Sean Patrick Paris's Answers

If you are fifteen and you are dating a twenty one year old can he get into trouble in the state of colorado?

So long as the relationship between the fifteen year old and the twenty one year old does not otherwise involve prohibited conduct, Colorado law permits a sexual relationship between a person who is more fifteen years or older and a person who is not more than ten years older than the younger person. Since a twenty one year is only six years older than the fifteen year old person; the older person does not commit a criminal offense. Keep in mind, however, that there are other Colorado laws...

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How can I expunge a restraining order

You need to file a motion to vacate the Restraining Order. This area of the law is highly regulated and you should review the Colorado statutes and court rules that govern the modification/vacation of restraining order. For example, take a look at CRS 13-14-101, et seq. and Rule 365. Since more than five years have expired from the time the restraining order issued, you are eligible to have the restraining order lifted. When you file your motion, ensure that the court will actually set it...

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Does my attorney have to give the information he received from the investigator on my case?

Generally speaking, and with some exception, a criminal defense attorney should disclose to the client all available discovery so that the client can make intelligent decisions about: (1) what resources to allocate to the trial; e.g. for the retention of experts, (2) whether or not to testify; and (3) any other aspects of the case that require your direct input; e.g. whether or not to enter into a plea agreement. Your question suggests that you may have been convicted of a crime at trial....

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Should I try to fight an MIP charge?

You should get an attorney to look into this for you. An MIP ticket in Colorado is a class 2 petty offense; there is no reduced charge available. A class 2 petty offense is as low as a charge goes. WIth that said, it does carry a possible fine of $100, 24 hours of useful public service work, and a possible alcohol evaluation. Furthermore, the charge impacts your driver's license, and for a first offense you should expect your license to be suspended for 3 months. There is immunity from...

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Can I file charges against roommate that physically attacked me under CO criminal code

You could file a complaint with the local police/sheriff's department for harassment and assault. Harassment makes it an offensive to touch, strike, shove, or kick someone with the intent to harass, annoy, or alarm, whereas assault requires some boidly injury. Both offenses are misdemeanors in Colorado. You should not delay making this report. Sometimes the passage of time makes the complaint stale and law enforcement officials may not pursue the matter. Furthermore, the Colorado Rules...

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I have 3 seperate cases. can the da put all three together?

Generally speaking, If you were cited for three separate offenses, there should exist three separate cases. It is commonplace, however, for the DA to combine all cases for a "joint disposition." That usually works in your favor. The DA could offer for you to plead guilty to a charge in one case with a dismissal of the other two cases. The quality of the plea agreement in these situations is entirely dependable on your skills as a negotiator. This response is a bit vague since your...

1 person marked this answer as helpful

I have 3 seperate cases. can the da put all three together?

Generally speaking, If you were cited for three separate offenses, there should exist three separate cases. It is commonplace, however, for the DA to combine all cases for a "joint disposition." That usually works in your favor. The DA could offer for you to plead guilty to a charge in one case with a dismissal of the other two cases. The quality of the plea agreement in these situations is entirely dependable on your skills as a negotiator. This response is a bit vague since your...

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What is my likely sentence for a class 4 felony (assault on peace officer) this is my first record of any kind

It may well be that based on your summary, the case has been overcharged: Section 18-3-203 provides that a person commits asault in the second degree if: (c) with intent to prevent one whom he or she knows, or should know, to be a peace officer from performing a lawful duty, he or she intentionally causes bodily injury to any person. In your case, there may be two important factors to focus on: (1) did you know, or should you have known that the person you hit was a police officer;...

How do i handle an out of state warrant

First, it is highly unusual that Colorado would initiate inter-state extradition proceedings against you for a class 3 misdemeanor theft case. I would expect that the warrant is only extraditable within the state of Colorado. That means that you would run a risk of arrest, of course, when you enter the jurisdiction. Second, it is always advisable to resolve your probation violation case. You should understand that your exposure for a class 3 misdemeanor is a fine of up to $750, and a...

What is the likelihood of me avoiding jailtime?

The fact that you are now in compliance will go a long way. It sounds like this is a first revocation proceeding. It is important to determine what the grounds for revocation are. In colorado, there are two types of violations of probation: (1) technical violations, and (2) substantive violations of probation. Under the heading technical violations, the court includes: failure to complete domestic violence classes, not meeting with your probation officer, not making payments, etc. The...