Public defenders are lawyers, and often very good ones. A private attorney generally will have more time- as you are paying them for their time- and a lower caseload, but a public defender has the advantage of being in the same courtroom every day and knowing how the judge and prosecutor will act....Read more »
I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?
Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the...Read more »
It depends. In most cases, the warrant is issued quickly and you will be charged with the Escape case at around the same time you are in court to be re-sentenced to DOC on the remainder of your time. It does happen that there is a delay and the Escape charge will not show until you are re-paroled...Read more »
Since colorado doesn't have state premption in regards to knives (Other then in motor vehicles) and my local city ordinances don't mention anything that I can find is it safe to assume that the state law of any legal knife under 3.5 inches is ok to carry comcealed?
You are mostly correct. Colorado prohibits carrying a concealed weapon, including a knife, under C.R.S 18-12-105. A knife is a blade less than 3.5 inches: C.R.S 18-12-101(1)(f) defines a "knife" as follows: "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half...Read more »
Unless you are acting in self defense (acting reasonably against an imminent threat of injury to you or another) and did not provoke the fight, you could be charged with a wide range of offenses, depending on the severity of any injuries inflicted. A simple shove or push that does not cause pain...Read more »
If you were convicted, you cannot get the case dismissed post-conviction. You also cannot seal or expunge a felony conviction for this type of charge. There are a number of ways you could attempt to re-open the case, such as an appeal for ineffective assistance of counsel, but if 5 years have...Read more »
My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »
I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.
Your age does not matter under the requirements for sealing an MIP.
For a first offense, if the case was dismissed after completion of a diversion program or a deferred judgment and sentence, or if it was a conviction, after payment of the fine and upon completion of a court-ordered...Read more »
Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her...Read more »
None. The right to a speedy trial is not calculated at arrest. It is calculated after a plea of not guilty is entered at the first arraignment. It is six months after the plea of not guilty is entered.
HB19-1263 which just passed in Denver, states a person may vacate their felony if they have less than 4 grams of a substance... well that is the case with me and I completed all the stipulations of the charge but my charge was in Arizona not Colorado. Can I move the case so that I can vacate it?... Read more »
I am sorry to say that this is not legally possible. Colorado and Arizona are completely different states - "sovereigns" and Colorado law cannot be applied to Arizona convictions and vice versa. If this was a Colorado conviction and the case was transferred for probation supervision as an example...Read more »
There are not enough facts provided. The answer to a question such as yours is completely dependent on the facts. There are any number of scenarios where what you describe would be a reasonable and appropriate use of force and any number where it would be an unreasonable and inappropriate use of...Read more »
An excellent question and one the courts have struggled with. A more accurate way to describe the reality of the situation is "a public defender will appointed if you qualify based on their income guidelines".
There are many people charged with crimes whose income is too high to qualify...Read more »
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