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Juvenile Crimes A-Z ShouseLaw.com Directory All Cases A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Adjudication Hearings B C Criminal Defense of Juveniles D Deferred Entry of Judgment Detention Hearings Disposition Hearing Division of Juvenile Justice …
In Colorado, felony assault is a charge of assault that is a felony, rather than a misdemeanor. An assault involves intentionally or even recklessly hurting someone. Felony assaults often involve deadly weapons. Four instances where assault is charged as a felony include: First-degree assault (CRS 18-3-202), a Class 3 felony, Second-degree assault (CRS 18-3-203), a …
CRS 18-4-202 is the Colorado law that defines first-degree burglary as knowingly entering another’s property with the intent to commit a crime, and the burglar commits assault on someone or has a deadly weapon (or threatens to use one). As the most serious burglary crime, first-degree burglary is a class 3 felony, carrying 4 to 12 years in prison and/or $3,000 to $750,000 …
Early removal of an ignition interlock device (IID) in Colorado is possible if the following five criteria are met: The defendant is a first-time DUI offender; The defendant’s blood alcohol content (BAC) was less than 0.15%; The defendant was 21 at the time of the DUI; The defendant is a Colorado resident; and The defendant was …
Yes, Colorado does have a Romeo and Juliet law. A minor under age 15 in Colorado can consent to sexual penetration with a person who is within four (4) years of his or her age. And a minor age 15 or 16 years of age can consent to sexual penetration with a person who is within …
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 …
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 …
Waiving extradition in Colorado is when 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 charging …
How long the Nevada divorce process takes in Nevada depends on several factors, including: whether the divorce is contested or not; whether there are children involved; the complexity of the marital estate; and the court’s own caseload In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. But …
Police misconduct and abuse involving tasers is very common. Tasers and stun guns burst onto the law enforcement scene in the 1990’s. They are sometimes billed as “nonlethal” alternatives to firearms. But in fact, tasers and stun guns are very serious and even lethal weapons. Over 350 people in the United States have died after …
What happened to California's "open carry" gun laws? A former D.A. explainsWatch this video on YouTube Penal Code 26350 PC is the California statute that makes it a crime to openly carry an unloaded firearm in a public area. This section effectively repeals what previously had been a limited “open carry” law in California. Prior to 2012, anyone …
It is a crime in California to make a false 911 call. Depending on the facts of the case, a fake emergency report to 911 could be charged as a misdemeanor or a felony. Per Penal Code 148.3, it is a crime to: report or cause a report to be made, to certain government agencies, …
A Marsden motion is a legal document, brought by a defendant and filed with the court, for the purpose of firing a defendant’s court-appointed attorney. The court considers and rules on the motion at a “Marsden Hearing.” The name of the motion comes from a real California court case, People v. Marsden. And, the motion …
A person in California can get jail time for not appearing in court. In fact, a judge can punish a person with imprisonment if either of the following occur: the party does not appear in court in a criminal matter when ordered by the court to do so, and the person breaks his promise to …
In Colorado, you can secretly record conversations that involve you. This applies to in-person conversations and conversations on the phone. If you are not a party in the conversation, it can be illegal. It can also be illegal if the person you are talking to is in a different state. You could be prosecuted for …
On January 1, 2018, the California State Legislature enacted specific guidelines concerning minors in solitary confinement in a juvenile detention facility. Previously, there were no guidelines on solitary confinement. First, you will not find the term “solitary confinement” in Section 208.3 of the Welfare and Intuitions Code. Section 208.3 replaces the term solitary confinement with “room confinement.” …
It is possible for a person to be arrested in California if he has a misdemeanor bench warrant from out of state. The fact that a judge issues a bench warrant against a person typically gets put into an interstate computer network. This means that the warrant will show up out of state if the …
Most California courts will not recall or drop a bench warrant (“BW”) on their own. The best way for a person to clear a BW in California is typically by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. Please note that it is critical …
This depends on the offense for which the strike was given. A strike cannot be expunged, or removed, if: it was given for a serious sex offense listed in Welfare and Institutions Code 707b, the offense was committed when the defendant was 14 years of age or older, and the juvenile is required to register …
In most cases, people are under no legal duty to report a crime In most cases, people are under no legal duty to report a crime. This is true no matter if someone: knew about the crime in advance, witnessed the crime while it unfolded or took place, and/or learned of the offense after it …
Yes. Police can act on anonymous tips if they follow the rules, laws, and procedures that have developed in accordance with the U.S. Constitution. Police contact with people usually occurs: on public streets, in motor vehicles, in homes or other buildings. The Fourth Amendment of the United States Constitution guarantees: The right of the people …
Misdemeanor probation, sometimes referred to as “summary” or “informal” probation, is an alternative to jail. It allows low-risk offenders to serve most or all of their sentence under court supervision instead of behind bars. Summary probation typically lasts for between one and three years in California (though it can last up to five). During that …
Any person who gives a statement to the police may decide to recant that statement. But, even if a statement gets recanted, people must know that: a prosecutor can still choose to file criminal charges against a defendant, and if a person recants a statement because it was false, then the party may face criminal consequences. …
A civil compromise is only available in misdemeanor cases. They are not allowed in felony cases. A civil compromise is no longer allowed in California hit and run cases. While it used to be available to help dismiss these offenses, in February 2019 the California Appellate Court ruled that a charge of misdemeanor hit and …
California law allows people to sue if they are bitten by bedbugs while renting property or staying in a hotel. But the right to sue is against the property owner. To date, there have been no successful claims against Airbnb itself for bedbug bites or infestations. Airbnb does not appear to have a legal duty …