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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

James L. Arrasmith
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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More

James L. Arrasmith
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answered on Nov 16, 2023

In the U.S. legal system, the ethicality of a judge's decision to allow an additional charge close to the trial date can be complex and depends on various factors, including the nature of the new evidence, the procedural rules of the jurisdiction, and the specifics of the case.... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More

Reid DeChant
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answered on Nov 16, 2023

Where is your attorney during all of this?

If a DF1 charge was added, you can and should request a preliminary hearing. As you mentioned, a DF1 qualifies for a preliminary hearing. At that hearing, you or your attorney preferably, can argue there is no probable cause to allow such charge to...
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1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: Can plea deal in CO criminal case be seen as admission of guilt?

I am being accused of criminal mischief for allegedly keying a car, but I did not do it. Instead, I drew in the dirt on the vehicle as it was parked in my assigned space. I called the police twice for advice before this incident, inquiring about placing a parking violation sticker or deflating the... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Feb 28, 2025

I don't practice criminal law, but I think you may need a deal to plea "nolo contendere" ("no contest") to the charges to avoid admitting the facts. Typically, as I understand it, to enter a plea, you agree to the facts as charged. And, if that's correct, when they... View More

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: - ""Seek Legal Advice:** Consult a lawyer who specializes in harassment or civil rights. They can help you understand

-**Support Groups:** Look for support groups or organizations that deal with harassment or stalking. They can provide guidance and emotional support.

James L. Arrasmith
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answered on Jan 24, 2025

If you're dealing with harassment or stalking, it’s important to understand your rights and explore your options. A lawyer with experience in harassment or civil rights can help you navigate the legal process, whether you’re seeking a restraining order or considering other actions. They... View More

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: our security guards allowed to detain you and search you without a cop present if they say that you were trespassing, bu

This was the first time you have ever been to this building. They are trying to say you are trespassing because you went to another apartment that wasn’t the apartment you signed into as in the person that signed you in you are only allowed to go to their apartment and not other people’s... View More

James L. Arrasmith
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answered on Jan 18, 2025

Security guards generally do not have the same authority as police officers, which means they cannot detain or search someone without consent unless they have reasonable grounds, such as witnessing a crime or enforcing clear rules that were properly communicated. If the rules about staying within a... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Colorado on
Q: Should I serve 5-6 years for speeding and drinking on probation at 19?

If I'm on probation and I get pulled over for drinking and driving while speeding in a residential area at the age of 19 do I have to go to prision for 5-6 years? Will I get parole and what are the chances of getting out early? And my passenger who is 19 as well have to go to Prision for 3-4 years?

James L. Arrasmith
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answered on Jan 6, 2025

Facing charges for speeding and drinking while on probation is serious and can lead to significant consequences. Serving 5-6 years in prison is a possibility, but the exact sentence depends on the laws in your state, the details of your case, and your previous record.

Parole might be...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Colorado on
Q: I was entrapped by an alleged Lyft driver on 02/13/2024. She assaulted me and I got terrified and traumatized.

I need a pro bono criminal defense attorney. Will file in federal court. Someone please help me? I'm a disabled senior.

James L. Arrasmith
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answered on Jan 5, 2025

I'm truly sorry you've gone through this experience. Reaching out for help is a strong first step.

You can contact local legal aid organizations that offer free services to seniors and disabled individuals. Organizations like Legal Aid Society or your state's Bar Association...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Municipal Law for Colorado on
Q: This Thursday is the plea hearing of my offender. I don't agree with what they're offering. Do I have any say?

This is related to a DV case with my ex who is also the father of my children. It has been a long process and he has up the hearing on Thursday. Since our incident he has continued to pick up other cases and I don't feel that they are taking it seriously. I have expressed my concerns and to... View More

James L. Arrasmith
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answered on Jan 5, 2025

You absolutely have a voice in the plea hearing. You can express your concerns to the judge, either directly during the hearing or through your attorney. Make sure to clearly communicate how the situation affects you and your children.

