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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. 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? Arraignment is a court hearing. It is where the judge tells …
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. …
When a person commits a hit and run that causes only property damage, the crime is considered less serious than when it causes injury or death. Hit and run cases with only property damage are charged as misdemeanor offenses. However, hit and run with bodily injury or death is charged as a felony. Misdemeanor hit …
There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation. As to the latter, California law allows for either: misdemeanor (or summary) probation – for misdemeanor offenses, or felony (or formal) probation …
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject …
It can be. A prosecutor can charge the crime of battery as either a felony or a misdemeanor depending on the facts of the case 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.” A person commits aggravated battery when: …
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. How do bail bonds work in Colorado? …
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 …
In a Colorado jury trial, prior criminal convictions are generally admissible, but only if they attack your credibility. This is true if you are in federal court or state court. It is also true if you are in a civil case or a criminal one. Prior felony convictions for crimes involving dishonesty are especially damning. …
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 …
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 and …
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 …
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 …
The law is unclear. 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 prohibited weapons by convicted felons as long as the blade is less than 3.5″ …
Yes, violation of parole in Colorado is a grounds for extradition to Colorado under CRS 16-19-104. Extradition into Colorado is the legal procedure for returning a “fugitive from justice” to Colorado in order for him/her to face prosecution or sentencing for a criminal offense he/she allegedly committed there. Other than violating parole, grounds for extradition …
The “exclusionary rule” allows judges in criminal cases to disregard (“exclude”) evidence that has been illegally obtained by police. Illegal police searches in Colorado Police are required to adhere to the Fourth Amendment‘s prohibition against unreasonable searches and seizures when conducting searches. In general, police are required to secure a Colorado search warrant prior to …
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 …