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Aaron Garth Norris

Aaron Norris’s Answers

37 total

  • Can I get a traffic ticket dismissed in Colorado

    Can I get a traffic ticket dismissed in Colorado like the way they do in California? In California I've heard of trial by written declaration. Is there anything like that in Colorado to get a ticket dismissed or reduced?

    Aaron’s Answer

    I'm unfamiliar with the California practice you describe. If you have been properly summons into a Colorado court, the only way to potentially get the case dismissed is to appear and contest the citation. If you want to resolve your case without appearing on a traffic infraction, you can mail your ticket back with a guilty plea normally for reduced points. Depending on the jurisdiction you were cited in, there may be more options.

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  • Have received a first time DUI, but have not yet been charged. Can I leave the state?

    Only a matter of months ago, I received a first time D.U.I. but have not yet been charged. My license is suspended for refusal to take the roadside sobriety test. I am planning a trip for a few days after Thanksgiving and will be home far in time ...

    Aaron’s Answer

    • Selected as best answer

    Speaking as a general manner, unless you have been arrested and put on bond or are under some type of pre-trial supervision, you would be able to leave the state. Every situation is different however and it would probably be in your best interest to speak with an attorney. Most Grand Junction criminal defense attorneys offer a free initial consultation.

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  • I got a ticket for driveing while my license is suspened it was suspended do to to many points first time will i get jail time?

    i was givein a red license but had not been able to go down to get it due to no money and before i had got it i was pulled over and summond to court. will i get jail time for first offence?

    Aaron’s Answer

    In the state of Colorado, Driving Under Suspension carries a mandatory term of incarceration regardless of how many prior offenses there are. Depending on the reason for suspension the mandatory minimum fluctuates.
    This does not mean however, you are going to get jail time however simply because you were charged with the offense. There may be issues with the states case and, in any case, there are several types of incarceration besides a county jail sentence. There can be a number of factors that play into how a criminal case comes out. There may also be consequences to your driving privileges and other civil matters which the court is not required to inform you of in a criminal case.
    At your summons date you (preferably with your attorney) will meet with the district attorney and talk about what the state expects to get out of your case. If you are appearing without an attorney, you should not offer "your side of the story" at this meeting. Keep in mind that the District Attorney is not your attorney, he or she represents the state and is not looking out for your best interest. The D.A. may make an offer to settle the case at that time; it is doubtful you will know enough about the facts of the case at that time to know if this settlement offer is worthwhile. Ask for a continuance.
    If you are appearing without an attorney because you cannot otherwise afford one, you should ask that a public defender be appointed. Because the charge carries a mandatory term of incarceration, if you cannot afford and attorney, one must be appointed to you by the court. You should not feel rushed to make a bad decision and the court will grant you a continuance to get a private attorney or apply for the public defender. Even if you are convinced that you want to do this alone, you should ask for time to get and read the police report. There is no hurry and this is something that will have a lasting effect on your life.
    As always, it makes sense to speak with an attorney as soon as possible.

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  • I was acuse of a domestic violence for my ex.. that was a false acusation, i spend 24 hrs in jail.. and loose money job...

    i just wanna know if cause of that i can some how fix my immigration status , cause she acuse me with i lie.

    Aaron’s Answer

    Your exact question is not clear and so it can't really be answered. What is clear however is that because of your status with respect to immigration you are in a very difficult position and you should contact a criminal defense attorney immediately (preferably one with immigration experience). The ramifications of any crime, but especially a domestic violence conviction, can be drastic. This matter may have far reaching consequences for your ability to remain in the country. You should consult with an attorney immediately.

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  • I was caught giving discounts to a friend while employed at target

    Is there any way to get a ticket theft ticket deferred? I am 19 and I gave a friend some discounts while I we worked at target and they the ap pulled me in and I got fired and the police came and gave me a ticket for theft that I have to go to cou...

    Aaron’s Answer

    The law in Colorado allows the District Attorney to offer you a defered judgement and sentence if they wish to do so. You have listed a number of factors that make this a real possibility, but it is impossible to say without reading through your entire case and speaking with the District Attorney.

    As has been previously stated, depending on whether all the charges were dismissed, you may at some point be able to seal the file in this case. It makes the most sense to talk to an attorney individually who represents your interests about this matter before you continue. The court will allow you time to continue the case an accomplish this if you ask.

