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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
