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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: If you are going to court for a probation violation and you hire an attorney, do you still have to talk to your

Probation officer or does your attorney handle that communication as well?

Sean Maye
Sean Maye answered on Mar 16, 2021

If you have a pending violation of probation and have hired a lawyer to represent you on the alleged violation, you are still required to continue reporting to probation - that obligation doesn't change. The fact that you have a lawyer on your probation matters does not then automatically... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado on
Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and... Read more »

Sean Maye
Sean Maye answered on Mar 12, 2021

This sounds like a terrible scenario that you experienced. So sorry you lived through that.

If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Can a spouse be charged with criminal mischief if other spouse doesn’t want to press charges?
Sean Maye
Sean Maye answered on Mar 11, 2021

The answer, unfortunately, is yes. In any case where there is an allegation of domestic violence (and certainly in cases involving physical violence, like with criminal mischief), the mere report of a criminal DV incident is going to result in charges. Because the case will be considered DV, the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: is there a such thing as a no contact order that stipulates there can be contact from the restrained party?

is there a such thing as a no contact order that stipulates there can be contact from the restrained party with the protected party. And if so would it be valid? issued in a civil action, not a criminal one.

Sean Maye
Sean Maye answered on Mar 8, 2021

There are certainly scenarios where a protection order can be modified by the Court to allow limited forms of contact. Often times, these special amendments are reserved for scenarios where the parties have kids and need to communicate for custody sharing, etc.

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: I am on probation here in Fort Collins, Colorado for a 1st time DUI. Can I ???

I purchased a Lower Receiver for an AR - 15 the other evening online for a future project.

Then a friend of mine reminded me that it is Illegal to have a firearm while on Probation here in Colorado.

So my question is: ( since it is not actually a working Firearm)

Can i... Read more »

Sean Maye
Sean Maye answered on Mar 8, 2021

This is an interesting question.

(1) It is not necessarily illegal to possess a weapon when on probation, especially when the probation is for a nonviolent misdemeanor. However, if there were any specific agreements for your specific probation that prohibit firearm possession, then that is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I legally own a gun in Colorado if I got my felony record expunged in New Jersey

I used to be a convicted felon in NJ but I have since gotten my record expunged. I was convicted for felony drug distribution. I have never been convicted of any violent crimes. If my record is expunged in NJ can I legally own a gun in Colorado?

Sean Maye
Sean Maye answered on Mar 8, 2021

A NJ lawyer will have to advise on whether, under NJ law, expungement of a felony conviction amounts to a restoration of your civil rights. If the answer is yes under NJ law, then I believe you should be perfectly fine in CO. But often times the question of a clear felony record does not... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: Should I appeal my dmv hearing extension on my ignition interlock device

I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... Read more »

Charles William Michaels
Charles William Michaels answered on Mar 8, 2021

First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.

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1 Answer | Asked in Criminal Law for Colorado on
Q: Is it legal for a judge to recommend a public defender?

Criminal Case

Sean Maye
Sean Maye answered on Mar 4, 2021

It is never illegal for a judge to "recommend" anything, let alone when they are recommending that you preserve your right to counsel under the 6th Amendment by suggesting a PD if/when you cannot afford a private lawyer otherwise. PDs are assigned to specific courtrooms and whichever is... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How do I appeal my case if my due process rights were violated and my plea agreement had a appeal waiver

My felony conviction never got a prelim or my charges were not presented to a grand jury for indictment

Sean Maye
Sean Maye answered on Mar 2, 2021

A grand jury indictment is not fundamentally required, and the question of whether a PH occurs or not depends on the charges, custody status of the defendant and any potential delays that amount to a waiver of the right. An appeal on these issues may not be likely but you certainly should consult... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: if a codefendant has their trial testimony sealed, would it be possible for defendant to have access to it if requested?
James F. Stanley
James F. Stanley answered on Feb 16, 2021

If a court issues an order sealing a case in Colorado, then no member of the general public has access to the record. You could file a motion with the court to request access to the record.

1 Answer | Asked in Libel & Slander, Contracts and Criminal Law for Colorado on
Q: A delivery person forged my signature on a home delivery. Can I sue? If so, how do I proceed?

I ordered a $3000 computer from Amazon. It was delivered today. I needed to sign for it, so I made sure to be home. An hour ago, I looked outside and it was sitting on my porch. Checking Amazon, it said that I had signed for it, which I had not. Apparently, the delivery person forged my signature.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 12, 2021

The purpose of a civil suit is to recover damages in order to make you whole. You've not articulated any damages.

