Colorado Criminal Law Questions & Answers

Q: To the best of my knowledge, a company advised it's employee to commit an act of armed robbery. What are my options?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 17, 2019
John Kenneth Joyner's answer
If you believe you are the victim of a crime, you should contact the police.

Q: Do I need a lawyer to dismiss a disorderly conduct and trespassing charge, both in municipal court, charged by the state

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 16, 2019
Courtney Edwards' answer
At your first court appearance, you could show up and explain the circumstances to the prosecutor. However, that can be risky as you may give the prosecutor too much information. Also, the prosecutor will not take it well if you have somehow succeeded in getting the police officer not to show up- you shouldn't mention this to the prosecutor. If the prosecutor is unwilling to dismiss the case, you would next have to plead not guilty and set your case for trial. If the police officer and...

Q: What is the punshment for mistaminer theft in colorado if the property is under $500 and it's your frist offince ever

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
The answer to your question will depend on where you have been cited into court. If you are in municipal court, it will depend on the municipal code for that municipality.

Under state statute, theft of property valued $300.00 - $749.99 is a class 2 misdemeanor. The possible punishment for that crime is a fine $250.00 - $1,000.00 and/or 3 - 12 months in jail.

You should consult with an attorney about your rights and the evidence against you, and have an attorney bargain with...

Q: Is there a statute covering false reporting of DV/protection order.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.

Second, are more toward your question, when someone files a protection order, they have to sign the complaint "under the penalty of perjury." This means that if there are statements that are materially false, your wife could be subject to a prosecution for perjury. There...

Q: What kind of time would one be looking at being charged with receiving stolen property in South Dakota?

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
You should change the geographical location for this question so that a South Dakota lawyer sees it. Right now, it is popping up in the Colorado section.

Q: So there was more than just a weapon in the vehicle drugs but all that i was being accused of was the weapon is that it?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
The District Attorney should have provided you with a "Complaint and Information" listing all of the charges against you. If the only charge is the POWPO charge, then that is likely all you have been charged with. However, the DA can at any time before trial, amend the Complaint and Information to add more charges if the DA has a good faith basis to go forward on those charges (meaning, the DA needs evidence against you to add charges).

Q: A friend on parole staying at my house was arrested by his parole officer after finding meth on the table.

2 Answers | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Brian K. McHugh's answer
No, you should not go the police and confess. It will not help your friend. Yes, you might be arrested and booked into jail.

Q: I was arrested by the city of Westminster on charges I have proof that are false and not true I don't know what to do

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 13, 2019
Mr. H. Michael Steinberg's answer
You have two choices. Represent yourself and present your evidence to the DA which is sometimes risky.

Or retain a lawyer to do the same. Less risky but obviously more expensive.

Q: Can i be charged with more than what the d.a.is alleging?or is what's on the paper all that I'm being charged with?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 12, 2019
Mr. H. Michael Steinberg's answer
There are no limits on the DA in filing charges as long as their is evidence to support the charge filed. In other words the DA is the charging authority in all cases - especially felony cases.

Q: Can my son get a review if his attorney made him take a plea that was vacated right after for 35 c inafective assistance

1 Answer | Asked in Criminal Law and Legal Malpractice for Colorado on
Answered on Jan 12, 2019
Mr. H. Michael Steinberg's answer
I am unclear on what you mean by review. Please clarify your wants and expectations. Not enough facts.

Q: My stolen dogs. filed police report in Boulder. Det told woman to return dogs. She won’t. file civil suit? restitution?

1 Answer | Asked in Animal / Dog Law and Criminal Law for Colorado on
Answered on Jan 7, 2019
Juliet Piccone's answer
I'm not sure how the detective is going to cite or arrest her for theft if you and they do not know where she lives. You aren't going to get anywhere without knowing where she is located, because how will she be served with a criminal or a civil summons? In my opinion, you need a real consultation from an attorney who handles these cases all the time, like me, not just a random post on Justia. We could discuss what information is known, what is unknown, and how to fill in the gaps and...

Q: Questioning of a minor bt school administration without parents present after a fight? Then cited by police? Legal?

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Answered on Dec 27, 2018
Mr. H. Michael Steinberg's answer
Totally legal. The only time parents can intervene is when the child is under arrest or is in a circumstance that would be considered the equivalent of an arrest. In that case the child -

If questioned - Would have to be advised.of their Miranda rights and waive them or not - with the consent of a parent or or other legal guardian

Q: what is a municipal statue warrant

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 27, 2018
Mr. H. Michael Steinberg's answer
There are three criminal jurisdictions in Colorado. Federal - state and local also known as municipal Court. Nearly every city has its own criminal laws called codes.

In your case it appears as if the case was originally filed in the wrong court. The new court is called a muni court and it appears as.if they have issued an arrest warrant for you.

Q: I am trying to find out how can I see what crime was made by having the case number

1 Answer | Asked in Criminal Law for Colorado on
Answered on Dec 23, 2018
Mr. H. Michael Steinberg's answer
You can go to www.cocourts.com and look up your name.

Q: In Colorado is a convicted felon able to legally own and/or possess a firearm?

2 Answers | Asked in Criminal Law for Colorado on
Answered on Dec 11, 2018
John Kenneth Joyner's answer
A convicted felon is barred from owning firearms by federal law. There is supposed to be an appeals process, but the government has not funded it.

Short of a pardon, you are out of luck.

Q: How would I go about having a lawyer ready to use in case i every needed one.

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Tax Law for Colorado on
Answered on Nov 24, 2018
D. Mathew Blackburn's answer
It's always better if you can build a professional relationship before the disaster strikes.

My suggestions would be to call them up and talk to them. Sign an agreement. Put down a retainer of an agreed upon amount. If anything happens you have a lawyer retained and they know they'll get paid.

Some attorneys won't do this at all because they don't want to be responsible for representing you for whatever; they want to know what they're getting into. Others will likely charge...

Q: What do I file charges for?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Nov 9, 2018
Brian K. McHugh's answer
You do not need to decide what charge or charges to file. Go to the police department in the city or town where this happened (it will be the sheriff's department if it happened in an unincorporated part of the county) and tell them you want to file a report. The law enforcement officer will take your statement, investigate and decide what action needs to be taken next.

You should also report it to your employer's HR department.

Q: Is it unlawful to tell somebody in by way of publication, I will sqeeze it out of you...

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Federal Crimes for Colorado on
Answered on Oct 27, 2018
John Kenneth Joyner's answer
If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.

You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then request a hearing to have the order made permanent. You will be required to have the paperwork served on the restrained party before the permanent protection order hearing.

Q: Will a defendent get credit for presentence jail time towards a sentence of work release in Colorado?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Oct 21, 2018
Brian K. McHugh's answer
Any time in jail waiting for resolution of the case, whether the resolution is sentencing based on a plea or trial verdict, or sentencing based on a violation of probation, will be credited against the sentence imposed. That is true on work release and straight jail sentences.

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