Colorado Criminal Defense Legal Questions

If the police have removed the car fromt he "stolen" list and have decided not to file criminal charges, then you need to look at a civil "replevin" action - to get the car back - OR a civil action to recover the fair market value of the car. If the value of the car is under $7500 and you choose to try to get the money for it instead of the vehcile, you may be able to sue in small claims court - the forms can be found at any court clerks office or online at the state judicial website. If I were you, I'd give up on criminal charges and go for civil recovery of one type or another.... Read More

I don't see any statute directly on point, but certainly if clean urine was being sold to try to defeat a random urine test that was part of probation or pre-trial bond conditions, the sale might be seen as a "conspiracy" or "complicity" to commit fraud or violate probation, parole or pre-trial conditions and it seems to me that it woudl be possible to charge the person who sold the urine with a criminal offense. ... Read More

Under juvenile law, I suspect it is up to 2 years. Under adult law, likely 18 months max. Unless there are other factors about the gun, how it was used or what else was found, I do not think the max is very high. AND, if there are no other offenses, it is unlikely that any court will do much jail time as a sentence. There is a 5 days hold when a juvenile is caught with a weapon, but that usually happens up front and is not mandatory. This Q is hard to answer properly because usually a gun is found as a part of another investigation for other crimes, and where. It is the other crimes that the gun enhances. But, if a 17 year old simply is found with a gun, then consequences are not likely to be more than probation and maybe 5 days of jail.... Read More

You can seal your arrest from public view. There are forms at the Colorado Supreme Court website. You can hire me to do it. $2000 As for the civil case, it depends. Did the witness tell this to police and they failed to put it in the report? If so, you have nothing against the witness, but maybe the police. At the end of the day, your case is not worth very much and so you would have to pay a lawyer to do it - rather than have a lawyer work on contingency. I am not sure you want to pay $10,000 to have a chance at getting $5000-10,000 back. Damages are only so big here.... Read More

Yes, he should be able to purchase a gun. A successfully completed deferred sentence results in dismissal of the charges - so no permanent conviction. However, the records sometimes aren't as clear as they should be so he MIGHT get denied initially but if he provides documentation showing dismissal of the charges, he should get permission to purchase a firearm.  Note: There is aprocess that he can follow to seal the records of this case since all charges were dismissed - so the fact of his arrest and court case will no longer show up on a public background check. The state court website has forms for it under the "self help " tab - or he can hire a lawyer to do the record sealing. ... Read More

You will need to call around and talk to lawyers about fees for this type of case and see what you find affordable or not. If your fiance's finances are low enough he may qualify for a court appointed (free) lawyer. Otherwise you likely will find a lawyer who will work with the financial situation he has. A felony charge can have long range impacts, so it makes sense to have a lawyer he is happy with. Good luck. ... Read More

If they get a search warrant you will have to provide the phone so they can obtain the video. The search warrant likely will allow them to take the phone until they locate the video. They may ask you for your password. You are not required to give it to them but without it they will keep the phone much longer. If you voluntarily offer the video they may work with you so that you are without your phone for a shorter period of time.  Of course, you MAY be able to get them to agree that if you email the video to them they will consider that enough and not search through the rest of your phone.  But you have no obligation to cooperate with them unless they have a warrant. ... Read More

You need a lawyer experienced in "Personal Injury" cases.  It is likely that suuch a claim will need to be pursued in Florida under Florida law although there is some chance you could file it as a Federal lawsuit, although that too might need to be filed in a Federal Court in Florida.  Normally these types of cases need to be pursued in the state they occured in. ... Read More

If he acaquired something while in jail it seems clear it is his and he should be able to take it when he leaves the jail. Forfeiture laws apply to illegally obtained or illegally used items that are declared a public nuisance and can be forfeited to the state - not legally, allowed items a person owns. ... Read More

I am not clear on your question, as to whether it relates to the "punch in the eye" she took or the fact he left her place. It is her boyfriends responsibility to let parole know where he lives. As to your daughter as a victim of his punch, it is up to her whether to report it and how much to cooperate with the prosecution of his case. She can be forced to attend court and testify (via a subpoena) if he is charged, but she has to be served properly with a subpoena for that requirement to come into play. ... Read More

Unless your boyfriend is a teacher, babysitter, coach or other person in position of trust to you, then his only consequences are dealing with a potential pregnancy. At 17, you can consent to sex with anyone that is not in a position that a parent might trust the person to act as a parent to you.... Read More

Your question is a little vague but if you are charged with a liquor violation as an employee - like selling alcohol to a minor or serving a minor, it will depend on what jurisdiction you are in - city, county etc. - how the case is handled.  However, often those are handled by having the charged person take some classes, paying a fine and court costs - and it may be possible to avoid a permanent conviction, depending ont he facts. If your business got a liquor violation and is being closed down for a time period that is a different issue altogether. ... Read More

To directly answer yoru question - "Yes" - the prosecutor can amend the charge, add charges, dismiss charges, etc. as the case proceeds.  In your case there does appear to be an issue that could leadf to suppression of some of the evidence they want to use against you, so it is worth having a lawyer handle the case for you to get the best outcome possible. ... Read More

They will set another bond - and if there is a warrant the bond may already be set on the warrant.  So if you have the money to post bond you will get out, but if a bond amount is not set ont he warrant, it may take a day or two before you see a judge.  One question people might ask though, is how you have money to post bond if you don't have money for UAs. ... Read More

I have over 40 years of experience. I protect people with disabilities and civil rights matters involving public school failurs to protect the disabled. The attorney you seek should be aware of civil rights, special education law, civil disobedience and civil liability. o The case appears serious and in need of immediate legal attention. There are several deadlines that may be in play, starting from the date of the incident. Assault to the disabled could lead to juvenile delinquent prosecution and civil liability of the school and parent of the assailant. I believe that your child's IEP and accommodations of the school should be reviewed to determine if the school is less than proficient with safety and special education services. For more on special education rights, go the Google and type or dictate "Colorado Department of Education". Follow the prompts to special education and fish for rights of disabled students in publi scholls. Feel free to email me if you want to share more information on assault dates and IEP scheduling in process.    Dale Sadler, Colorado Attorney 303-289-8008    ... Read More

One can always ask for a stay of execution but most judges wilol expect you to show up ready to be taken into custody if the probable sentence will include jail or prison, and normally need a very good reason why you need the stay and did not get your affairs in order and ready to go into custody that day.... Read More

I woudl definitely consult a lawyer directly as child abuse charges can affect you in w3ays beyond the criminal court action - like your ability to volunteer in the school, work with youth groups, etc. Find a lawyer familiar with the Court you have to go to and at least pay for a one hour consultation with them. ... Read More

To answer the question specifically it woudl take looking at the actual documents you have. However, it sounds like they are offering you a "deferred prosecution" possibly - where ifg you do certain things they will dismiss the charges after a certain time period. That might be a good deal - you shoudl speak directly to a lawyer about it - possibly just an hour consultation - and get direct advise. ... Read More

I would say you need a general civil litigator.  Depending on the amount at issue, you may be able to sue the retailer in small claims court (if the amount is under $7500).   Lawyers are not normally necessary in small claims court. You can find forms for small claims court actions at any court clerk's office or on the Colorado State Judicial website "self help" section. ... Read More