Colorado Blog - Page 6

Colorado “stop and identify” law – What are my rights?

Posted on December 13, 2022 | Category: Useful information

If police in Colorado detain you on reasonable suspicion of criminal activity, you are required to provide the following information if asked: your name your address your ID (if you have it)1 Or if police pull you over for an alleged traffic violation, you are required to provide the following if asked: your driver’s license …

Denver hit and run – What are the penalties?

Posted on December 9, 2022 | Category: Useful information

car with dented fender after hit and run

Fleeing the scene of a car accident in Denver without stopping to exchange information or render aid if necessary is a Colorado crime. The punishment for hit and run turns on the extent of the injuries, if any. As long as no one gets seriously hurt, you face only traffic misdemeanor charges. Otherwise, leaving the …

Pulled Over Leaving Colorado? What Can Happen To Me?

Posted on December 2, 2022 | Category: Useful information

If you get pulled over for a traffic violation shortly after leaving Colorado, the police might suspect that you are illegally transporting marijuana that you purchased in Colorado. Even if recreational marijuana is legal in the state you get stopped in (such as Arizona or New Mexico), the police can still arrest you for bringing …

What constitutes “domestic violence” in Colorado?

Posted on November 3, 2022 | Category: Domestic Violence

Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a …

What Constitutes “Contempt of Court” in Colorado?

Posted on November 1, 2022 | Category: Useful information

Colorado courts can find a person to be in contempt of court for deliberately disobeying or disrespecting the court. Civil contempt is imposed when a person intentionally defies a court order. Criminal contempt is typically imposed when a person disrupts judicial proceedings. Depending on the facts and types of contempt, penalties may include fines and …

Community Service in Denver – How to Get it Completed

Posted on October 14, 2022 | Category: Useful information

Defendant sorting out donated clothes in community charity donation center as part of a court-ordered community service requirement

Community service is a standard sentencing term in many Denver, Colorado criminal cases, including DUI.1 Typically the court orders you to complete a certain number of hours of useful public service by a certain date as a term of probation. How many hours do I have to do? It varies by case. For example, underage …

Affirmative Defenses in Colorado Criminal Cases – The Top 5

Posted on October 7, 2022 | Category: Useful information

Woman fighting back against hooded assailant

When you raise an affirmative defense in a Colorado criminal case, you are claiming that your unlawful acts were justified under the circumstances. Because they were justified, you are not guilty of the charges alleged. If you raise “credible evidence” of the affirmative defense, prosecutors then have the burden to disprove your affirmative defense beyond …

Is Careless Driving a Misdemeanor in Colorado?

Posted on September 30, 2022 | Category: Useful information

Careless driving (CRS 42-4-1402) is a class 2 misdemeanor traffic offense in Colorado as long as nobody was injured. The punishment includes: 10 to 90 days in jail, and $150 to $300 in fines. In most cases, judges typically impose just a fine and no incarceration. Note that careless driving becomes a class 1 misdemeanor …

What is Colorado’s statute of limitations for perjury?

Posted on September 11, 2022 | Category: Laws

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 …

Does Colorado Have a “Ban the Box” Law?

Posted on September 7, 2022 | Category: Employment Law

Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in …

Mesa County Community Corrections – How it works

Posted on August 19, 2022 | Category: Useful information

Mesa County Community Corrections is a Colorado diversion program that allows you to work a job and learn life skills instead of serving a prison sentence. By maintaining employment, you will be earning money to pay your court fines, restitution, treatment costs, child support, medical expenses, and room and board. In community correction, you typically …

DUI Classes in Denver – What You Need to Know

Posted on July 29, 2022 | Category: Useful information

If you get convicted of DUI in Denver, the judge will order you to complete alcohol education classes as part of your sentence. Most defendants are court-ordered to complete a Level II Education program, consisting of 24 class hours over 12 weeks. But if you are suffering from alcoholism, you may also be ordered to …

What does it mean to “waive extradition” in Colorado?

Posted on June 6, 2022 | Category: Useful information

A concept graphic of a prison bus, possibly for those facing extradition.

Waiving extradition in Colorado is when a fugitive who is arrested in Colorado for allegedly committing a crime in another state agrees to be transported to the charging state without putting up a legal fight. Extradition from Colorado is a lengthy legal process where fugitives can fight the government’s right to transport him/her to the …

How to get deferred sentencing on a misdemeanor in Colorado?

Posted on June 6, 2022 | Category: Useful information

People happily doing community service as a form of deferred sentencing.

It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety. Deferred sentencing definition A Colorado criminal defense attorney’s …

What does DWAI stand for in Colorado?

Posted on June 6, 2022 | Category: Useful information

A woman who blew a low BAC might still get a DWAI in Colorado.

DWAI stands for the Colorado crime of “driving while ability impaired” (42-4-1301 (1)(g)). In Colorado, people commit DWAI if they are operating a motor vehicle while they are impaired by drugs or alcohol in “the slightest degree.” DUI per se versus DWAI The Colorado crime of DUI per se (42-4-1301(2)(a)) occurs when a person drives …

“Failure to Appear” in Colorado – What are the consequences?

Posted on May 16, 2022 | Category: Useful information

People who miss a required court date in Colorado – called failure to appear (FTA) – will likely have a bench warrant issued for their arrest. Also, the Colorado DMV may suspend the person’s driver’s license while the warrant is outstanding. Even if the judge later recalls the warrant, the judge may impose additional conditions …

When is theft charged as a felony in Colorado?

Posted on May 13, 2022 | Category: Theft

Man stealing iPhone in violation of CRS 18-4-401

Theft of property or cash worth $2,000 or more (“grand theft“) is always a felony larceny charge in Colorado. The higher the value of the items stolen, the harsher the Colorado State Prison sentence and fines. Stealing $2,000 to less than $5,000 is class 6 felony theft, punishable by 12 to 18 months in prison …

What Class of Crime is Domestic Violence in Colorado?

Posted on April 29, 2022 | Category: Domestic Violence

Two fists about to hit female victim in act of domestic violence assault

In Colorado, domestic violence (DV) is not its own separate crime. Instead, it is a sentencing enhancement that attaches to an underlying crime if the two people involved were in an intimate relationship. For example, harassment (CRS 18-9-111) is usually a class 2 misdemeanor in Colorado. If the harasser and victim were ever married or …

How many points on a Colorado license to trigger a license suspension?

Posted on April 22, 2022 | Category: Useful information

Cop pulling over driver who has a history of traffic tickets

For adult drivers 21 and older in Colorado, a driver’s license suspension is triggered by acquiring 12 points in 12 months – or 18 points in 24 months. For adult drivers ages 18 to 20 in Colorado, a driver’s license suspension is triggered by acquiring 9 points in 12 months – or 12 points in …

5 Alternatives to Jail in Colorado

Posted on March 24, 2022 | Category: Laws

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 …

Do I have to disclose a criminal record to employers in Colorado?

Posted on March 24, 2022 | Category: Employment Law

Hand filling out an employment application without a question regarding criminal history

You may have to disclose criminal convictions to an employer in Colorado. Colorado passed a “ban-the-box” law that forbids employers from asking about prior convictions. However, the law only applies to job applications, not subsequent interviews. It also has numerous other exceptions. As a result, you may not benefit from the “ban-the-box” law. You may …

What happens if you violate a deferred sentence in Colorado?

Posted on March 24, 2022 | Category: Laws

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 …

What is a PR bond in Colorado?

Posted on March 24, 2022 | Category: Criminal Defense

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 …

The difference between general and specific intent crimes in Colorado

Posted on March 24, 2022 | Category: Criminal Defense

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 …

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