Colorado Criminal Defense Legal Questions

If the fact that the driver's license number is not yours shows it was not you that tried to cash the check, of course that can lead to dismissal. However, banks normally have video and other evidence that would help "prove" who tried to cash the check.  The driver's license number alone being two digits off is not sufficient by itself to lead to dismissal of the case, unless it is the ONLY evidence in the case (which seems unlikley to me). .   ... Read More

Even if thee is a process for the warrant to become inactive, the case itself will still exist until it is resolved. It would definitely be best to try to get it taken care of. You may have to turn yourself in to the jail and post the bond on the warrant, or the court might allow you to show up and they would quash the warrant and put the case back on the docket to get it resolved. You could call the court clerk of the court that issued the warrant and see if they have a process for that. Of course, the easiest thing would be to hire a lawyer who practices int he court that issued the warrant and see if they can work things out for you.... Read More

It would certainly be easiest to hire a lawyer to get the case back on track.  However, depending on the court you are in, some courts will allow you to set the case on the docket again and get the case back on track. You could call the court clerk of the court you are in and explain and see if they would reset it.  The only option if they do not allow that is to turn yourself in to the jail on the warrant, post the bond, and then make sure you get to the court date set after that proces. ... Read More

Go to the jail in the county where the warrant was issued. With no bond warrants, you must appear in front of a judge prior to having a bond set. This is common in domestic violence cases, but other cases can be the same. In Boulder, if you turn yourself in before 630AM, you will be on the same day's docket and could bond out without spending the night in jail. Different counties are different. You can call the jail to find out the process for you.... Read More

It likley will depend on the County you are in, the Judge you appear in front of, what the sanctions you failed to complete were and how far behind you are in completing the sanctions. It could range anywhere from the judge giving you more time to complete the sanctions (and adding something to the sanction), to putting you immediately in jail (although that is pretty rare). I strongly suggest talking to a lawyer familiar with the Court where you have to appear and see if they can help you - possibly they could, if approrpiate, change the court date so that it is after your business trip. ... Read More

You can seek a civil protection order which would be a court order to keep her away from you and your family so if she was just present she could be arrested. But you would have to serve her with the temporary protection order so if you do not know where she is that will be difficult. With warrants out for her arrest, if anyone even sees her they can call the local police agency and they will arrest her on the warrants. ... Read More

If the felony was dismissed as you say, then you are not a felon and therefore the fact you were charged with a felony is of no consequence.  But you say you "were convicted but now it has been dismissed". That makes no sense. Under COLORADO law (NOTE- other states and FEDERAL laws may differ) Having a felony doesn't necessarily preclude carrying a bowie knife. HOWEVER, the size of the blade and HOW it is carried can make a difference - a blade over 3.5 inches long is illegal in many settings - here are the laws to consider:  18-12-108(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901(3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. 18-12-101(1)(f) “Knife” means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense. 18-12-105 (1) A person commits a class 2 misdemeanor if such person knowingly and unlawfully:(a) Carries a knife concealed on or about his or her person;  ... Read More

If you successfully completed the deferred setnence, and all of the charges were ultimately dismissed, you can go on the state judicial website and pull down the "self help" menu and locate the "seal my records" forms or you can go to the Court clerk's office and ask them for the forms. ... Read More

A statute of limitations is a time period within which a prosecution must be commenced.  Once it is commenced, if you are out of state or not located, the warrants will remain. I beleive the only way to clear them up is to show up, post the bond, and deal with the charges. Sometimes a lawyer can get some things done without you needing to be present, but normally it takes your presence to resolve them. ... Read More

Only certain cases can be sealed (not expunged) in Colorado.  They are cases where all charges have been totally dismissed (like at the end of a deferred sentence) and certain drug offenses and petty offenses. If I were guessing, I would guess in your case you accepted a "split plea" - a deferred sentence to the felony and a straight plea to the misdemeanor, with probation. In that situation the case cannot be sealed, but at the end of the deferral period the felony would have been dismissed - so you do not have a felony conviction, but it will still show up that you were arrested for a felony and that you were charged with a felony. ... Read More

Unfortunately DUI is a "strict liability" crime - you do not need to have intended to drink and drive to be convicted of it.  There is a defense of 'involunatry intoxication' in the right setting, although a lawyer woudl need to know much more about the facts to decide if it is a defense that can be used.  That said, your situation is pretty sympathetic and so if you have a lawyer help you in the case, the outcome might be something that you are confortable with. ... Read More

This is not a full answer, as I do not have all the facts yet: However, a threat that is made by one cAct quickly. apable of carrying it/them out should immediately be reported to law enforcement. Also, seek a civil protection order, as civil court relief. Our prayers and hope for kjustice goes with this brief response. ... Read More