Colorado 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 If those are successfully completed in the time required, then the guilty plea gets withdrawn, and the charge is dismissed, leaving no conviction at all.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

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

Once a case is dismissed after the end of a deferred sentence it is no longer a conviction for purposes of firearm ownership.  That is especially true if you "seal" the case, which you can find the forms for at your local court clerk's office or online on the state court website, pull down the 'self - help' menu. ... 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

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

The focus of domestic violence cases is to get the ‘offender’ into domestic violence treatment in Colorado.  Sometimes offers to resolve the case are made that ultimately result in dismissal of the case after completion of that treatment, sometimes that is not offered.  It can vary by county.  It is seldom that jail time is imposed on a first offense.  It is worth the boyfriend consulting a lawyer familiar with how domestic violence cases are handled in the county the charge is in.... Read More

It is completely up to you whether you talk with the prosecutor or not. No one can make you do so and no one can keep you from doing so.  You are a witness in the case, not the prosecutor's "client".  However, you MUST show up in court if you were served with a subpoena.  Without knowing any facts of the case it is hard to say if your talking with the prosecutor woudl help or hurt your husbands' case. You can hire your own lawyer to help you make that decision and to help you with the prosecutor, if you wish. The prosecutor will make their determineation of how to proceed independent of your wishes.... Read More

The fact your last name is now different, it will not have any impact on the case. It makes sense to consult a lawyer to get an idea of what your options are, and how the case is likely to go.  If your license was taken from you, and you were given a "Notice of Revocation", you need to request a DMV hearing on the revocation of your license within 7 days of getting this notice.  ... 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

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

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

In general, absent a confidentiality agreement, most people (not including doctors, lawyers, priests, or the like) have no obligation to keep what you tell them confidential.  However,, depending on what you are facing, you may have rights to protect you against any harassment or retaliation at work for truthfully reporting a problem.... Read More

It depends what the question is on the application.  If the question is "have you ever been charged with ..." or "Have you ever plead guilty to..." then you probably have to answer "yes".  If it is "have you ever been convicted..." the answer is "no".  Once the case is sealed, Colorado law allows you to answer "no" to all of those questions, as if it never occured.... Read More

It really depends on the whether this is a first offense, what county you are in, the judge you are in front of,  how many violations (otehr than missed UAs) there have been, whether you want to try to successfully complete probation or just get the case over with etc.  Without at least knowing whether it is a first offense or not, there is no way to answer this question.  ... 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

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

Yes, you can drive for the first seven days after the Notice of Revocation is served on you. During those 7 days you need to go to the DMV and request a hearing on the revocation of your license. You will be allowed to drive until the hearing. The hearing has to be scheduled within 60 days of when it is requested.  There are a couple of decisions to make before requesting the DMV hearing and it would be best to consult a lawyer before you make the request. ... Read More

In the best situation, you would need waivers of both unlawful presence and of the deportation when your priority date becomes available and you are denied by the US Consulate or Embassy upon interview. If you came back to the US illegally after your voluntary departure in 2009, you are in a much worse situation of having incurred the permanent bar under which U.S.C.I.S. will only consider a waiver application beginning 10 years after your deportation in 2016. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More