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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

James L. Arrasmith
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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More

James L. Arrasmith
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answered on Nov 16, 2023

In the U.S. legal system, the ethicality of a judge's decision to allow an additional charge close to the trial date can be complex and depends on various factors, including the nature of the new evidence, the procedural rules of the jurisdiction, and the specifics of the case.... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More

Reid DeChant
Reid DeChant
answered on Nov 16, 2023

Where is your attorney during all of this?

If a DF1 charge was added, you can and should request a preliminary hearing. As you mentioned, a DF1 qualifies for a preliminary hearing. At that hearing, you or your attorney preferably, can argue there is no probable cause to allow such charge to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Is there a way to get a misdemeanor criminal mischief charge expunged or sealed so it doesn't show up on background chec
T. Augustus Claus
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answered on Nov 7, 2023

Yes, under certain circumstances, a misdemeanor criminal mischief charge might be expunged or sealed from a person's record in Colorado. The process is known as record sealing or expungement. If successful, it will prevent the conviction and the arrest details from appearing on most background... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: What can I do if my husband was misrepresented didn't have a fair trial, and was charged wrong and sentenced wrong?

While with this case a officer of the law admitted to commiting a crime and having the stolen property in her possession and other officers and sergeant covered it up because that officer no longer works with that department a week and a half later after investigation started, then sergeant... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your husband was misrepresented and did not have a fair trial, you should consider appealing the case. An appeal is a request to a higher court to review and change the decision of a lower court. The process would involve demonstrating that there were legal errors that affected the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: How valid is a search warrant executed 3 hours before the effective time stated on the warrant by the judge?

Sheriff department executed a search warrant for suspected gambling devices and all proceeds on site (among other things). They also seized the cash from an atm owned and operated by a third party.

In the judges statement portion of the warrant, he stated the warrant was effective... View More

James L. Arrasmith
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answered on Nov 5, 2023

If a search warrant is executed prior to the time authorized by the judge, it may be considered invalid, and any evidence obtained as a result may potentially be excluded based on the "fruit of the poisonous tree" doctrine. The specific language of the warrant is critical, as is the exact... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: My vehicle is seized for evidence off of private property without a warrant and I was not there how long do they have

Said my vehicle was allegedly used in crimes

James L. Arrasmith
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answered on Oct 23, 2023

In California, law enforcement may seize property without a warrant under certain circumstances, such as when the property is in plain view and officers have a reason to believe it's evidence of a crime. If your vehicle was seized as evidence, it can be held for the duration of the... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Q: police had a search warrant on my home for my grandson, and found other things not name in the warrant of my daughters

and began another investigation, into my daughters property while on the initial warrant to search for guns of my grandsons, they then invited the postmaster’s into my home, without my permission, and the postmaster came into my home without my permission, and observed items in my home without my... View More

James L. Arrasmith
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answered on Oct 15, 2023

Hi there! I understand your concerns about potential violations of your Fourth Amendment rights and the actions of law enforcement during the search of your home. In a situation like this, it's crucial to consult with an attorney who can assess the specific circumstances and advise you on the... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I get my criminal case discovery
T. Augustus Claus
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answered on Sep 20, 2023

In Colorado, if you're seeking discovery for your criminal case, it's essential to work closely with an attorney. Discovery is a crucial part of the legal process where both sides share pertinent evidence. According to the Colorado Rules of Criminal Procedure, particularly Rule 16, the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: Does a contempt of court protection order violation charge with a domestic violence factual basis count as a MCDV?

This is for firearm ownership 18, U.S.C. §922 (g) (9) and it is a misdemeanor

James L. Arrasmith
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answered on Sep 11, 2023

Under 18 U.S.C. §922(g)(9), an individual convicted of a misdemeanor crime of domestic violence (MCDV) is prohibited from possessing firearms. Whether a contempt of court protection order violation with a domestic violence factual basis qualifies as an MCDV would depend on the specific... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Need questions about possible daughter having charges brought against her?

She falsely accussed someone of physical assault of minor to person's boss not law enforcement. She than retracted statement and stated it was not true

T. Augustus Claus
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answered on Aug 22, 2023

Regarding your situation in Colorado, it's crucial to address the false accusation your daughter made and its potential consequences. To better understand the circumstances, it's essential to gather detailed information about the incident, her motivations, and the impact of her actions.... View More

2 Answers | Asked in Criminal Law, Family Law, Municipal Law and Probate for Colorado on
Q: Father gave me a truck back in Feb my sister who has power of attorney refused title I'm got grand theft auto warrants

Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More

Anthony M. Avery
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answered on Jul 31, 2023

Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More

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1 Answer | Asked in Criminal Law for Colorado on
Q: can I Use a bb gun as self defense in colorado
T. Augustus Claus
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answered on Jul 21, 2023

In Colorado, using a BB gun for self-defense can be a complicated legal matter. While BB guns are not considered firearms under federal law, Colorado state law treats them as dangerous weapons. The use of any weapon, including a BB gun, for self-defense is subject to the same legal standards as... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: im located in Colorado.. I am on probation for a felony drug case

out of Wyoming although I reside in Denver Co; Denver County called me for Jury Duty. I was advised from the judge clearly that I cannot vote.

This is one of the criterias to serve on a jury right? therefore doesn't this excuse me? Is there a relevant statute?

I was just... View More

Danielle M. Loth
Danielle M. Loth
answered on Jun 6, 2023

Hello:

A conviction will not automatically disqualify you from a juror pool - unless it is a grand jury. There are just a few reasons you can be disqualified, which can be found on this page: https://www.courts.state.co.us/Jury/County/Location.cfm?Location_ID=4&Section=Disqualification...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I need a second opinion on my fiancees case
John Michael Frick
John Michael Frick
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... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Got pulled over driving my brothers car without registration or insurance here in Colorado which is a misdemeanor.

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”

Tim Akpinar
Tim Akpinar
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... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

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.... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
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... View More

1 Answer | Asked in Legal Malpractice and Criminal Law for Colorado on
Q: (COLORADO)Is it legal for one county to release someone on bail knowing that they have warrants in another county?

Boulder County being the releasing county and Weld County being the county with active warrants.

John Michael Frick
John Michael Frick
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... View More

1 Answer | Asked in Criminal Law and Personal Injury for Colorado on
Q: my stepfather sold me a car that he knew would expose me to ethylene glycol vapor and he lied and hid it from me

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... View More

Tim Akpinar
Tim Akpinar
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... View More

2 Answers | Asked in Criminal Law and Personal Injury for Colorado on
Q: How would someone, attempting to commit suicide, jumped off a building then landed on and killed someone, be tried?

This is assuming the jumper survives and is in a condition in which they can appear at court

Ronald V. Miller Jr.
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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.... View More

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