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Colorado Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I use a Pellet gun for self defense in Colorado?
Michael Joseph Larranaga
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answered on Dec 20, 2023

From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in... View More

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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

James L. Arrasmith
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answered on Dec 10, 2023

In Colorado, the laws regarding firearm ownership for non-U.S. citizens with legal status, like having an Employment Authorization Document (EAD) and a temporary Social Security Number, can be complex. Generally, lawful permanent residents (green card holders) are allowed to purchase firearms, but... View More

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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

Consult an attorney: The best way to determine if you are legally eligible to purchase a pistol. You should be aware of the following.

Federal Firearms License (FFL) dealer: Another option is to visit a local FFL dealer and inquire about their purchasing requirements. They can help you...
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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

You need to do a consult with an immigration attorney in Colorado. Here is some information that may help.

According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation...
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1 Answer | Asked in Criminal Law for Colorado on
Q: My summons states a charge that is not a part of the actual statute or ordinance. Is this enough discrepancy to dismiss?

My summons from the police has my charge as 18.9.202 cruelty to animals.

he writes the description as "recklessly with criminal negligence failed to provide appropriate medical Care"

The actual code reads:

18.9.202 A person commits cruelty to animals if he or she... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Colorado, if your summons cites a charge that doesn't accurately reflect the actual statute or ordinance, it's important to bring this discrepancy to the court's attention. The description of the charge should match the legal language of the statute under which you are being... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: I have a probation violation court date in a couple of days and I still haven't found a lawyer. What are my options?

Can I postpone the court date so I can find a lawyer? Is it possible to even find a lawyer on such short notice? (Court date is in 2 days) Can I hire a paralegal instead of an attorney?

Reid DeChant
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answered on Dec 3, 2023

Paralegals cannot give legal advice, so you cannot hire a paralegal as a cheap attorney. If you can’t afford a private attorney, you can always apply for a public defender.

There also may be a “slow pay low pay” list your judge can offer you with a list of attorneys that offer...
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1 Answer | Asked in Criminal Law for Colorado on
Q: I think I am going to be charged with felony shoplifting. Today a sheriffs came to my door (. I’m out of town).

I saw them on my ring camera. I am assuming they are there to arrest me or give me a summons. What should I do?

Reid DeChant
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answered on Dec 3, 2023

More often than not it is best to invoke your right to remain silent and right to an attorney. Meaning, if police contact you, don’t attempt to explain anything and instead ask for an attorney. If you can’t afford one, apply for a public defender. If you can, you can hire a private attorney to... View More

2 Answers | Asked in Criminal Law for Colorado on
Q: I have a probation violation court date in 2 days and the lawyer I was initially going to hire is terrible.

She is trying to charge my father $7,500 for a retainer and hasn’t even spoken to me about my case yet. I need to know what my options are.

Reid DeChant
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answered on Dec 3, 2023

You can always fire your attorney if you are not satisfied with their representation and then hire someone else.

It’s possible they aren’t prepared to work on the case (talk to you) until they are paid. Some attorneys are more willing to discuss a plan for your case before they are...
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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

Reid DeChant
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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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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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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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