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    Colorado Blog - Page 5

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    Colorado possession laws – How much weed can I have?

    Posted on | Category: Marijuana Laws

    Colorado law permits adults 21 years of age and older to possess up to two ounces (2 oz.) of marijuana for personal use. However, state drug laws prohibit people from possessing or consuming marijuana in public.1 Therefore, if you purchase marijuana from a dispensary, be sure to take it home as soon as possible and …

    What is the juvenile arraignment process in Denver?

    Posted on | Category: Criminal Defense

    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 …

    Colorado’s “Harassment” Statute – When is it a crime?

    Posted on | Category: Harassment

    Angry person yelling into telephone to harass person on the other line

    In Colorado, people can face criminal harassment charges under CRS 18-9-111 for a wide variety of behaviors. And depending on the case, the penalties for violating harassment laws can include fines and possibly jail. Here are three things to know about the Colorado harassment statute: Harassment is a very broad criminal charge. Harassment is different …

    What is the statute of limitations for hit-and-run in Colorado?

    Posted on | Category: Criminal Defense

    Man on road after being hit by car driving away

    Following a hit-and-run incident, Colorado prosecutors can bring criminal charges against the suspect within 1 year in most cases, 3 years if serious injury results, 5 years if death results, and 10 years in vehicular homicide cases. Meanwhile, hit-and-run victims can bring a civil lawsuit within 3 years after the accident. The criminal statute of …

    What is Colorado law on recording conversations at work?

    Posted on | Category: Criminal Defense

    Person with recording equipment in office

    Since Colorado is a one party consent state, people may lawfully record conversations in their workplace if at least one party to the conversation freely consents to being recorded. If the person doing the recording is part of the conversation, then no one else’s consent is needed because the recorder has his/her own consent.1 If …

    Is it illegal to impersonate someone in Colorado?

    Posted on | Category: Criminal Defense

    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 …

    What is the statute of limitations for theft in Colorado?

    Posted on | Category: Useful information

    Woman shoplifting a shoe into her purse

    In Colorado, the statute of limitations (or time limit) for prosecutors to file theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($300 to less than $2,000), and six months for petty theft (less than $300). Also, the statute of limitations begins running only after the theft is …

    What happens to a minor in possession of drugs in Colorado?

    Posted on | Category: Useful information

    Young boy being given drugs

    If you are under 18 years old and get arrested for drug possession in Colorado, you will be prosecuted in Juvenile Court. Instead of facing criminal convictions like adults would, you instead face delinquency proceedings. The majority of juvie drug cases resolve through a plea bargain, though you have the right to a trial – …

    Auto Theft in Colorado – What You Need to Know

    Posted on | Category: Theft

    Auto theft in Colorado is prosecuted as motor vehicle theft (CRS 18-4-409). Currently, Colorado has the third highest rate of auto thefts in the nation.1 Plus, many counties have law enforcement task forces in partnership with the Colorado State Patrol to catch and prevent organized auto theft crimes.2 What if I get caught stealing a …

    Is there a crime of “parental kidnapping” in Colorado?

    Posted on | Category: Kidnapping

    Parental kidnapping – also called custodial interference – is a Colorado felony that carries up to six years in prison. Parental kidnapping occurs when either: you take or entice a minor child away from their lawful custodian knowing you have no privilege to do so; or you violate a child custody order with the intent …

    Is it a crime to urinate in public in Colorado?

    Posted on | Category: Criminal Defense

    A red strike through over the graphic of someone peeing in public

    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. A petty offense, peeing in public carries up to 10 days in jail …

    When is DUI a class 4 felony in Colorado?

    Posted on | Category: DUI

    In Colorado, you can be charged with DUI as a class 4 felony in the following two situations: You already have three or more prior convictions of DUI, DUI per se, or DWAI; or You caused an accident in which someone was seriously injured. 1. Fourth-time DUIs Driving under the influence of alcohol or drugs …

    What is the community service requirement in connection with a Colorado DUI?

    Posted on | Category: Useful information

    What is the community service requirement in connection with a Colorado DUI?

    In Colorado, a first-time DUI carries 48 to 96 hours of community service, and any subsequent DUI conviction carries 48 to 120 hours of community service. The legal term for community service is “useful public service” (UPS). Is community service required for every Colorado DUI? Community service is a required sentencing term for every non-felony …

    Can a “speedy trial motion” get my Colorado criminal case dismissed?

