answered on May 21, 2023
You can retain an attorney to provide you with a second opinion. Be aware, however, that your fiancé’s attorney may know certain facts which your own attorney will not be privy to. So be sure that you are confident your own attorney explains to you possible alternative outcomes which may occur... Read more »
I have my own car insurance Can I use my insurance policy for proof of insurance. It states that my insurance will transfer to” none owned autos”
answered on May 17, 2023
A Colorado attorney could advise best, but your question remains open for two weeks. The general rule in most places is that insurance follows the vehicle. It isn't fully clear what that provision that you cited means. The word "none" there doesn't seem to help. But it would... Read more »
My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... Read more »
answered on May 11, 2023
I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... Read more »
Boulder County being the releasing county and Weld County being the county with active warrants.
answered on Apr 28, 2023
Yes, it is legal. It may be mandatory depending upon the facts and circumstances. Weld Cnty has a limited period of time to show up to transport once bond is posted in Boulder Cnty. Depending on what charges are pending in Weld Cnty, the sheriff has to make a decision whether the cost of the... Read more »
he knew it would be dangerous and lied to me about the car only for me to be poisoned and im the one paying the price with my life. he was aware of the potential dangers and lied and hid them using deception to sell the car to me is this somerthing i should be taking legal action with he knew what... Read more »
answered on Apr 27, 2023
A Colorado attorney could answer best, but your question remains open for three weeks. The cost of investigating the matter in terms of an expert examining the vehicle, conducting depositions or other fact-finding, etc. could exceed the cost of repairing the vehicle. If you consulted with a... Read more »
This is assuming the jumper survives and is in a condition in which they can appear at court
answered on Apr 4, 2023
This is a pretty crazy and awful hypothetical for sure. In some jurisdictions, the jumper might be charged with manslaughter or another form of homicide. Manslaughter generally involves causing the death of another person without intending to kill them, which could be applicable in this situation.... Read more »
This is assuming the jumper survives and is in a condition in which they can appear at court
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answered on Apr 4, 2023
Agreed. This is an awful hypothetical but something you may see in a law school practice book. I will approach this as if it could be a practice question for law school. Please note that I do not practice criminal law but I am always up for a lively discussion.
If there is no intent to... Read more »
A 20 yr old man was arrested in a sting opperation with a "16yr old" girl. The man was released and sentanced to probation. He has been in jail since February 18. Yesterday was his dispostion hearing, he was told he didnt need to attend that they will handle it all on the 27th of March.
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answered on Mar 11, 2023
If the man was told by his lawyer or a court official that he does not need to attend his disposition hearing, then he should follow their instructions. However, if he is unsure or uncomfortable with not attending the hearing, he should contact his lawyer or the court to clarify and discuss his... Read more »
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answered on Mar 2, 2023
It depends on the specific circumstances of the case and the rules of the court in which the cases are being heard. In general, a judge who presides over a criminal case involving the same parties or issues as a subsequent civil case may be prohibited from hearing the civil case due to potential... Read more »
Is a person supposed to be named in a social media or cell phone search
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.
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 »
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... Read more »
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 »
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 »
Can my judge change my charges and is signing an illegal plea grounds for dismissal?
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 »
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.
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... Read more »
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.
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 »
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.
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 »
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 »
The itemization was done and no where on it is the things officer took. No discription or even that they took it.
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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 »
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 »
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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 »
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 »
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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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