A judge or jury will consider a host of different factors to help calculate the appropriate damage amount for the loss of enjoyment of life. Some of these are: the age of the injured person, the injured party’s educational background and work history, the severity of the injuries, the future consequences of the injury, and the nature of the activity that has been lost.
A judge can deny bail if an offense is punishable by death, if there is a parole hold, or if there is a public safety exception. The "public safety exception" allows preventive detention. It applies to certain classes of felonies and felony sexual assault offenses. If the charge is for any other offense, bail must be set as a matter of right.
A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, invalid. Quash means to nullify, void or declare invalid. The two most common types of warrants are search warrants and arrest warrants.
You may have to disclose criminal convictions to an employer in Colorado...
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court
Under Federal law, employers are encouraged to reimburse employees for uniforms or required clothes. But the law does not say that they must reimburse their employees for such costs.
Avoiding jail is often a priority for people who have been accused of a crime. Here are 5 common alternatives to jail in Colorado. Each of them can be an attractive option if you get convicted.
Some Colorado judges give first-time DUI defendants the opportunity to get their cases dismissed via a deferred judgment in Colorado (C.R.S. 18-1.3.-102), thought their criminal defense attorneys have to fight for it.
Public urination occurs when someone urinates in a public place like a park, alley, or sidewalk. It is considered a public nuisance. A person can be arrested for public urination under both state and local laws.
California no longer has an “attractive nuisance” doctrine.
In a Colorado jury trial, prior criminal convictions are generally admissible, but only if they attack your credibility. This is true if you are in federal court or state court. It is also true if you are in a civil case or a criminal one.
The juvenile arraignment process in Denver is where minors get officially charged with a crime. It is substantially different from the arraignment process for adults. Many juvenile cases do not go through the arraignment process. These cases get resolved informally, instead.
It depends on whether the background check is taken during the deferred sentencing period or after the case is over.
Parental kidnapping, or custodial interference, is the crime of knowingly taking a child away from the person who has lawful custody. In most cases, it is a Class 5 felony in Colorado.
The “last clear chance” doctrine is a legal rule that says: in personal injury cases, in which both the plaintiff and defendant were responsible for causing an injury/accident, the plaintiff can still recover damages from the defendant, if the defendant had a chance to avoid injuring the plaintiff in the final moments before the accident. This doctrine is used in states that use contributory negligence laws. These laws state that someone who was even a little at fault for an accident, even a plaintiff, cannot recover any damages in a personal injury case.
In Colorado, you are allowed to record and videotape the police in public. However, this right is not absolute. You can still be arrested for other, “catchall” offenses like disorderly conduct (CRS 18-9-106) or obstruction of justice if you disobey police commands. If you are unlawfully arrested for videotaping police, you can file a lawsuit under a new Colorado law.
There are situations when the so-called “passenger” of a vehicle can be charged with DUI. These are when: the passenger helps steer the vehicle, the drunk driver switches seats with the passenger, and the arresting officer is not sure who drove the car.
In Colorado personal injury law, people have the duty to behave as a reasonable person would under the same circumstances. People who breach this "duty of care" are vulnerable to negligence lawsuits in Colorado.
Three years for first-degree perjury, eighteen months for second-degree perjury, and six months for false swearing. Note that the statute of limitations does not begin to run until after the perjury is discovered, not when the perjury is actually committed.
Pedestrians do not always have the right of way in California...
Commercial robbery takes place in a business like a bank or convenience store. Residential robbery is a robbery that takes place where people live or reside. Residential robbery is considered first degree robbery. Commercial robbery is considered second degree robbery.
A rock may be considered a deadly weapon under California criminal law.
In Colorado, you can secretly record conversations that involve you. This applies to in-person conversations and conversations on the phone. If you are not a party in the conversation, it can be illegal. It can also be illegal if the person you are talking to is in a different state. You could be prosecuted for wiretapping or for eavesdropping. You could also be sued by the people in the conversation.
Silencers are legal in Colorado. While they are regulated by federal law, they are not prohibited by it. Meanwhile, Colorado’s state laws do not ban silencers.
A PR bond is when a person who has been arrested in Colorado gets released on his or her "own recognizance" without having to pay any money.