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Mark Patchin Miller

Mark Miller’s Answers

142 total


  • Filing motion to revoke bail I posted

    I posted a cash bail and am afraid fool I bailed out is going to flee the state. The clerk of courts referred me to the proper forms- but what is the burden of proof I need to get the bail back?

    Mark’s Answer

    You probably don't have a burden of proof to convince the judge that s/he should make the Defendant post a substitute bail or allow the Defendant to go on a Personal Recognizance (PR) bail, meaning the Defendant is on their word that they will show up in court. It's totally up to the judge and I would imagine that the Defendant would object to your motion/request and tell the court that your belief is pure speculation and is unfounded. The judge has the authority to tell you that you should have thought this out before you agreed to post the cash bail.

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  • I was charged with criminal impersonation because I lied and said I was my brother when a cop asked for my identification.

    I knew I had a warrant for a FTA while on probation for a dwai back in 2010. If I take this to court, will they drop the charge?

    Mark’s Answer

    In addition to the previous responses to which I agree, you have probably caused a nightmare situation for your brother who will probably have to hire an attorney in order to clear his record of this felony charge as well as take time from his job and life to address your conduct. If you don't show up the court will issue a warrant for your brother's arrest. You need to hire an experienced attorney asap to resolve this case.

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  • My son is 15 got caught at school with a marijuana pipe. do we need a lawyer and will this stay on his record.

    what will he be charged with? the s school said he received a ticket the school didn't use the term charge

    Mark’s Answer

    You and your son should talk to a local lawyer who handles school/education law matters. Generally someone who handles Administrative/Education/School Law. They can help you and your son interact with the school administrators. Depending upon the type of ticket he received it could be limited to the school or it could be a criminal summons.

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  • Denver DUR cases with no actual driving offenses committed. Is this legal? These cases seem to be targeting Hispanics & blacks

    I was researching a case (pulled up by case number) on denvercountrycourt dot org, and out of curiosity, also researched the twenty cases before and after it. I'm concerned - DPD is charging people with DUR left and right, especially in ...

    Mark’s Answer

    Profiling is illegal although it is unfortunately happens; however, if the officer is familiar with the driver then that's a different story. Although it sounds as though you yourself are not a Defendant, you may want to contact a civil rights attorney about the possibility that they might be interested in a civil rights case.

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  • How do I find an inexpensive but good attorney for harassment charges in Thornton?

    While visiting a friend and trying to help move out her renter. I accidentally dropped a box on the woman who pressed charges on me for harassment and damages.

    Mark’s Answer

    Other than looking up attorneys on AVVO you can also cross reference those attorneys with high ratings with those listed on the low pay/slow pay list with the Adams County Public Defenders Office. Otherwise, you can check out the Colorado Super Lawyer list and the Martindale-Hubbell list for lawyers who have an AV Preeminent or AV Rating although there is no guarantee that those attorneys are inexpensive.

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  • Possibility of getting charged?

    Back in April I was involved in incident at school where a kid brought forged bills to school and gave me a $20 and asked me to get him change . I used it at the schools store. Last time I talked to police was in May . I was the only one who talk...

    Mark’s Answer

    As others have stated the likelihood based on what you have stated is remote; however since you don't know specifically what the others have told law enforcement there is a possibility that one or more of them may implicate you through their statements. The longer the period of time that goes by works in your favor, although these types of cases can take a long time to develop, because ideally the authorities would like to get the "biggest fish" or person involved.

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  • I was given a choice don't know which one to take

    If you were given the choice on a plea bargain for a 12 month deferred sentence in the State of Colorado for Reckless Endangerment or Misdemeanor Assault. Which is the better option? Which carries more consequences in both the short and long term...

    Mark’s Answer

    I agree with Mr. Leroi's response. Re professional licensing options it depends upon the type of license for which you are applying and when you apply. Meaning that currently there might be an advantage of one or the other but that might change if say you waited several years to make your decision because the agencies statutes and rules and regulations could change in the meantime. Generally though an agency is going to look at the severity of the charge to which you plead or whether the charge constituted theft or involved moral character. If you do not have any attorney and were offered these options an attorney may be able to negotiate a better option that is currently not on the table.

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  • The sealing of a petty theft charge on a juvenile record in the state of Colorado?

    I was charged a misdemeanor charge of petty theft when I was 17. As of right now, the case is dismissed and I am 18 so I am able to go seal my juvenile record at the courthouse. I researched on the Colorado Bureau of Investigation website and fou...

    Mark’s Answer

    As Mr. Leroi correctly stated you should explore the possibility of having your record expunged, meaning the record is destroyed. You can only do that generally with a clean record after turning 18 years of age. The longer you wait to expunge your record the higher the possibility is that a private record collecting service may get a hold of the information to be able to disseminate it, even if it were by mistake. Theft cases are difficult especially when filling out applications. Some applications specifically ask the question such that if you said no and they were later able to find out then you might be disqualified (for have made a misrepresentation on your application even though technically speaking your should be able to answer in the negative).

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  • If a case has a strong possibility of being dismissed, does the attorney have to wait until right before trial to file motion or

    can the motion to dismiss be filed at any time? Drug case, stale information, warrant issued by judge before DA signed warrant, wrong dates, lots of mistakes. and can you tell me what a review hearing is and why it is held if case is being dismi...

    Mark’s Answer

    Many times the judge will set a date when Motions have to be filed so in that situation there is a deadline as to the filing date. One of the reasons why it is critical to see the police report and other discovery is to determine if tactically it would be better to wait and not raise these types of issues to tip the D.A. so that they can amend the charges. But it is critical to get all of the discovery and if need be, to file a motion to preserve discovery so that some piece of evidence that it helpful to your case doesn't disappear or get destroyed.

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  • Need to retake drivers tests after a DUI-D? What about interlock? Also do I send in forms or take them to DMV?

    My questions is if I have to retake the written, driving and eye test if I got a DUI-D under the age of 21. My license was taken away for a year. Also, even though it's not alcohol related, do I still have to get a Interlock in my car? Also, I tal...

    Mark’s Answer

    In addition to Rhidian's answer, in addition to the reinstatement paperwork you will have to have written proof of an SR22 (supplemental insurance coverage because of the DUID) that is valid on the date that you are delivering the reinstatement paperwork. DMV no longer permits people to hand-deliver documentation for reinstatement. If you wear glasses to drive make sure that you have them with you.

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