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Colorado Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Colorado on

Q: Can a juror in one criminal trial be on another jury in another criminal trial in a different county at the same time?

During my criminal trial where I was representing myself pro se after having insufficient councill during the entire court hearings

my trail was interrupted ..I was informed at the end of my trial by a district attorney from another county who walked into the courtroom to inform my judge... Read more »

Jonathan Greenlee answered on Jul 19, 2019

There is nothing that would automatically prevent a juror from serving on your jury simply because they have a pending case in another county or make this a conflict of interest. Generally speaking, the juror should not be talking on the phone during deliberations (which is likely why the other... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: How can you be convicted in a crime if there was no victim can the district attorney stand up and say that she is victim

If there was no dead body nobody got hurt no property or anything that damaged how is there a victim in this crime when asked for the victim to be brought forth in front of me in trial the district attorney stood up and said that she was the victim representative for the state.. is that even legal... Read more »

Jonathan Greenlee answered on Jul 19, 2019

For this type of charge, there would never be a "victim"- the "victim" is the state, as the prosecutor said. There are many crimes like this- a DUI without an accident, for example, does not have a person who is a victim, the victim is the state as a whole, represented by the prosecution.... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: What if the land wasn't occupied?

Person I know is getting tried for 2nd degree burglary when the land was unoccupied.

Jonathan Greenlee answered on Jul 10, 2019

2nd Degree Burglary under C.R.S. 18-4-203 requires entry into a " building or occupied structure."

“Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not it is a “building,”...
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1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: Daughter has a court date but is moving with her father from another state before that date, will she still need to go?

My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?

John Hyland Barrett III answered on Jul 9, 2019

Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.

1 Answer | Asked in Criminal Law for Colorado on

Q: I am currently on probation i just got a ticket for driving without a license in denver what will happen

Courtney Edwards answered on Jul 9, 2019

It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court date. If... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on

Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband

Gary Kollin answered on Jul 8, 2019

You cannot file it for him. Only he can file it or a lawyer.

Obviously, this is the last chance he will have to get review.

If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.

If he is going to have any...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Colorado on

Q: If you are convicted of an attemted sexual contact misdemeanor 18-3-404 do you have to register as a sexual offender?

Attemted groping no contact happened

Jonathan Greenlee answered on Jul 7, 2019

Yes, you will be required to register as a sex offender. If you have a prior conviction for an unlawful sexual offense you will be required to register for life. If you are convicted of the Class 1 Misdemeanor charge of Unlawful Sexual Contact 18-3-404, you can petition to de-register after 10... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: I am on probation in Colorado. I also was sleeping out of my car. I couldn't handle it left with no permission to ohio

The dui was 2 years ago. I have finished everything up 27 hours of community service. How can I fix this

Jonathan Greenlee answered on Jul 7, 2019

If you left the state without permission from probation, they will file a motion to revoke your probation and a warrant for your arrest. If you have finished almost everything, they may be willing to set a bond you can post on the warrant and let you finish probation successful, or terminate you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on

Q: My nephew has four counts of attempting to obtain a controlled substance via fraud. How much time is he likely to get?

We know that he will do time regardless, but are wondering whether to just let him use a public defender or get a lawyer.

Jonathan Greenlee answered on Jun 28, 2019

Public defenders are lawyers, and often very good ones. A private attorney generally will have more time- as you are paying them for their time- and a lower caseload, but a public defender has the advantage of being in the same courtroom every day and knowing how the judge and prosecutor will act.... Read more »

1 Answer | Asked in Criminal Law and Collections for Colorado on

Q: Can I be arrested for not paying restitution quickly?

I have two theft cases, one is 13 yrs old and the other 18 yrs. I have paid when I can. The county collections officer wants me to sign a contract to pay or they will arrest me or take my driver's license. Can either of those happen though I am paying on each case, just not what they want me to pay?

