Had a fight with my BF. He called me very choice words so I slapped his face. Then I pulled something off the wall I purchased for our home. He called the police on me. Thought he was kidding but had left way before they arrived. Called him & the ...
First of all, in order to prove you are guilty of harassment, the DA must prove unanimously (to a jury of 6) that you slapped your boyfriend with intent to harass, annoy, or alarm him. It sounds as if you had an entirely different purpose. The charge of criminal mischief requires the DA to prove that you knowingly damaged the personal property of another (or property owned jointly by he and you). That charge as an alleged act of domestic violence requires that the prosecution prove that your actions were intended as a method of coercion, control, punishment, intimidation, or revenge. The harassment charge is different as an act of domestic violence, because if proven, it is an act of violence against a person with whom you are or were in an intimate relationship.
Any plea offer being extended is not entirely clear, but I would echo the advice of my colleagues who have recommended that you seek one or more free consultations with experienced legal counsel to assist you. Most lawyers offer free consultations in criminal matters, or at least enough of us do that you shouldn't need to pay at that stage. Good luck!See question
Recently, I have had a roommate who was kicked out of his previous room due to being caught with drugs. I am a little concerned of the possibility that he may be hiding drugs in his desk/closet. If drugs are found in his desk or closet, are there ...
Possession is legally defined as the "knowing dominion or control" of the thing allegedly possessed. It is specifically NOT ownership, nor is it exclusive. Therefore, if your roommate were to be found to be in possession of illegal drugs, you could be accused of knowingly possessing those drugs as well. Your defense would lie in the "knowing" dominion or control; the solution suggested by Mr. Luna is indeed awkward, but would demonstrate your intolerance for such things, and could be helpful if such a situation were to arise. Good luck!See question
he said i refuse a ba when i blew 3 times
The law permits an officer to characterize failed attempts to complete a chemical test of your breath as a "refusal" under certain circumstances. This can have serious consequences to your driving privilege. You should consider speaking with an attorney experienced in handling DUI cases. Good luck!See question
I got arrested for my first DUI after I got into a car accident. There was no third party involvement in the accident but I totaled my car. I have no criminal record except a few speeding tickets. My BAC was high and I spent 6 days in jail. I took...
I can't tell if you mean that you were offered a "deferred judgment and sentence" or whether you mean that your sentencing hearing was continued. That distinction is likely to make a significant difference. A deferred judgment and sentence means that you are pleading guilty, but judgment on that guilty plea is deferred, or delayed for a specified period not to exceed 2 years in a misdemeanor case. Typically, in such a case, you will have to complete an alcohol evaluation and comply with its recommendations, submit to a minimum of a year of monitored sobriety , complete useful public service hours, and pay costs. If, however, you mean that your sentencing was continued to another date, that completely changes things, and I would strongly recommend that you seek a free consultation with a lawyer experienced in Weld County.
A DUI conviction also results in 12 points being assessed against your license, resulting in revocation. There is also an administrative revocation process that is more focused on any chemical test issued. There are strict time limitations to initiating such actions. It is strongly recommended that you consult with a lawyer experienced in such matters.
Finally, a BAC over 0.2 changes the sentencing scheme in Colorado, even for first-time offenders. Again, it is important that you consult with an attorney at your earliest convenience, as there are many potential consequences relating to your situation, too many to cover in this form of answer. Good luck!See question
My husband skipped town 6 months ago , and i haven't heard from him since , and i have finally gained the courage for a divorce we have been married for 2 years on the 17th of February , would i have to sell my trailer and split profits with hi...
From the sound of it, you may need a divorce lawyer and a bankruptcy lawyer. If you cannot afford legal counsel, Weld County Legal Services sponsors a monthly Divorce Clinic for a nominal fee. A court clerk in family law runs it, and they usually have an experienced family law lawyer there to answer questions. Call Weld County Legal Services at 970-310-8367. Good luck!See question
police were called to a dv call and when the cops came i wouldn't says anything but physical evidence they flied a complaint they used my old last name i told the officer my last name was different he said it didn't care they still used my old las...
If it is dismissed, it is likely to be dismissed "without prejudice", meaning that the case can be re-filed. The previous post is correct that it is far more likely that the prosecution will amend the charging document. Generally, the prosecution can do so any time before jeopardy attaches, which is usually when a jury is sworn. Finally, the previous post also correctly suggests getting competent legal advice from an experienced criminal defense attorney. Good luck!See question
it was back in 2009 and he did 60 days in jail for the DUI . its now four years how can we go about getting his license back ? he completed the classes and we are willing to pay the fee but we don't have money to get the insurance .
Mr. Orr is correct. An SR-22 is a prerequisite to reinstatement of one's driving privilege, along with a reinstatement fee, clearance and satisfaction of all outstanding judgments, and completion of alcohol education and therapy per any alcohol evaluation. Good luck!See question