Brian B. Boal’s Answers

Brian B. Boal

Colorado Springs Criminal Defense Attorney.

Contributor Level 13
  1. In a criminal case can a defendent retain counsel from a paid lawyer if a public defender has been assigned to the case?

    Answered about 1 year ago.

    1. Brian B. Boal
    2. Thomas G. Briody
    3. Frank Mascagni III
    4. John Palmer Waters
    4 lawyer answers

    Yes - the private attorney must file a substitution of counsel with the court.

    13 lawyers agreed with this answer

  2. Does a person leaving my residence claiming rape constitute probable cause for my arrest?

    Answered over 1 year ago.

    1. Brian B. Boal
    2. Rixon Charles Rafter III
    3. Daniel Nelson Deasy
    4. Stephen Clark Harkess
    4 lawyer answers

    Probable cause is simply reasonable grounds to suspect that a person committed a crime. It is a very low standard, and a woman who reports that she was raped by a person named by her as the perpetrator will almost always give the police probable cause to arrest that person. The person you are referring to should meet with an attorney immediately and, if arrested, not say anything other than he is exercising his right to remain silent and wants an attorney.

    11 lawyers agreed with this answer

  3. Can my probation be terminated early for negligence on my probation officer?

    Answered 12 months ago.

    1. Christopher Daniel Leroi
    2. Brian B. Boal
    3. Stephen Charles Cooper
    4. Benjamin William Hartford
    4 lawyer answers

    Negligence is a civil concept that doesn't have applicability to criminal probation under most circumstances. If your probation officer tried to revoke your probation because you missed your meeting, her failure to give you reasonable notice could be a defense at a revocation hearing. However, as a criminal defendant you will not be awarded an early termination of your probation for your probation officer screwing up.

    10 lawyers agreed with this answer

  4. Felony assault with deadly weapon

    Answered about 1 year ago.

    1. Brian B. Boal
    2. V. Iyer
    3. Raymond George Wigell
    3 lawyer answers

    Hard to say without a lot more information ( which you should NOT provide here). The police also have the statements of any witnesses including yourself. Your boyfriend should retain counsel or apply for the PD immediately and not say anything else until his first face-to-face, privileged meeting with an attorney.

    10 lawyers agreed with this answer

  5. Statutory rape + blackmail= help please?

    Answered 4 months ago.

    1. Brian B. Boal
    2. Robert Vance Salter
    3. Jay Scott Finnecy
    3 lawyer answers

    Wow, no easy answers here. Statutory rape in CO ranges in severity (misdo to felony) depending on the age difference between the defendant and child/victim. My gut instinct is that the "boy" is a scam artist who was likely 18+ when the encounter occurred, but that's certainly not legal advice and your friend should contact an attorney and set up an in-person interview immediately.

    9 lawyers agreed with this answer

  6. My Miranda rights were never read to me when i was arrested. Is this grounds for my Colorado case dismissal?

    Answered 12 months ago.

    1. Christopher Daniel Leroi
    2. Charles Patrick Greenwood
    3. Brian B. Boal
    4. Robert Phillip Odle
    5. Rixon Charles Rafter III
    5 lawyer answers

    Police are required to issue Miranda warnings prior to conducting custodial interrogations. Your remedy would be suppression of any statements you made to police from being used as evidence against you, but probably not dismissal. You should meet with a criminal defense attorney to discuss further.

    9 lawyers agreed with this answer

  7. Can I get charged with just having in my possession someone else s credit card?

    Answered over 1 year ago.

    1. Brian B. Boal
    2. Mark S. Solomon
    3. Alan James Brinkmeier
    4. Jasen Bodie Nielsen
    4 lawyer answers

    If there is evidence that would cause a reasonable person to suspect that you committed a crime, then probable cause exists for your arrest. A stranger's ID and credit card recovered from your car could result in charges of theft by receiving and identity theft, just to name a few. You should not discuss this with anyone else other than an experienced criminal defense attorney. I recommend contacting one immediately.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Why was I never given a case number for my DUI arrest?

    Answered over 1 year ago.

    1. Brian B. Boal
    2. Daniel Nelson Deasy
    3. Robert Allyn Chappell
    4. Theodor Kaplun
    4 lawyer answers

    You won't have a case number until the court assigns one (which may take up to 2 or 3 weeks), and cannot get reports until they are made available through the district attorney's office in discovery, which typically cannot be requested until after your case has been assigned a case number. Neither of these issues, however, prevent you from consulting an attorney about your arrest.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Charged with class 4 felony; intent to distribute marijuana concentrate, 1st criminal offense. Lawyer needed

    Answered over 1 year ago.

    1. Brian B. Boal
    2. Nicholas Lubchenco
    3. Andrew John Contiguglia
    4. Arnold P Mordkin
    4 lawyer answers

    The first thing you need to be aware of is your right to remain silent. DO NOT say anything about the incident that led to your arrest except to an attorney during a privileged, in-person meeting. Any admissions you make, online or elsewhere, can potentially be used as evidence against you if the prosecution gets a hold of it. You should definitely contact an attorney with experience practicing in Eagle County ASAP.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Should I do a plea bargain or just plea guilty?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Brian B. Boal
    3. Brandon Uriah Luna
    4. Jessica Peck
    5. Madhu Kalra
    6. ···
    7 lawyer answers

    Agree with Mr. Leroi. DO NOT plead to reckless. At 17 yo you'll lose your license if you do. You should probably have an atty.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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