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In California, the ABC test is one of the tests courts use to determine whether a worker or a vendor is actually an employee vs an independent contractor. Employees have a right to legal protections under state and federal employment law, such as overtime pay, the minimum wage, and other employee benefits. Independent contractors are …
Dog bite lawsuits are often worth around $65,000. That amount can increase or decrease significantly, depending on the extent of the victim’s injuries, whether the victim was partly at fault, and whether the owner had reason to know that the dog posed a danger to others. State law can influence the value of a case …
If you were convicted of a first-time DUI in Colorado, the DMV may lift your nine-month ignition interlock device (IID) requirement after only four months (120 consecutive days) as long as you were fully compliant. This means you can get your IID removed five months early if you never: fail any IID tests by showing …
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 – you 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. Though …
A DUI probation violation in Colorado occurs when you are on probation for driving under the influence, and you break the terms set by the court such as failing your breath and urine tests, missing fine payments, skipping DUI school, or committing new crimes. Violating probation can lead to fines, an extended probation period, or …
If you have a Colorado driver’s license, you can check how many Colorado DMV points you have from past traffic violations by ordering a copy of your driving record. Requesting your driving record costs $9 (or $10 for a certified record). 1. How many points are on my license? You can easily check how many …
Driving under restraint (DUR) in Colorado means driving while your license is revoked, suspended, or denied. If your license is restrained because of drunk or drugged driving, DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail; otherwise, DUR is a class A traffic infraction carrying a maximum $100 fine.1 …
Every Colorado DUI arrest creates both criminal and DMV administrative cases. In the same way that you are entitled to a criminal trial to fight the criminal charges, you are also entitled to a DMV trial – called an express consent hearing – to fight the license revocation. Here are the top five questions and …
Most people convicted of criminal offenses in Denver are eligible for probation instead of incarceration. Though you must follow all the conditions the judge imposes. Falling short on just one of your probationary terms could get your probation revoked and land you in jail. Below our Colorado criminal defense lawyers answer the top five faqs …
Colorado bail bondsmen hire fugitive recovery agents (“bounty hunters” or “bail enforcement agents”) to track down and apprehend customers who broke their promise of appearing in court on their criminal case. If the agent is successful in arresting and hauling the fugitive back into court, the bail bonds business will pay the agent a commission. …
In Colorado, the statute of limitations (or time limit) for prosecutors to file theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($300 to less than $2,000), and six months for petty theft (less than $300). Also, the statute of limitations begins running only after the theft is …
As a general rule, Colorado law allows your employer to test you for drugs – whether by random drug testing or a scheduled testing program. Employers may also test employees as part of the pre-employment screening process. Furthermore, Colorado employers can fire you and disqualify you if you return positive test results, even for the use …
In Colorado, driving on a suspended driver’s license following a DUI is a class 2 misdemeanor traffic offense carrying at least 10 days in jail. If your license was suspended for non-DUI reasons, then driving on a suspended license is a class A traffic infraction carrying $15 to $100 in fines.1 Colorado’s legal term for …
If you are under 18 years old and get arrested for drug possession in Colorado, you will be prosecuted in Juvenile Court. Instead of facing criminal convictions like adults would, you instead face delinquency proceedings. The majority of juvie drug cases resolve through a plea bargain, though you have the right to a trial – …
If you are facing felony or misdemeanor charges carrying jail time in Denver, the court will appoint you a deputy public defender if you cannot afford private counsel. Ultimately, the court has jurisdiction to decide whether you are indigent and therefore entitled to court-appointed counsel. In general, you are probably eligible for a public defender …
Auto theft in Colorado is prosecuted as motor vehicle theft (CRS 18-4-409). Currently, Colorado has the third highest rate of auto thefts in the nation.1 Plus, many counties have law enforcement task forces in partnership with the Colorado State Patrol to catch and prevent organized auto theft crimes.2 What if I get caught stealing a …
Parental kidnapping – also called custodial interference – is a Colorado felony that carries up to six years in prison. Parental kidnapping occurs when either: you take or entice a minor child away from their lawful custodian knowing you have no privilege to do so; or you violate a child custody order with the intent …
Colorado convictions for domestic violence-related criminal charges can never be sealed or expunged from your record. It does not matter whether the conviction was for a felony or misdemeanor, or whether you were adjudged guilty through a trial or a plea agreement. However, domestic violence cases that get dismissed are automatically sealed from your record …
There is no way for you to remove DMV points from your Colorado driver’s license. However, DMV points stop having any effect after 24 months. The Colorado Department of Motor Vehicles does not look back further than 24 months when determining whether to suspend driving privileges based on DMV points. See our related article, How …
Yes. You may appeal the Colorado DMV’s decision to suspend or revoke your 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 …
It is a crime to urinate in public in Colorado. Colorado’s law against public indecency (CRS 18-7-301) makes it illegal to knowingly expose your genitals to someone else in a way that is “likely to cause affront or alarm.” This includes public urination. A petty offense, peeing in public carries up to 10 days in jail …
In Colorado, you can be charged with DUI as a class 4 felony in the following two situations: You already have three or more prior convictions of DUI, DUI per se, or DWAI; or You caused an accident in which someone was seriously injured. 1. Fourth-time DUIs Driving under the influence of alcohol or drugs …
In Colorado, a first-time DUI carries 48 to 96 hours of community service, and any subsequent DUI conviction carries 48 to 120 hours of community service. The legal term for community service is “useful public service” (UPS). Is community service required for every Colorado DUI? Community service is a required sentencing term for every non-felony …
Four rules that Colorado sex offenders must know are that: Sex offenders have to register annually or quarterly, depending on the offender; Certain offenders may be able to get removed from the registry; The registry shows offenders’ addresses, criminal records, and other basic information; and Failing to register is a crime. 1. Sex offenders have …
Generally, menacing is the crime of using threats or actions to put someone else in fear of imminent danger, injury, or death. Some states call the offense menacing, while others call it making criminal threats or harassment. Some common defenses to the charge are that the danger was not imminent, the threat was vague, or …