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Colorado defendants who have been sentenced for a criminal conviction can file a motion for reconsideration under Colorado Rule 35(b) asking the judge to modify the sentence. This is sometimes called resentencing. It is in the judge’s complete discretion whether or not to lessen the sentencing terms. Am I Eligible for a Motion for Reconsideration? …
Mandatory parole is the period of required supervision that everyone who gets released from a Colorado prison has to serve. It is a way for the state to release prisoners while keeping tabs on them and holding them to high standards. At the end of the mandatory parole period, the person will hopefully be fully …
Avoiding jail is often a priority for people who have been accused of a crime. Here are 5 common alternatives to jail in Colorado. Each of them can be an attractive option if you get convicted. 1. Suspended sentence A suspended sentence is a jail term that the judge puts on delay. You will only …
It depends on the case. The judge may either just extend the period of probation or else convict the defendant and remand him or her to jail. Deferred sentencing in Colorado A deferred judgment and sentence in Colorado (CRS 18-1.3-102) is a legal mechanism where a defendant can avoid a criminal conviction and sentence as …
In Boulder Colorado, people may openly carry firearms only if they are in a carrying case.1 What qualifies as a firearm carrying case? The case must be recognizable as a gun carrying case by a reasonable person.2 It should not resemble other kinds of cases, such as those that hold an instrument. For instance, holsters …
According to CRS 18-12-102, it is a Colorado felony to knowingly possess dangerous weapons – which includes silencers.1 A first-time conviction of possessing a dangerous weapon like a silencer is a class 5 felony carrying: 1 to 3 years in Colorado State Prison, and/or $1,000 to $100,000. And a second or subsequent conviction is a …
The statute of limitations for the Colorado crime of perjury depends upon the type of offense: It is: three years for first-degree perjury (CRS 18-8-502), eighteen months for second-degree perjury (CRS 18-8-503), and six months for false swearing (CRS 18-8-504). Type of Colorado perjury charge Statute of Limitations to bring a criminal prosecution in Colorado First-degree …
Nunchucks are not illegal weapons on their own under 18-12-106 C.R.S. But it is a crime in Colorado to do either of the following with nunchucks: knowingly aiming, swinging, or throwing a nunchuck; or knowingly possessing a nunchuck in a public place The only time it is legal to possess a nunchuck in public is …
People seeking to renew their CCW permit for carrying concealed weapons in Colorado (CRS 18-12-105) must submit a renewal application to the sheriff’s office in the county where they currently either: live own property, or own a business. CCW permits issued in Colorado are good for five years unless they are prematurely revoked. Sheriffs may …
Indigent criminal defendants in Colorado can be eligible for a public defender if one of the following is true: Household income is at or under poverty level, and liquid assets are $1,500 or less, OR Household income is at or under 125% of the poverty level, and monthly expenses exceed monthly income, and any liquid …
It depends on (1) whether the background check is taken during the deferred sentencing period or after the case is over in Colorado, and (2) whether the defendant successfully completed the deferred sentencing period. Deferred judgment status in Colorado What a background check would probably show Ongoing (the defendant is currently in the probationary period) …
In Colorado, you are allowed to record and videotape the police in public. However, this right is not absolute. You can still be arrested for other, “catchall” offenses like disorderly conduct (CRS 18-9-106) or obstruction of justice if you disobey police commands. If you are unlawfully arrested for videotaping police, you can file a lawsuit …
Yes. Like adults, children under 18 must be read their “Miranda rights” by Colorado police before they are subjected to “custodial interrogation.” Custodial interrogation in Colorado Custodial interrogation is when both of the following conditions are true: the police are asking the detainee questions, and the detainee is not free to leave If a police …
A revocation of a deferred sentence is when the court takes back (“revokes”) a defendant’s opportunity to complete probation (“deferred sentence”) as punishment for violating the court’s orders. When a defendant’s deferred judgment is revoked, he/she is usually remanded to jail and will get a criminal conviction. In any case, the defendant’s criminal defense attorney …
Treason is a criminal offense in Colorado and it is defined as either levying war against the state of Colorado, or adhering to Colorado’s enemies and giving them aid and comfort Possible examples of treason could be: planning a coup against the Colorado government orchestrating a social media campaign to take down the Colorado government …
21 years old. People under 21 who possess or drink alcohol face charges for minor in possession (18-13-122 C.R.S.). This crime is abbreviated as MIP in Colorado. 1. What are the penalties? MIP is prosecuted as an unclassified petty offense. It carries no jail time. But defendants do face fines, community service, and substance abuse …
Adults 21 or older can have up to one ounce of marijuana in Colorado. Recently, Denver voters chose to decriminalize psilocybin. (This is “magic mushrooms”.) But it remains technically illegal. Otherwise, Schedule 1 to 5 drugs remain illegal in Colorado. The only exception is having a valid doctor’s prescription. 1. Is marijuana legal in Colorado? …
Yes, Colorado is a “stand your ground” state – but only with regard to dwellings and to the extent reasonably necessary to defend oneself or others. People may use physical force to defend themselves or others when either: The victim reasonably believes someone is using, or is about to use, illegal physical force against him/her …
Yes. Prison followed by probation is an illegal sentence. Thousands of people are serving these illegal sentences. Can people be sentenced to prison and probation in Colorado? No, according to the recent Colorado Supreme Court case Allman v. People (2019 CO 78). On September 23, 2019, the court said: We hold that when a court …
In Colorado personal injury law, people have the duty to behave as a reasonable person would under the same circumstances. People who breach this “duty of care” are vulnerable to negligence lawsuits in Colorado. Duty of care in Colorado “Duty of care” is the key element in Colorado “negligence” lawsuits. In order to prevail in …
Defendants in a Denver criminal case may obtain discovery (the evidence in their case) in person from the Denver District Attorney’s Office located at: Webb Municipal Office Building 201 W. Colfax Ave., 8th floor Denver, Colorado 80202 What is “discovery” in a criminal case? Discovery is the legal term for evidence that prosecutors compile when …
If the witness had been subpoenaed to appear in a Colorado court, then failing to appear can result in that witness being held in contempt. This means that the witness could be arrested, jailed, and fined. If the witness was not subpoenaed, then he/she faces no consequences for not showing up to court. Subpoenas in …
Yes, but there are five exceptions: social gambling; the Colorado Lottery; in Colorado’s licensed casinos; legal horse and greyhound racing through the Colorado Division of Racing; and licensed bingo, raffles, or charitable games Legal gambling in Colorado Colorado gambling laws under C.R.S. 18-10-103 limit legal gambling to the above exceptions. Otherwise, placing bets in a …
In the majority of circumstances under CRS 16-19-103, a defendant who faces extradition in Colorado to another state (the “demanding state”) can be released on bail pending the final determination and processing of the demanding state’s request. However, judges will not grant bail in Colorado in the following four circumstances: the penalty for the crime …
The majority of Colorado State Prison inmates may collect up to 10 days a month of “earned time” to reduce their sentences. There are five ways inmates can accrue this “earned time”: Participating in self-help groups and counseling sessions; Participating in work and training programs, which comprises cooperating with others, performing well, being punctual, and …