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There is a difference between jails and prisons. Nevada jails are county- or city-run detention facilities that house people who have been arrested, are awaiting trial, or who are serving misdemeanor or gross misdemeanor sentences. Nevada prisons are state-run detention facilities that house people who are serving felony sentences. Who goes to jail in Nevada? …
You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison? If not, what’s the difference? State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated …
You were recently cited for reckless driving by the California Highway Patrol (CHP). You now want to contest the ticket. The CHP officer that cited you said he caught you on the patrol car’s Mobile Video Audio Recording System (MVARS). Can you get a copy of the MVARS video? Most likely, yes. MVARS footage is …
The police just arrested you for DUI and they made you unlock your phone so that they could look through it. Can they really make me unlock it? The answer largely depends on the state in which you live. Some jurisdictions say that law enforcement personnel can make you unlock your phone (usually by either …
10 of the most common ways in which you can be found to be in violation of your parole are when you: violate travel restrictions, fail a drug test, do not report to your parole officer (or show up late for a meeting), fail to secure gainful employment, refuse to be searched, possess a firearm …
People facing a preliminary hearing often have one burning question: Can the charges be dropped at the hearing? The short answer is yes, it is possible that either the judge or the prosecutor will drop the charges. The judge will dismiss the case if he or she finds, based on the evidence presented at the …
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 …
Posting bail can cost anywhere from the hundreds to more than a million dollars. So naturally, everyone wants to know: Is this like a nonrefundable deposit? Or is it possible to get the money back? The specific answer depends on how you posted bail and whether or not you made all your court appearances. In …
The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
Colorado judges revoke bond when a defendant violates bail conditions (CRS 18-8-212), such as failing to appear (FTA) in court. Once bond is revoked, the defendant may be remanded to jail pending the outcome of the criminal case. And the bail money may be forfeited to the court.1 How do bail bonds work in Colorado? …
In simple terms, a probation violation is when you violate one of the terms and conditions of your probationary sentence. A common example is failing to perform court-ordered community service. Most jurisdictions acknowledge two types of probation. These are: misdemeanor probation (or “summary probation” or “informal probation”) for misdemeanor convictions, and felony probation (or “formal …
There is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with …
The term “speed contest” means for one motor vehicle to race against another while on a public street, or in an area not designated for a car race. It can also refer to the act where you race a car against some type of timing device (such as a stopwatch). Engaging in a speed contest …
In general, a defendant in a criminal court proceeding should not talk to a witness. This is because: the judge usually orders the defendant not to have contact with any witnesses, and speaking with a witness could lead to charges of intimidating or dissuading a witness, any statements a defendant makes to a third party …
It can be. Most states say that it is illegal to possess counterfeit money if you know the money is counterfeit and try to use it to defraud another person. The crime can lead to either a misdemeanor or felony charge punishable by several years in jail or state prison. If you are accused of …
A felony pretrial hearing is a meeting in court involving the defendant, the criminal defense lawyer, the prosecutor, and the judge. The hearing takes place after the preliminary hearing, but before the jury trial. Sometimes the court holds several pretrial hearings before the case is set for jury trial. The following five things often take …
Five legal self-defense weapons in California are: pepper spray, stun guns or tasers, certain knives (such as a pocketknife or non-switchblade folding knife), personal alarms, and certain guns (such as handguns or shotguns). Some self-defense weapons that are illegal under California law include: weapons that are prohibited under California Penal Code 16590 PC, concealed dirks …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if a driver is under the influence of …
There are five proven things you can do to help defend yourself against false accusations. These are: seek the help of a criminal defense attorney, conduct a pre-file investigation, gather evidence to support your side of the story, obtain evidence to impeach the accuser, and take a private polygraph test. There are also three important …
Ten common examples of federal offenses include: tax evasion, counterfeiting, money laundering, murder, immigration-related offenses, felon in possession of a firearm, drug possession, drug crimes involving the intent to distribute, treason, and child pornography. Federal crimes are those offenses that violate U.S. federal criminal laws. Federal courts also have jurisdiction over crimes that allegedly take …
It depends. Speeding (CRS 42-4-1101) less than 25 miles per hour over the speed limit is usually just a class A traffic infraction in Colorado, which carries no jail. Instead, the driver faces penalties of: fines, surcharges, and Colorado DMV points on the defendant’s driver’s license However, speeding 25 miles per hour or more than the …
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. Different types of bonds in Colorado After a person (the “defendant”) gets arrested on suspicion of a crime, the police will book him or her at the station …
In Colorado, “general intent crimes” require only that the defendant intended to commit a prohibited act. By 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 …
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. There are stories that it was recently made legal to urinate …
Colorado’s criminal impersonation laws (C.R.S. 18-5-113) by knowingly assuming a false identity while doing either of the following five things: signing a recordable legal document and with intent to pass it off as true; posting bail for someone; marrying (or pretending to marry) another person who is ignorant of the false impersonation; doing anything may …