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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Colorado on
Q: My boss has made sexual comments, attempt to break into my cabin on property, and groping another employee. what next?

He has tried forcing himself on several employees while we are at work. He is generally intoxicated. There are several females involved and a few are willing to come forward. He was an ex-police officer. He has a lot of family in law enforcement.

Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

You and others who have witnessed your boss' behavior should immediately report your boss's conduct in writing in accordance with your employer's policy for reporting such violations. If your employer does not have a policy, report the conduct to your boss' supervisor and to... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: If I violate conditions of my bond and then reach a plea bargain for the case I violated bond on and get sentenced .

Can I be charged later for the bond violation?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Yes, violation of bond conditions is a separate offense, even though it is related to the case you settled by a plea agreement. It may be that the plea bargain included an agreement not to file a bond violation case. You should check with your attorney or, if you did not have an attorney, check the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Where or who do i go to to file perjury charges on someone who lied under oath to mislead magistrate
Brian K. McHugh
Brian K. McHugh answered on Jan 15, 2020

Make a report to the police or sheriff in the county in which the court proceedings occurred.

1 Answer | Asked in Criminal Law and Municipal Law for Colorado on
Q: If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.

1 Answer | Asked in Criminal Law for Colorado on
Q: is an attempted kidnapping charge f4 considered a violent crime in colorado
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If the kidnapping was the class 3 felony version of that offense, an attempt to commit that crime (a class 4 felony) is a crime of violence.

1 Answer | Asked in Criminal Law for Colorado on
Q: After being sentenced and turning myself in I didnt get credit for my time served. What do I do

I was sentenced to one year in jail with work release approved and given two days to turn myself in. I turned myself in and then waited in jail for 5 days until transferring to the work release facility. I contacted the sheriffs office because my MRD was wrong and they said I was correct and was... Read more »

Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

If you were sentenced to 1 year in jail with work release authorized, and spent 5 days in jail before you entered the work release program, that 5 days jail will count against the 1 year sentence. If something else is going on with the judge's order, you need to appeal the decision. If it was... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can I ask the courts to change an upoming court date to another day in the same month that I already have off?

I have a day off for a dr appointment the following week of my next scheduled court date. I attempted to find a dr appt for the same date but was unable. I am sheduled for a prelim or disposition hearing the week prior to the dr appointment.

Brian K. McHugh
Brian K. McHugh answered on Jan 11, 2020

Call the Clerk of the Court, tell them your situation and ask them if you can change the court date to the same date you have set for your doctors appointment.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Q: Chumped up charges and abuse of jurisdiction?

Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Is it legal for Colorado Springs jail to make inmates strip and sit outside in 36 degree weather for an hour??
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends on their circumstances. Sounds cruel and unusual, but what do they say is the reason they did it? and then what are your damages? It's not something that will just get a criminal case thrown out since it was post-arrest.

1 Answer | Asked in Criminal Law for Colorado on
Q: Can I get 3rd degree assault if I never touched the person

All my charges are on a victim I never touched

Brian K. McHugh
Brian K. McHugh answered on Jan 4, 2020

3rd Degree Assault requires physical contact which causes bodily injury to another. The act which causes the contact is must be done knowingly or recklessly. The bodily injury part of the offenses is satisfied if the physical contact causes any impairment of the victim’s mental or physical... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: I’m 23 I live in Colorado and have for two years. Can Georgia put Me in prison for interference with govt. property?

There was a dispute at a bar, I was severely intoxicated, detained and ended up with an interference with govt property charge. This happened before I moved to CO. I work at the airport and just lost my security clearance until there’s a disposition and have to go back to Georgia, which I can... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 29, 2019

If I understand you correctly, you were charged in Georgia. If that is the case, you should direct this question to attorney in Georgia. Colorado and Georgia law unlikely to be the same in your situation.

1 Answer | Asked in Criminal Law for Colorado on
Q: I've been charged with theft as a 19 year old. The citation is $50 but less than $300. Do I need a to get a lawyer?

I have made a huge mistake that I deeply regret. I made the choice of taking someones jacket from the locker room. I returned the jacket to the individual and the person is not pressing charges. However I did get a citation and was wondering if it is possible if I can show up to court by myself... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 27, 2019

Under Colorado law you are considered an adult, so you do not need to notify your parents and you do not need a parent present with you in court.

It wouldn't hurt to have a lawyer represent you; they know the rules of the system and how those rules work. If you want a lawyer, but...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Someone was convicted of felony indecent liberties with a minor in 1989. He knew he was required to register.

He didn't. Is he in violation now? He moved to Colorado and won't go back to Wyoming because of this.

Brian K. McHugh
Brian K. McHugh answered on Dec 27, 2019

He is required to register in Colorado.

1 Answer | Asked in Criminal Law for Colorado on
Q: I have a question about accidental firearm discharges
Brian K. McHugh
Brian K. McHugh answered on Dec 25, 2019

Need more information in order to answer the question. For example, how was it accidently discharged? where did the incident occur, was alcohol involved, was anyone injured (or could easily been injured under the circumstances that existed at the time), was the person responsible for the accidental... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: how can you be charged with tampering with the witness if they through out the original charge of DV?

we talked over the phone while my boyfriend was in jail. he told me not to worry every thing is going to be ok no face no case now they are throwing out the DV charge only to charge him with witness tampering, I had no intentions of pressing charges in the first place what are our options?

Brian K. McHugh
Brian K. McHugh answered on Dec 18, 2019

Witness tampering can be charged if it is based on conduct which occurs after the offense has occurred but before charges are filed. It can also be charged based on conduct that occurs after charges have been filed. Witness tampering cannot be charged based on conduct that occurs after all the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Is there a CRS which states that a person with two or more prior felony convictions can not sentenced to probation?
Brian K. McHugh
Brian K. McHugh answered on Dec 18, 2019

Yes, the general rule is that a person with two or more felony convictions cannot be sentenced to probation. However, an exception applies - if the DA recommends probation for such a person, the court can, but is not required to, impose a sentence to probation.

Keep in mind that the above...
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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 16, 2019

The victim in a criminal case has the right to ask that the case be dismissed. However, the prosecutor is only required to listen to the victim's input, they are not required to do as the victim asks.

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1 Answer | Asked in Criminal Law and Divorce for Colorado on
Q: Birth mother enticed 14 yr old son away from care without knowledge at a public venue under CO. Statute18-3-304

Birth mother attended same sporting event as me and kids. Without knowledge or communication to me as custodial parent my Ex wife texted my 14yr old out of stands to come meet her without my knowledge or consent. Is this criminal under 18-3-304 CO Statutes?

Douglas T. Cohen
Douglas T. Cohen answered on Dec 7, 2019

The short answer is: No.

CRS 18-3-304 is a kidnapping statute. Applying the kidnapping statute to the type scenario you are describing is a major stretch.

One parent texting a child at a sporting event that you are at with your child, so they can meet and say hello for a few...
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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...
Read more »

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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