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Colorado Criminal Law Recent Legal Answers from Lawyers

Colorado Criminal Law Recent Legal Answers from Lawyers
I doubt there will be an agreement to drop it to "littering" - in my experience that would be unusual. It depends a lot on the Court you are in, but it may be possible to negotiate a "deferred sentence" which is where a person pleads guilty but the sentence is deferred. Conditions are attached to the probation on the deferred sentence - like a "petty theft class", community service, etc. If those are successfully completed in the time required, then the guilty plea gets withdrawn, and the charge is dismissed, leaving no conviction at all. It is then possible to "seal" the record by filing additional paperwork at the end, which removes the case from the public record and you do not have to disclose it on future application for apartments, jobs, etc. ... Read More
I doubt there will be an agreement to drop it to "littering" - in my experience that would be unusual. It depends a lot on the Court you are in, but... Read More
Once you get a Protection Order, it will likely have a certain distance she must stay away from you.  If she violates the protection order, it is somewhat easier for her to be charged with a crime - i.e. Violating Protection Order. 
Once you get a Protection Order, it will likely have a certain distance she must stay away from you.  If she violates the protection order, it... Read More
The sexual assault laws relating to this area of law are farily complex and incest may not apply, as also sexual assault on a child. However, any unwanted 'sexual contact' (touching of breasts, buttocks, genitle area, eetc. - over or under the clothes) can be a crime and if reported to the police may lead to charges against the cousin. Charges would also carry a 'protection order' excluding him from being in contact with you and also not being in the same home as you. ... Read More
The sexual assault laws relating to this area of law are farily complex and incest may not apply, as also sexual assault on a child. However, any... Read More
If the amount you seek from the other person is less than $7500 (in Colorado) you can pursue the case in small claims court, which is a simplified process and pretty straight forward (actually much like the TV shows - Judge Judy, People's Court, etc.). Go to your local court clerk's ofice for the forms or go to the State Court website and pull down the forms off of the "self - help" menu.  It is too bad you dropped the charges - it is always ordered that a defendant pay restitution as a part of any resolution of the case. ... Read More
If the amount you seek from the other person is less than $7500 (in Colorado) you can pursue the case in small claims court, which is a simplified... Read More
You can try but don’t be surprised if it does not work, since the charges were dismissed once. While I do not know the facts of the case your boyfriend is pursuing, you may be able to defend it claiming to be a self-defending victim, rather than an offender of DV.  You need a lawyer familiar with this option.... Read More
You can try but don’t be surprised if it does not work, since the charges were dismissed once. While I do not know the facts of the case your... Read More
The fact you do not like the deal you took does not really change the requirement to comply with probation. Depending on the county, the extent of the non-compliance (just one missed drug test?) it might be possible to get back on track and not have probation revoked. If you want to try to 'undo' your deal, that is a very steep climb and likely not possible, but a new lawyer can look into it and advise you what your chances of undoing the deal is and starting again.... Read More
The fact you do not like the deal you took does not really change the requirement to comply with probation. Depending on the county, the extent of... Read More
Most court's have a process that allows a person who missed a court date to get back on the docket by showing up in Court on a certain day and time (maybe in the court you are in they do that Monday through Thursday).  At that time it is typical that the court 'quashes' the warrant (you are not arrested) and gets the case back on track, which often invovles talking to the prosecutor to see what resolution can be reached.  So it sounds like they have that process. ... Read More
Most court's have a process that allows a person who missed a court date to get back on the docket by showing up in Court on a certain day and time... Read More
Sounds like the charges are out of Weld County so I am not surprised he was not told he had charges 'out of the springs'.   It could be as simple as him missing a court date on a traffic ticket, to as complex as a serious allegation against him. The charges are a public record so you could call the court clerk in Weld County and ask what heis charges are.   (970) 475-2400... Read More
Sounds like the charges are out of Weld County so I am not surprised he was not told he had charges 'out of the springs'.   It could be as... Read More

Who can help me?

