Barry Lawrence Aaron’s Answers

Barry Lawrence Aaron

Boulder Criminal Defense Attorney.

Contributor Level 9
  1. Can the judge be sued for perjury?

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Howard A. Schwartz
    3. Barry Lawrence Aaron
    3 lawyer answers

    No, the Judge cannot be sued for perjury (or anything else). Your colleague should retain an attorney ASAP to evaluate the Judge's decision and decide whether or not to file an appeal.

  2. My son 1 month with his new license working till 10:20pm driving home from Cambridge new york washington county in november 2011

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Jeffrey Mark Adams
    3. Barry Lawrence Aaron
    3 lawyer answers

    Unless the police are offering up a totally different version of the facts than your son's, I see no reason for this summons. I agree that you..with or without an attorney assistance...should fight this one. Good Luck!

  3. Speeding ticket with faulty speedometer

    Answered over 2 years ago.

    1. Barry Lawrence Aaron
    2. Matthew Jay Weiss
    3. Christian Dominique Defrancqueville
    4. Florian Eqrem Tabaku
    4 lawyer answers

    Faulty speedometer is not a defense to speeding, but it may help mitigate (reduce) the fine and points, as my colleague suggests. In any event, you admitted you were speeding (70 is still over the limit), so I do not see this as a case you want to go to trial with...I think getting the best possible plea deal should be your goal. Good Luck!

  4. I plead guilty to a crime and the judge didn't waive my appeal

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Howard A. Schwartz
    3. Barry Lawrence Aaron
    4. Hayley R. Greenberg
    4 lawyer answers

    Even if the Judge did not, in fact, "waive your appeal" (i.e., have you waive your right to appeal), it is usually very difficult to withdraw a plea of guilty. The Judge probably did a full and thorough "plea allocution" in which he or she asked very specific questions about what you did that you are pleading to, and likely questioned you about the fact that you, by pleading guilty, understand that you are giving up all your rights to a trial, cross-examine witnesses, etc. The burden,...

  5. I have a 1 1/3-3 year prison sentence. How many months will i serve?

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Howard A. Schwartz
    3. Barry Lawrence Aaron
    3 lawyer answers

    You didn't indicate what felony you were convicted of; Depending on the nature of your case, whether you avail yourself of the various programs offered by Corrections, whether the DA or victim (if any) files a statement with parole, and your behavior in prison..you may be released after serving only a portion (few months) of your sentence, and very likely not more than 2/3rds (or 8 months).

  6. Can i press charges on some one who left town and broke a signed contract with me?

    Answered over 2 years ago.

    1. Barry Lawrence Aaron
    2. Keith G Langer
    2 lawyer answers

    I agree with Mr. Langer. There is nothing criminal here, so "pressing charges" is not a solution. There is a saying that no good deed goes unpunished; This certainly applies here: You did this guy a big favor and, simply put, you got screwed ...(pardon my language). The only solution would be a civil action...small claims court would be the easiest way to go, as my colleague suggested. However, any judgment you get will likely be difficult, if not altogether impossible, to collect. Good luck!

  7. Can I sue a retail store for being accused of shoplifting? I was also charged and arrested.

    Answered over 2 years ago.

    1. Hayley R. Greenberg
    2. Richard C. Southard
    3. Barry Lawrence Aaron
    3 lawyer answers

    Under the facts as stated, I see no basis for a lawsuit against the retailer, since it did appear to the guard that you were leaving the store with unpaid merchandise, and this fact is undisputed.

  8. What is the best way to prevent my death investigation?

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. Richard C. Southard
    3. Howard A. Schwartz
    4. Barry Lawrence Aaron
    5. Eric Edward Rothstein
    5 lawyer answers

    Even if it was possible to do what you want, it would be unethical for any attorney to provide assistance in this scheme.

  9. After Discon is sealed, how is a record viewed in another state or country? Also third party background checks?

    Answered over 2 years ago.

    1. Howard A. Schwartz
    2. Barry Lawrence Aaron
    3. Eric Edward Rothstein
    4. Richard C. Southard
    4 lawyer answers

    I agree with Howard Schwartz; In addition, I would add that it is inappropriate for anyone (prospective employer, etc.) to inquire if you have been "arrested", as an arrest is not evidence of guilt....the appropriate question would be whether you have been "convicted of a crime" and as Mr. Schwartz has said, Disorderly Conduct is NOT a crime, but a mere violation (i.e., below a misdemeanor). Good luck!

  10. Can a cop issue ticket for driving through public park and ride facility?

    Answered over 2 years ago.

    1. Barry Lawrence Aaron
    2. Howard A. Schwartz
    3. Eric Edward Rothstein
    4. Hayley R. Greenberg
    4 lawyer answers

    Please provide more information...What is the specific charge (which should appear on the face of the summons)? I don't believe "driving through a ride" in and of itself constitutes any offense.