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Winning a DMV administrative hearing following a Colorado DUI is actually more difficult than winning the criminal case. In DUI criminal cases, the stakes are serious – the defendant could go to jail if convicted. Therefore, the prosecutor has the burden to prove guilt beyond a reasonable doubt – which is a very high bar. …
A motion hearing in a Colorado criminal case is a court hearing that typically takes place in preparation for a scheduled jury trial. Courts schedule motion hearings after either the prosecution or defense files a motion, which is a request for the court to take a certain action. The hearing is where the defense and …
Gang violence in Colorado Springs leads to at least a couple of killings every year. There were three gang-related homicides in both 2014 and 2015. The number of homicides dropped to two in 2016 but rose again to three in 2017. But 2017 also had 15 gang-related attempted murder charges.1 In 2012, Colorado Springs police …
The law is unclear. If ASP batons fall under Colorado’s definition of blackjacks, then they are illegal in the state. But if ASP batons are not considered blackjacks, then people should be able to possess and openly carry them. What is an ASP baton? ASP is short for Armament Systems & Procedures. It is a …
Run by the Colorado Department of Corrections (CDOC), Colorado prisons are detention facilities where convicted felons serve out their sentence. They are usually located in rural areas of the state. In contrast, Colorado jails are usually located near a courthouse. They house people who either 1) have been recently arrested, 2) are awaiting trial and …
Since Colorado is a one party consent state, people may lawfully record conversations in their workplace if at least one party to the conversation freely consents to being recorded. If the person doing the recording is part of the conversation, then no one else’s consent is needed because the recorder has his/her own consent.1 If …
The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program. An experienced criminal …
Driving on a suspended driver’s license (CRS 42-2-138) following a DUI is a Colorado misdemeanor carrying at least 30 days in jail. In non-DUI cases, the judge can impose jail or a fine. And if the suspension was due to an outstanding judgment, driving on a suspended license is an infraction carrying only a fine. …
Sealing criminal records in Colorado make them invisible so they do not appear on future background checks. But prosecutors and police can still access sealed records. In contrast, expunging is physically destroying criminal records. But the only cases that can be expunged in Colorado are underage DUI, underage alcohol or marijuana possession, and juvenile offenses. …
The best-case scenario following a Colorado arrest is being released from jail on a personal recognizance bond (PR bond), which means the defendant does not have to put up any bail bond money. Instead, the defendant just has to promise to show up to all future required court dates. PR release is also commonly called …
Yes. People may appeal the Colorado DMV’s decision to suspend or revoke their driver’s license. The appeals process requires filing a complaint with the local district court within 35 days of the DMV hearing’s decision. Ultimately, the district court judge will review the DMV transcript and legal briefs to determine whether to affirm the DMV’s …
Colorado Drug Test LawsWatch this video on YouTube Colorado employers are permitted to drug test employees – whether by random drug screening tests or a scheduled testing program. Employers may also drug test prospective workers during pre-employment drug testing, even after making an offer of employment. Employers can then fire employees and disqualify job applicants …
Colorado’s eavesdropping and wiretapping laws make it a crime to record other people’s conversations without the permission of at least one of the participants. And if the conversation is an interstate phone call, it may be necessary to get everyone’s permission before lawfully recording the call. But any conversation that occurs in public can be …
Following a Colorado hit-and-run incident, prosecutors can press criminal charges against the suspect within one year in most cases, three years if serious injury results, five years if death results, and ten years in vehicular homicide cases. Meanwhile, the victim can bring a civil lawsuit within three years after the accident. What is a statute …
Colorado crimes of violence (COVs) carry longer potential prison sentences than non-COV offenses in the same felony category. Only a certain number of offenses can be designated as COVs, such as rape, aggravated robbery, and kidnapping. And these crimes carry enhanced penalties only if the defendant used a deadly weapon, killed or seriously injured someone, …
Mandatory Minimum Sentencing in Colorado – 5 Things to KnowWatch this video on YouTube Colorado’s mandatory minimum sentencing law requires defendants convicted of certain high-level crimes to serve no less than the minimum allowable prison sentence. Crimes that carry mandatory minimums under Colorado law include: Class 1 felonies, drug felonies, crimes of violence, sex offenses, …
Yes. Colorado state law permits six forms of gambling: Casino gambling in licensed casinos; The Colorado lottery; Betting on horse races through the Colorado Division of Racing; Online legal sports betting; Licensed charitable bingo and raffles; Social gambling, such as poker night among friends Otherwise, gambling activities outside of a licensed casino are against Colorado …
In Colorado, the statute of limitations for prosecutors to press theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($50 to less than $2,000), and six months for petty theft (less than $50). And the statute of limitations begins running only after the theft is discovered, which may …
Grounded in the statute CRS 18-1-704.5, Colorado’s Make My Day law allows people in a home – including a hotel room – to use force and even deadly force against an intruder whom they reasonably believe is committing a crime and posing a physical danger. Make My Day law is alternatively referred to as the Castle …
Colorado law defines deadly weapon as a gun, knife, or any other object capable of killing or inflicting substantial bodily harm. Deadly weapons include ordinary articles such as pipes, bricks, or ropes that are used to injure or kill. Many crimes such as assault and robbery carry harsher penalties if the defendant had a deadly …
In Colorado, restraining orders refers to the civil orders of protection that victims ask the court for to protect themselves from their abuser. And protective orders usually refer to the mandatory order of protection that courts automatically impose against defendants in criminal cases, whether the victim wants it or not. But in practice, judges and …
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 line between parental kidnapping and a minor custody violation, though, is murky under Colorado law. What is parental kidnapping? CRS 18-3-304 defines …
First-time Colorado DUI defendants may be required to complete Level II Education DUI School classes based on the results of their alcohol evaluation. And Level II Education is always required for repeat DUI offenders, DUI defendants with a blood alcohol content (BAC) of 0.15% or higher, and DUI arrestees who refused to take a breath …
The involuntary civil commitment process in Colorado allows police or medical professionals to detain someone in certain situations. The goal of this emergency detention is to protect someone who is suffering from mental problems. The detention can last for up to 72 hours. It can turn into a longer treatment after a court hearing. People cannot be held in jail …
Colorado DUI criminal fines are: $600 to $1,000 for a first offense. $600 to $1,500 for a second or third offense. And $2,000 to $500,000 for a subsequent offense.1 In addition, defendants may be ordered to pay several other court fees and surcharges, such as for DUI School and probation supervision. In total, one DUI …