This is not a simple question. There are a number of factors in play: your reported BAC, whether you complied with express consent, your age, and more. The important thing in the immediate term is to make sure you set up a hearing with the DMV. It would be a good idea to contact a DUI attorney to go over the facts in your case, because there is a possibility of not losing your license at all depending on what your case looks like. For more general information, you can always look at the DMV'...
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You will need to ask for and get the go ahead from your probation officer and permission from the court. Also the state of Texas will have to accept you into their probation program. This is not a sure thing, but it happens with some regularity. If you are on unsupervised probation, you will need to address your move with the court only. It is not true that anyone has to agree to transfer your probation down to Texas if you get a job down there, but having already secured employment will...
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From your limited information, it's not entirely clear what your question is. Nor is it clear you would be eligible for expungement. What I can say about expungement is that its going to depend on when your case was initiated, how it was resolved and what has happened in the meantime. Cases in Colorado that are eligible to be expunged are crimes that were committed as juveniles and require that a certain amount of time has passed and that no convictions have occurred in the meantime....
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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...
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Generally speaking, what ends up showing on a criminal history is not convictions necessarily, but often arrests. Once a person is arrested, a number of outcomes are possible, and many times they do not lead to convictions. A commercial search will often hit on these arrests. What you must do to prevent this from happening is to "seal" your file. This processes involves opening another civil case to ask a court to order all the criminal justice files to be sealed from the public. If you...
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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...
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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...
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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...
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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 would agree with everything that Mr. Harkess said. I would add something however, which is if the police have become involved and interviewed the minor in this case, they are opening a criminal investigation and it is important for the adult in this case to contact a criminal defense attorney and have someone in mind, and hopefully on hand, to advise how to proceed. The very beginning of a case is often the most important time in the case and will have a profound effect on the outcome. It...
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