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Ann Toney
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Ann Toney’s Answers

260 total


  • If the cops and wal-mart left bruises and marks my 16 yr old son.

    He was accused of shoplifting. When walmart security stopped him. He walked back with him to item he was accused of stealing. My son also lifted his shirt and let him search him.. Wal-marr Sercurtiy then tripped him. My son went to my moms van. Co...

    Ann’s Answer

    There probably is store footage of video which may help your son as it sounds like neither the store nor law enforcement found any evidence from any shoplifting. Just because he was charged doesn't mean he did anything wrong. This video though gets re-recorded over in short order to get a criminal defense lawyer hired so he or she can move to secure this video. Good luck!

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  • Is this grounds for reasonable suspicion? DUI arrest.

    Our car was parked at 2am in a well light strip mall plaza in a very low crime area north of Denver. Myself and two females were standing outside of a car discussing our options to get an Uber. All our phones were out of batteries, but we couldn't...

    Ann’s Answer

    I agree with my colleagues that your situation sounds suspect. Based on what you said I think the government has significant problems with their case. I would contact one or more DUI attorneys and schedule a free consultation. Being outside of the car is significant. There are some legal factors that a jury consider when determining whether a DUI occurred and two of them are: Were the keys in the ignition? Where was the driver located when the officer arrived? Good luck!

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  • Do i have the right to have a attorney at sentencing?

    i have sentencing for a probation revocation on the 3rd of August, do i have a legal right to have a attorney there on my behalf when this happens even though its sentencing? And if i dont have one will it get set over?

    Ann’s Answer

    I agree with my colleague Mr. Lazzara. Quite frankly a Judge will want to know that you did your due diligence in trying to hire an attorney before the sentencing hearing. The Judge may ask what lawyers you talked to. The judge will not be happy if you just show up for sentencing and ask to continue the hearing because you want a lawyer. The Judge will probably say you knew a while ago this sentencing was coming; why not get a lawyer and be ready? So, if you have talked to various lawyers and simply could not afford one and was saving your money to hire one, you would at least be showing the Judge you were sincere and not just trying to drag the sentencing out. Also, the Judge may ask when will you be able to actually hire the attorney so you need to figure that out before you go back into court. As my colleague said, you are better off hiring the lawyer ahead of time and letting him or her file an entry of appearance and then the Judge will more than likely grant the continuance.

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  • 2nd DUI 1st one 10 years ago in another state.

    I had a DUI 10 years ago. Waiting for a friend in front of an apartment. I got worried about where we parked. I moved to the drivers seat in case yhe car needed to be moved. I fell asleep and cops came. I refused the breathalizer since i was ...

    Ann’s Answer

    I agree with Mr. Buckley. You present some facts which could be beneficial to you and we need more information. The fact that a DA offered you what sounds like 40 days in jail with work release sounds a bit excessive. Are you in Denver Court? Make an appointment with a DUI attorney to discuss your case. It sounds like you need some legal assistance. Don't wait.

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  • Can I obtain Toxicology report before arraignment on DUI summons?

    I was involved in a single vehicle motorcycle accident and taken to the hospital. I remember taking a breath test at the hospital given by an officer. The officer could not get a good test because of my two collapsed lungs and asked if I would con...

    Ann’s Answer

    When the government took your blood they took a vial for you. Depending on what lab was used (ChemaTox, Denver, etc.) it may be a month or three before the government has your blood test results. When they took blood from you they took two vials. One of them is for you. You can have your blood from that vial tested soon. Contact Rocky Mountain Laboratory in Fort Collins and discuss with them what you need to do with them in order for them to pick up your blood vial and test it for you. Once they are able to pick up your blood, it should take a few weeks before you can know what the blood results are. Good luck.

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  • First time DUI offense. (Colorado)

    I got any first DUI and am unfamiliar with how to proceed. My BAC was .188. I have seven days to contact the dmv to request a hearing about my drivers license. I reached out to a lawyer but haven't heard back. Should I talk to one before I call an...

    Ann’s Answer

    I agree with my learned colleagues Mr. Buckley and Mr. Lazzara. The only thing I would add is when you do request a hearing, you would have to make a decision to request the law enforcement officer attend your hearing or not. Different lawyers have different views on that topic. If you do NOT request the officer attend the hearing, while you can request him later, it will cost you more as you will have to subpoena him/her.

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  • I was just arrested for the 3rd DUI in 12 years. I have a young child. Will I receive jail time?

    I was arrested for DUI. This is my third DUI with the first being in Colorado 12 years ago. The second DUI was in California with the 3rd in Jefferson County. I had a minor accident with no injuries. I refused testing. I am a stay at home mom...

    Ann’s Answer

    It is always the million dollar question as to what will happen to you, or anyone charged, in court. Regardless of what you may hear; no one knows, neither you nor an attorney, until they get all of the evidence/discovery in your case. Often the lawyer will go and obtain additional evidence (video, investigation) in your case beyond what the District Attorney provides. Also, how hard do you want to fight your case and how much money do you have to invest. Sounds like you refused testing; did you refuse roadsides as well? Hiring a skilled DUI attorney can make all of the difference in the world. The standard sentencing though on a third, should you be convicted, carries a minimum mandatory jail sentence of sixty (60) days in Colorado. There are ways to help you with your sentencing to keep it to the minimum. Also, you don't know at this point if the government will find your CA conviction (it is the government's burden of finding any priors). So, get calling some DUI attorneys for free consultations and get an attorney on board to help you with this case. Good luck!

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  • My son is being charged with dui and a duid that he received w/n week of each other. What is fair offer from da?

    Son was going thru rough patch n got dui. He then was charged w/ duid week later.two different stops. dui is legit but tryn to fight duid. Pc was that he supposedly didn't allow enough space on roadside traffic stop when he passed one lane over ...

    Ann’s Answer

    If you want to get the best defense for your son on both charges; hire a skilled DUI attorney that knows how to defend both DUID and DUI effectively. Period. Going on line with a few statements doesn't do anything for your son. There is "Discovery" in each case (the evidence against your son) and that must be reviewed carefully for each case. Also, having both charges in the same jurisdiction can be beneficial but that is up to the skill set of your lawyer to negotiate. Go and talk to that attorney and tell him or her why you don't care for the defense they have offered in your son's case as your attorney may be doing more than you think. They need to know how your son feels about the representation. If there truly is a breakdown in communication or the lawyer truly has dropped the ball.......ask for your money back and go find someone else. There are some very skilled lawyer in the Gunnison area and many DUI attorneys travel the state defending clients. Get looking and good luck.

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  • Do I need an attorney?

    I have an interlock device in my car which I'm required to have for one more year. My question is two-fold. Can I move the dmv for an order removing the interlock early because I've had no violation s for a year. I'd also like to know if I got cau...

    Ann’s Answer

    The answer to your first question is no, you will not get the Interlock removed before your 24 months is up. Even if you have had no error messages it is an Administrative action which requires you to have the Interlock in according to the regulations promulgated by the Department of Revenue, Division of Motor Vehicles and they do not have at this time a provision for early removal when the term is 24 months. As far as your second question goes a penalty would be to lose your license for yet another year if you are caught driving without an Interlock.

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