I did not know about this charge I have no criminal history clean record I'm in Colorado I have been married to her for 28 years and they put a restraining order on me so I have not contacted her
Plead not guilty and request a jury trial! If this is in Westminster (or any municipal court) make sure to pay the jury trial fee. Do not discuss the details of the case with the prosecutor. Consult with a lawyer at your earliest opportunity!See question
I just found out about a job offer of a lifetime in Colorado, and they'd need me there next week. With the legal system the way it is, most have told me that since this is the lowest grade misdemeanor and probabtion there is, that they won't tran...
What you suggest is not a good idea. You are essentially defying the authority of the court.
Your better option is to ask your PO to supervise you via long distance. If the don't agree, a motion to the court to either terminate probation altogether or to convert it to unsupervised probation are much better options than what you suggest.
A lawyer can help you navigate this.See question
I have been in a abusive relationship for the last five years, and living with the MIL that is also abusive and a hoarder, I have taken the kids and left to be with family and support. and in less than three weeks of being here. I have made sure t...
Where you go next depends on your goals. It isn't clear so I'm reading between the lines. It sounds like you need to speak with a lawyer to begins divorce proceedings. I'm transferring your question so that the domestic relations lawyers will see it and weigh in. Many of the lawyers here on Avvo will offer a free, initial consultation so you have nothing to lose in speaking with them. If you don't think you can afford an attorney, speak with your abuse advocate. They will almost certainly know of some low cost options.
You've taken a major step to protect yourself and your family. Best wishes to you and your children.See question
In case, I have a lawyer with me. Do I need to talk to a Judge about my case at all or my lawyer will say everything for me? What should I prepare for myself or evidence? What questions that Judge will ask me?
If you have a lawyer, they can and likely will do all of the talking for you. There are a couple of exceptions. If you are entering a guilty or not guilty plea, the judge may want to hear those words from your mouth. Also, if you are at a sentencing hearing, your lawyer can offer arguments in mitigation for your sentence but the judge will ask if you WANT to speak. You don't have to. Finally, the decision to testify in your own defense is yours and yours alone to make. Even if your lawyer advises against it, you can decide to take the stand in your own defense but are not compelled to do so.
If you have not yet consulted with a lawyer, you need to. Trying to go it alone is rarely a good idea and most lawyers here on Avvo will offer a free, initial consultation.
Best of luck to you.
Denver Criminal Defense Attorney
I have not had anything on my record before this is my first DUI.
A first DUI offense in Colorado is not a felony unless you caused an accident with serious bodily injury or death.
Officers don't ALWAYS request drug testing on blood samples. Unless they have probable cause to believe that you were under the influence of drugs, any such test may be challenged in court.See question
After arrest I bonded out and got an attorney. My attorney received the police report of the arrest but there has been no other correspondence form the court or the DA. I never received a trial date, never entered a plea of not guilty. Looking thr...
Since you have hired a lawyer, the best person to answer this question is them. They presumably have all of the facts about your case at their disposal.
You have paid them good money. Call them and ask.See question
My blood sample was taken around 8:00 pm on August 29 , 2014 and in a car trunk and UPS truck unrefridgerated for 5 days until signed for at the lab on Sept. 3 afternoon
In short, yes there are rules governing the handling of the blood sample.
5 CCR 1005-2 Section 188.8.131.52 says
"The specimens must be placed in secured temporary refrigerated storage at less than 8 degrees Centigrade or frozen until shipped. Specimens must be shipped within 7 days of collection."
However, even if what you are saying can be documented, most judges still won't exclude the blood test results but your attorney can certainly argue to the jury that the results are not valid.
My advice would be to contact Tim Bussey in Colorado Springs. He's one of the best DUI lawyers in the state.
Best of luck to you.
Denver DUI Defense
My girlfriend has been charged with a misdemeanor her and has been told by her probation officer that she is not allowed to leave the state without permission. However she plans to leave the state of Colorado this weekend for Southern Californi...
This seems like the same questions that was posted a short while ago. You had excellent answers to that previous post.
In short, she likely cannot leave the state without permission from her PO. The only true way to know is to look at the terms and conditions of her probation but this one is pretty standard.
She should go sit in the probation office until she gets an answer.
If she leaves the state without first obtaining permission, she would be in violation of her probation and COULD face additional penalties including jail. Is this likely? It depends on too many factors to discuss here. If she has a lawyer, she should address these questions to them.
Best of luck to her.See question
I refused the breathalyzer and was charged with a DWI. In court I was offered and plead guilty to a Careless Driving violation. Given that I didn't get an alcohol related conviction, is there any means that I can get out of having to have an inter...
If the interlock was ordered by the DMV, there is no mechanism to get it remove darling. You must serve the entire two year. On the interlock. The criminal case is completely separate from the DMV process. I wish I had better news for you.See question
My wife and I had an special event for our daughter on August 1st my wife caught the photographer videotaping under her dress with his phone is there anything she can do
As the others have said, you should immediately notify law enforcement. Once that is done, they will interview you and likely seek a warrant for the photographer's arrest. As the victim (and her parents) you have rights. They SHOULD be protected by the district attorney's office and likely will. If you want 100% complete peace of mind, you COULD hire private council to advocate on behalf of you and your daughter.
It is also possible to see civil damages against the photographer. However, and I can't stress this enough, you should call the police first and do it today.
Best of luck to you and your family.
John BuckleySee question