Colorado Criminal Defense Legal Questions

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

Many courts have ‘add on’ processes if people show up with outstanding warrants, to be added onto the judges docket that day and get the warrant removed and the case re-set for a court date. You might call the court where the warrant is and ask how they handle that - or hire a lawyer to straighten it all out for you.  Alternatively, the warrant likely has a bond set on it ($500) and you could turn yourself into the local jail, have the bond money available and post it immediately - and get out (in a few hours of processing) with a new court date. ... Read More

Thewre are some plea bargains that would result in you not ending up with a permanent record. Whether they would be offered in your case, I cannot say for sure. However, given your age, it makes sense to do all you can to avoid a permanent conviction coming from this incident. If you qualify of the public defender to represent you, then talk to them. If you don't, it would be impoortant to hire a lawyer to handle this for you - to avoid as many long term impacts as possible. The money you spend now, can save you a lot of grief in the future.... Read More

Ypu can always discuss the situation with a lawyer who specializes in Employment Law if you are seeking to keep the job or pursue recovery for lost wages due to wrongful actions by the employer. However, if you are charged with a crime it will be much worse than losing the job.  On that front, I suggest consulting directly with a lawyer in your area to discuss how to handle any police contact. In short, right now, I suggest NOT talking with any law enforcement agency until you have consulted with a lawyer.... Read More

You coudl call the court and ask if there is a court date - or go on the state court website (https://www.courts.state.co.us/) go to "find a court and go to the county your case is in, go to the "Dockets" link, put in your information and see if thre is a court date set.  If not court date, then you coudl go to court clerks office and ask to see if the case was dismissed.  Or go see a lawyer, pay them a consultation fee (maybe an hour of work or less) and have them find out the status of the case for you. They may be able to do it from their desk whaile you are sitting there. ... Read More

It is hard to answer this question definitively without knowing what county you are in, what the alleged violations of the deferred sentence agreemeent are and other facts. However, it is typical many times on a first alleged violation of a deferred sentence for the court to just find the violation as having occured, revoke the deferred sentence agreement, impose the permanent conviction for the crime you were on the deferred sentence for, place you on probation with the same or similar conditions as those on the deferred sentence, possibly at worst add a condition of county jail for a few days, or maybe community service work, etc.  - so I would be surprised if on this violation you went directly to Department of Corrections.... Read More

"Statute of Limitations" is the time period the state has to file the proseution against you. Sounds like they filed, you plead and got your sanction (probation?). Therefore, I m unclear what you are trying to ask, sorry. Ae you trying to ask if it can be removed from your record someday (answer is no under the current state of Colorado law). ... Read More

If there is a bond set on the warrant, if you post the bond amount, you will immediately be let out. If no bond amount is set on the warrant then you will be taken before a judge once you are in custody and a bond amount will be set.  A violation of the deferred sentence sometimes just leads to the conviction entering (a pretty serious sanction) and then being placed on probation with similar terms. It would be unusual for you to get the 1-3 years that was deferred.... Read More

Yes, you could be charged with a crime.  You would be charged, at a minimum as an accomplice or conspirator.  Whether anyone (DA, Jury, etc.) beleived you thought it was okay is a question that will repeatedly come up. However, if you mother confesses to telling you to do it, it might help you and make it easier to work out a plea bargain that is favorable too you - IF you get charged. ... Read More

These really are questions to ask your lawyer as he/she will know more of the details of the case and etc.  Of course, if the probation condition is NO MARIJUANA then even second hand smoke could be an issue for you so probably NOT living with someone who is going to smoke is the best idea. If you remain living with him, then you should make a point to not be around when he is smoking or has smoked, or convince him to smoke only outside or something.  As for whether the proposed plea bargain is too harsh, your narrative does not give enough information to analyze that - it depends  alot on the facts of the case, criminal history, county the case is in, etc. ... Read More

This is a very interesting fact pattern.  There is some legal authroity that just running the license plate and learning the 'owner' has warrants, may not be enough to contact someone.  Also, the fact you were not in the car at time of arrest is a good issue on the search of the car (unless it was being towed from where it was parked). You should definitley consult a lawyer. ... Read More

For now at least, your husband will be represented by the public defenders office so long as he remains in custody and has not posted bond. You may very well qualify for them to represent him throughout the whole case, given your limited income. They are excellent lawyers (with lots of cases) and you should trust that they will do a great job for him under the circumstances.... Read More

What happens can depend on the Court it is in, but I would expect that so long as the alleged offender actually shows up on the new court date, the bond will be reinstated and the case will move forward.  (NOTE: A PR bond does not require the posting of any money so this must be a cash bond). If the alleged offender does not show up, then the person who secured the bond (i.e. paid the $1250) will get a notice that they have to show up in court and the money could be forfeited. However, if they show up with the alleged offender, the bond likely would not be forfeited. ... Read More

It would be unusual to not have the discovery by six months into the case. If there are witnesses that are helpful and the prosecution has not interviewed them, then it probably make sense to have had an invetigator interview them by now. If the lawyer is working by the hour, then he/ she should be able to provide a detailed accounting of the hours spent. If they are working on a flat fee then there should be certain landmarks in the case that justify a portion of the flat fee. ... Read More

This is a very tough situation.  Without looking at everything in the case - police reports, lab results, etc. there is no way an attorney can give advise on which way to go here.  The risk is extremely high.  That being said, if he is willing to take the risk, the decision as to whether to go to trial is your boyfriends - it is his life that is at stake, so if he decides to go to otrial, his attorneys have to honor that and proceed.... Read More

It is unfortunately not that uncommon for reports from other cases to be in the wrong case. I do not see a way that this would cause a dismissal of your case. However, it MIGHT suggest that you do not have all of the discovery in your case (maybe some of it went into the otehr persons file) so it is worth exploring that - and make sure you have all the information the DA has about your case.... Read More

Short answer  "no".  More detailed answer:  A person under 18 cannot go to "jail" - if they were to be incarcerated it would be in "juvenile detention" (juvenile jail).  However, if the charge is in a municipal Court (versus state court) most municipalities do not provide for jailing of people under 18.  That said, even if you were over 18 I cannot remember a case where a shoplifter got jail. It may even be possible a avoid a conviction - they may offer you a 'deferred sentence' where if you take a 'petty theft' class, they will remove your guilty plea and dismiss the case after it is done. ... Read More

Yes, you will need separate lawyers unless you can find a lawyer willing to represent you both and, if you do find such a lawyer, he or she will require you each to sign a 'conflict waiver'.  There is still a risk that at some point a true conflict could arise, and then the lawyer could no longer represent either one of you, and you'd both have to start over with new lawyers. ... Read More

If there are new charges for violating the protection order (whether it actually occured or not) and if it is a domestic violence case, there is not a way to avoid going to jail until you see a judge. However, if you can find out how early in the day you need to be in the jail of the county where the charges are in order to see the judge the same day, and you get to the jail to turn yourself in before that time, then you may be able to avoid spending the night. If a bond amount is set on the warrant, and it is not a new domestic violence charge, then you can show up at any police agency, turn yourself in, and post the bond to get a court date.     ... 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 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