Answered 3 months ago by attorney David B. Harrison   |   1 Answer
If you qualify for the public defender to represent you, use them.  If not, meet with a lawyer who practices in the Court you are charged in and at least get some advise after they learn the full story.
If you qualify for the public defender to represent you, use them.  If not, meet with a lawyer who practices in the Court you are charged in and... Read More
I can assure you that no lawyer would keep a case if there was a real conflict as they would not want to jeopardize either client, nor put thier law license at risk.   If the Court appointed this lawyer, and you do not want him as your lawyer, really your only option is to hire your own (I realize you may not financially be able to if you qualified for a court appointed lawyer). I would trust the lawyer you have. ... Read More
I can assure you that no lawyer would keep a case if there was a real conflict as they would not want to jeopardize either client, nor put thier law... Read More
The first thing you need to do is fight any charges that were filed against you.  A lawyer can advise you if and when filing a complaint against the officer for his actions would be appropriate.  You could file an internal affairs complaint with his department and possibly a civil lawsuit, depending on the facts. Before filing a civil lawsuit you would need to provide a proper notice as required by statute, within 182 days of the incident you complain of. Get with a lawyer quickly. ... Read More
The first thing you need to do is fight any charges that were filed against you.  A lawyer can advise you if and when filing a complaint against... Read More

Did the cop unlawfuly obtain his evidence

Answered 4 months ago by attorney David B. Harrison   |   1 Answer
Possibly the cop violated your rights - but the laws of the state where you were stopped will be most important - hire a lawyer in that state. 
Possibly the cop violated your rights - but the laws of the state where you were stopped will be most important - hire a lawyer in that state. 
There is a time limit for filing to challenge a plea or a sentence, and that time period has no doubt long since passed.  It might be possible to pursue a remedy in some other way, and you would want to talk to a lawyer with expertise in post-conviction matters. 
There is a time limit for filing to challenge a plea or a sentence, and that time period has no doubt long since passed.  It might be possible... Read More
If you are the 'surety' on her bond with the court, then you need to take her to court and notify the court that you do not want to be on the bond anymore.  If you are the 'guarantor' with the bondsman, then you need to tell the bondsman that you no longer want to be the guarantor on her bond and see what they will require for you to be removed. It is likely they will require that you show up at their office with her, and turn her over to them. She would then be jailed again, until she can post the bond again. if she cannot post the bond, then she will wait in jail for her court date. ... Read More
If you are the 'surety' on her bond with the court, then you need to take her to court and notify the court that you do not want to be on the bond... Read More
It likely depends on how old the transcript you need is.  There was a point when all Colorado courts used live court reporters to take down the notes of a hearing. If the hearing is very old, the court reporter may have retired or even died.  The records may be unavailable. After a point, many hearing were recorded - first by cassette tapes, then on computer MP3's and other computer programs.  Sometimes the recording devices did not work properly so no transcript can be made.  Sometimes the recordings are destroyed after a time period. It sounds like you are doing what is possible to do by requesting a court order. I am not sure how much a lawyer can help, but a lawyer in the area near the court where the eharing was held might help. ... Read More
It likely depends on how old the transcript you need is.  There was a point when all Colorado courts used live court reporters to take down the... Read More
I have never heard of a case being overturned, or a plea being allowed to be withdrawn, due to the defendant not receiveing copies of the discovery. If she was represented by the public defender, or possibly even by a private lawyer, and was in jail, then the public defender has a policy against giving people their discovery due to concerns that other inmates could get ahold of the discovery and make up stories about things the defendant said (to better their own situation).  However, they most certainly will have discussed the contents of the discovery with her. If she truly was never told what the discovery said, and IF there is something in the discovery that would cause her to have done something different than she did, it MIGHT be a basis for trying to re-open the case (withdraw her plea and start again). However, if that is allowed, there is no promise that the new outcome will be better than the plea she took orginally.  And such process can be very expensive to pursue. ... Read More
I have never heard of a case being overturned, or a plea being allowed to be withdrawn, due to the defendant not receiveing copies of the discovery.... Read More
It is certainly possible you could get in trouble for it - even if that seems unfair.  I suppose you could be charged with Theft if the police beleived you did not have authority to take it.  There is also a crime of "False Information to a Pawn Broker" depending on what you said on the paperwork filled out for the pawn broker.  But having the text that apparently says you can pawn the computer to cover part of his rent is important, depending on exactly what it says.... Read More
It is certainly possible you could get in trouble for it - even if that seems unfair.  I suppose you could be charged with Theft if the police... Read More
Seems to me you should ask the Sheriff that issued the CCW permit whether you can carry this weapon or not.  That would be the best answer since they are the ones that enforce the CCW permit.
Seems to me you should ask the Sheriff that issued the CCW permit whether you can carry this weapon or not.  That would be the best answer since... Read More
It is unclear to me why you think the court date was vacated (and why the judge doesn’t). Did you get a piece of paper saying it was vacated? If so, take that to the Court and show it to them. If not, then if you know who told you it was vacated and when and why, tell them that.  I would show up immediately at the court and get the case back ion track to avoid a warrant - or hire a lawyer to straighten it out.... Read More
It is unclear to me why you think the court date was vacated (and why the judge doesn’t). Did you get a piece of paper saying it was vacated?... Read More
It really depends on a lot of factors whether you can get the case dropped.  Those factors include what court it is in, who the prosecutor is, what your prior record is, what the prior record of the other person is, what the setting of the incident was (sporting event, on the street, in a restaurant, etc.) etc. I don't think you can get it dropped by handling it yourself - I think you'll need to have a lawyer to figth for you.... Read More
It really depends on a lot of factors whether you can get the case dropped.  Those factors include what court it is in, who the prosecutor is,... Read More

