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Aaron Garth Norris

Aaron Norris’s Answers

37 total

  • DUI arrest in 2008, failed to appear in court. Not a U.S. citizen!

    I was in the U.S. on my working holiday visa, and I got pulled over while driving drunk, I was 18. I did not appear before court because I had my return flight ticket scheduled before the hearing and now I don't know whether there's a bench warran...

    Aaron’s Answer

    I am assuming that because you posted in the Vail, CO location this is where you were cited for DUI. If so, there is almost certainly a bench warrant for you which may complicate your arrival at the airport. You can confirm this by either calling the Eagle County court clerk's office or the sheriff's office or by having someone else do this on your behalf. You should certainly get an attorney to begin working on your arrival and see if you can get the warrant quashed and another court date scheduled where you may (an I emphasize may) be able to appear through counsel.
    In terms of clearing your record, you will have to handle the case at some point. That may mean negotiating a settlement, going to trial, or getting the case dismissed. It strikes me as unlikely you would be able to any of these effectively without the assistant of counsel.

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  • My husband got a felony in 1989, were his civl rights restored after 10yrs? Can he possess a firearm? in our home or anywhere?

    felony was for criminal trespassing in Colorado.(no jail time)

    Aaron’s Answer

    As with most things in the law, the answer is depends. 99.9 percent of the time, your husband could not legally possess a firearm and not be charged under C.R.S. 18-12-108; a class 5 or 6 felony depending on the circumstances. Generally, a person commits the crime of possession of a weapon by a previous offender if he knowingly possesses, uses, or carries upon his person a firearm or any other weapon subsequent to the conviction for a felony. The passage of time does not change your husband's position except that, the severity of the felony may be reduced after 10 years. That said, it would still be a felony to possess a firearm in most cases. If this is a practical problem, rather than a theoretical problem (i.e. your husband has been arrested for this), I would urge you to contact a criminal defense attorney immediately.

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  • Can I marry my boyfriend when we have a criminal no contact order in Colorado?

    We commited a felony together and the order is in place until sentencing at the end of January. We can have contact only if it pertains to custody of our son. We went and got a marriage license today and want to get married before next court date....

    Aaron’s Answer

    It would appear that you've already violated the Restraining Order by going together to get the marriage license, as that contact had nothing to do with custody of your son. If you get married during this process, you will violate the restraining order a second time. You definitely should wait until after the order has been modified. You will spend the rest of your lives together, there is no need to complicate your wedding plans. Also, you should be extremely careful about sharing details of you situation on a public forum when you might be identified.

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  • I have a sentencing hearing tomorrow.

    I have a serious knee injury, which requires surgery. The D.A. refuses to continue the hearing. What can I do?

    Aaron’s Answer

    It is not up to the District Attorney to decide if a hearing will be continued (although it helps a great deal if he or she does not object), that is up to the judge to decide. The only way that a party can get their presence waived or a hearing continued is with permission from the court. The court won't spontaneously decide to do those things without a motion from the party stating the reasons for the need to continue. If someone is running out of time to get a court to make a ruling, they need to file either an "expedited motion" or an "emergency motion". However it is important to beware the court will frown on last minute motions.

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  • Can my boyfriend be charged and convicted of child abuse?

    i had a babysitter at my house, my boyfriend came to the door and we left to go to dinner. he did not come inside. an hour later my dad showed up to my house, door unlocked, and no baby sitter here with my 2 year old in her crib sleeping alone. no...

    Aaron’s Answer

    For the state to bring charges against someone, they have to have probable cause to believe that a crime was committed. There is a vast difference between probable cause and proof beyond a reasonable doubt, which is the standard by which a jury or judge must reach in concluding that a crime happened.

    In general terms, if a person permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health or engages in a pattern of conduct that results mistreatment of the child, that person could be convicted of child abuse.

    It is not at all clear exactly what the authorities have been focused on it this case and you may be misunderstanding the approach that they are taking. It is imperative that both you and your boyfriend get legal help. Both of you will make matters worse in this case by trying to do this alone and the consequences both criminally and otherwise could be far reaching.

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  • What is the punishment for child abuse not causing injury?

    no previous criminal record

    Aaron’s Answer

    Child abuse cases can be extremely confusing and complicated and there is not enough information provided here to give a complete answer. However, here is a basic outline:

    First, It depends on whether the person acted knowingly, recklessly, or with criminal negligence and the defendant has not previously been convicted of a child abuse charge. In the first two cases the crime is a class 2 misdemeanor and is punishable by 3-12 months in a county jail and/or a $250-1,000 fine. If the person acted with criminal negligence and had not previously been convicted than the crime is a class 3 misdemeanor and is punishable by up to 6 months in county jail and a fine of $50-$750.