1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye answered on Feb 11, 2021

The answer to your question, in short, is YES.

The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of...
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1 Answer | Asked in Criminal Law for Colorado on
Q: So i was seen on camera at a seen of a crime.never seen actually commiting any burg.. Since i was only a person driving

Does this mean i should take a attempted burg as the charge?cause i was not the person who even commited the crime.what would be the highest m1 charge i could try to ask for?

Sean Maye
Sean Maye answered on Feb 11, 2021

To be perfectly honest, I'm not sure any attorney on here can sufficiently answer what plea (if any) you should take. That's one of the most important advisements an attorney can provide a client, and you should only be discussing this with your lawyer. If you don't have a lawyer,... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My father in law got arrest for criminal impersonation what are we looking at?

We haven’t gotten any real knowledge of the charges and worried what we might be facing

Sean Maye
Sean Maye answered on Feb 8, 2021

Criminal Impersonation is defined under CRS 18-5-113. Absent aggravating circumstances or other enhancements, this is usually a class 6 felony punishable by a potential prison range between 12-18 months. That is not to say prison is going to be what the DA seeks on a case of Impersonation, but is... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Colorado on
Q: Is it illegal to video record a physical fight happening in the living room of a home, when they live in the living room

I’ve had a problem with my roommates who are married. They keep fighting at extremely high volume, and get physical with each other. I’ve physically seen the man on top of her holding her down, appearing to be choking her. They have been hitting each other. Breaking things. All within direct... Read more »

Sean Maye
Sean Maye answered on Feb 3, 2021

If they live in your home, there is a workable argument to make that your roommates essentially assume the risk that you would see, record and report any of their misconduct. This could be likened to laws that note that, generally speaking, someone can wear a wire while police are recording and... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Possession of fire arm

Hello so I’m a convicted felon and my wife is not she recently purchased a hand gun and safe that I don’t have access too am I still allowed to be in the house as the law states I shall not be in possession of it and let’s be honest the word possession mean everything to the law

Austin Michael Lux
Austin Michael Lux answered on Jan 28, 2021

Colorado defines possession for the purpose of the Possession of a Weapon by a Previous Offender statute in the following way:

"Possession constitutes a “voluntary act” if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to...
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1 Answer | Asked in Criminal Law for Colorado on
Q: I'm curious what on or about might mean

So I'm curious within the discovery it is stated that such person committed such a crime on or about such date and time..

Austin Michael Lux
Austin Michael Lux answered on Jan 28, 2021

The first two elements of every criminal charge in Colorado that the prosecution must prove beyond a reasonable doubt are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

Best,

Austin

Disclaimer: This information...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: 42-3-121(1)(b); I have been falsly accused of this charge. Do I need a lawyer for this? If so, how much $ will it cost?

Upon return of my stolen car, the police issued me a plate they said was mine and a piece of paper I was told, "if you get pulled over, just give them this so they know your car was stolen."

I was stopped while walking down by the river by a conservation officer that asked me,... Read more »

Austin Michael Lux
Austin Michael Lux answered on Jan 28, 2021

The charge that you accused of is a class 2 misdemeanor traffic offense. It carries a possible penalty of 10-90 days in jail and/or a fine of $150-$300. Often, the ticket you receive allows you to resolve your case with the payment of a fine. It is also frequently the case that the prosecuting... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: Hi I am looking for help. I am being charged with Animal cruelty resulting in the death of the animal.

The police reports say that the dog was euthanized. However, there is proof that she is alive. But I am unable to obtain these documents to prove that she is alive. Is there anyone that can help me figure out what to do? The police turned in a false report and I am having trouble disputing this.... Read more »

Sean Maye
Sean Maye answered on Jan 21, 2021

You will need to contact a lawyer, like myself and others on here, for a consultation and possible retainer. There is no way to answer your question here without more information, so call an attorney to get the best advice. Sounds like you have defenses, so act fast.

1 Answer | Asked in Criminal Law for Colorado on
Q: In Jefferson County is it true that a judge could agree to a deferred sentence and then not give it to you

So I had agreed to a deal with the judge district attorney and my public defender the the Deferred judgment was in place and I completed the probation successfully well the felony is still on my record I was told that Jefferson County is allowed to make a deal and not follow through with their end... Read more »

Sean Maye
Sean Maye answered on Jan 20, 2021

That is not true. If you had an agreement and you in fact completed your deferred judgment supervision without any compliance issues whatsoever, then you had a contract that is enforceable.

That said, the Courts know this as well. It is possible that you have had a compliance issue that...
Read more »

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