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The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section: I. Scope, Purpose, and Construction Rule 1. Scope The …
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 law permits adults 21 years of age and older to possess up to two ounces (2 oz.) of marijuana for personal use. Though state drug laws prohibit people from possessing or consuming the marijuana in public.1 Therefore if you purchase marijuana from a dispensary, be sure to take it home as soon as possible …
U.S. Immigration and Customs Enforcement (ICE) has not recently conducted any large-scale raids in Denver, Colorado, on the scale of what occurred in 2019. During one operation that year, ICE’s Enforcement and Removal Operations (ERO) officers apprehended 63 non-citizens.1 Though even though ICE is not arresting immigrants on the scale it used to, all removable …
If you have been arrested for DUI in Colorado, your criminal defense attorney can request a DMV hearing. This is where your attorney would try to persuade the DMV not to revoke your driver’s license. If you do not have an attorney, you can request a DMV hearing yourself by taking the following steps. Step …
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 …
Follow these steps to reinstate your driver’s license with the Colorado DMV. Step 1: Go to the Colorado DMV website Once your license suspension ends, you can apply for license reinstatement online at mydmv.colorado.gov. Step 2: Fill out the requested information You will be asked to provide: Today’s date Your first, middle, and last names …
If you are accused of violating probation in a Colorado DUI or DWAI case, you are entitled to a revocation hearing where the prosecution has the burden to prove that you did in fact violate your probation. If you win the hearing, you stay on probation. If you lose the hearing, the judge may either keep you …
Follow these steps to obtain a marijuana growers’ license in Colorado. Step 1: Research Before anything, educate yourself on the latest marijuana laws and business regulations at the Marijuana Enforcement Division (MED) website. You are also strongly advised to consult with an experienced attorney on your options and obligations as a commercial marijuana grower. Step …
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 …
The license revocation for underage drinking and driving (UDD) (where a person under 21 drives with a BAC of 0.02% to 0.05%) increases with each successive conviction. The minor will receive a 3-month revocation for a first conviction, a 6-month revocation for a second conviction, and a 1-year revocation for a third conviction. For a first-time …
A 3rd-time DUI in Colorado is treated as a misdemeanor rather than a felony if you do not cause an accident where another person suffers serious bodily injury or death. The standard DUI penalties for a 3rd-offense are: 60 days to 1 year of county jail time, $600 to $1,500 in fines plus court costs, …
If you were convicted of a first-time DUI in Colorado, the DMV may lift your ignition interlock device (IID) requirement after 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 a blood …
Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are: CRS 42-4-1301 – Fourth-time DUI CRS 18-3-205 – DUI causing serious injury CRS 18-3-106 – DUI causing death First-, second-, and third DUI convictions are prosecuted as misdemeanors as long as there are …
If police in Colorado detain you on reasonable suspicion of criminal activity, you are required to provide the following information if asked: your name your address your ID (if you have it)1 Or if police pull you over for an alleged traffic violation, you are required to provide the following if asked: your driver’s license …
Fleeing the scene of a car accident in Denver without stopping to exchange information or render aid if necessary is a Colorado crime. The punishment for hit and run turns on the extent of the injuries, if any. As long as no one gets seriously hurt, you face only traffic misdemeanor charges. Otherwise, leaving the …
If you get pulled over for a traffic violation shortly after leaving Colorado, the police might suspect that you are illegally transporting marijuana that you purchased in Colorado. Even if recreational marijuana is legal in the state you get stopped in (such as Arizona or New Mexico), the police can still arrest you for bringing …
In California, the ABC test is one of the tests used to determine whether a worker or a vendor is actually an employee vs an independent contractor. Employees are entitled to legal protections under state and federal employment law, such as overtime pay, the minimum wage, and other employee benefits. Independent contractors are not. Companies …
Dog bite lawsuits are often worth around $50,000. 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 …
To get a marijuana cultivation license in Colorado, complete the MED New Regulated Marijuana Business License Application and submit it to the Marijuana Enforcement Division (MED). The cannabis cultivation application can be submitted digitally or dropped off or mailed to 1697 Cole Blvd., Suite 200, Lakewood, CO 80401. (MED will conduct credit and background checks …
Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a …
Yes. Colorado’s “Stand Your Ground” law allows you to use reasonable and appropriate physical force to defend yourself or others, and you have no duty to retreat – even if you have a means of escape. The “Stand Your Ground” law applies both inside and outside your home, whereas the “Make My Day” law applies …
Colorado courts can find a person to be in contempt of court for deliberately disobeying or disrespecting the court. Civil contempt is imposed when a person intentionally defies a court order. Criminal contempt is typically imposed when a person disrupts judicial proceedings. Depending on the facts and types of contempt, penalties may include fines and …
Colorado courts charge a fee of: $65 for sealing a conviction; $235 for sealing multiple convictions; and $224 for sealing an arrest record that resulted in no conviction. In addition, you will end up spending about $20 on retrieving your criminal record (the first step of getting a seal) and about $5 on postage when …
Colorado gun law requires you to safely store your firearms to prevent access by minors under 18 years old or by people prohibited from having guns. Safe storage can be accomplished by carrying the gun, putting it in a locked safe, installing a locking device on it, or having a personalized firearm. Failing to safely …