Colorado Blog

Do I Need to Report an Accident to the DMV in Colorado?

Posted on | Category: Personal Injury

Yes, unless the police show up. If the police arrive, then they will file an accident report with the Colorado DMV. But if no police come, then the drivers must file an accident report as soon as possible. People may file accident reports online as long as the following are true: Nobody died from the …

Is it legal to shoot a BB gun in Colorado?

Posted on | Category: Gun Laws

Whether it is legal to shoot a BB gun in Colorado depends on the specific location. People should refer to the local county or municipal code for guidance on whether shooting BB guns is legal. Discharging BB guns is usually illegal in populated cities, such as: Aurora: Municipal Code 94-146 Boulder: Municipal Code 5-8-3 Colorado …

Can a felon own a pellet gun in Colorado?

Posted on | Category: Felony

No. Under Colorado Revised Statutes 18-12-108 C.R.S., convicted felons in Colorado are prohibited from knowingly possessing firearms or weapons. This law is abbreviated POWPO in Colorado for possession of a weapon by a previous offender. Pellet guns Pellet guns are a type of air gun. Air guns launch projectiles pneumatically using compressed air (or other …

What is the BAC limit in Denver?

Posted on | Category: DUI

Denver’s blood alcohol content (BAC) limit is: below .05% for the Colorado crime of driving while ability impaired (DWAI), and below .08% for the Colorado crime of driving under the influence (DUI) DWAI in Colorado law Colorado Revised Statutes 42-4-1301 (1)(g) C.R.S. makes it a crime for a driver to operate a motor vehicle while …

Is Sexual Harassment a Crime in Colorado?

Posted on | Category: Sexual Harassment

Sexual harassment is not a crime in Colorado unless it involves some sort of sexual battery or sexual assault. Instead, sexual harassment is generally a civil matter. This means the alleged victim can file a lawsuit for compensation. Prosecutors cannot pursue criminal charges, however. People who commit sexual harassment do not go to jail. Instead, …

How to get early removal of my interlock device in Colorado

Posted on | Category: DUI

How to get early removal of my interlock device in Colorado

Step 1: Meet the preconditions Colorado DUI defendants may be eligible for early removal of their ignition interlock device (IID). First, they would need to meet the following criteria: First-time DUI offender; The blood alcohol content (BAC) was lower than 0.15%; Under 21 years old at the time of the DUI; Colorado residency; and At …

What Is the Statute of Limitations for DUI in Colorado?

Posted on | Category: DUI

The statute of limitations for Colorado DUIs and DWAIs depends on the case. Under 16-5-401 C.R.S., the time-limit for the D.A. to bring criminal charges is: 18 months for misdemeanors, 3 years for felonies, and 5 years for DUI with death and leaving the scene of the accident Once the statute of limitations passes, the …

What is the penalty for driving without a license in Colorado?

Posted on | Category: Penalties

It depends on whether the driver simply forgot to carry the license, never had one, or had the wrong one: Driving without a License (42-2-101 C.R.S.) Colorado Penalties The driver has a current and valid license but forgot to bring it Class B traffic infraction: $15 – $100 in fines A subsequent conviction puts six DMV …

What is the legal drinking age in Colorado today?

Posted on | Category: Laws

21 years old. People under 21 who possess or drink alcohol face charges for minor in possession (18-13-122 C.R.S.). This crime is abbreviated as MIP in Colorado. 1. What are the penalties? MIP is prosecuted as an unclassified petty offense. It carries no jail time. But defendants do face fines, community service, and substance abuse …

How much does an interlock cost in Colorado?

Posted on | Category: DUI

Ignition interlock device (IID) installation typically costs from $70 to $200. And monthly maintenance ranges from $60 to $90. 1. Do DUI defendants purchase IIDs? No. In Colorado, DUI defendants typically lease IIDs. And defendants are responsible for bringing them into IID vendors for regular calibrations. 2. Is there financial assistance available? Yes. To qualify, …

What is the statute for felony DUI in Colorado?

Posted on | Category: DUI

There are three statutes for felony DUI in Colorado depending on the case: Fourth-time DUI – 42-4-1301 C.R.S. DUI with serious injury – 18-3-205 C.R.S. DUI causing death – 18-3-106 C.R.S. 1. What is a DUI-fourth? DUI defendants are prosecuted for a DUI-fourth if they have at least three prior DUI-related convictions. It makes no …

What recreational drugs are legal in Colorado?

Posted on | Category: Laws

Adults 21 or older can have up to one ounce of marijuana in Colorado. Recently, Denver voters chose to decriminalize psilocybin. (This is “magic mushrooms”.) But it remains technically illegal. Otherwise, Schedule 1 to 5 drugs remain illegal in Colorado. The only exception is having a valid doctor’s prescription. 1. Is marijuana legal in Colorado? …

What is the statute of limitations for forgery in Colorado?

