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Colorado Criminal Law Questions & Answers

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

Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »

Douglas T. Cohen answered on Jun 7, 2019

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
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1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on

Q: I asked someone to appraise a bracelet now they do not want to return it after finding cost

Donald C Eby answered on Jun 6, 2019

Have you called the police?

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

Q: Is a penalty assessment a criminal violation

I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.

Mr. H. Michael Steinberg answered on Jun 6, 2019

It should not. Technically a penalty assessment is a civil - not a criminal - offense. You should be - will be - fine.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Criminal mischief charges with domestic violence when I did no damage

Girl friends license suspended on jountly owner car and I pulled the plug wires off to disable it.

I got charged with DV citing criminal mischief for damaging the property of another. Pulling the wires off does not damage the car and she was going too drive it illegaly. I am... Read more »

John Kenneth Joyner answered on May 25, 2019

Based solely on how you describe it here, and if there was no damage, then this sounds more like tampering than criminal mischief. However, tampering is still a crime and they can charge it as DV.

Even a minor DV charge can have devastating effects on your life. You should hire an...
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1 Answer | Asked in Criminal Law for Colorado on

Q: Once a defendant accepts a plea bargain, the charge and its terms, is it a done "deal"?

Is there nothing else the defendant can do after accepting the plea bargain?

Bernard Crane answered on May 23, 2019

I think your question is, can you withdraw from a signed written plea agreement PRIOR to actually pleading guilty before the judge.

Generally, you can change your mind up until the moment in the plea hearing where the prosecutor reads the proffer of facts and the judge asks "how do you...
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1 Answer | Asked in Criminal Law for Colorado on

Q: When i turn 18 will an mip get expunged from my record?

Brian K. McHugh answered on May 19, 2019

Your age does not matter under the requirements for sealing an MIP.

For a first offense, if the case was dismissed after completion of a diversion program or a deferred judgment and sentence, or if it was a conviction, after payment of the fine and upon completion of a court-ordered...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: How many days after your arrested is you right to A speedy trial in Colorado violated . . Exact days

Mr. H. Michael Steinberg answered on May 12, 2019

None. The right to a speedy trial is not calculated at arrest. It is calculated after a plea of not guilty is entered at the first arraignment. It is six months after the plea of not guilty is entered.

1 Answer | Asked in Criminal Law for Colorado on

Q: If my roommate let's someone into my room while I'm sleeping and that person steals my truck what can I do? Denver Co.

Brian K. McHugh answered on May 11, 2019

You need report your truck as stolen to the police and then contact your insurance company. Your insurance company will require that you report the theft of your truck.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Colorado on

Q: Is it a criminal charge for landlord shutting off my power

Mr. H. Michael Steinberg answered on May 8, 2019

No. This kind of thing is a civil case at worst. It is not a criminal act. I am sorry because it can have the same impact. H

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1 Answer | Asked in Criminal Law for Colorado on

Q: Can I change the venue of a criminal conviction after all punishments have been complete?

HB19-1263 which just passed in Denver, states a person may vacate their felony if they have less than 4 grams of a substance... well that is the case with me and I completed all the stipulations of the charge but my charge was in Arizona not Colorado. Can I move the case so that I can vacate it?... Read more »

Mr. H. Michael Steinberg answered on May 5, 2019

I am sorry to say that this is not legally possible. Colorado and Arizona are completely different states - "sovereigns" and Colorado law cannot be applied to Arizona convictions and vice versa. If this was a Colorado conviction and the case was transferred for probation supervision as an example... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: Can an 18 year old date a 17 year old?

Mr. H. Michael Steinberg answered on May 4, 2019

The simple answer is yes. There is no law in Colorado to prevent this situation.

1 Answer | Asked in Criminal Law for Colorado on

Q: Is ever appropriate for a k9 unit to be deployed on a suspect that is sitting in drivers seat?

The only thing I can add is unarmed suspect

Brian K. McHugh answered on Apr 28, 2019

There are not enough facts provided. The answer to a question such as yours is completely dependent on the facts. There are any number of scenarios where what you describe would be a reasonable and appropriate use of force and any number where it would be an unreasonable and inappropriate use of... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: Charged with poss sched 2 in Co dont qualify for public def but I cant pay for a private

What happened to "if you can not pay for an attorney one will be appointed to you"?

Brian K. McHugh answered on Apr 21, 2019

An excellent question and one the courts have struggled with. A more accurate way to describe the reality of the situation is "a public defender will appointed if you qualify based on their income guidelines".

There are many people charged with crimes whose income is too high to qualify...
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1 Answer | Asked in Criminal Law and Internet Law for Colorado on

Q: My question is for a Colorado lawyer only and pertains to title 18 and state obscenity laws. Webcam question

My girlfriends and I have been webcamming with each other in the state of California for a year now and it's become our primarymeans of income. we have recently moved to Denver Colorado and are wondering if we are breaking local obscenity laws by continuing our girl on girl sex acts for the various... Read more »

Andrew John Contiguglia answered on Apr 12, 2019

It sounds like you're within the legal norm. Without knowing the full detail of your performances, I can't give you the most direct answer. Assuming it doesn't go against any community norm for sexual acts, you're likely free to play to your heart's content.

I've represented individuals in...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on

Q: I was decieved, lured in, driven to an unknown location, held,questioned, and left there. What should I do?

Brian K. McHugh answered on Apr 10, 2019

Not enough information provided. For starters, who did these things to you?

1 Answer | Asked in Traffic Tickets and Criminal Law for Colorado on

Q: I was in an accident in CO in 2018 from hitting a patch of ice. The officer gave me a ticket for careless driving.

I called several times to find out how much the ticket would cost and was told there wasn't a record on file under my name. I not only totaled my truck but also broke my neck. Moving back to CO, I received a ticket for speeding and was arrested for 1) not paying my ticket and 2) failing to appear... Read more »

Brian Michael Bradford answered on Apr 10, 2019

Whether you should pay a ticket/fine or fight it, is a matter of personal preference taking into account factors like risk, cost, time, etc. Whether you have a case worth fighting depends on the facts of your situation, and the pros/cons and strengths/weaknesses of your options cannot be... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: I need to know what motions to file to Quash a warrant in Adams county co

Courtney Edwards answered on Apr 10, 2019

You would file a "Motion to Quash Warrant."

1 Answer | Asked in Criminal Law for Colorado on

Q: I have a 15 year old felony and I live in Colorado I want to know if I can own a black powder revolver

Brian K. McHugh answered on Mar 30, 2019

A black powder revolver falls under the definition of a firearm, so your possession of it is a felony offense.

1 Answer | Asked in Criminal Law for Colorado on

Q: Does a search warrant have to have an address if they are searching the house

Brian K. McHugh answered on Mar 30, 2019

Not necessarily. The search warrant must state with particularity identifying information which clearly identifies the place in to be searched. Usually an address is included in the affidavit for the search warrant, but it is not legally required. Other unique identifying factors can be used to... Read more »

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