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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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