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Cajardo R Lindsey

Cajardo Lindsey’s Answers

7 total

  • For city charges; assault and disturbing the peace.

    Original charges were assult 3 and criminal trespassing, but police officer called me two days after I was bailed out of city and county of Denver. The officer said they were dropping the assult 3 and criminal trespassing charges. Then gave a yel...

    Cajardo’s Answer

    Based on what you’ve written (but I can’t be sure without looking at your paperwork) you were initially charged with 3rd degree assault and criminal trespassing, which are state charges. The 3rd degree assault is a class 1 misdemeanor; however, the criminal trespassing could either be a felony or misdemeanor depending upon how it was charged.

    Then it sounds like those initial charges were dropped and you were served with a citation for assault and disturbing the peace which are City charges and are also petty offenses and not misdemeanors or felonies. Sometimes when police officers present cases to the District Attorney’s Office (the office that handles State charges) the DA’s decide that they don’t want to prosecute them and so they are taken to the City Attorney’s office which will usually take the case under its City charges. Sometimes there are reasons for dropping of charges, and those reasons could work in your favor.

    I agree with Daniel Nelson Deasy, hire a criminal defense attorney to advocate for you in this matter.

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  • What type of plea can my husband be offered if he pleads guilty to 2nd degree assault/causing serious bodily injury in Denver,co

    he has no priors.21 years old. A 51 year old man had broke out his step moms windows and when he confronted the man he came at my husband trying to hit him.my husband hit him first causing him to fall and crack his head on the sidewalk.Is there an...

    Cajardo’s Answer

    Provided the prosecution makes an offer, because they are not under any obligation to offer your husband anything, the offer itself is totally up to that prosecutor. If the facts are as you say, it appears that there may be a defense of property argument to be made as well as self defense. If the prosecution sees either or both of those arguments as a hindrance to their case, in Denver, your husband may be able to get a 2nd degree assault (drugging the victim) offer. Although this offer is still 2nd degree assault, the “drugging the victim” subsection of the statute does not come with mandatory prison time as does the current charge your husband is facing. Therefore, your husband could argue for probation if probation was not a stipulation of the plea to drugging the victim and avoid prison time.

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  • It's my second DV charge - will I have to serve jail time?

    I recently got off of probation with a deferred sentence for a charge a year and a half ago. There was alcohol involved. I had been sober for over a year, but as soon as I was done with probation, I relapsed. I recently was arrested for assaul...

    Cajardo’s Answer

    Your first question was “will I serve jail time?”

    First let me say, you should get an attorney to represent you in this matter. It is hard to say whether you will serve jail time as there are a number of factors that come into play in your case. One is whether you are actually convicted of the offense. Of course, if you go to trial and win you will not serve jail time. Two, if you plead guilty, is there a stipulation between yourself and the prosecution that there would be no jail time. If not, and you do pled guilty, you would have to advocate for yourself as to why you should not received jail time. Again, you should obtain counsel in this matter. There are other factors as well, for example, the seriousness of the facts in the case, or how a particular judge views DV as the judge would be the one sentencing you. So, it is hard to say whether you will get jail time on this case.

    Your second question was “If time is offered by the D.A, would I need an attorney to help me fight for week-enders vs straight time?”

    If the prosecution offers you a deal where jail time is a part of the agreement, you may ask the prosecution to stipulate to how the sentence is served, i.e., on in-home-detention (serve sentence on an ankle bracelet at your residence), or work release (would get out of jail to go to work and have to return afterwards), or a suspended sentence (a number of days in jail suspended provided you successfully complete probation). Have I said that it would definitely be a good idea to obtain counsel in order to advocate for you on this case?

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  • How long can a case stay pending after i have been to court and said take it to trial and i haven' heard anything in five months

    already been to court three time they wanted me to plead guilty,and each time the money that they said was taken got lower and lower and the last time i said take it to trial .there is alot of untrue facts in the motion of discovery that dont add ...

    Cajardo’s Answer

    A lot depends on your plea of "not guilty" and your constitutional right to a "speedy trial". Speedy trial means that the government has an specific time frame in which to prosecute you for a crime they have charged you with once you have pled not guilty. I would consult with a lawyer in your area to check your speedy trial time frame as it relates to your not guilty plea.

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  • My boyfriend is on probation and he violated it and was on the run for 7 months is there any chance he can get reinstated

    avading arrest, missed his court date, and was on the run for 7 months

    Cajardo’s Answer

    It does not help your boyfriend’s case for reinstatement that he has been on the run. Nevertheless, the biggest factor on whether your boyfriend will get reinstated is if the Judge decides to grant reinstatement. The judge ultimately decides, after a probation revocation is admitted or proven in court, whether the probationer gets another chance. Having said that, it is in your boyfriend’s best interest to offer mitigation as to why he violated and was on the run. For example, he may have drug dependency issues that were not being address by probation and now your boyfriend is bringing it to the attention of the judge that he needs help. Ultimately, there is a chance he could get reinstated if your boyfriend’s plea/argument to the court is done clearly and compellingly.

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  • Friend of mine has felony trespass, been in jail since Feb, when can he get out and what is bail amount?

    Incident occurred over year ago. Was supposedly dropped. I LIVE IN illinois. Hoow can I find out more on his case?

    Cajardo’s Answer

    Your first question was “when can he get out?”

    There are a number of ways your friend can get out: 1.) If the Prosecutor dismisses the case; 2.) Your friend takes the case to trial and wins; 3.) The prosecution offers a plea that does not include jail time and your friend takes the offer; 4.) the Prosecution agrees to a Personal Recognizance bond (meaning your friend promises to appear); 5) pending all these situations, your friend makes bail.

    Your second question was “what is the bail amount?”

    You can call the clerk of courts in the jurisdiction where your friend has his/her case and they should be able to tell you what the bail is for your friend.

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