Michael D. Evans’s Answers

Michael D. Evans

Denver Criminal Defense Attorney.

Contributor Level 7
  1. Can I be charged with shoplifting without items recovered, receipt with items, never apprented at store just a so called "video"

    Answered over 1 year ago.

    1. Michael D. Evans
    2. Stephen Clark Harkess
    3. James A Reed
    4. Andrew A. Achey
    4 lawyer answers

    Failure to arrest you at the scene has nothing to do with culpability (guilt) of what they are accusing you of. Criminal cases may commence with an arrest or a summons (ticket). Your failure to take the ticket leaves them with the only other alternative - a warrant for your arrest. I would suggest hiring an attorney or obtaining a public defender and watching the video before making assumptions on the strength of your case. Attorney Michael D. Evans, J.D., M.B.A. The Evans Criminal...

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  2. I misuderstandly plead guilty to battery deffered judgment , and made mistake with a unexperienced lawyer failed jury trial ,

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    4. Michael D. Evans
    4 lawyer answers

    All of the answers above are correct, but I would also urge you to consider the cost / benefit or risks associated with actually going through and withdrawing your deferred judgment plea. I understand you probably have employment concerns - but a deferred judgment usually the best plea agreement with the least amount of risk to the defendant. Your previous lawyer is going to be very hard pressed to recommend a trial in lieu of a deferred judgment or DJ - regardless of the employment...

    4 lawyers agreed with this answer

  3. The D.A. is trying to subpoena me as a witness in a case in Colorado, and I don't want to be subpoenaed.

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Danyel S. Joffe
    3. Ryan Andrew Kalamaya
    4. Michael D. Evans
    4 lawyer answers

    First, an attorney cannot counsel you to avoid personal service of a subpoena. We can tell you that a subpoena is required to be personally served in Colorado for it to be effective. Service by mail or other means is not valid and the subpoena cannot legally compel your attendance to Court. If you are personally served, you must and should attend. If you are not personally served, you are not legally required to attend. You have the right to contact both parties, the DA and the criminal...

    3 lawyers agreed with this answer

  4. Do I worry about being prosecuted for shoplifting?

    Answered over 1 year ago.

    1. Terri D. Leary
    2. Frank Mascagni III
    3. Michael D. Evans
    4. Gregory Casale
    5. Lynn Lorraine Porreca
    5 lawyer answers

    It is possible you can be prosecuted for shoplifting, but the person who makes that decision is not "Bob". Its the prosecutor - who uses independent judgment. So because shoplifting is a crime, it can be prosecuted but may be left alone due to the amount. I have a problem with the civil demand threatening criminal prosecution - in Colorado it is unethical for a lawyer to make such a threat, and even more so in an attempt to obtain money. By: Atty. Michael Evans The Evans Criminal...

    4 lawyers agreed with this answer

  5. First probation violation?

    Answered over 1 year ago.

    1. Ann Toney
    2. Christopher Daniel Leroi
    3. Michael D. Evans
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. I was sentensed in 2001 to 11 yrs 5 yrs parole . I took a plee bargien and agread to 11 yrs not 12 OR 14 WHAT CAN I DO

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Michael D. Evans
    3. Terry G O'malley
    3 lawyer answers

    Mr. Leroi is correct - parole is not "extra time". You can choose to serve your parole on the outside, or get it revoked and kill the parole behind bars. Parole is just as much of a setnence as the original prison time, but frequently overlooked or discounted. By Atty. Michael D. Evans The Evans Criminal Defense Firm http://www.criminaldefenselawyerincolorado.com https://plus.google.com/u/0/103683822158132009352/posts

    2 lawyers agreed with this answer

  7. I was charged at the age of 17, for possession of marijuana. i only had half a gram and i have a clean record, will i be charged

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Michael D. Evans
    2 lawyer answers

    The decision to prosecute lays within the sole discretion of the district attorney's office. By Atty. Michael D. Evans, The Evans Criminal Defense Law Firm http://www.criminaldefenselawyerincolorado.com https://plus.google.com/107809653427306522258/about?gl=US&hl=en-US 4610 S. Ulster St., Suite #150 Denver, CO 80237 303-221-3634

    2 lawyers agreed with this answer

  8. I was pulled over and asked if I had anything to drink. I didn't do a field sobriety test. I was arrested for a DUI and not read

    Answered over 1 year ago.

    1. Michael D. Evans
    2. Macy Michelle Jaggers
    3. L. Ty Wilson
    3 lawyer answers

    First - bruising on the arms is not 'normal' in any state. Second, in the state of Colorado, police officers may stop you for any traffic violation, and then, if there is reasonable suspicion, detain you longer for a investigatory period - and within that investigatory period you are not technically 'in custody'. Because you are not 'in custody', Miranda does not apply. Therefore, the police officer is not required to give you Miranda rights prior to questioning you. Most criminal defense...

    3 lawyers agreed with this answer

  9. How long will the lawsuit take?

    Answered over 1 year ago.

    1. Kevin Coluccio
    2. David J Don
    3. James Otto Heiting
    4. Michael D. Evans
    5. Craig M. Murphy
    6. ···
    7 lawyer answers

    In Colorado, an attorney has a maximum of two years to file a typical wrongful death suit in a Court. After the filing of the law suit, the Colorado Supreme Court puts pressure on trial judges to try the cases within 12 months, which is average. Some cases can take up to 18 or 24 months to get to trial, depending on litigation tactics. The above timeline is worst case scenario and does not account for the possibility that your case informally settles without litigation or settles prior to...

    3 lawyers agreed with this answer

  10. What are my rights while on Probation? What can't/can my Probation Officer do?

    Answered over 1 year ago.

    1. Andrew John Contiguglia
    2. Michael D. Evans
    3. Mark Patchin Miller
    3 lawyer answers

    Courts are required to dictate the terms and conditions of probation - expressly in writing or on the record. If the Court ordered it - and probation enforces it, you must comply. Courts cannot simply defer all judgment and discretion to the probation department. I have have won appeals arguing that exact point - where a Court defers the terms and conditions to probation. It has to come from the Court. I agree with the answer above - get the court file or hire a lawyer to do it and see...

    1 lawyer agreed with this answer