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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 7
Do you have any Colorado Criminal Defense questions page 7 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

What should be done if I have been arrested for domestic violent and battery?

Answered 9 years and 3 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
You need a lawyer.
You need a lawyer.

Can I bail out my significant other the day he turns himself in?

Answered 9 years and 3 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
In some counties, some charges require a person to see a judge prior to bonding. Call the jail.
In some counties, some charges require a person to see a judge prior to bonding. Call the jail.

Loss and Won

Answered 9 years and 4 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No governmental entity keeps such records. Lawyers may keep their own record s of such things - but be careful of statistics like that as what can be called a "win" may vary from lawyer to lawyer and case to case. (As an example, if a person is charged with DUI but gets convicted of DWAI, the less serious offense, is that a "win"? It depends ont he situation and the person interpreting that). ... Read More
No governmental entity keeps such records. Lawyers may keep their own record s of such things - but be careful of statistics like that as what can be... Read More

Am I facing criminal or civil actions?

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
From your description of the situation it seems this other person may have a civil case against you to recover the money he says he loaned you 5 years ago.  He can sue you in small claims court (like the shows on TV - Judge Judy, People's Court, Judge Joe, etc.) and get it decided by a court - if the amount he seeks is under $7500.   His "Harrassment" of you is a criminal matter and if he trespasses on your property (i.e. does not leave after you tell him to) or sontinually contacts you after you have told him to stop, he could be charged with Trespassing as a criminal offense and / or Harassment. ... Read More
From your description of the situation it seems this other person may have a civil case against you to recover the money he says he loaned you 5... Read More

expunging my record

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Colorado law does allow certain criminal records to be "sealed" (Colorado does not allow for expungement - which is complete removal and destruction of the record, only "sealing" which is suppression of the record from the public). The Colorado Judicial department website has a "self help/ forms" menu with the forms. However, unless the case was completely dismissed (like after successful completion of a deferred sentence) or never filed, or certain drug offenses, or a municipal viiolation or petty offense, you cannot seal it. Take a look at the forms on the website and the instructions and see if you can figure it out and if not, contact a lawyer. ... Read More
Colorado law does allow certain criminal records to be "sealed" (Colorado does not allow for expungement - which is complete removal and destruction... Read More

Writing the judge

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It would have been better to have contacted your husbands lawyer and give him/her the information you had, so that the lawyer could then use it in the most effective way to help your husband. But you won't get in any legal trouble for writingh the judge - it was just not a good idea. 
It would have been better to have contacted your husbands lawyer and give him/her the information you had, so that the lawyer could then use it in... Read More

How to help a friend get the charges against him dropped

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The best way to help your friend is to be available if his lawyer has questions - and possibly help him financially with his lawyer. It is true that a "victim" can't just "drop charges" as it is the prosecutor who decides if charges should go forward. However, the prosecutor must consider what the "victim" wants, under the "Victim's Rights Act" - that does not mean that the prosecutor  has to do what the victim wants - just that they have to consider it. There are cases where it helps for the victim to get a lawyer - sometimes the lawyer can present things to the prosecutor in a manner more persuasively than the victim can do on their own.  ... Read More
The best way to help your friend is to be available if his lawyer has questions - and possibly help him financially with his lawyer. It is true that... Read More

Can I fire my public defender

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Public defnders do get busy and often aren't as good as you might hope in staying in touch. BUT they are very good lawyers that know what they are doing in the criminal courts. The public defenders I know work very hard on their cases and try to get the best possible result for the client - but they often do not have time to keep the client informed at every step of the process. If you fire your public defender, you may end up on your own needing to pay for a lawyer. If you can do that, I am sure there are many lawyers who will be happy to talk to you and work on yoru case. ... Read More
Public defnders do get busy and often aren't as good as you might hope in staying in touch. BUT they are very good lawyers that know what they are... Read More

What should I do?

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you did not steal the injectors then I would not pay for them.  The employer may be bluffing, after having a strong suspicion that you took them.   You may be better off spending tha money on a lawyer to fight any case that is filed against you.  The employer can't "file" the criminal case. Only the Police or a District Attorney can - and to do that they will require proof. If your employer cannot provide proof, then the police and DA may not follow through. Howver, be aware, they may call you and try to take a statemetn from you.  It seldom is beneficial to give such a statement. ... Read More
If you did not steal the injectors then I would not pay for them.  The employer may be bluffing, after having a strong suspicion that you took... Read More

Caught stealing from employer. What would happen next?

Answered 9 years and 5 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
While it often depends ont he county your case is in and otehr factors, sometimes if you have the ability to pay full restitution up front (i.e. pay back all the money they say you took), the case may be able to be resolved in a way that will result in you NOT having a permanent conviction. That is called a deferred sentence and after a time period fo probation and complying with conditions, the guilty plea is withdrawn, charges are dismissed and a petition to seal the case 9remove it from public record) can eb filed. It will be worth hiring a lawyer to jhelp you through this as yoru ong term record is what is the concern here. ... Read More
While it often depends ont he county your case is in and otehr factors, sometimes if you have the ability to pay full restitution up front (i.e. pay... Read More

What do I do if I was mailed a subpoena but I can't attend?

Answered 9 years and 5 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Criminal subpoenas must be personally served, meaning a non-party over the age of 18 must give it to the witness. A mailed subpoena is not validly served in a criminal case. Unless, you sign the waiver of service and return it to the party. Ignore it. Go on your trip.
Criminal subpoenas must be personally served, meaning a non-party over the age of 18 must give it to the witness. A mailed subpoena is not validly... Read More

Can I file a case after ex threw away everything I owned at her house?

