Colorado Criminal Defense Legal Questions

Yes, it is called a restitution hearing. There are time limits to request one - usually a short time after the restitution amount is imposed. You may need your own estimate. Get the estimate from the owner, have it reviewed by a reputable repair shop. Photos might help. Both should be in the DA case file called discovery. I have seen folks pad their restitution requests.... Read More

Sorry to hear of your troubles. I would be happy to discuss representation. There will be an investigation and you probably will be charged and forced to defend yourself. I would hire an attorney immediately. In Colorado, this is a life-time supervision case with a lengthy prison sentence. Treat it like cancer - get help. There are 2 ways you can be prosecuted for rape based on your facts - lack of consent and too intoxicated to consent. If you challenge her memory of consent, you may create the evidence to show she was too intoxicated to consent. But, that does not mean you lose. The more you speak to investigators, the more the case becomes about you and your statements. A simple, attorney aided, statement about consent is best. Make her prove otherwise. Beware of the Pre-Text Phone call - this is her calling you asking questions. It is directed by the police and recorded.... Read More

This is usually a Minor in Possession type charge. Depending on the jurisdiction and your prior record, they will likely give you a deferred sentence or deferred prosecution offer. This means that if you complete the conditions, the case will be dismissed and able to be removed from your record. The conditions are often a drug/alcohol class, 24 hours of community service, stay out of trouble and some fines. If you have a drivers license, then a conviction will cause you to be suspended for 3 months. You would get this information in the mail from DMV and there will be directions as to getting your drivers license back. MJ smells and so smoking in doors will attract attention. It also stays on your clothes for a while. So, if you are going to smoke, you need to do it in a well ventilated place - outside on a mildly windy day. Do not smoke and drive - dangerous.... Read More

"Vacated" means that the court hearing is no longer scheduled on that date and time. There may be a new court hearing at a different date and time, so be sure to check with the court so no appearances are missed. A failure to appear at a scheduled criminal hearing generally leads to a bench warrant issued for the defendant's arrest.... Read More

You could face a court issuing a warrant for your arrest or a contempt of court charge if you were legally served with the subpoena. In order for the subpoena to have a legal effect, it must be issued by a court or a licensed attorney in the State of Colorado AND be personally handed to you. The following are some scenarios where a subpoena is a request to appear and not mandatory, meaning that if you don't go, you would not be in trouble: 1. Subpoena received only by mail 2. Subpoena issued by an officer, not a judge or attorney. This happens if the officer gives you a piece of paper the day or night that the incident occurred. To know if you have a valid subpoena or not, it is best to consult with a local criminal defense attorney.... Read More

It is possible to be extradited on a felony and even some misdemeanors, but I would suspect this is a low priority, as you suggest you might call the court clerk for the county from where the arrest warrant originates - ask these questions to him/her often, they need you to appear in the state of Colorado to quash the warrant and set a court date. many times, a prosecutor will not even discuss a case until the warrant is quashed. But, it depends on the county. A lawyer may be able to help you accomplish all this so that when you do appear in Colorado, a deal is ready to go and you can handle everything in one trip. Good luck.... Read More

If the boy's family has money, or even might, then lets discuss a civil suit. Sooner the better as statute of limitations on personal injury cases can run quick. If they own a house, they might have insurance to go after. If this happened at school or another place where you thought she would be safe, we might be able to go after them. This money can help your daughter get the help she will need. It won't make up for the suffering, but maybe it will help her see justice. The police will conduct an investigation. Your daughter will need support and therapy. The police and DA will help you find where to get that. If you feel like the police or DA are not helping, a lawyer can help. You might look on-line for rape survivor information so that you can learn how best to help your daughter. Anger will not help her. The boy is not your problem. Just take care of your daughter.... Read More

They can argue to the jury based on the actions the officer observed of your driving, movements, speech, eyes, possession of a used meth pipe, and consciousness of guilt based on refusing a blood test. That will be their argument. Some PDs are good, some are not. At this stage, there is no reason for a PD to argue with a judge. Often there is never a time to anger a judge. Set an appointment with your PD to discuss strategy and trial defense. If you do not like what you hear, you may wish to hire a private attorney.... Read More

Once the case is filed, the statute of limitations is satisfied. A warrant shows the case was filed. The warrant is likely good for at least 5 years and maybe longer. this is a small amount of MJ and the case will likely resolve with very little consequences, but the warrant can cause her drivers license not to be renewed and other issues.... Read More

No, an officer does not have the ability to prevent you from talking to anyone about what he told you or a crime he is investigating. It?s unclear what the officer would ?put you in jail for? and even odder that he is threatening that action against you. Typically, when an officer stops by he wants to talk to someone and wants that person to know that the officer wants to talk to him. On another issue- your husband is being investigated for a crime, criminal conduct, even if he is 100% innocent, he needs an attorney. He should not call the officer and/or make any statements to any officer. There are several times when a simply explanation leads to criminal charges. Have him consult with an attorney immediately.... Read More