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Colorado Criminal Defense Legal Questions

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273 legal questions have been posted about criminal law by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Colorado Criminal Defense Questions & Legal Answers - Page 10
Do you have any Colorado Criminal Defense questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 273 previously answered Colorado Criminal Defense questions.
Criminal Law
Colorado

Recent Legal Answers

Were my rights violated and can I press charges for being falsely accused?

Answered 11 years and 8 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
It is best to get a lawyer. You will never prevail on a civil rights suit if you lose or plead guilty to the obstruction charge. Often, obstruction is wrongly charged bc cops do not understand the statute or are just jerks. The longer you wait to get a good criminal defense attorney, the less chance you have to prevail in all the ways you want.... Read More
It is best to get a lawyer. You will never prevail on a civil rights suit if you lose or plead guilty to the obstruction charge. Often,... Read More

Can I get a deferred sentence for a class 5 felony with no criminal history?

Answered 11 years and 8 months ago by attorney Laurie A. Schmidt   |   1 Answer   |  Legal Topics: Criminal Defense
My advise would be to obtain an attorney. You face felony theft charges, which can have serious consequences in your life, including your ability to get a job. As to your specific question, I am not sure if you would be able to obtain a deferred sentence. The DA would have to agree to allow a deferred sentence and it would be based on more than just a criminal record. Good Luck!... Read More
My advise would be to obtain an attorney. You face felony theft charges, which can have serious consequences in your life, including your ability to... Read More

How old do you have to be to smoke marijuana where it is legal?

Answered 11 years and 9 months ago by Christopher Kirk Steuart (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
I'm taking it that you are discussing recreational marijuana. It is not legal in California. In the two states (Washington & Colorado) where recreational marijuana is legal you have to 21 years old to purchase, possess or use it.
I'm taking it that you are discussing recreational marijuana. It is not legal in California. In the two states (Washington & Colorado) where... Read More

What are my options for first time petty theft charge?

Answered 11 years and 9 months ago by attorney Laurie A. Schmidt   |   1 Answer   |  Legal Topics: Criminal Defense
You have several options. You can: 1. Plea guilty and take whatever offer the government gives you, the case would most likely always remain on your record 2. Hire an attorney to help you go through this process and possibly negotiate a better deal 3. Plea not guilty and set the case for a jury trial . It is not your duty prove that you are innocent. It is the government's duty to prove that you are guilty beyond a reasonable doubt. If you are innocent, you should take the case to trial. I would recommend retaining an attorney.... Read More
You have several options. You can: 1. Plea guilty and take whatever offer the government gives you, the case would most likely always remain on... Read More

Is there a fee for dropping a case for filing for a restraining order with issued court?

Answered 11 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You can cancel the court case, however, it would be mistake to do so. The police will not be able to do anything since there is no protective order. After a few calls, they will just ignore it.
You can cancel the court case, however, it would be mistake to do so. The police will not be able to do anything since there is no protective order.... Read More

Will he be let out on his release date if a new felony warrant had been issued?

Answered 11 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
He will be taken in custody to the county where the new case is pending unless you post bail.
He will be taken in custody to the county where the new case is pending unless you post bail.

What can you do if you are charged with murder for a vehicle accident?

Answered 11 years and 9 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
A good attorney will help your friend. S/he will investigate and find the truth. That truth can be presented to the DA for a better plea bargain. OR It can be presented to a jury. Public Defenders take homicide cases very seriously and almost always do a good job. Some private attorneys are very good and will do an even better job. But the cost can be quite high. If your friend is not satisfied with the work of his/her attorney, get a new one.... Read More
A good attorney will help your friend. S/he will investigate and find the truth. That truth can be presented to the DA for a better plea bargain.... Read More

What can we do if my son was arrested and convicted for a false police report?

Answered 11 years and 9 months ago by attorney Laurie A. Schmidt   |   1 Answer   |  Legal Topics: Criminal Defense
Your question is a difficult one to answer without all of the procedural facts about what happened and when it happened. If your son was represented by an attorney, I would contact that attorney with your questions. If your son was not represented or you want to obtain a second opinion, try contacting some local criminal defense attorneys in your area. Best of luck!... Read More
Your question is a difficult one to answer without all of the procedural facts about what happened and when it happened. If your son was represented... Read More

Why would there be a no bond hold on a defendant with a domestic and assault three case when the defendant has no other cases?