Answered 9 years and 6 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Arguably that is a felony criminal case of Criminal Mischief or Theft and it is Domestic Violence. This could be a civil case. A lawyer could send a threatening letter for $$ damages. So, yeah.
Arguably that is a felony criminal case of Criminal Mischief or Theft and it is Domestic Violence. This could be a civil case. A lawyer could send... Read More

Are cops allowed to pull me over for being suspicious?

Answered 9 years and 7 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
It must be suspicion of a specific crime, not generalized suspicion. Were you charged with any crime? If so, we might be able to suppress all evidence and dismiss the case. If not, I would file a complaint with his police agency. There is usually a form online or you can go to the police department and do it in person. You can also request a copy of all reports and dispatch recordings of the event. You can request dash camera evidence and lapel camera evidence. Or, you can just forget it.... Read More
It must be suspicion of a specific crime, not generalized suspicion. Were you charged with any crime? If so, we might be able to suppress all... Read More

What can I do if I moved from my ex’s, left behind some things and I’ve been ignored when I've asked for them back?

Answered 9 years and 10 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
You can contact the sheriff and ask for a civil assist to retrieve property left behind.
You can contact the sheriff and ask for a civil assist to retrieve property left behind.

What can now happen after I was involved in a struggle with my girlfriend’s 14 year old daughter?

Answered 9 years and 10 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
I would consult a criminal defense attorney before saying anything to the police. It is unknown what the police are looking into, but talking to them will not help you. You have to assume that school and/or mother believe the child?s version over yours. A teen may lie about anything. She may be accusing you of a sex crime. Say nothing to police without a lawyer.... Read More
I would consult a criminal defense attorney before saying anything to the police. It is unknown what the police are looking into, but talking to... Read More

Will my son face jail time if he is 18, is being charged with armed robbery and it is his first time in trouble?

Answered 9 years and 10 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
armed robbery is a crime of violence carrying a mandatory minimum 10 years with a max of 32. The minimum could be higher. This is a serious case and needs a lawyer.
armed robbery is a crime of violence carrying a mandatory minimum 10 years with a max of 32. The minimum could be higher. This is a serious case... Read More

How much time for getting caught for psilocybin mycelium?

Answered 9 years and 10 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Likely, that is either manufacturing of mushrooms or the precursors. Mushrooms are an F2 with up to 24 years in prison. With that quantity, they will want to say you were selling or had plans to. You are correct in that a defense is that they were just spores. But this might not be enough. Your best defense may be something else. Do not talk to police without a lawyer.... Read More
Likely, that is either manufacturing of mushrooms or the precursors. Mushrooms are an F2 with up to 24 years in prison. With that quantity, they... Read More

If victims in a domestic violence case do not show up for a trial, do the charges get dropped?

Answered 9 years and 10 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Sometimes - it depends on if there is evidence that supports a conviction that does not depend on the victim testifying. I can help with understanding the subpoena process and rights. If they mail the subpoena and you do not sign it and send it back, you are not subpoenaed (unless they personally give it to you).... Read More
Sometimes - it depends on if there is evidence that supports a conviction that does not depend on the victim testifying. I can help with... Read More

What happens if I got caught shoplifting while on DUI probation?

Answered 9 years and 10 months ago by Steven Joseph Pisani (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Typically any police contact is required to be reported to your probation officer. In addition, any conviction for a criminal offense while on probation could and probably would revoke that probation.
Typically any police contact is required to be reported to your probation officer. In addition, any conviction for a criminal offense while on... Read More

Will the police in the current state I'm in come looking for me if I have a warrant in another state?

Answered 9 years and 11 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Most misdemeanor warrants are not enforced nationwide.
Most misdemeanor warrants are not enforced nationwide.

My wife has a protective order against me and parents just told me she is in a coma, can I go to her?

Answered 9 years and 11 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Not without the Judge changing the protection order.
Not without the Judge changing the protection order.

What is a conversation in a single party consent state?

Answered 10 years ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
In Colorado, in general, you can record any conversation of which you are a participant. If there are specific laws that prevent the recording of a hearing, the answer could be different. For example, no one is supposed to record Colorado state court proceedings without approval of the Judge. The venue or event may have a specific rule. There may be other rules for this situation.... Read More
In Colorado, in general, you can record any conversation of which you are a participant. If there are specific laws that prevent the recording of a... Read More

Is there a statute of limitation on a misdemeanor probation violation and if so, how long?

Answered 10 years ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
The probation complaint must be filed prior to the end of the term of probation.
The probation complaint must be filed prior to the end of the term of probation.

Can I be charged with anything if I never met the girl or had any kind of physical contact with her whatsoever?

Answered 10 years and a month ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
In Colorado, I see no charges that could be filed.
In Colorado, I see no charges that could be filed.

What is the responsibility of the state to provide a complete understanding of the Miranda rights, even if the language of the suspect is obscure?

Answered 10 years and a month ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: Criminal Defense
Miranda rights are only necessary when police want to ask questions of a person in custody. If Miranda is required, then the only way a person can voluntarily and intelligently understand those rights and waive them is if the person is spoken to in a language they understand. If not, then the waiver is not valid and any statements should be suppressed.... Read More
Miranda rights are only necessary when police want to ask questions of a person in custody. If Miranda is required, then the only way a person can... Read More
Criminal Law
Colorado

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