Lawyers, Answer Questions  & Get Points Log In
Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: Can a prosecutor and judge arraign someone for a crime,who they are using in a different case as their prime eye witness

The state prosecutor was using someone as their prime eye witness for a murder case After the witnesses testimony, the same prosecutor and judge arraigned the witness on drug charges and failure to appear in court. Is this practice illegal and can their be an agreement with the witness for their... Read more »

Gary Kollin
Gary Kollin answered on Aug 6, 2019

Not illegal and yes they can

1 Answer | Asked in Banking, Criminal Law and Federal Crimes for Colorado on
Q: My ex-husband had $742, plus 5 overdraft fees at $35 each, spent from his debit card. He reported the fraud to the bank.

He cancelled his card. Now it turns out, our 17 year old son spent the money. Is this a felony and what do we do?! Will the bank file charges?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

This family situation is what the world calls a dilemma. However, as long as the bank did not lose any money they should care less. Use this as a teaching time for the kid--before he leaves the nest.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My charge is injury by property in Aurora. I chose a trial by jury. What should I do to prepare?

I am a school teacher, no prior problems with my new husband. i replaced his phone I broke. I was offered yr probation & classes. That's extreme so I chose trial by jury but very nervous. I'm an asset to society not a liability, what are my chances for only community service and fine?

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

If the judge finds that the breaking of the phone was an act of domestic violence, the classes and probation are mandatory. So, I'd say your chances of community service and fine only aren't great. I would suggest that you meet with an attorney, if you aren't already represented, to prepare you... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Can a juror in one criminal trial be on another jury in another criminal trial in a different county at the same time?

During my criminal trial where I was representing myself pro se after having insufficient councill during the entire court hearings

my trail was interrupted ..I was informed at the end of my trial by a district attorney from another county who walked into the courtroom to inform my judge... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 19, 2019

There is nothing that would automatically prevent a juror from serving on your jury simply because they have a pending case in another county or make this a conflict of interest. Generally speaking, the juror should not be talking on the phone during deliberations (which is likely why the other... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can you be convicted in a crime if there was no victim can the district attorney stand up and say that she is victim

If there was no dead body nobody got hurt no property or anything that damaged how is there a victim in this crime when asked for the victim to be brought forth in front of me in trial the district attorney stood up and said that she was the victim representative for the state.. is that even legal... Read more »

Jonathan Greenlee
Jonathan Greenlee answered on Jul 19, 2019

For this type of charge, there would never be a "victim"- the "victim" is the state, as the prosecutor said. There are many crimes like this- a DUI without an accident, for example, does not have a person who is a victim, the victim is the state as a whole, represented by the prosecution.... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: What if the land wasn't occupied?

Person I know is getting tried for 2nd degree burglary when the land was unoccupied.

Jonathan Greenlee
Jonathan Greenlee answered on Jul 10, 2019

2nd Degree Burglary under C.R.S. 18-4-203 requires entry into a " building or occupied structure."

“Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not it is a “building,”...
Read more »

1 Answer | Asked in Family Law and Criminal Law for Colorado on
Q: Daughter has a court date but is moving with her father from another state before that date, will she still need to go?

My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 9, 2019

Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.

1 Answer | Asked in Criminal Law for Colorado on
Q: I am currently on probation i just got a ticket for driving without a license in denver what will happen
Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court date. If... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband
Gary Kollin
Gary Kollin answered on Jul 8, 2019

You cannot file it for him. Only he can file it or a lawyer.

Obviously, this is the last chance he will have to get review.

If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.

If he is going to have any...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on
Q: If you are convicted of an attemted sexual contact misdemeanor 18-3-404 do you have to register as a sexual offender?

Attemted groping no contact happened

Jonathan Greenlee
Jonathan Greenlee answered on Jul 7, 2019

Yes, you will be required to register as a sex offender. If you have a prior conviction for an unlawful sexual offense you will be required to register for life. If you are convicted of the Class 1 Misdemeanor charge of Unlawful Sexual Contact 18-3-404, you can petition to de-register after 10... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I am on probation in Colorado. I also was sleeping out of my car. I couldn't handle it left with no permission to ohio

The dui was 2 years ago. I have finished everything up 27 hours of community service. How can I fix this

Jonathan Greenlee
Jonathan Greenlee answered on Jul 7, 2019

If you left the state without permission from probation, they will file a motion to revoke your probation and a warrant for your arrest. If you have finished almost everything, they may be willing to set a bond you can post on the warrant and let you finish probation successful, or terminate you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: My nephew has four counts of attempting to obtain a controlled substance via fraud. How much time is he likely to get?

We know that he will do time regardless, but are wondering whether to just let him use a public defender or get a lawyer.

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Criminal Law and Collections for Colorado on
Q: Can I be arrested for not paying restitution quickly?

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?

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Criminal Law for Colorado on
Q: How long does it take for a warrant to be made for an escape from community corrections in colorado
Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Criminal Law for Colorado on
Q: Reading Colorado law It is legal to carry a fixed blade concealed in Colorado as long as its blade is under 3.5 inches.

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?

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: If I get into a fist fight with my girlfriends brother in their parents house, what happens if police get called?
Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Criminal Law for Colorado on
Q: How can one, 5 years post conviction, get a felony case dismissed?

I cared for my parents, in their home, for years, without pay. I was convicted of using > $1K and

Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

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 »

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

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.