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Colorado Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Colorado on
Q: I have been accused of causing an accident that left my son dead and other people injured but I was avoiding another car

I happened to swerve my car so that I could avoid accident that I crossed the median and hit another oncoming car. I have been held liable and the police was told that I was driving on the wrong side of the road when this happened,which wasn't true. I am seeking legal advice

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Jun 13, 2020

Hire a lawyer. I don’t practice criminal defense. But I have some experience in that area. You need to get a lawyer and quit posting about your case in public arenas, like this. If you cannot afford a lawyer, apply for a public defender. You need a lawyer asap.

1 Answer | Asked in Criminal Law for Colorado on
Q: Can the DA use old non convicted cases against me in court on a new case?

Also curious as to if its legal for my attorney to speak with the da about things I said to him in confidence and reasons as to why my paid attorney would be working against me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jun 13, 2020

The answer to the first question depends on whether the old cases are relevant and admissible at trial. In most instances the hurdles to admitting that kind of evidence are insurmountable.

As for the second question - if you tell your lawyer something you want kept confidential that...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Is it illegal to block a road? If so, then is it illegal to hit someone blocking the road? Does speed matter?

After seeing the footage of a lady in denver swerving to hit a protester, I wondered what kind of legal trouble that person could get into.

If I am driving on the highway at 65 MPH and someone leaps in front of my car, I would assume I wouldn't be charged with manslaughter. Does the... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Jun 2, 2020

There's a "last clear chance" doctrine that says, basically, if you can avoid a crash or if you can avoid hitting the person, then it's illegal. The video you refer to involved a driver who appeared to purposely hit the person. If it can be proved in court that she did so on... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Identity Theft for Colorado on
Q: i do not know what type of case this is: divorce with credit cards taken out in my name without my consent
Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. If credit cards were procured under your name without your consent, that is a criminal matter.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: son incarcerated fines waived because he is indigent others denied why and is there anything else he can do ?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

Some fines are mandatory and cannot be waived, even if indigent. Best thing he can do is get on some sort of payment plan with the court.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Colorado on
Q: Is blasting an air horn outside of an elderly handicapped persons dwelling on a daily basis considered assault?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

Potentially. Criminal assault occurs when a person knowingly or recklessly causes bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical or mental condition. More likely though, this is a noise violation - either Disorderly Conduct... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My husband, who is 80 yrs. now, was convicted of stealing a saddle when he was 18. He served jail time, and probation.

Just recently, we have found out that this is still on his record. Is this correct, since he fulfilled all of his obligations at that time?? Can he get this erased, or shouldn't it have been taken care of 62 yrs. ago??

Douglas T. Cohen
Douglas T. Cohen answered on Apr 14, 2020

The short answer is: It depends. It depends on whether the "conviction" was permanent or some other type of plea (deferred, dismissed) and if he really was 18 or a juvenile under 18.

Also, it depends on the level of "conviction." In recent years, the laws have changed...
Read more »

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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