Austin J Freeley's Answers

Civil demand letter

The civil demand is separate from any criminal action they may take against you. You should pay it as it is not an admission of liability and it will help you in the criminal clerk's hearing if, and when, they bring criminal charges against you. There is a good chance they will bring criminal charges, but as I stated, having paid the fine goes a long way to successfully resolving your criminal case.

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Does a criminal defense attorney "normally" move to suppress any questionable evidence obtained by the prosecution?

You are correct in believing that a defense attorney may seek all evidence and information in the prosecutor's file. Generally, a prosecutor is required to provide the defense with all relevant information, except for his/her "'work product," that is, documents and notes evidencing his/her mental impressions and opinions. This is especially true with regard to exculpatory evidence (evidence showing defendant's innocence). A motion to suppress should be filed whenever the conduct of the...

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If a protection/no contact order has been ordered, can the order be stopped

Yes. The petitioner who requested the order can go into court and request that the order be modified or vacated.

If you are of legal age can your mother go to a PO and state that your boyfriend has hit you ans ask for a no contact order?

I guess the answers to this question depend on whether you boyfriend is actually hitting you. If he is, you should leave him! Statistics show that if he has hit you in the past he will hit you again in the future. Having said that, a probation officer is not a prosecutor, so strictly speaking, your mother should not be going to your boyfriend's p.o. If he is hitting you, she should go to the police. Assuming he is not hitting you, and your mother is attempting to add a new condition of...

OR criminal law, rights of probation officer to contact landlord and make accusations

A probation officer's job is to assist his/her probationer in their rehabilitation, so that they will not commit future crimes. A probation officer's job is not to get the probationer in trouble! Perhaps you are a juvenile or young adult, in which case it may be appropriate to contact your parents to ensure that you are doing the right thing at home and school, etc. A juvenile probation officer is expressly prohibitted from informing any third party's such as landlords about your case....

Criminal defense

Everyone facing a potential jail sentence is entitled to an attorney under the 6th Amendment. That means if you can't afford a lawyer, the court will appoint a lawyer to represent you. However, you do not have the right to choose which lawyer will be appointed by the court to represent you. (Of course, you have the right to hire any lawyer you want). If you and your attorney cannot work together, you may ask the court for a different lawyer. Following a hearing, the court may grant your...

CO procedure for filing for a restraining order and its enforceability

A restraining order is a civil process wherein a judge issues an order for a set amount of time. An extension of probation does not affect the restraining order. A r.o. can only be extending when the petitioner seeks an extension. It sounds like your son is not in fear of imminent harm so I don't think a r.o. is appropriate. He should notify police if she is extorting him though!

Im on county probation if violated for a fine can i file a motion after its paid to have it removed

If you're on probation, you generally cannot terminate the probation by paying the outstanding monies you owed. Still, it sounds like this is a minor offense and attorneys are often able to request that the court terminate probation for some compelling reason. It depends on the judge. Some judges may not view underrage drinking as seriously as others. Most judges will probably insist that the original term of probation remain in place. You are time-barred from filing a motion to revise...

On a probation violation warrant do i have to be arrested then wait on court date?Or can a lawyer get one set for me to appear?

Depends on the seriousness of the violation. Many times lawyers can arrange to have their client appear with them to remove the warrant. It is very important to appear with your own lawyer - that shows the court you've invested money and take the matter seriously. This greatly reduces your chances of being held on a probation detainer.

Can probation be violated on a court closed case

Generally, no. Your probation is only violated when you commit an act/crime subsequent to your being placed on probation. A closed case could only affect your probation status if it occurred after your being placed on probation. That is, if you committed a violation after being placed on probation that crime could trigger a probation violation, regardless of whether the case was closed.