Posted on | Category: Forgery

Colorado prosecutors can bring forgery charges at any time. There is no statute of limitations. 16-5-401 C.R.S. states: [A]ny forgery regardless of the penalty provided: No limit However, it is arguable that this law applies only to felonies. After this section, the statute states: Other felonies: Three years; Misdemeanors: Eighteen months That “other” appears before “felonies” …

Is Colorado a “stand your ground” state?

Posted on | Category: Laws

Updated January 6, 2020 Yes, but only with regard to dwellings and to the extent reasonably necessary to defend oneself or others. People may use physical force to defend themselves or others when either: The victim reasonably believes someone is using, or is about to use, illegal physical force against him/her or another, or Someone …

Are nunchucks illegal in Colorado?

Posted on | Category: Laws

Nunchucks are not illegal weapons on their own under 18-12-106 C.R.S. But it is a crime in Colorado to do either of the following with nunchucks: knowingly aiming, swinging, or throwing a nunchuck; or knowingly possessing a nunchuck in a public place The only time it is legal to possess a nunchuck in public is …

Can you seal a felony record in Colorado?

Posted on | Category: Felony

It depends on the felony: Colorado felony conviction Sealability and waiting period Class 1 felonies Class 2 felonies Class 3 felonies Level 1 drug felonies Sex crimes DUIs Domestic violence Can never be sealed. Class 4 felonies Class 5 felonies Class 6 felonies Level 3 drug felonies Level 4 drug felonies Sealable three (3) years …

When is DUI a class 4 felony in Colorado?

Posted on | Category: DUI

Colorado DUIs are prosecuted as class 4 felonies in the following two situations: The defendant has three prior convictions of DUI, DUI per se, or DWAI; or The incident caused serious injury, even if the defendant has no prior DUIs 1. Fourth-time DUIs Driving under the influence of alcohol or drugs is typically a misdemeanor …

How old do you have to be to open carry in Colorado?

Posted on | Category: Gun Laws

open carry a handgun in Colorado. The minimum age is raised to 21 for carrying a concealed weapon. Open carry minimum age There is no minimum age for carrying rifles and shotguns. But Colorado prohibits people under 18 from open carrying a handgun. There are exceptions where minors under 18 may possess handguns: The child …

Am I permitted to carry a gun while hiking in Colorado?

Posted on | Category: Gun Laws

open carry of firearms with some exceptions.Some cities put restrictions on open carry. Therefore, hikers should always check their county and municipal codes first.In Boulder for instance, openly carried firearms must be in cases. And it must be obvious that these cases are holding a gun. (Holsters qualify as an obvious carrying case.) In addition, …

Are you allowed to “open carry” in Boulder Colorado?

Posted on | Category: Laws

openly carry firearms only if they are in a carrying case.1 What qualifies as a firearm carrying case? The case must be recognizable as a gun carrying case by a reasonable person.2 It should not resemble other kinds of cases, such as those that hold an instrument. For instance, holsters qualify as an acceptable carrying …

I was sentenced to prison and probation in Colorado. Can I appeal?

Posted on | Category: Laws

Yes. Prison followed by probation is an illegal sentence. Thousands of people are serving these illegal sentences. Can people be sentenced to prison and probation in Colorado? No, according to the recent Colorado Supreme Court case Allman v. People (2019 CO 78). On September 23, 2019, the court said: We hold that when a court …

The difference between general and specific intent crimes in Colorado

Posted on | Category: Criminal Defense

In Colorado, “general intent crimes” require only that the defendant intended to commit a prohibited act; in contrast, “specific intent crimes” also require that the defendant intended to produce a prohibited result. All Colorado crimes can be classified as either a general intent or a specific intent crime. The legal term for intent is “mens …

What is a revocation of a deferred sentence in Colorado?

Posted on | Category: Laws

A revocation of a deferred sentence is when the court takes back (“revokes”) a defendant’s opportunity to complete probation (“deferred sentence”) as punishment for violating the court’s orders. When a defendant’s deferred judgment is revoked, he/she is usually remanded to jail and will get a criminal conviction. In any case, the defendant’s criminal defense attorney …

Do I have to disclose a criminal record to employers in Colorado?

Posted on | Category: Employment Law

You may have to disclose criminal convictions to an employer in Colorado. Starting in August, 2019, the law on this topic is changing drastically. Colorado passed a “ban-the-box” law that forbids employers from asking about prior convictions. However, the law only applies to job applications, not subsequent interviews. It also has numerous other exceptions. As …

5 Alternatives to Jail in Colorado

Posted on | Category: Laws

5 Alternatives to Jail in Colorado

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. 1. Suspended sentence A suspended sentence is a jail term that the judge puts on delay. You will only …

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