Will I serve all 58 days? If so, how many is likely??
answered on Jan 20, 2020
If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.
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... View More 
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.
after sentencing (public defender) lack of representation
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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.... View More
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answered on Oct 12, 2019
In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.
Owi is operating while intoxicated. Dui is driving while intoxicated. Also if I got sentenced to a Dwai meaning driving while ability impaired is that the same thing
answered on Jun 6, 2019
Based on what you wlhave written here, you are likely facing a 2nd DUI or DWAI in Colorado. You should contact a private attorney or public defender to help you.
Grandson arrested. Refused all tests. Police noted that he refused breath and blood test. He was taken to jail and the jail called the ambulance to take to hospital for test he had already refused. He refused again at hospital and cop drove him back to jail. Got bill for ambulance ride. Did not pay... View More
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answered on Apr 27, 2019
In a word. - yes. If your son required medical attention (that would be the issue) he could be liable for the bill. It would depend on the facts of the case. H
22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06
answered on Apr 8, 2019
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.
However, you should... View More
I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... View More
answered on Apr 8, 2019
On your first appearance, the court will ask you whether or not you want to hire an attorney. If you cannot afford an attorney, the court will ask you to fill out a form so that a public defender could represent you.
Thus charging me with a 4th for a present DUI in CO. & a felony? If this isn't legal do I have recourse to this injustice, after taking a plea bargain?
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answered on Apr 6, 2019
If the person convicted has ANY DUI convictions over their lifetime in any state - the judge is required under Colorado law to sentence that person under enhanced sentencing guidelines.
It is not a matter of choice for the judge - it is mandatory.
answered on Jan 28, 2019
Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.
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answered on Oct 26, 2018
The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/
There are no priors. I had the book thrown at me 85 hours community service Interlock system 2 years, 24 hours at education glasses, 52 hours therapy classes, MADD panel, random uas etc etc all because I refused the chemical test at the time of arrest. It seems like a violation of my personal... View More
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answered on Oct 26, 2018
Unfortunately it is not only legal it is very commonly the case. You cannot drink alcohol anywhere. When you accept probation - you accept the conditions of probation. In a DUI case it is within the Judge's discretion to order everything in your post. I wish it were different. Good Luck.
My court date is set a month after my 18th birthday. All I had was a couple gs of marijuana and paraphernalia. Also what kind of charges could I get since this is my first offence?
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answered on Sep 17, 2018
The DUI and the MIP will be prosecuted in misemdeanor court not juvenile court. Depending on the amount of alcohol alleged to have been in your system the case may be prosecuted under the lower standard for juveniles known familiarly as a “baby DUI” - but that is the exception. Most likely... View More
answered on Aug 31, 2018
If the DMV makes an administrative finding that you were driving under the influence, you will lose your license immediately. This typically happens when you take a chemical test or refuse testing. Revocation for breath tests above .08 and refusals happens immediately, at which point you are... View More
answered on Aug 31, 2018
Nothing. You will still have a warrant for your arrest regardless of who issued it. If you want to get rid your warrant, you should hire an attorney to file a motion to quash for you. If not, you can always turn yourself in, bond out, and get a new court date.
I have a DUI from 2003, can that still be used against me?
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answered on Apr 27, 2018
Yes, for most misdemeanor charges the statute of limitation is one year. However, if your charge is a potential felony DUI, the State would have three years to file (in Nevada).
answered on Oct 25, 2017
Typically, a first time DUI is a misdemeanor. However, it can be bumped up to a felony if there are injuries involved, or this is a 4th or subsequent DUI/DWAI.
Trial was continued 4 times first blood test people didn't show second cop didn't show third blood people didn't show and fourth DA DIDN'T show and my lawyer was late and the judge told me in his own words he is waiving my right to speedy trial not sure how but he will find... View More
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answered on Aug 10, 2017
You need a new lawyer, but this one will be looking at your case to see if your previous lawyer was ineffective, in not securing the dismissal for lack of a speedy trial.
Look at Super Lawyers and try to find an attorney who is an expert in attorney malpractice. It may be that the... View More
Trial was continued 4 times first blood test people didn't show second cop didn't show third blood people didn't show and fourth DA DIDN'T show and my lawyer was late and the judge told me in his own words he is waiving my right to speedy trial not sure how but he will find... View More
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answered on Aug 10, 2017
First, get a different criminal lawyer. You need someone with experience, and who understands appeals.
Claim ineffective assistance of counsel, on the first attorney, and let the new lawyer try to get rid of this case.
answered on Aug 8, 2017
It depends on the facts of the case. There are not magic tricks in law. Contact an attorney to review your case (expect to pay for more than a quick review of case).
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