    Second, the relationship to the child and the type and number of prior incidents will affect these case: among other things, wether or not they can be charged as felony offenses.

    Anyone charged with or investigated for a child abuse charge should seek legal assistance immediately as it can have long term effects on many aspects of his or her life.

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  • I have a felony warrant out of Oregon and I currently live in Colorado. Is there a way for me to deal with it from Colorado?

    I have heard about a plea of absentia but am not certain how it works. My felony is for possession of paraphernalia, dangerous drugs. I am willing to plead guilty, but the main thing is I want to deal with it here and not do jail time in Oregon. A...

    Aaron’s Answer

    You will need to hire an Oregon defense attorney to advise you on this. The first goal of your attorney will be to get the warrant quashed. Given the fact that you indicate these are felony charges you are facing, it is probably not possible to make absolutely no appearance ever before the court in Oregon, but you may be able to make a pre-arranged appearance, rather than being arrested on the warrant.

    In Colorado, some courts will allow a defendant to serve time in their home state for county jail sentences. This may be true in Oregon too, but you won't know until you contact directly an Oregon criminal defense attorney. I have included below a link to the Oregon Criminal Defense Lawyers Association. The seventh link down on the left hand side has a directory for you.

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  • After completing a Sentence for DUI deferred to dwai what will my record Look like?

    My DUI charge was deferred to dwai with no conviction. I am now moving to terminate probation early( sentence was 1 year) What will my record look like ? Can I legally deny this arrest on a job application? What are my options...? Even if there wa...

    Aaron’s Answer

    There is no single "record" of a criminal case. Different agencies who have been involved in a case have different records. In a cases like yours, when people enter into a deferred judgements and sentences (DJ&S) that are successfully completed, the court case files remain open and will show a DUI that was plead down to a DWAI and then dismissed on a successfully completed deferred and not a conviction.
    What people have to report on a job applications will vary by circumstances. It is important to keep in mind as well that an arrest and a conviction are two entirely separate things.
    What one should probably do after successful completion of a DJ&S is to seal all the criminal files associated from the case from various agencies. This prevents those agencies from reporting their files which are generally public record. Agencies within the criminal justice system will always have access to that information, but members of the general public will not and a search for those records will report they do not exist. This involves opening another civil court case and informing those agencies the party wants to seal their files. In the case of a successful DJ&S, normally this is a relatively pro forma procedure. It would be easier to do it with the help of an attorney, but people do do it on their own as well.

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  • My bf tried to leave the country forever while on probation and got caught at the airport!

    My bf tried to leave the country forever and bought a one way ticket to Egypt while on probation,he decided to leave the US forever and come to me in Egypt after lots of frustration with probation issues.(one day before trying to leave,his PO aske...

    Aaron’s Answer

    I believe that both the other two attorneys are correct: that you should not handle this on your own and that your boy friend (or someone on his behalf) should contact a Colorado defense attorney as quickly as possible. But also I think given the circumstances, I would add that he should consider contacting someone from the Egyptian embassy or consulate. Politically speaking, you yourself are more in a position to determine if there is any downside to doing this. Certainly I have seen foreign consulates being helpful in defense of their citizens abroad, but every country is different. Given the fluid nature of events in your country, this tip may be unwise or unhelpful. It has been my experience however that many foreigners who could benefit from the assistance of their government in the U.S. court systems fail to alert their government that they have been arrested. I have attached links to the Egyptian embassy in the U.S. below.

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  • How do you fight a "probation violation" from wisconsin while living in colorado without going to jail first?

    i was charged with a felony failure to pay child support, then was put on probation for to years in the state of wisconsin about a year into probation i applied for the interstate compact to tranfer probation to colorado and was approved so i mov...

    Aaron’s Answer

    Your best bet is to contact a criminal defense attorney in the jurisdiction in Wisconsin where you were sentenced and discuss the likelihood, given your permission to leave the state and your performance on probation here, of getting the warrant quashed and being able to return to wisconsin for a pre-determined court date to deal with the probation violation charge. It strikes me as incredibly unlikely that you will be able to handle the case entirely from Cortez without having to return to Wisconsin, but that is something you should discuss with a local Wisconsin attorney.

    Wisconsin maintains a speciality bar for criminal defense attorneys. I have included their website below. You can search for a lawyer in the original jurisdiction in the upper right hand corner with the link "find a lawyer", the directory can be further specialized to include lawyers who have self identified as having experience in parole/probation matters. Good luck to you!

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