Skip to main content
John Lawrence Buckley

John Buckley’s Answers

1,037 total


  • Is a NCIC printout enough proof for DA to use out of state prior DUIs?

    As part of the discovery for a DUI charge the DA has a NCIC printout showing out of state prior convictions going back 15 years. Is that enough evidence or can those priors be challenged? Does it even matter given that the pre-sentence interview...

    John’s Answer

    No, the NCIC printout is not enough.

    The DA must provide certified copies of your driving record referring to the convictions or certified copies of the convictions from the clerk of the appropriate court. See 42-4-1307(9)(b)(I) CRS

    See question 
  • What are my options?

    I have an arrest warrant in the state of Colorado. I live in Florida. What are my options? It is a warrant for violating a protection order; because I walked into the gas station that the victim worked in. ((I didn't know she worked there at that...

    John’s Answer

    You probably don't want to hear this but you will almost certainly have to return to Colorado to resolve this. It isn't something that you can make go away by paying a fee.

    I wish I had better news. The case certainly sounds defensible. My best suggestion would be to consult with a Denver criminal defense attorney about the details of your case and avenues to explore for your defense.

    Best of luck to you.

    John Buckley
    Denver Criminal Defense Attorney

    See question 
  • What if cop put wrong plate # on ticket I got for speeding

    Got speeding ticket but cop put wrong plate # on ticket...

    John’s Answer

    I wish I could tell you that this minor error will solve your problem...but it won't. This is known as a scrivener's error and won't result in your ticket being dismissed.

    See question 
  • Will a city ordinance violation of shoplifting with a deferred judgement show on a background check?

    I am in Colorado and got a citation for shoplifting. No fingerprints/mug shot. Hearing is at the city municipal court. No prior convictions or arrests. Current student graduating college in May with a degree that requires state licensing. I ...

    John’s Answer

    Sounds like the second lawyer was spot on. You should hire them.

    See question 
  • Do I have to appear in court? What happens with my offense, since Arizona is not a state that lists careless driving as an offen

    I am an Arizona resident cited for careless driving in Colorado after rear-ending a car in front of me due to a sudden stop. At the time of my court date in Colorado, I will no longer be in Colorado, but my ticket says I am mandated in court.

    John’s Answer

    If you simply don't show up, you will regret it. You will have an arrest warrant following you. It will end up causing you a great deal of headache long term.

    My recommendation is to contact local counsel who may be able to handle things for you without your need to return. Try calling Sarah Schielke. She's great.

    See question 
  • Is there anything she can do to help her chances of staying out of jail? or give me a breakdown of what she should do in this s

    So my aunt received 2 D.U.Is in Colorado. She as well received a probation violation and was asked to return to court, which she didn't due to an engagement and move to Alaska. However the engagement failed and now she's back.

    John’s Answer

    A CONVICTION for a 2nd DUI carries a MINIMUM MANDATORY ten days in jail. A probation violation in addition to two pending DUIs is a very complicated situation for which your aunt needs immediate legal representation. She absolutely should not attempt to navigate this situation on her own.

    Many attorneys here in Avvo offer a free initial consultation. She should take advantage of this and talk to a few attorneys.

    Best of luck.

    John Buckley

    See question 
  • Is there anyway I can avoid this ten day jail time?

    I had my first DUI ten years ago in NY. I am currently in CO and I was pulled over for drinking and driving.They are counting this DUI as my second DUI charge. My B.A.C .is beyond the legal limit. So far, I had completed 24 hrs of community servic...

    John’s Answer

    Colorado law has mandatory minimum sentences for 2nd or subsequent DUI's. The minimum mandatory sentence for a 2nd DUI is ten days in the county jail. The only way to avoid this is to not be convicted. You should consult with a lawyer about your case to explore your defense. I suggest Tim Bussey in Colorado Springs.

    You can find his Avvo profile here. http://www.avvo.com/attorneys/80903-co-timothy-bussey-1172128.html

    Best of luck to you.

    John Buckley

    See question 
  • How can I get my vehicle back or do I even have a chance of getting it back

    So my father was accused of conspiring to sell drugs in my vehicle. Long story short they served a search warrant at my house while my father wasn't present, the lead detective started asking me all kinds of questions I didn't know the answer to i...

    John’s Answer

    Contact Sarah Schielke. She has an office in Fort Collins.

    http://lifeandlibertylaw.com/

    Best of luck to you.

    See question 
  • Does he stand a chance, odds?

    So my friend has had 2 dui's previously. The night in question he was not planning to drive, but got into the car as it was freezing outside. He was calling for a ride when he fell asleep. A man walking by called the police to do a welfare check. ...

    John’s Answer

    If he doesn't already have a lawyer, he needs one...badly.

    Can a jury convict on these facts? Yes.

    Can a lawyer make a difference? Absolutely!

    See question 
  • I was arrested for a warrant from 2001 last Tuesday for domestic violence should I plead not guilty

    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

    John’s Answer

    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