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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: What can I do to enforc my right to due process? my right to a lawyer was stolen by police when they lied "ERRORED"

No due process? I was not given a lawyer and falsely arrested for fleeing. I committed no crime and video shows no probable cause to pull me over. I was pursued 2 blocks from home where officers were on a call from a caller who said I was dead. (NOT SUICIDAL) dead because of suicide. It was obvious... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police investigations can sometimes be obtained by reporting an egregious event to the FBI, or Internal Investigations of the subject police department.

2 Answers | Asked in Criminal Law, Federal Crimes and Tax Law for Colorado on
Q: If someone failed to report an entire source of income over 2 years. What’s the chance they will see prison time?

If they have been turned in via 3949a

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 22, 2020

It is impossible to say without additional information. This is also something that should not be discussed in an open forum. You need to stop looking for answers here and contact a tax attorney where attorney client privilege will apply.

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1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: What are the possible outcomes of this case, and the chance of each?

Deleted.

Douglas T. Cohen
Douglas T. Cohen answered on Mar 21, 2020

Sorry but if you currently have a lawyer, you should not be discussing your case specifics with other lawyers and definitely not online. I suggest you set a meeting with your public defender and address these concerns with him/her.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: I have 3 Court Clearance Required I know I missed court in Denver but idk about Aurora and Douglas? Any advice?Whattodo

Can it be unpaid fines? What’s the consequences of this and missing court for driving w no license i need help please I will hire an attorney I just need help

Brian K. McHugh
Brian K. McHugh answered on Mar 8, 2020

Call the court clerk in the Aurora Municipal Court and the Douglas County Court and ask them for about the clearances you need. In the typical situation they are called an OJW fees.

1 Answer | Asked in Criminal Law for Colorado on
Q: Will a deffered prosecution show up on your record during the time of completion? (I was not arrested/fingerprinted)

I checked CBI & since I wasn't arrested/fingerprinted nothing showed up but would it show up in a National Criminal Background Check?

Brian K. McHugh
Brian K. McHugh answered on Feb 26, 2020

It will not show up on a criminal history check through the CBI or the FBI because you were not arrested and finger printed. However, since it is active court case, a thorough background may disclose it.

1 Answer | Asked in Criminal Law and Probate for Colorado on
Q: I have been on probation for 3 months can i ask to do jail time and be done with probation
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

It depends. In some circumstances probation is mandatory to ensure you comply with a treatment program, for example in domestic violence and DUI/DWAI cases. Be careful what you wish for though- I've seen this request made before and the judge put the person in jail for the maximum sentence which... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Colorado. Class 3 Misdemeanor, school is refusing to release evidence at this point, what are my next steps?

My Son, 18, is currently being charged with a class 3 Misdemeanor for property Damage under $200. The school is currently refusing to release the video and photo evidence. Wondering what my next steps are? What is the best way to pursue the charges?

Janene McCabe
Janene McCabe answered on Feb 19, 2020

Generally, when trying to gather evidence to support a defense it is best to hire an attorney who understands how to make demands for video and photographic evidence as businesses and universities are not necessarily required to provide it when asked. Attorneys work with investigators who... Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Colorado on
Q: I was assaulted by 2 individuals in a retail store in Greeley CO. What are my rights?

I would rather talk to a lawyer about the details.

Brian Michael Bradford
Brian Michael Bradford answered on Feb 12, 2020

I am sorry to hear about what happened to you. First, we always suggest contacting the police so that criminal charges can be pursued. From a civil liability standpoint, a lawyer would need to know more facts about how the assault happened to make any determination about a civil claim.

1 Answer | Asked in Criminal Law and Wrongful Death for Colorado on
Q: My sister just found her 4 1/2 month old baby unresponsive. Does she have to perform a reenactment for the police?
Brian K. McHugh
Brian K. McHugh answered on Feb 7, 2020

She does not have perform a re-enactment and she does not have to talk to the police. She should obtain an attorney.

1 Answer | Asked in Criminal Law for Colorado on
Q: I signed on a bond for a friend and they didn't show for court, can the bondsman file criminal charges against me?
Brian K. McHugh
Brian K. McHugh answered on Feb 5, 2020

Based on the facts stated in your question, the answer is no - you have not committed a crime. However, the bondsman may demand you pay the amount of the bond.

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Colorado on
Q: My boss has made sexual comments, attempt to break into my cabin on property, and groping another employee. what next?

He has tried forcing himself on several employees while we are at work. He is generally intoxicated. There are several females involved and a few are willing to come forward. He was an ex-police officer. He has a lot of family in law enforcement.

Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

You and others who have witnessed your boss' behavior should immediately report your boss's conduct in writing in accordance with your employer's policy for reporting such violations. If your employer does not have a policy, report the conduct to your boss' supervisor and to Human Resources in... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: If I violate conditions of my bond and then reach a plea bargain for the case I violated bond on and get sentenced .

Can I be charged later for the bond violation?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Yes, violation of bond conditions is a separate offense, even though it is related to the case you settled by a plea agreement. It may be that the plea bargain included an agreement not to file a bond violation case. You should check with your attorney or, if you did not have an attorney, check the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Where or who do i go to to file perjury charges on someone who lied under oath to mislead magistrate
Brian K. McHugh
Brian K. McHugh answered on Jan 15, 2020

Make a report to the police or sheriff in the county in which the court proceedings occurred.

1 Answer | Asked in Criminal Law and Municipal Law for Colorado on
Q: If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.

1 Answer | Asked in Criminal Law for Colorado on
Q: is an attempted kidnapping charge f4 considered a violent crime in colorado
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If the kidnapping was the class 3 felony version of that offense, an attempt to commit that crime (a class 4 felony) is a crime of violence.

1 Answer | Asked in Criminal Law for Colorado on
Q: After being sentenced and turning myself in I didnt get credit for my time served. What do I do

I was sentenced to one year in jail with work release approved and given two days to turn myself in. I turned myself in and then waited in jail for 5 days until transferring to the work release facility. I contacted the sheriffs office because my MRD was wrong and they said I was correct and was... Read more »

Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If you were sentenced to 1 year in jail with work release authorized, and spent 5 days in jail before you entered the work release program, that 5 days jail will count against the 1 year sentence. If something else is going on with the judge's order, you need to appeal the decision. If it was a... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I ask the courts to change an upoming court date to another day in the same month that I already have off?

I have a day off for a dr appointment the following week of my next scheduled court date. I attempted to find a dr appt for the same date but was unable. I am sheduled for a prelim or disposition hearing the week prior to the dr appointment.

Brian K. McHugh
Brian K. McHugh answered on Jan 11, 2020

Call the Clerk of the Court, tell them your situation and ask them if you can change the court date to the same date you have set for your doctors appointment.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Q: Chumped up charges and abuse of jurisdiction?

Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't let me out of... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Is it legal for Colorado Springs jail to make inmates strip and sit outside in 36 degree weather for an hour??
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends on their circumstances. Sounds cruel and unusual, but what do they say is the reason they did it? and then what are your damages? It's not something that will just get a criminal case thrown out since it was post-arrest.

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