Kevin Thomas Ellmann’s Answers

Kevin Thomas Ellmann

Castle Rock DUI / DWI Attorney.

Contributor Level 7
  1. If someone was on unsupervised probation and did not finish there requirements before moving would that state extradite?

    Answered over 2 years ago.

    1. Kevin Thomas Ellmann
    2. Stephen Clark Harkess
    3. Danyel S. Joffe
    3 lawyer answers

    The short answer is: it depends. Often, on a felony matter, the state will choose to extradite, but not very often for misdemeanors. However, even if extradition is nought sought, it can be sought at any time as there will be an active warrant for arrest. So that cloud would be hanging over ones head, in addition to precluding travel back to that state. Best practice is usually to proactively address the situation and handle the matter. Consulting with an attorney would be the proper thing...

    1 lawyer agreed with this answer

  2. Are juvinele court records erased when they turn 18 years of age?

    Answered over 2 years ago.

    1. Kevin Thomas Ellmann
    2. Ronald S. Pichlik
    2 lawyer answers

    All Juvenile records are automatically "sealed" meaning that the general public (ie. employers, etc.) cannot have access to those records. Juvenile matters can also be expunged after a certain period of time, meaning that the records are removed completely (although likely still with some limited availability to law enforcement, etc.). In terms of what is the best disposition for this case, I would say that an attorney is necessary to evaluate the strength of the People's case and give proper...

    1 person marked this answer as helpful

  3. What happens next

    Answered over 2 years ago.

    1. Clifton L Black
    2. Kevin Thomas Ellmann
    3. Joseph Scheideler
    3 lawyer answers

    Whether a warrant has issued depends upon how long ago verification of the class completion was due. I would recommend that you immediately contact the Clerk for the Court that ordered the class and inquire. Often, in minor traffic matters like this, the Court can be very understanding and give you some extra time to complete the class.

  4. My child is being acused of making sexual comments and suggestions to anther child in his class? Do I need to get a lawyer??

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    I am sure this is a very scary and uncertain situation for you. I know that it is probably not appropriate to be more specific about the nature of the allegations in this forum so it makes answering your question somewhat difficult. However, in any case that there is a "sexual offense" basis, I would strongly recommend finding a qualified attorney to guide you and your child through the process. These kinds of allegations can quickly snowball (especially with easily suggestible kids involved)...

  5. Petty theft misdemeanor

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    All juvenile matters are automatically "sealed" in Colorado as long as the matter was pending in juvenile Court (which it likely was if you received diversion). This means that a general background check will not show this case unless it is somehow law enforcement or other governmental type employment. You can further protect yourself though by seeking "expungement" of the records once certain statutory requirements have been met. To answer whether you are eligible for expungement,...

  6. MIP in colorado

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    It is always difficult for the accused to combat allegations brought by law enforcement, especially when the officer is not being truthful in his/her report. I suggest you find as many of the people at the party that you know/knew who can corroborate that you were not drinking and have them fill out notarized statements that you can provide to the prosecutor. Hopefully, if the prosecutor is reasonable, he/she will agree to dismiss based upon that. If not, you have nothing to lose by going to...

  7. How do I clear a clear a criminal mischief case from my record?

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    This is somewhat complicated... In Colorado, the culpable mental state for this crime is "knowingly" and not "intentionally." First, you were not the driver of the cart that caused the damage, but you could be criminally liable as a "complicitor" or co-conspirator (if they have evidence that you agreed to cause damage or to do an act that led to the damage) - which is unlikely. Generally, there is no duty to report the crimes of another (although your prospective employer would likely frown...

  8. How do i take care of a ticket from july 2005, for no insurance.and speeding 35 in a 25. same citation.from 500 miles away

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    There is likely a warrant for your arrest at this point so it will require an appearance from either you or an attorney on your behalf. If you had insurance on the date of offense, make sure you get proof of that and that charge will be dismissed (by statute). Once you then resolve the speeding charge (likely with a plea to a lesser offense), the Outstanding Judgment Warrant (OJW) can be cleared - you will be required to pay a $35 fee. You can then get a Letter of Clearance from the Court...

  9. Myy daughter recived an mip in colorado at her university. She admited to drinking to a resident hall manager. SHe was with.

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    With the combination of both of those cases, I would recommend she hire an attorney. She will likely get a better overall outcome if the attorney negotiates a "global disposition" of the two cases as opposed to handling them seperately. Depending upon how good the attorney does, she should expect alcohol classes and some points against her Drivers License (which will likely affect insurance rates). Good luck!

  10. What does demand for preliminary hearing mean

    Answered over 4 years ago.

    1. Kevin Thomas Ellmann
    1 lawyer answer

    In Colorado, if you are in custody for a Felony (or even out of custody for Class 3 Felonies and Mandatory Sentencing Crimes) you are entitled to have a judicial determination of probable cause. The rules of evidence are typically relaxed at these hearings and all evidence is viewed in the light most favorable to the Prosecution. the "Demand Hearing" is your opportunity to formally request that such a Preliminary Hearing be set (within 30 days if you do not waive that requirement). Good luck!