Can I ask avoid getting points on my license for a speeding ticket?: I was pulled over at 10 pm for going 37 in a 25 zone. I was in an unfamiliar small town in Colorado & had seen no speed limit signs. I have not had a ticket for over 6 years.
Mark’s answer: I always recommend an in-person driving class when approaching prosecutors for a "better plea deal." It gives them yet another reason (beyond a good driving record) for them to give you a break.
Can west Virginia use a misdemeanor that you have pled guilty to from a state against you ?: For Example if I pled guilty too a shoplifting charge last year in the state of K.Y Can the state of W.V use that misdemeanor against me we're that was a conviction from another state an its just a Misdemeanor?
Mark’s answer: Yes. Prosecutors use criminal history to determine plea offers and judges use criminal history for sentencing. Criminal history includes anything a person has been charged with in any state.
Can I have my 2014 3rd degree assault with a deadly weapon sealed? :
This was a classic case of either we take you or your spouse. My spouse makes over 100k and I am a homemaker. Our child played softball so a bat was found by the police. They started a weapon was found so someone was going to jail. I choose myself so my spouse wouldn't lose our only source of income. In the state of Colorado if a police officer feels there is a case of DV then someone goes to jail. We had an argument with that being said I plead guilty to a lesser charge of assault.
I am unable to find a job because of my charge and this is my only charge. My age is 47. How do I close my file?
Mark’s answer:
If your case was dismissed after a successful deferred judgment and sentence (DJ), your case is eligible for sealing. Your case may also be eligible for sealing if the case was dismissed outright without a plea of any kind, or if you were found NOT GUILTY of all charges at trial.
If the case was a conviction for a petty offense or municipal charge, the simplified sealing process does not apply. You must file a sealing case in district court.
If you plead guilty to a misdemeanor (not in municipal court), and the entire case was not dismissed, it is not eligible for sealing in Colorado.