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Kevin Thomas Ellmann

Kevin Ellmann’s Answers

11 total


  • If someone was on unsupervised probation and did not finish there requirements before moving would that state extradite?

    say for not completing there community service,

    Kevin’s Answer

    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 to do to get advice on how to best address this and avoid potentially harmful consequences of warrants, extradition, and increased punishment for not complying with probation.

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

    My son was paint balling with another child and was ticketed by the police. The offenses were two misdemeanors-firing a weapon and discharging missles. Three options were given to him. One to plead guilty and pay a fine. Second, to have the charge...

    Kevin’s Answer

    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 advice. Make sure that attorney is familiar with juvenile law and procedure!

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  • What happens next

    I got a speeding ticket plea to a reckless driving ticket and was told for the plea bargin to go through I had to take a class. I totally spaced the class and now idk if there is a bench warrant for my arrest or what happens?

    Kevin’s Answer

    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.

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

    Both children are 9yrs old and the other child is accusing my son of making sexual advances towards that child and now the police and social services are involved. My son denies any of this happening or even that he knows what sex is. How can I pr...

    Kevin’s 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) into touching, etc. and that is when serious charges and the potential for sex-offender registration start coming into play. As a father myself, I can imagine how terrifying this all is and I wish you the best in sorting through it all!

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  • Petty theft misdemeanor

    I was a minor when this happened but, I shoplifted when I was 16. I never got convicted. I was told by my diversion officer that if i completed my diversion classes the charges would be dismissed, so I did, a month later, I got a letter through th...

    Kevin’s 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, additional facts would be necessary (but it is likely that you are). In short, most background checks will not show juvenile cases - even those which resulted in adjudications (which your case apparently did not). Good luck with the job search!

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  • MIP in colorado

    I got a MIP in colorado, I was not drinking at the party I got there about 10 min before. The cops issued 24 mip's at the same party. The officer never gave me an option blow in a breathalyzer, he just wrote me a ticket. Having never had to deal w...

    Kevin’s 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 trial and challenging the lack of evidence (PBT, etc) whether you have an attorney or not. The only caveat would be if the prosecutor is offering a deferred judgment and sentence with simple conditions like completing an alcohol class for dismissal. In that case you need to weigh chances of a permanent conviction versus the inconvenience of paying a temporary price for a crime you are arguably not guilty of. Unfortunatley, sometimes that is the surest way to a clean record. Good luck!!

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

    My friend and I were at a golf course playing golf. He was driving the cart and we ended up going through a wood fence and damaging it. We left and got called by the sheriffs to sign a summons a day later. We both got a summons for Criminal Mischi...

    Kevin’s 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 on your failure to report). If you truly desire to avoid any charges, you probably want an attorney. Along those lines, talking to the property owner is not likely a good idea at this stage as that would constitute an admission to your involvement. On the other hand, paying him back in advance of the case proceeding could go a long way toward a favorable disposition - so you might want an attorney to handle this on your behalf. I understand it is complicated, but when you have a future career riding on this, it is definitely worth investing in a good attorney. Good luck (and all the best with your future career as we need all the good cops we can get)!

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  • 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

    need to take care of to get a licence in another state

    Kevin’s 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 Clerk's Office which can be faxed to the DMV. Then you have to satisfy the DMV's reinstatement requirements ($95 fee, etc) and they will clear you to get licensed in your home state. An attorney can handle most of this for you on your behalf without your need to appear back in Colorado. Good luck!

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

    she aslo has a careless driving ticket froma previois car accident. What shouls she do. Hire an attorney? WHat can she expect

    Kevin’s 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!

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  • What does demand for preliminary hearing mean

    Been in jail for w week and was going to attend court today nut it said demand for preliminary hearing

    Kevin’s 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!

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