Records sealed

Answered 7 months ago by attorney David B. Harrison   |   1 Answer
Only certain cases can be sealed in Colorado. It would take looking at each case individually.  The Colorado Criminal Defense Bar does periodic clinics where they will look at people's records and tell them what can and cannot be sealed - and help them do it if sealing is possible.  Maybe go on their website or watch for when there is the next clinic. ... Read More
Only certain cases can be sealed in Colorado. It would take looking at each case individually.  The Colorado Criminal Defense Bar does periodic... Read More
You can try to fire your lawyer on the day of sentencing but it would be best to do so before then. Also best to find another lawyer to take over your case, have that lawyer talk with the first lawyer and substitute as your lawyer.  It is always hard to withdraw a guilty plea once it is made so do not expect that to be easy.  Maybe a "second opinion" is best to see where you stand, whether there is a way to withdraw the plea, and what a second lawyer thinks about the outcome that has already been worked out. ... Read More
You can try to fire your lawyer on the day of sentencing but it would be best to do so before then. Also best to find another lawyer to take over... Read More
I am not sure what you are asking - prosecutor's do not "certify a right to subrogation".  Subrogation is a right to recover for something you paid out that someone else ends up being responsible for. I am unclear how you think that relates to a possession of controlled substance charge. ... Read More
I am not sure what you are asking - prosecutor's do not "certify a right to subrogation".  Subrogation is a right to recover for something you... Read More

Do some lawyers allow payment plans?

Answered 9 months ago by attorney David B. Harrison   |   1 Answer
yes, although it can depend on the type of case and exactly what the charges are.  Call around, you’ll find someone to work with you on payment of the fee.
yes, although it can depend on the type of case and exactly what the charges are.  Call around, you’ll find someone to work with you on... Read More
They may be trying to decide whether to ask you to be an informant and set up some buys in exchange for now charging you.  Be careful if you do that - you may have to be a witness in the case of anyone you set up and also they require a certain number of buys at certain quantities often.  OR they may be testing the substance to make sure it is heroine before charging you.  You should not contact the detective (you did the right thing not giving a statement), not talk to him/her and just wait to hear from them. ... Read More
They may be trying to decide whether to ask you to be an informant and set up some buys in exchange for now charging you.  Be careful if you do... Read More