Colorado Recent Legal Answers from Lawyers

It sounds like you were on a deferred sentence. If so, the prosecutor has 35 days after the end of the deferred sentence to investigate and see if there were any violations of the deferred conditions within the deferred time period.  The paperwork you signed to accept the deferred sentence will explain this. So take the end of the deferred date (January 18) add 35 days and after that if the DA has not filed a motion to withdraw the plea and dismiss the charges, contact the court clerk to see if they have a procedure for the dismissal to occur administratively. (The probation officer just notifies the prosecutor whether he thought there were any violations - it is up to the prosecutor to file the motion to dismiss - so continuing to contact your probation officer will get you no where).... Read More

The answer to this depends on the Court the case is in. Some court's require the filing of an affidavit at the end of the case, some require the person to appear, some just allow a person to appear if they want. I suggest calling the court clerk for the court the case is in and asking them.... Read More

If your boyfriend is in jail for something other than a murder charge, the Court will have set a bond. Posting the bond will get him out of jail, with future court dates he will have to return to court for.  If he cannot make the bond, then he can be held pending the filing of charges.  Is the public defender representing him? If so, I am sure they are trying to get things moving.... Read More

If it is Oklahoma that revoked your license, you will need to talk with an attorney in Oklahoma. If it is Colorado (where I am), the DMV is completely seperate from the Courts so it will not help to assk the judge about your license - a judge has no authority to return your driver's license.  If the revocation is in Colorado, you need a lawyer to analyze your driving record and determine the procedures to follow for you to be reinstated. It can be a complex process. You can also contact the DMV directly and ask them the reinstatement requirements. ... Read More

If your mother has died, the person named as executor (not necessarily you) should submit the Will to probate.  If this has not been done, you can try to prompt the executor/beneficiary to do so by hiring a probate attorney practicing in the county where your mother lived and died to file an Application for Determination of Heirship. ... Read More

Yes if you were attacked in Disney World, you may have a case. More facts are needed. Florida courts have exclusive jurisdiction if it happened here in Orlando, so you can contact a Florida lawyer here in Orlando like myself. We can not solicit your case so you have to inititiate contact. Good luck and thank you.    Stephen Black, Esq.  Attorney at Law Orlando, Fl. 407-581-2581... Read More

A condition of all deferred sentences is that you not violate the law while on the deferred sentence. You need to consult a lawyer as the shoplifting ticket could end up causing the guilty plea you entered (for the deferred sentence) to become a permanent conviction. Depending on many different factors there may be a way to salvage the deferred sentence and not have it enter as a permanent conviction and that is definitely worth the effort.... Read More

If you have already plead guilty to No Proof of Insurance, then you will have gotten a letter from the DMV indicating you have to provide proof you are now insured by a certain date, or your license will be suspended.  If you provide the proof before that day, your license won't be suspended.  So if that is the situation, go out, get insurance, and provide proof to the DMV.  IF you are suspended because there was an accident and you need to make arrangmeents to pay the damages before DMV will give you your license back, then you have to find out what the damage was (you may have to pay for the guardrail damage) and then work out payments- and get a 'release' showing you have worked out the damage. Then you give that release to the DMV.. It was definitely wrong to not return your license for three days. Maybe they were being jerks or maybe they did not realize they had it. In any event you got it back. For most traffic offenses the police normally have a year to file the charges and serve you with a ticket.... Read More

Domestic violence enhanced charges often are "he said, she said" meaning only the two people involved typically were present.  So often the police and prosecutors have to decide which version to believe and proceed with that.  So maybe you should be worried, but without more facts it is hard to say - how long ago was it, what police agency would be involved, etc.... Read More

The definition fo Careless Driving is 'driving in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and otehr attendant circumstances on the roadway'.  If it was a single car accident due to bad weather, the prosecutor likely will take the position that you were driving imprudently - too fast for conditions.  However, given the facts you laid out there is some chance the prosecutor will offer that if you plead to a reduced charge (possibly a two point offense like defective vehcile) they will dismiss the Careless Driving - and you will pay a fine and court costs and have to agree to pay restitution for any damge to any other entities property that may have been damaged (even things like highway deliniator posts, fences, etc.)... Read More

Misappropriation of confidential organization information is a loss of intellectual property. This misappropriation is most probably a breach of your employment agreement. In some instances based on your planned disclosure to third parties, you may become criminally liable. Hire an attorney who has expertise in trade secret law and some criminal law in your ex-employer work location state.  Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Since it is a traffic infraction and not a criminal offense (traffic infractions are considered civil offenses), then iot is harder to win your argument BUT, I do not see a down side to making the argument - probably prior to the next hearing.  Why did they not know cop was on vacation before they dismissed it and 'continue' the hearing instead of dismissing the case? The Rules for Traffic Infractions state at Rule 10 (a) that the charges shall be dismissed if the officer fails to appear at the final hearing - it does NOT allow for there to be a valid reason the officer did not appear. This should be a winning argument BUT you might need a lawyer to make it properly. Also, the finla hearing must be held within 6 months of when you asked for the final hearing.... Read More

Of course the "benefit" of plea bargaining is that it provides certainty as opposed to the unknown of how a trial will turn out. If the trial is likely to go badly for the defendant (i.e. high likelihood of being convicted of the most srious charge and getting a long sentence) and there is an offer of pleading guilty to a less serious charge and getting a shorter sentence, then it could be advantageous to plea bargain. A trial (depending ont he exact charges) can be "all or nothing" - no middle ground. Sometimes a middle ground is beneficial enough to consider taking. ... Read More

If it can be "proven" (beyond a reasonable doubt) that a person lied while on the witness stand, it is possible the person could be charged with Perjury.  If a person lied to police officers when reporting an alleged crime, that person could be charged with "false reporting". If it has been three months since the alleged 'lying", and nothing has happened, it is likely nothing will happen, but they do have up to three years to file felony charges and up to 18 months to file misdemeanor charges.  But, like I said, if it has not happened yet, it seems unlikely they will file charges. ... Read More

Since the incident occured in Kansas it would be governed by Kansa law on these types of issues.  That being said, I would think you can recover for your injuries from the motel, so long as the action is brought within the required time frame under Kansas law.  You should contact an attorney who is licensed to practice la in Kansas. ... Read More