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Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: In Colorado I was pulled over for expired tags less than 6 months and they ordered me out of the vehicle did I have to

Get out ?They then impounded my vehicle and searched it

Thomas Cantley
Thomas Cantley answered on Oct 27, 2020

You are describing search and seizure, both of which must be reasonable under the state and federal constitutions.

It sounds like the police did not have an arrest warrant for you or a search warrant for your car. There are a number of circumstances that might allow the police to do what...
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1 Answer | Asked in Criminal Law for Colorado on
Q: What Happens If I was court order to have fingerprints done within 14 days but I didn’t not make it in that time period?

I didn’t receive this court order until October 19 but it was ordered on October 08 and I went to the police station and the lady notified me I only had 14 days -and not one more day (which is how it states in the order) from the day it was signed but it was already the 23rd (a day late)

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 25, 2020

It does not matter. Given the effect of the Pandemic on the Colorado court system - the Judge will have no problem as long as they are done and filed with the court. Don't worry - this is very common. Best

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What are the codes on probation extension and can it exceed the max sentence of the crime
Douglas T. Cohen
Douglas T. Cohen answered on Oct 12, 2020

Good day, The short answer is "it depends, more info is needed."

The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: i had demestic violance charg in 2007 did not get to court till 2020 what year law do i fall under
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 5, 2020

The law in effect at the time of your alleged crime. There may - however - be an argument that if the law changed and is now more lenient - you should fall under the revised law. This issue is very fact-specific. Best H

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2020

You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: When a lawyer continuously asks for a continuation on a case, what help if any is that to the defendants case?
Matthew Williams
Matthew Williams answered on Aug 27, 2020

It can be helpful to the defense to delay. First, people cool down. Right when things happen the victim is often out for blood. Like anyone else, they cool off and move on to new business as time passes. A prosecutor is much more likely to give the defendant a break, if the victim isn't... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Colorado on
Q: I'm being charged with this crime. What punishment can I expect to receive
Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You have not identified the crime, however even if you had, the answer is going to be that it depends on what the evidence will show.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: can a parent take kids away when a custody agreement is in place when there is a non felony court date

This weekend was his visitation and he decided to keep my daughters when we have a custody agreement in place, i was not notified of anything until i contacted him waiting for my daughters to show at the arranged spot and he waited 45 min or more to message me after i texted and sent message over... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 28, 2020

It is not entirely clear what happened however if there is an issue of child abuse on your part there are situations where you could be prevented from contact with the children.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... Read more »

Donald C Eby
Donald C Eby answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

1 Answer | Asked in Criminal Law for Colorado on
Q: I'm having an interstate compact transfer filed CO-FL. Deferred sentence on felony drug case with no priors. Early term?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

Deferred Judgments and Sentence agreements are for exact periods of time. They are like contracts - the length of which all parties must agree. If you are seeking early termination of a DJ and S - the prosecuting attorney and the judge on the case must all agree to the change in the length of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do I find out about felony convictions?? (Court records, transcripts, verdict, appeal info, etc.)?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

Try this website for some of those things - www.cocourts.com

1 Answer | Asked in Criminal Law for Colorado on
Q: Would the Romeo and Juliet law protect someone if the age gap was 16 and 19?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

If the question is pursuant to Colorado law - the answer is yes. A 16 year old and a 19 year old can have consensual sex. Trying not to be an old fogie - but having said that - There are many other issues the law does not address - it might be something you want to carefully consider first for... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Anyone can report a crime to the police.

1 Answer | Asked in Criminal Law, Divorce and Wrongful Death for Colorado on
Q: What is the right way for the parents of the victim to approach County DA to claim murder by her cop husband vs suicide?

MINNESOTA CASE VS. PEACE OFFICER, ROGUE COP

Private invest results show suspect to have ended his last three marriages with a Chapter 7 bankruptcy, establishing a modus operandi of using his past wives to bankroll personal improvements in his education, motorcycles, houses...all ending in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

If you believe a crime has been committed, then you should report it to the police.

1 Answer | Asked in Child Custody and Criminal Law for Colorado on
Q: My 16 yr son is on probation can I send him to brother in WV and how do I legally?

He’s on probation for 10 more days his po wont call me back he’s complied with all requests but he’s sneaking out at night he’s getting into trouble with me and I fear he’s only going to get worse. My brother is here from WV and we would all like him to go with him and I need to know how... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

This is really more of a criminal law question and depends on the terms of the probation. Often a person can not leave the state while on probation. This is a question for the PO.

1 Answer | Asked in Criminal Law for Colorado on
Q: What is the result for a first offense, clean record Minor In Possession (alcohol) received 2weeks before 21st bday?

My son received a MIP offense for alcohol 2 weeks prior to his 21st Bday. He was inside his residence (rented condo). The police arrived because of a noise complaint. He has no prior offenses, clean driving record, etc. Due to appear in Superior CO court - what is the expected penalty for 1st... Read more »

Russell Hebets
Russell Hebets answered on Jul 2, 2020

The very likely offer would be a dismissal after he completed some condition (alcohol class, community service, etc.). If you don't receive that offer without an attorney, then you should consider hiring one, otherwise an attorney shouldn't be necessary.

1 Answer | Asked in Criminal Law for Colorado on
Q: Questions regarding laws around register sex offenders in Colorado.

A neighbor of mine wants to move in with her boyfriend, he is a registered sex offender in Colorado. With past charges of sex crimes against minors Does he have to notify the sex offender registry that there will be a minor in his home. Also they are getting ready to have a baby together is he... Read more »

Cindy Perusse
Cindy Perusse answered on Jun 15, 2020

That's more a question for a criminal law attorney. Sex offender registry requirements are not part of family law. But, any concerns you have about the safety of the child should be raised with DHS or his Probation officer if you can find that contact.

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