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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: Hi, I’m being questioned by the secret service tomorrow about my tweets, which were meant to be jokes, what should I do?
Brian K. McHugh
Brian K. McHugh answered on Dec 5, 2019

You are not required to talk to the Secret Service. That said, you should contact an attorney experienced in federal criminal law and do it right now.

Given the short notice it is unlikely that a defense attorney will be in a position to tell you anything more than that they need more time...
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1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: can I reverse my plea of guilty

after sentencing (public defender) lack of representation

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 26, 2019

It is possible to withdraw your plea but it is difficult and requires the filing of a motion and a hearing.

There are different legal standards if the motion precedes or follows sentencing.

They are complex standards and do not lend well to this kind of question answer format....
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1 Answer | Asked in Criminal Law for Colorado on
Q: Is it illegal to obtain goods or services with the intent to reverse the funds or charge back the funds? Colorado.

What statute or municipal code would this fall under.

Theft from any person anything of value thru the use of deception, suspect vehicle was held for cash payment only as stated on his invoice, suspect made payment online and stated that his wife mentioned that it was christmas and after... Read more »

Brian K. McHugh
Brian K. McHugh answered on Nov 22, 2019

Yes. It is theft if the person obtains the goods, reverses the charges and keeps the goods.

2 Answers | Asked in Criminal Law and Civil Rights for Colorado on
Q: If we are not legally required in Colorado to speak to police/open the door, how can a warrant be issued

In Colorado from my understanding we are not legally required to open the door if the police knock nor do we legally have to speak to them without a warrant. So how can they issue warrants for failing to do so, or at all until they speak with you? Shouldnt theu issue a summons for questioning... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
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1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Colorado on
Q: How can a person be charged for sharing a private photo if the person sent it consentually

If a person takes a provocative photo and posts online or sends it to multiple people how can they down the road decide to press charges on one of the recipients for sharing the photo? My sisters Son received a photo of his friend as did many others via social media. Months later he sent it to... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Colorado on
Q: How can a warrant be issued for a crime if law enforcement does not make contact with you to question you of crime?

Example: My sister was on vacation. She was not home when police came to speak with her Son who was believed to have sent a friend an image of buttocks. She finds out over 4 months later her 13yr old child has a no bond warrant. This was the first anyone had heard of the image, the attempted... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Colorado on
Q: I was in an accident and received a citation for careless driving. What are my chances of pleading for a reduced charge?

I was riding my motorcycle and crashed into pickup truck in an intersection. I was given a mandatory court date at El Paso Combined Court for careless driving. I have a clean driving record up until this accident and was respectful and polite with the officer who issued the citation. I was the only... Read more »

Brian K. McHugh
Brian K. McHugh answered on Nov 10, 2019

Most prosecutors will offer a point reduction based on the facts you describe - clean driving record, no injuries (I assume), your respectful attitude to the officer, etc. While there is no requirement that the prosecutor offer a traffic infraction plea bargain, that is commonly what happens.... Read more »

3 Answers | Asked in Criminal Law for Colorado on
Q: My son has to be in court tomorrow at 9. He is being charged with a class give felony charge. Will we need a lawyer?

He's never been in trouble before. He did not know He was entering a vacant house until he was inside. He did not knowingly and willingly break in.

Gary Kollin
Gary Kollin answered on Nov 5, 2019

If you were in his situation would you want a lawyer?

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Colorado on
Q: Is a charge the same as a conviction for the purposes of renting an apartment?

On unsupervised probation and in compliance. Told once probation ends the case is set to be sealed.

Brian K. McHugh
Brian K. McHugh answered on Nov 2, 2019

A charge is a prosecutor's allegation that you committed an offense. A conviction is a legal determination that you are guilty of committing the offense charged.

If you are on probation, whether it is unsupervised or supervised, then you have a conviction. Once the case is sealed you can...
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1 Answer | Asked in Criminal Law for Colorado on
Q: What element are needed to prove criminal attempt to commit sexual assault in Colorado General intent or Specific intent
Douglas T. Cohen
Douglas T. Cohen answered on Nov 1, 2019

The short answer is: Sexual assault has an element of the mental state of "knowingly" crime, even if an attempt v actual sex assault. "Knowingly" is a general intent crime.

To be "specific intent" the mental state usually has to be "with intent" or "intentionally." If the charge is...
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3 Answers | Asked in Criminal Law for Colorado on
Q: Does the victims of a municipal crime have to show up if the defendant is going to trial?
Gary Kollin
Gary Kollin answered on Oct 23, 2019

If they are material witnesses and if they have been subpoeaned

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1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Colorado on
Q: Can you record an 11 year old and use it in court?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I have two Felonise from 2006, one is impersonation of a peace officer, the second attempt at perjury. Jeffco CO
Gary Kollin
Gary Kollin answered on Oct 18, 2019

Thank you for sharing, There is no question

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get out of a warrant?

I was issued warrant for FTA while in hospital.I have letter from Dr.stating when I was admitted & discharged

Gary Kollin
Gary Kollin answered on Oct 2, 2019

So hire an attorney so he/she can utilize the evidence

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1 Answer | Asked in Civil Rights, Consumer Law, Small Claims and Criminal Law for Colorado on
Q: My friend stored my wedding dress at her house. I have asked her for it back. She says she never had anything. Help!

This happened in Colorado, I now live in Kansas. I've asked to have a friend come by and pick up the dress. She says she never had anything. Can I sue her for the amount of the dress or the dress back?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2019

Such a case could be difficult without some form of proof. A judge/jury would look at your assertion and the other side's denial, and not have a means of deciding the matter without some evidence to support your position. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I had a hearing on jan 15 th in front of the colorado supreme court and still have not heard a ruling why so long

Does it take colorado supreme court this long to decide usually

Brian K. McHugh
Brian K. McHugh answered on Sep 30, 2019

There is no set time limit for the Colorado Supreme Court to rule. Your wait of 9 months is not at all unusual. It could be several months before the Court renders a decision.

1 Answer | Asked in Criminal Law for Colorado on
Q: Do police have right after, you personally, seek for medical attention to enter home and conduct a search?

Example: A person calls the police on themself as they stayed in a hotel seeking help medically. After calling 911 police came, entered room without consent and this person had drugs on them; not within sight. Do the police have the right to conduct a search inside and charge this person? Are they... Read more »

Gary Kollin
Gary Kollin answered on Sep 18, 2019

Yes, under many circumstances.

Retain counsel to discuss specific facts

1 Answer | Asked in Criminal Law for Colorado on
Q: A retarded women files rape charge.

It was consensual until prerp. asked to remove condom.

William Jaksa
William Jaksa answered on Sep 12, 2019

Do you mean a female with cognitive challenges reports to police that she was sexually assaulted? I assume that the police then conducted an investigation and charged someone with this?

Everyday vulnerable and marginalized people are mistreated in some of the most horrific ways and we as a...
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1 Answer | Asked in Criminal Law for Colorado on
Q: What happens in court?

I was at target with my two children. I am really stuggling and couldn’t afford baby food for them, diapers, wipes, bottles and binkys for them etc. They caught me walking out and told me to go to the back with them as I did. They took my info down and called the police and the police came and... Read more »

Brian K. McHugh
Brian K. McHugh answered on Sep 10, 2019

Based on the information you provided, you should not be worrying about jail or having your children taken away.

It sounds like you will probably qualify for a court-appointed attorney (no cost to you). The attorney will get you through the process and help you resolve the situation.

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