Answered 11 years and 9 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
On DV cases, the person must see a judge prior to release. Statutes require a judge advise the person of the mandatory protection order prior to setting a bond. If the person has seen a judge and still no bond, then that is strange and a lawyer should definitely look into it.
On DV cases, the person must see a judge prior to release. Statutes require a judge advise the person of the mandatory protection order prior to... Read More

Are texts allowed to be used against you?

Answered 11 years and 10 months ago by Mattias F. Johnson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Criminal Defense
Texts are written communication just the same as any other conversation such as a telephone call or email. These texts would not be hearsay because you made the communications. Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted. However, one exception is a statement against interest which is what a statement that you made would be and thus could be used against you.... Read More
Texts are written communication just the same as any other conversation such as a telephone call or email. These texts would not be hearsay because... Read More

Can my attorney agree to charges and restitution without my knowledge?

Answered 11 years and 10 months ago by Steven Joseph Pisani (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Generally only in minor traffic cases will a judge allow an attorney to enter a plea on behalf of a client. Even in those events, the client must give the attorney express consent to enter into the plea.
Generally only in minor traffic cases will a judge allow an attorney to enter a plea on behalf of a client. Even in those events, the client must... Read More

If I bailed out a friend and he doesn't go to court, can I take my name off the bond?

Answered 11 years and 11 months ago by Steven Joseph Pisani (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The bail is an assurance to the court that someone will return for their court dates. If they do not show up, you or whoever posted the bail will lose it. You may be able to get your bail money back prior to a failure to appear at court, but that would require either another bond or the defendant going to jail.... Read More
The bail is an assurance to the court that someone will return for their court dates. If they do not show up, you or whoever posted the bail will... Read More

What can I do if I was recently arrested and was offered deferred judgment with one year probation and classes?

Answered 11 years and 11 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
It will show up on a background check as an arrest every case is different, so it is hard to advise you how to make your choice. If you were to get a copy of the police reports, you might sit down with an attorney to review them and make a decision about trial. The attorney can tell you what your chances are and how much it might cost remember that you might qualify for public defender.... Read More
It will show up on a background check as an arrest every case is different, so it is hard to advise you how to make your choice. If you were to get a... Read More

If I was caught shoplifting $46 worth of items, will it go on my permanent record?

Answered 11 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Criminal Defense
If you get convicted then it will go on your PERMANENT record.? Get a lawyer and see if something can be worked out to avoid a conviction if you do what they want you to do.
If you get convicted then it will go on your PERMANENT record.? Get a lawyer and see if something can be worked out to avoid a conviction if you do... Read More

What is the difference between expungement and dismissed and what is better?

Answered 11 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Criminal Defense
A dismissal means that there never was a conviction. An expungment erases a conviction.
A dismissal means that there never was a conviction. An expungment erases a conviction.

If my boyfriend is on probation for felony assault and just got a domestic violence in the third degree charge, any idea what might happen?

Answered 11 years and 11 months ago by Jared Clayton Austin (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
If he is convicted of the new charge that would be a probation violation meaning the judge could revoke his probation and resentence him up to the maximum amount for that offense permitted under law. In other words, he could go to prison. He also stands a good chance of going to jail on this new assault charge if convicted. He is in a lot of trouble so he needs to have the best criminal defense attorney on his side that he can get.... Read More
If he is convicted of the new charge that would be a probation violation meaning the judge could revoke his probation and resentence him up to the... Read More

If my boyfriend is on probation for felony assault and just got a domestic violence in the third degree charge, any idea what might happen?

Answered 11 years and 11 months ago by Carlos Humberto Davalos (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
State could file a petition to revoke probation and request a jail/prison sentence.
State could file a petition to revoke probation and request a jail/prison sentence.

If my boyfriend is on probation for felony assault and just got a domestic violence in the third degree charge, any idea what might happen?

Answered 11 years and 11 months ago by attorney Laurie A. Schmidt   |   10 Answers   |  Legal Topics: Criminal Defense
Your boyfriend risks violating his probation and faces additional consequences for the new charge. Jail time could be one such consequence. It would be wise for you boyfriend to hire an attorney, if he cannot afford one, then he should apply for the service of the public defender.
Your boyfriend risks violating his probation and faces additional consequences for the new charge. Jail time could be one such consequence. It... Read More

If my boyfriend is on probation for felony assault and just got a domestic violence in the third degree charge, any idea what might happen?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
His probation will be violated and he will be prosecuted for the domestic violence. If you are the victim, take a hint and get as far away from him as possible unless you want to be abused for the rest of your relationship.
His probation will be violated and he will be prosecuted for the domestic violence. If you are the victim, take a hint and get as far away from him... Read More
Criminal Law
Colorado

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