Jonathan Greenlee answered on Jun 28, 2019

Payment of restitution can be a condition of probation, and you can be arrested for violating probation by failing to pay restitution. If you were to contest the revocation of probation, the prosecution would need to prove at a hearing to a judge that this was a willful non-payment and you had the... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: How long does it take for a warrant to be made for an escape from community corrections in colorado

Jonathan Greenlee answered on Jun 28, 2019

It depends. In most cases, the warrant is issued quickly and you will be charged with the Escape case at around the same time you are in court to be re-sentenced to DOC on the remainder of your time. It does happen that there is a delay and the Escape charge will not show until you are re-paroled... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: Reading Colorado law It is legal to carry a fixed blade concealed in Colorado as long as its blade is under 3.5 inches.

Since colorado doesn't have state premption in regards to knives (Other then in motor vehicles) and my local city ordinances don't mention anything that I can find is it safe to assume that the state law of any legal knife under 3.5 inches is ok to carry comcealed?

Jonathan Greenlee answered on Jun 28, 2019

You are mostly correct. Colorado prohibits carrying a concealed weapon, including a knife, under C.R.S 18-12-105. A knife is a blade less than 3.5 inches: C.R.S 18-12-101(1)(f) defines a "knife" as follows: "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on

Q: If I get into a fist fight with my girlfriends brother in their parents house, what happens if police get called?

Jonathan Greenlee answered on Jun 28, 2019

Unless you are acting in self defense (acting reasonably against an imminent threat of injury to you or another) and did not provoke the fight, you could be charged with a wide range of offenses, depending on the severity of any injuries inflicted. A simple shove or push that does not cause pain... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: How can one, 5 years post conviction, get a felony case dismissed?

I cared for my parents, in their home, for years, without pay. I was convicted of using > $1K and

Jonathan Greenlee answered on Jun 28, 2019

If you were convicted, you cannot get the case dismissed post-conviction. You also cannot seal or expunge a felony conviction for this type of charge. There are a number of ways you could attempt to re-open the case, such as an appeal for ineffective assistance of counsel, but if 5 years have... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »

Douglas T. Cohen answered on Jun 7, 2019

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
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1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on

Q: I asked someone to appraise a bracelet now they do not want to return it after finding cost

Donald C Eby answered on Jun 6, 2019

Have you called the police?

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on

Q: Is a penalty assessment a criminal violation

I have a deferred sentence and one of the conditions is no criminal violations. I recently got a penalty assessment for fishing without a license and have to pay $70. Will this effect my deferred sentence.

Mr. H. Michael Steinberg answered on Jun 6, 2019

It should not. Technically a penalty assessment is a civil - not a criminal - offense. You should be - will be - fine.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Criminal mischief charges with domestic violence when I did no damage

Girl friends license suspended on jountly owner car and I pulled the plug wires off to disable it.

I got charged with DV citing criminal mischief for damaging the property of another. Pulling the wires off does not damage the car and she was going too drive it illegaly. I am... Read more »

John Kenneth Joyner answered on May 25, 2019

Based solely on how you describe it here, and if there was no damage, then this sounds more like tampering than criminal mischief. However, tampering is still a crime and they can charge it as DV.

Even a minor DV charge can have devastating effects on your life. You should hire an...
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1 Answer | Asked in Criminal Law for Colorado on

Q: Once a defendant accepts a plea bargain, the charge and its terms, is it a done "deal"?

Is there nothing else the defendant can do after accepting the plea bargain?

Bernard Crane answered on May 23, 2019

I think your question is, can you withdraw from a signed written plea agreement PRIOR to actually pleading guilty before the judge.

Generally, you can change your mind up until the moment in the plea hearing where the prosecutor reads the proffer of facts and the judge asks "how do you...
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1 Answer | Asked in Criminal Law for Colorado on

Q: When i turn 18 will an mip get expunged from my record?

Brian K. McHugh answered on May 19, 2019

Your age does not matter under the requirements for sealing an MIP.

For a first offense, if the case was dismissed after completion of a diversion program or a deferred judgment and sentence, or if it was a conviction, after payment of the fine and upon completion of a court-ordered...
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