Colorado Criminal Defense Legal Questions

A sentence to "Community Corrections" is actually a prison sentence with placement at the halfway house, so violating the conditions of the halfway house would normally result in the sentence being converted to a prison sentence.  The presentence confinement and the time spent in the halfway house would be credited against the sentence in prison.  It is sometimes possible to work out something that would not end in a prison sentence but it depends on a number of things.... Read Answer

It really depends on the jurisidiction the warrant is from and the facts of the underlying case. Often the police do not actively seek out people with warrants but instead wait until they are contacted by police for some otehr reason, then the warrant is located and the person arrested.  However, it can be an advantage knowing the warrant is outstanding, especially if you know what bond amount ($$) was set on the warrant, as then you can turn yourself in, at a time convenient for you, and be prepared to post the bond.  ... Read Answer

Identity Theft has a possible penalty of up to 6 years in prison and or a $500,000 fine.  Theft under $5,000 carries a possible prison sentence of up to 18 months and/ or a $100,000 fine.  Forgery carries a possible penalty of up to 3 years in prison and / or a fine of up to $100,000. There may be other potential charges.  Of course, whether a prison sentence is actually imposed depends on many factors, such as a persons' criminal history, the facts of the case, the situation of the alleged victim, etc. ... Read Answer

You have identified a  potential defense to try, but the law does not necessarily require law enforcement to try to track you down. It is not uncommon for an arrest warrant to sit, awaiting the person to be contacted by the police for some reason.  However, 8 years is a long time. Certainly you are right that statutory speedy trial will not help you but constitutional speedy trial may be a grounds to peruse. It is likely it would be necessary to show 'prejudice' (witnesses no longer available, etc.).  Also, there is an argument,ent that 'speedy prosecution' violation could be argued.  I once had a case where the defendant was in a halfway house and the prosecution waited until he was almost down with his other sentence before arresting him.  It was a case where witnesses had moved on and could not be found etc. The judge eventually did dismiss the case. Such results are rare but could be tried. That said, it is unlikely that could be done without you being physically present by turning yourself in on the warrant to get the case moving.  During COVID times, however, many hearings are being done via video and possibly that could be used to make the process less onerous.  What county is the warrant in? What is the charge the arrest warrant alleges?  BOTH of those issues can make a big difference in how the case gets handled.... Read Answer

Direct answer to your question is that it will be hard to find a lawyer who will just argue the bond issue, but it is possible. That is because often once a lawyer enters their appeaarance in a case, the courts lweave them in the case, so your friend would have to agree to let the lawyer withdraw once bond is decided.  That being said, many courts read the law as requiring a $50,000 bond for a sale of drugs case (especially if there is a prior). Of course if your friend stays in jail, she will qualify for the public defender to represent her.  Once she bonds out, she can only qualify if she meets their financial standards.  So once out, she likely will need to hire a private lawyer. She could go through a bondsperson to post bond - they can take up to 15% as their premium (non-refundable) to post bond - many do it for 10%. Some courts will set a cash option roughly equal to the premium a bondsperson charges.... Read Answer

It is very difficult to undo a guilty plea that has already occurred, especially if it was 5 years ago, but it might be possible. The 'newly discovered evidence' you have (the recorded phone call) might be sufficient as a basis for withdrawing your previous guilty plea and putting the case back into a posture where a jury trial could be had - it will NOT lead to the case just being dismissed.  I will add that getting the plea withdrawn (if possible) and then doing a jury trial will all be very expensive.  ... Read Answer

Sounds like you may have been issued a felony summons rather than being arrested, which is something that is happening more and more due to the virus issues.  Of course, the courts are not 'closed' - they are operating on limited staffing and not doing many in person hearings.  That said, read every document you have been given very carefully to see if travel is discussed.  If not, then you should be free to travel. You can call the court (the phone number is likely on the summons you got) and ask to be sure.... Read Answer

It is not likely your court date is 'in a couple days' as all courts are basically closed due to the virus. You should call the court or look at the Courts' website for direction.  That said, if these are first and second offenses, it may be that they offer you a deal that will keep your record clean if you do certain things - restitution, community service, maybe a shoplifting class, etc..  It is called a deferred sentence or sometimes a diversion, where you plead guilty but if you do those things, then the guilty plea is withdrawn, charges are dismissed and you can then seal the record so it will not show up on public background checks. I suggest consulting with a lawyer - pay one for a half hour or hour of their time and get direct input about this. You do not want to have this follow you through the rest of your life if you can help it.... Read Answer

Short answer to your question is that the officer's identification of you will certainly be sufficient to provide evidence the offense was committed by you.  The officer no doubt got your name and date of birth, probably your drivers license or other ID. Many officers wear body cameras now so the interaction with you may have been on video.  Based on what you have said, to me it is not a good strategy to rely on 'they cannot prove it was me' as a defense. ... Read Answer

It sounds like you posted bond for your brother or co-signed his bond. If your brother does not show up in court on the bond you posted you won't go to jail but the Court may contact you to attend a hearing about whether you have to pay the money on the bond - the court may 'forfeit' the bond - as the bond secured your brothers presences. So, "no" you won't go to jail but you may have to pay some money.... Read Answer

If you turned yourself in on  bench warrannt and posted the bond to get out, then the warrant should no longer be active. Talk to your lawyer about contacting the court clerk to clear it up - or go yourself to the court clerk with a copy of your bond and see if they will remove the warrant.... Read Answer

First, the person who is the 'victim' of a crime does not have the power to 'drop the charges'. Once a crime is reported and police investigate it and decide to charge a person, the charges typically go forward. Second, if there is a warrant for your arrest, the best thing to do is to find out what the bond amount is, as set on the warrant. Then turn yourself in, prepared to pay the bond so you can be 'booked and released', as opposed to having to wait to see a judge. That way you can control when you are taken into custody so it has the least impact on you and your child.  Third, consult, in person, with a lawyer - or once the charges are formally filed in court (after you are arrested on the warrant) apply for the pubnlic defender if you think you qualify financially - and tell them the full story, including proving repayment of the 'victim'.  The case likely will be able to be resolved fairly easily (depending ont he specific facts). ... Read Answer

Yes, you should consult a lawyer.  It is important to closely review the police reports and any body camera footage from the Officers to see why they thought you were under the influence of alcohol.  The case could certainly be completely defensible. It is unclear to me what the alleged 'assault' was. However, this might be answered by a review of the police reports and body camera footage. Hire a lawyer, or at least consult with one, or apply for the public defender to see if you qualify for free representation.... Read Answer

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 Answer

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 Answer

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 Answer