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  • My wife filed protection order on her and kid

    she says in 2006 i held her against wall chocking in 2008 she says i held her and put bruises on her2010 says slapped her in front baby says was verbally abusive and mentally abusive these are false and there are no police reports except one wher...

    Aaron’s Answer

    It is not possible to give you specific advice as to what to do because there are too many variables. Generally speaking, a person must be given a copy of the allegations which form the basis of the Temporary Protection order and be served with notice of a hearing date's time and place. At that hearing date a judge will decide whether to make the temporary protection order permenant based on a number of factors. The person who would be subject to the order must go to that hearing in order to defend their rights or the judge will likely make the protection order permenant based on the allegations of the first party if they can show that they properly served the second party.

    As always, the advice and representation of a good lawyer could benefit someone facing a protection order. This is a very serious issue and could have far reaching consequences for you and your family.

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  • Can a 14 year old be called to testify in a civil matter?

    My 14 yr old was listed by her brother's attorney as a witness against me, in a custody battle for my granddaughter. I have sole parental responsibility of both my daughter and granddaughter. Can I stop this? And is there anyway to bring conduc...

    Aaron’s Answer

    In Colorado, in order for a witness to be called to the stand he or she must be considered competent, there cannot be an existing legal privilege between you and the witness and he or she must have relevant testimony to provide to the tribunal. There are a number of ways to keep a witness from the stand, but the facts as you describe them don't have any that jump out. From what you describe in your paragraph, you may have a relevancy argument. There may be other ways to try to keep the witness from the stand. A custody hearing is a complex thing, there are significant risks to your child and grandchild relationships and you should definitely consult an attorney well before any hearing.

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  • I got a speeding ticket for going 48 in a 30. Can i fight it?

    I got a speeding ticket late at night while i was driving, the officer was on the other lane and he busted a U turn, pulled me over and told me i was going 50. He gave me a ticket for going 48 in a 30, but i was sure i was going between 38-40. Is ...

    Aaron’s Answer

    As with any charge, the Government has the obligation to prove that you committed the offense beyond a reasonable doubt to an independent finder of fact. Yes, you can fight the ticket by pleading not guilty and contesting the Government's evidence. You have the right to be represented by an attorney at any trial or proceeding leading up to that trial.

    Speeding 10-19 over the limit in Colorado is a Class A Traffic Infraction, meaning that it carries a fine of between $15-100 with no possibility of jail. It is also a four point violation. If you sign and mail back the ticket, you are pleading guilty to the charge (if you do it within the time frame outlined in the ticket, there is normally a reduction in points).

    Sometimes, if you go to trial there will be a prosecutor who can negotiate a plea to a reduced charge. Because the Government always must prove its charge, if they fail to do so, you will not be convicted.

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  • Can a bail bondsmen come after my Dad?

    Ok so last year my brother was arrested in Utah, his girlfriend at the time got a bail bond to get him out. Now the bondsman is telling my dad that he is going to take him to court to get his money. My dad never talked to the man before and he did...

    Aaron’s Answer

    While it is very difficult to answer your question diffinatively without knowing the facts of the case exactly, what you discribe doesn't seem to be too concerning at this point. People claim they are going to sue all the time and this very rarely happens. If your father did not co-sign on any paperwork or have any input on the bail or bond, it is difficult to imagine how this bondsman might allege that your father owes him money.
    If the bondsman calls back, I would recomend that you ask him to send you a letter outlining his claim and including any paperwork that he has to support why your father owes him money; either that or refer him to the lawyer of your choice. I would not speak to him about the facts of the matter until you had recieved that information.

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  • Should I take the plea bargain offered by the DA?

    I am under 19 years old and was arrested for a DUI, position of less than 1 oz if marijuana, drug paraphernalia and under age drinking/driving, speeding. The DA has offered a plea bargain to drop all but the DUI, 2 years supervised probation, 10 ...

    Aaron’s Answer

    No one can answer this question but you ultimately and even you can't answer it until you've had an opportunity to sit down with an attorney who has done DUI defense work and talked about the facts in your case. Sometimes the exact same offer can be both terrible or a "bargin", but it will depend on a multitude of factors: applicable evidence, applicable law, personalities of the players, and still other factors. Delta is not a particularlly big community and it does not serve your interest to post on a public website the facts in your case (you may be recognized or reveal something unintentionally). It would be better to speak with an attorney who can advise you and can keep your confidences. It may be frustrating that no one so far has been able to answer your question plainly, but any criminal charge is a complex thing.

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