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Most states say that the term “speed contest” refers to the crime where you race a motor vehicle 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 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 …
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 …
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 …
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 …
Federal crimes are those offenses that violate U.S. federal criminal laws. Federal courts also have jurisdiction over crimes that allegedly take place across state lines, on U.S. federal property, or an Indian reservation. Federal criminal charges are prosecuted in federal courts (as opposed to state courts) by federal prosecutors and U.S. attorneys. Ten common examples …
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 …
Colorado sex offender registry laws usually permit convicted sex offenders from other states to travel to Colorado. However, visitors are considered temporary residents and must therefore register in Colorado if they either: stay for more than 14 days, or stay for more than 30 days in a calendar year Note that visitors must comply with …
People accused of felony offenses should consult with a criminal defense attorney for help. A felony defense lawyer will advise the defendant on the best legal defense to raise to contest any criminal charges filed. A successful defense could lead to a dismissal of the charge or a reduction from a felony to a misdemeanor. …
The “exclusionary rule” allows judges in Colorado criminal cases to disregard (“exclude“) evidence that police have illegally obtained. 1. When are police searches in Colorado legal/not legal? Police are required to adhere to the Fourth Amendment‘s prohibition against unreasonable searches and seizures when conducting searches. In general, police must secure a Colorado search warrant before …
The law in Colorado is unclear as to whether a convicted felon can legally hunt with a crossbow. A conservative reading of the applicable statutes is that felons in Colorado may not possess any weapons, including crossbows for hunting or non-hunting purposes. But it also can be argued that crossbows fall outside the definition of …
Battery can be a felony. A prosecutor can charge the crime as either a felony or a misdemeanor depending on the facts of the case, the extent of the victim’s injuries, and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense if it rises to the level of an aggravated battery. …
An FTA warrant is essentially a bench warrant for a person’s arrest that a judge issues because the person “failed to appear” (FTA) for a court matter. A defendant can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. Defendants typically must appear in court to recall …
The Ambien defense is a legal defense to charges of driving under the influence of drugs (DUID). The defense is largely based on the fact that some prescription drugs and sleeping medications (such as Ambien) can put a person in a trance similar to sleepwalking. When this happens and a person is driving it is …
The juvenile arraignment process in Denver is where minors get officially charged with a crime in Denver Juvenile Court. It is substantially different from the arraignment process for adults. Many juvenile cases do not go through the arraignment process. These cases get resolved informally, instead. What is arraignment? An arraignment is a court hearing. It …
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 …
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? Jail inmates consist of four main populations: People …
There is no criminal law that specifically states that it is 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 a crime. …