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Michael D. Evans

Michael Evans’s Answers

45 total


  • I left the country to see my girlfriend while on probation, and didn't notify my officer. I need advice bc i am going back mon

    I got so caught up having a great time helping my girlfriends family and their blind neighbor that i forgot to notify my probation officer. I need guidance in any way. please help

    Michael’s Answer

    You want to search on AVVO for a criminal defense attorney in your state and county/city. They will be able to help you. Leaving the country or state is a problem, yes. Not asking permission - a problem also. BUT the silver lining is you came back, didn't run, and didn't miss any court dates, urine tests, community service. Maybe a slap on the wrist, but hopefully no major problems. An attorney can assist you in making these arguments.

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  • Can an attorney give legal councel to both husband and wife that r charged with the same crime

    drug bust,possible trafficking charges

    Michael’s Answer

    In Colorado, the answer is probably not. Many criminal attorneys I KNO2 would not even risk doing this as there is always the potential claim of ineffective assistance of counsel or conflict of interest brought by the client after the case is over. Usually the rule is that if the defendants are running the same defense, then one attorney can represent both. However, it is more intelligent to have two attorneys representing one defendant just in case there is a break in the similarity of the defense, or attorney client confidentiality issues.

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  • Is this double jeopardy?

    They had 8 counts, same charge for each count, different incident dates for each counts, received 9 years for each count, totaling 72 years with 52 years suspended for sex offence - 2nd degree. Now serving 20 years. Is this double jeopardy? If the...

    Michael’s Answer

    Double jeopardy is the prohibition of being tried twice for the same offense. Based on the question above, there was one trial - just multiple alleged bad acts, at different times, possibly against different people. Separate counts usually exist to identify different victims, different crimes, or different dates. A single trial against a defendant can have 1 count, or 100 counts. Consecutive sentences in Colorado are imposed if the crime is committed against different victims - each victim gets their own separate sentences. It is unclear from the question above, but given it is a sex offense, if it is against the same person - but different dates, then consecutive sentences can be for each mens rea the offender had for each act. An "act" has a start and a stop, and if there is sufficient time that elapses between the two, then it may be considered separate, and a "count".

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  • Failure to yield to pedestrian in a cross walk. The road had one lane in each direction with a turn lane in the middle.

    The person had just entered the road from the far lane (two lanes to my left). I read the law and it appears that I have to have the pedestrian more than one lane over in order for it to be okay for me to cross in my car. As I understand, the tu...

    Michael’s Answer

    In Colorado, there are statutes that dictate who has the right of way in many different circumstances, but ultimately a driver of a vehicle must always yield right of way to a pedestrian if they are able to do so - even if the pedestrian is not crossing in a proper place. Obviously there are extenuating circumstances in each case, but if you saw a pedestrian and were aware of their presence, and still proceeded, that is probably not going to end up well for you - regardless of whether a turn lane is considered a "lane" or not. Public policy of pedestrian safety probably trumps all on that one.

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  • Driving underage in Colorado

    Is driving with a permit underage in Colorado a crime or a traffic violation? Will it lead to probation violation of your on probation

    Michael’s Answer

    The question is a little confusing - I am assuming you mean that you have a permit, but are underage for a driver's license? Because being underage with a permit would mean that you were not underage. All traffic offenses in Colorado are considered criminal "type". Probation violations can be for many different reasons, some are big, some are small. Sometimes little mistakes don't violate your probation, sometimes they do. Your probation officer ultimately has discretion whether to file a revocation of probation on your case, and that will be based on 1) the underlying offense; 2) your criminal history; 3) your track record on probation; 4) the circumstances of the violation - i.e. why you were driving, was their alcohol, was there an accident. Finally, a judge has to order that your probation be revoked after hearing the evidence - and there is some wiggle room there. In sum, probably not - but if you hire an attorney they can best help protect you on the traffic violation and your probation violation - if there is one.

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  • Release from extradition to turn yourself in

    My husband has been held for two weeks in FL jail awaiting extradition to Upstate NY (he signed papers to waive extradition over a week ago). Is it possible to arrange for his release pending making our own arrangements to travel there and turn h...

    Michael’s Answer

    Although I only practice in Colorado, I think most attorneys would agree that your suggestion is unlikely - even if it is a good idea. Judges and law enforcement are loathe to let offenders out of jail prior to posting bond - especially those with outstanding warrants found in other states. A lot of work goes into finding these people. Additionally, a warrant means someone failed to come to court when they were supposed to, and no "new" promises by the alleged offender are going to make a judge feel any better about their promises to return to court in the future. Criminal defense attorneys can put some pressure on law enforcement, but ultimately the two agencies have to schedule pickup and transport, which can take some time.

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  • How can I block my criminal record for a good job? I have a gun charge and drug charge it's been 11 years already from Newyork

    Samuellugo 155 seigal st Brooklyn n.y 11206

    Michael’s Answer

    The answer is state specific. Each state will have rules or statutes dealing with sealing or expunging both arrest and / or conviction records. Arrest records and conviction records are viewed differently, with different standards and procedures. Some states have self-help resources, but if you are able, it is best to hire a criminal defense attorney to petition the court to do this for you. It also may involve gathering police reports and contacting various law enforcement agencies. In sum, it can get complicated and if its important to you, hire a lawyer to do it.

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  • Is it legal for my friend to be evicted from her home because her husband had a stroke and his son won't pay the rent

    My friends husband had a stroke last Sept, and has been in a nursing home since then. They have been in theire home together for the past 15 years, but now since her husband will not be coming home due to needing 24hr. care her husbands son, the e...

    Michael’s Answer

    The correct answer to your question is not a sympathetic one. The obligation to pay rent (lease / contract) to the landlord / lessor is not dependent on the traumatic personal events of a renter's / lessee's life. It is strongly recommended that a plan be worked out between the two parties informally to avoid further inconvenience - perhaps payments. But technically the landlord / lessor can evict for failure to pay rent pursuant to the terms of the contract. There are some strategic ways to help a renter / lessee buy time, as they hold a possesory interest in the property, and a lawyer licensed in your state can help you with that.

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  • Short Sale home taxable?

    I did short sale on my townhome in Seattle in April of this year. I bought this home in 2007 and I rented the place to my mom at no receipt of rent payment whatsoever. I work in Denver since 2003 and could not afford the mortgage payment - hence...

    Michael’s Answer

    I agree with the answer above. This "type" of tax is the worst of all - it taxes people who can't afford anything else in life. Other examples of being taxed include settling credit card debt - the amount that you DIDN'T have to pay the credit card companies is taxed.

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  • First probation violation?

    Okay, so I did not finish my required community service hours. I have a letter from my therapist explaining why. (Mental/emotional issues) And my schooling as well. I had 50 hours of community service from an assault and battery charge, which in f...

    Michael’s Answer

    Technically its not a probation violation in the legal sense of the word if the probation officer has not filed and served you with a complaint for revocation of probation - which would outline the allegations of what you did and did not do. So absent that you should be okay so long as you continue UPS and taking classes. Deciding to stop everything and not finish will definitely put you in a bad situation. The time to dispute evidence of assault and battery is long past - you took a plea bargain and plead guilty - therefore you are bound to whatever terms the Court sentenced you to within the confines of the law.

    Attorney Michael D. Evans, J.D., M.B.A.
    The Evans Criminal Defense Law Firm
    www.criminaldefenselawyerincolorado.com
    https://plus.google.com/106918441028276008767/p...
    303-221-3634

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