    Posted on | Category: Useful information

    Judge's gavel with clock and calendar on the table to signify speedy trial rights

    In Colorado, you can file a speedy trial motion asking the court to dismiss your criminal case for failing to give you a trial within six months of your not guilty plea. Unless a legal exception justifies your trial’s delay, the court should dismiss your charges no matter how strong the state’s evidence against you …

    Colorado Red Flag Laws – What you need to know

    Posted on | Category: Useful information

    Red flag waving in wind

    Colorado’s red flag law allows a person’s family and household members to ask the court for an extreme risk protection order” (ERPO) prohibiting that person from having a gun. The purpose of ERPOs is to prevent people who are exhibiting a high risk of hurting themselves or others from possessing firearms. 1. What is an …

    What’s the background check process to buy a gun in Colorado?

    Posted on | Category: Gun Laws

    Before people can lawfully buy a firearm in Colorado, they must pass a Colorado Bureau of Investigations (C.B.I.) background check. The process includes filling out an application and waiting about twenty minutes for approval (or a rejection). Then starting on October 1, 2023, there is a three-day waiting period (“cooling off” period) before the seller …

    How long does it take to get points off your license in Colorado?

    Posted on | Category: Useful information

    Sign that says "Driver Licenses"

    Colorado DMV points never disappear, but the DMV stops counting them against you once two years have passed. In short, DMV points older than 24 months cannot be used to suspend or revoke your driver’s license in Colorado.1 What shows up on my driving record? A Colorado driving record shows the last seven years of …

    Colorado Criminal Records – 5 key things to know

    Posted on | Category: Record sealing

    Clipboard that says "criminal record" next to a gavel

    1. Most criminal history records get sealed automatically Prior to 2023, you needed to file a petition to seal your Colorado arrest records and criminal conviction records. Now it happens automatically as long as you pick up no new criminal cases. The waiting period before your record gets automatically sealed depends on the case. Colorado …

    Expunge vs. Seal criminal records in Colorado – What’s the difference?

    Posted on | Category: Expungment, Record sealing

    Paper that says criminal record expungement next to a gavel

    The terms “expunging” and “sealing” are often used interchangeably because both processes lead to the same result: Your criminal record no longer coming up on background checks. However, expunging is technically different from sealing. When a criminal record gets expunged in Colorado, it is physically destroyed. There is no trace of the record left for …

    Denver Hit and Run – 5 key things to know

    Posted on | Category: Hit and Run Accidents

    Dented bumper following a hit and run

    1. You must stop after a car accident If you are driving in Denver, Colorado and have a collision with another vehicle, bicyclist, pedestrian, or property (such as a mailbox or gate), you have the following five duties: Stop and park your car as quickly and nearby as you safely can. If anyone is injured, …

    Colorado Rules of Criminal Procedure – What Are They?

    Posted on | Category: Useful information

    Attorneys in a courtroom

    The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section:  I. Scope, Purpose, and Construction Rule 1. Scope The …

    ICE in Denver – Are they still apprehending people?

    Posted on | Category: Immigration

    ICE officer arresting immigrant by police car

    U.S. Immigration and Customs Enforcement (ICE) has not recently conducted any large-scale raids in Denver, Colorado, on the scale of what occurred in 2019. During one operation that year, ICE’s Enforcement and Removal Operations (ERO) officers apprehended 63 non-citizens.1 Though even though ICE is not arresting immigrants on the scale it used to, all removable …

    How to Request a DMV Hearing after a Colorado DUI Arrest – 5 steps

    Posted on | Category: DUI

    Man at laptop applying for DMV hearing

    If you have been arrested for DUI in Colorado, your criminal defense attorney can request a DMV hearing. This is where your attorney would try to persuade the DMV not to revoke your driver’s license. If you do not have an attorney, you can request a DMV hearing yourself by taking the following steps. Step …

    How to Get a Grower’s License in Colorado

    Posted on | Category: Useful information

    Large marjuana cultivation operation

    Follow these steps to obtain a marijuana growers’ license in Colorado. Step 1: Research Before anything, educate yourself on the latest marijuana laws and business regulations at the Marijuana Enforcement Division (MED) website. You are also strongly advised to consult with an experienced attorney on your options and obligations as a commercial marijuana grower. Step …

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