If you feel that the current offer doesn't address...
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1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can cops claim one thing as probable cause (bombs) to search vehicle and change it to paraphernalia in plain view after
James L. Arrasmith
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answered on Jan 5, 2025

If you're facing a situation where police initially claim probable cause to search your vehicle for bombs and then identify paraphernalia in plain view, it's important to understand your rights. Probable cause must be based on specific facts that would lead a reasonable person to believe... View More

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can cops probable cause (bombs) to search your vehicle and change it (paraphernalia in plain view) after they search it
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answered on Jan 5, 2025

If police observe items like bombs or paraphernalia in plain view within your vehicle, they may have probable cause to conduct a search. Probable cause exists when officers have reasonable grounds to believe that a crime has been committed or that evidence of a crime is present. Seeing suspicious... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: when a check from the sale of cattle in a sale barn is deverted from the owners address to another, what is the penatly?

what is the range of jail time and fines?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 4, 2024

Your question is missing important facts, so an answer may not be possible. Some questions, the answers to which may help someone answer your questions. Do you mean diverted? How diverted? Was it just sent to the wrong address or was a different name on the check? How did the different address (or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a cop search my phone if I was showing them a post? He did have my phone in his hands but that was to show him..

Cop came to my house due to a firearm report, I do not have any firearms but I did make a post with an airsoft gun. The cop came over, I explained everything and showed him the post but he couldn't see due to the privacy screen. I handed it to show him, and he starts going through my... View More

James L. Arrasmith
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answered on Oct 19, 2024

You have the right to privacy regarding your personal devices. Generally, police need a warrant to search your phone, especially your private photos and data. Without your consent or a valid warrant, accessing your camera roll can be considered a violation of your rights.

However, there are...
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1 Answer | Asked in Criminal Law and Medical Malpractice for Colorado on
Q: Is there a such thing as a probono lawyer?
Tim Akpinar
Tim Akpinar
answered on Oct 14, 2024

A Colorado attorney could answer best, but your question remains open for a month. Yes, there is, but there are other common routes often followed in the categories you chose. The first category (1.) Criminal Law has public defenders, who could be assigned to a defendant by the government in lieu... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Can I move for a new trial?

Bought a car. The seller then reports stolen after the sale.

I had all documents to prove ownership.

The seller had so many inconsistency with there story.

The jury some how found me guilty cause I didn't respond to threatening messages from the seller.

The... View More

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

Please note that this is not my practice area, but time is important so I will toss out my brief analysis.

You may be able to request a new trial, but it's not guaranteed. In Colorado, you can file a motion for a new trial if you believe there were legal errors during your trial, like...
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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I have been under illegal surveillance for 19 months. I'm sure it's rural neuro transmitting. His name is Jeff S I belie

I was illegally targeted by an ex girlfriend

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like you're going through a difficult and confusing time. Being under any kind of surveillance without your consent is a serious issue, and it's important to protect your rights and privacy. If you believe that someone is illegally monitoring you, it might be helpful to document... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Colorado on
Q: I need an Experienced litigator that has experience with FCC laws, conspiracy laws, and privacy breaches. As well as

If the FCC handles (enforces) the telecommunications companies to pay people who's privacy they had breached, who holds the FCC accountable for federal conspiracy, and aiding and abetting a convicted Federal felon

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answered on Aug 31, 2024

To address the complexities of your situation, it's essential to find a litigator with deep knowledge of FCC regulations, privacy laws, and conspiracy statutes. You need someone who has successfully navigated cases involving telecommunications companies and their obligations under privacy... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Do I have to tell my lawyer that I just got a ticket in another county? We are set for traffic trial next month.

This may be a dumb question but I received a speeding ticket and I am extremely worried that it may damage my case.

I am currently fighting a speeding ticket (my most recent. it happened over a year ago). My lawyer recently entered in a not guilty plea so we are set for trial.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

A Colorado attorney could advise best, but your question remains open for a week. Yes, it would be better for your attorney to find out from you, rather than to be confronted with the information in court for the first time. Good luck

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Workers' Compensation for Colorado on
Q: So I have been in a motel for a little over 3months I pay 90 a day so how much is taxes
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answered on Mar 18, 2024

If you've been staying in a motel for a little over three months at a rate of $90 per day, calculating the total amount spent before taxes is the first step. To find this, multiply the daily rate by the number of days you have stayed.

The tax rate applied to your motel stay can vary...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on
Q: Can a competency hearing be scheduled when a motion hasn't yet been filed? Also,should it be on public docket website?

Docket search is how I found out, my public defender asked for this hearing 8 days ago and it's scheduled for this week, 13 days before commencement of my trial. But when I asked what her concerns were, she told me yesterday she had not filed the motion for it yet, and didn't give a clear... View More

James L. Arrasmith
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answered on Mar 6, 2024

In the legal process, it is possible for a competency hearing to be scheduled before a formal motion is filed, especially if the court or your defense attorney anticipates the need for such a hearing. This may occur in instances where concerns about a defendant's ability to understand the... View More

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