Lawyers, Answer Questions  & Get Points Log In
Colorado Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in Criminal Law for Colorado on
Q: if you represent yourself at your first court appearance is the district attorney obligated to discuss directly to you
Richard Huttner
PREMIUM
Richard Huttner
answered on Jun 4, 2022

If you do not intend on hiring an attorney, the district attorney may discuss the matter with you. If you let the district know that you are hiring an attorney, the district attorney ethically should not speak with you regarding the matter.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
Q: My ex-girlfriend stole my cat. Can I get my cat back?

My ex-girlfriend showed up to my apartment uninvited requesting to retrieve the remainder of her items. I allowed her in and she ended up staying a while. I had fallen asleep and when I woke up, my ex and my cat were both gone. I had adopted the cat after we broke up and have documentation that I... Read more »

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

Yes you can still sue her for replevin. I’d also add claims for civil theft (possibility of being awarded attorney fees and triple damages), and also a claim for conversion which has a different mental state requirement than civil theft. The key is getting a show cause hearing set.

The...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a sheriff department deny an inmate any and all phone calls? I was told my son has not " earned" phone privileges.
James W Newby
James W Newby
answered on May 4, 2022

You are not the first person to be confused by the inmate phone system. First off, the inmate must call you. You cannot call the inmate. Calls are not free so payment must be arranged for the inmate to call you.

If you deposit money online in the INMATE ACCOUNT then they have the freedom...
Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Boyfriend was accused of SA to a child in 2019.

Douglas T. Cohen
Douglas T. Cohen
answered on Mar 27, 2022

sorry to hear this. Do you have a question or are you seeking legal counsel for him?

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Hi I had a civil order of protection against me in Colorado and it was dismissed. Can I legally contact my ex

Ok so this was a domestic violence case in Colorado. I was never arrested or charged with any crime .This has all been civil .And the civil order of protection was dismissed by the judge.So I assumed I could then contact my ex girl friend. Then a da investigator says pending charges are under... Read more »

Douglas T. Cohen
Douglas T. Cohen
answered on Mar 26, 2022

Good day. Sorry you have this confusion but also not sure what you are asking. It sounds like the court and sheriff have already told you there is no criminal or civil protection order prohibiting contact.

However, you say that they also informed you, which seems accurate, that if you...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Criminal Law for Colorado on
Q: If you're arrested for drug possession, is a drug test administered? If so, what happens if you pass it?

Would the charges be lesser, or could it be argued you had intent to distribute if you had drugs on you but none in your system?

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

This is a general answer to your question and not specific to your jurisdiction. However, drug possession is drug possession. It doesn't require one to use the drugs. Intent to distribute is generally based on the amount of drugs a person is possessing. If you have a pound of meth, and you... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: My husband and I were married in TX and shortly after moved to CO. Not long after arriving in CO he became extremely

Controlling and verbally abusive. I left him but neither one of us ever filed for divorce. In the midst of me leaving he stole $6000 from me. I have since moved back to TX and was just informed that he has remarried and confirmed it via records search in El Paso county. Can he be married to both of... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Dec 14, 2021

His second marriage is void if you were not divorced. What to do depends on what your goals are.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
PREMIUM
Patterson S. Weaver III
answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: In Colorado is an officer allowed to enter your vehicle after it's been locked after you've been taken to police station

Officer entered through sunroof search my vehicle per witness in a store they thought was closed

Philip M Smith
PREMIUM
Philip M Smith
answered on Aug 10, 2021

Not without probable cause and some exigent circumstance, a search warrant, or consent.

1 Answer | Asked in Criminal Law for Colorado on
Q: I appeared in court on a probation violation hearing, status update scheduled for 8/23, however discharge sentence 8/7

I appeared in front of the judge today on a probation complaint hearing in which the judge moved forward with a status update hearing scheduled for August 23rd. However, My sentence will discharge on August 7th. So not sure what this means. I was not notified today that I will not be discharging on... Read more »

Richard Huttner
PREMIUM
Richard Huttner
answered on Jul 26, 2021

You should show up to court on August 23, 2021. Since any violation of probation is claimed to have happened prior to your discharge date, you continue to be on probation. You are entitled to be advised regarding how you violated probation. You are presumed innocent and sometimes a modification... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Person A got into an argument with Person B. Person B pointed a gun at person A.

Person A then went into their apartment unloaded the clips and threw the guns into a field. How much trouble is person A in?

Sean Maye
Sean Maye
answered on Jul 19, 2021

The answer to this question requires A LOT more information. Some of the questions I would need answered are the following: Does person A live with person B or did the person A trespass into person B's home to get the gun and clips? What is the nature of the relationship between person A... Read more »

1 Answer | Asked in Copyright, Sexual Harassment and Criminal Law for Colorado on
Q: What can I legally do if someone sends themselves naked photos of me without my consent?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 11, 2021

Talk to the Police and an attorney!

2 Answers | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Can a person be charged with “eluding” if the officer never turned on his sirens, lights, or used any other method?
Philip M Smith
PREMIUM
Philip M Smith
answered on Jul 3, 2021

The answer is no.

The law says "knows or reasonably should know that he or she is being pursued" is the felony statutory language.

"...Who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Colorado on
Q: Cspd detectives lied on a sworn affidavit to a judge and misled the judge about my criminal history to aquire a warrant
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 22, 2021

And your question is? If there's been an arrest and the District Attorney is pursuing charges, then you have a right to defend yourself on the charges and your best way to do this is to get legal counsel to represent you. Discuss the false allegations and the lies with your legal team. If... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get a case closed by providing the DA info on a high priority cold case?

Me and my fiance have criminal cases open, non violent. He is currently in custody. I was wondering how it works to give the DA information as a trade to having him released and our cases closed. The information I have is on a high priority cold case, they recently offered a high reward for... Read more »

Philip M Smith
PREMIUM
Philip M Smith
answered on Jun 7, 2021

No DA will make a promise based on the vague information you are willing to share. You need to have a criminal defense attorney try to negotiate this for you. It may not be possible.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.