney, if you aren't already represented, to prepare you... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards answered on Jul 29, 2019

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: Can a juror in one criminal trial be on another jury in another criminal trial in a different county at the same time?

During my criminal trial where I was representing myself pro se after having insufficient councill during the entire court hearings

my trail was interrupted ..I was informed at the end of my trial by a district attorney from another county who walked into the courtroom to inform my judge... Read more »

Jonathan Greenlee answered on Jul 19, 2019

There is nothing that would automatically prevent a juror from serving on your jury simply because they have a pending case in another county or make this a conflict of interest. Generally speaking, the juror should not be talking on the phone during deliberations (which is likely why the other... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: How can you be convicted in a crime if there was no victim can the district attorney stand up and say that she is victim

If there was no dead body nobody got hurt no property or anything that damaged how is there a victim in this crime when asked for the victim to be brought forth in front of me in trial the district attorney stood up and said that she was the victim representative for the state.. is that even legal... Read more »

Jonathan Greenlee answered on Jul 19, 2019

For this type of charge, there would never be a "victim"- the "victim" is the state, as the prosecutor said. There are many crimes like this- a DUI without an accident, for example, does not have a person who is a victim, the victim is the state as a whole, represented by the prosecution.... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: What if the land wasn't occupied?

Person I know is getting tried for 2nd degree burglary when the land was unoccupied.

Jonathan Greenlee answered on Jul 10, 2019

2nd Degree Burglary under C.R.S. 18-4-203 requires entry into a " building or occupied structure."

“Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not it is a “building,”...
Read more »

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: Daughter has a court date but is moving with her father from another state before that date, will she still need to go?

My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?

John Hyland Barrett III answered on Jul 9, 2019

Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.

1 Answer | Asked in Criminal Law for Colorado on

Q: I am currently on probation i just got a ticket for driving without a license in denver what will happen

Courtney Edwards answered on Jul 9, 2019

It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court date. If... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on

Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband

Gary Kollin answered on Jul 8, 2019

You cannot file it for him. Only he can file it or a lawyer.

Obviously, this is the last chance he will have to get review.

If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.

If he is going to have any...
Read more »

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1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on

Q: If you are convicted of an attemted sexual contact misdemeanor 18-3-404 do you have to register as a sexual offender?

Attemted groping no contact happened

Jonathan Greenlee answered on Jul 7, 2019

Yes, you will be required to register as a sex offender. If you have a prior conviction for an unlawful sexual offense you will be required to register for life. If you are convicted of the Class 1 Misdemeanor charge of Unlawful Sexual Contact 18-3-404, you can petition to de-register after 10... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: I am on probation in Colorado. I also was sleeping out of my car. I couldn't handle it left with no permission to ohio

The dui was 2 years ago. I have finished everything up 27 hours of community service. How can I fix this

Jonathan Greenlee answered on Jul 7, 2019

If you left the state without permission from probation, they will file a motion to revoke your probation and a warrant for your arrest. If you have finished almost everything, they may be willing to set a bond you can post on the warrant and let you finish probation successful, or terminate you... Read more »

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