My common-law boyfriend of 20 yrs and I have been fighting since our son was born 1 year ago. One morning, it escalated - his mean spirit and words were too much -and I snapped.A life-long advocate for non-violence, it surprises me still. I am n...
Your immediate question is for a criminal defense attorney. It is possible and advisable to first address the protective order to ensure that you have time with your children until the criminal case has resolved. The protective order will stay in place until the case has resolved, but it can be modified to allow contact to talk about and exchange children. As for the actual case facts, a domestic violence conviction can have far reaching consequences, you are right to be concerned. Each criminal allegation is specific to the facts and circumstances of the case and cannot be answered on a forum such as this. I would recommend consulting with a few attorneys and hiring the one that you feel comfortable with. If you cannot afford an attorney, you may be eligible to have a public defender represent you.
Finally, as the other poster correctly pointed out, you may or may not have a common law marriage with this person. If there is no common law marriage, there is no divorce. However, you may need to file a petition for allocation of parental responsibility to ensure that your parenting time and decision making for the children are protected. This is a bit longer process and may be handled by the same attorney. I practice both criminal defense and family law and I know several other attorneys on this site do as well.
3rd offense dui
Colorado law requires a judge to sentence someone who admits to a third conviction for drinking and driving to at least 60 days in jail, if you agree to be placed on probation and go through an education and treatment plan consisting of at least 2 to 4 years of probation and alcohol/drug classes/therapies, community service hours in excess of 48 hours, MADD class, fines, fees, court cost, class cost, and cost of probation.
Typically, I see courts sentencing to OVER the minimum 60 days in jail, often times imposing three to six months of jail time plus probation.
I would strongly encourage you to contact one of the DUI attorneys on this website for an evaluation of your case. Multiple offense DUI have extremely large consequences, you want an experienced attorney to go over all possible defenses and the state's ability to prove that you had prior convictions.
Best of Luck!
I did not know about this charge I have no criminal history clean record I'm in Colorado I have been married to her for 28 years and they put a restraining order on me so I have not contacted her
I can emphasis with your dismay and utter frustration not being able to speak with your wife. I agree with the other posters, I wanted to add a little bit about the restraining order. I would encourage you to immediately hire an attorney and file a Motion to Modify the restraining order. This takes time for the court to hear and consider so the sooner, the better. In the interim I would recommend having no contact with your wife. Any contact can result in additional charges and potentially jail time.
So I left my 2 children I the car for 6 minutes while I ran in for cups. When I came out a couple was on their cello phone talking to police. They told me they called them so I sat & waited for police. Sat for maybe 5 minutes & noone showed up so ...
If you go to a trial there are a lot of different things that could occur. You could be found guilty of both charges, not guilty of both charges, guilty of one and not guilty of the second charge, the jury could fail to reach a decision, which results in a mistrial. If you are being charged with two counts of a class 1 misdemeanor, that is the only charge that the jury can consider, unless you or the DA ask for lesser include crimes.
I'm going to become homeless because I can't find anywhere to live in Colorado. I need to go back home to another state. I'll be able to come back for my court dates, and I don't remember them telling me anything about not being able to leave. As ...
The answer to your question is that you can move out of state, but you must take the corrects steps before you move. As the other poster wrote, if you are on bond, you are not free to leave the state, this can include a PR bond (which is one where you do not put money down to get out of jail). If you had to post a money bond, either through a bondsperson or in cash, you may be required to get the bonding company and/or the person that posted the bond's consent. Finally, you will need to file a motion with the court to allow you to travel out of the state. Be prepared to tell the judge why it is necessary, where you will be staying and with whom you will be staying. More than likely you will be asked to waive your right to extradition, which means if you don't come back, they can come get you and you can not contest it. Best advise is to work with your attorney on this issue so you don't violate the terms of your release. If you do not have an attorney, apply for the services of the public defender.
I had a motion to modify my child support and they said it would take 30 days for a judge to make a ruling. That was in June. I just found out I have a hearing in October. I haven't been working much for health reasons but they are still taking a ...
You seem to be asking two separate questions. The first, is how to modify child support and the second is should it be modified. As for if you can get the modification, that depends on you and the other parent's financial disclosures and if there are reasons to take the award outside of the guideline amount. I think the how, you completed t by filing the motion.
My abusive ex-husband has taken me to court so many times for custody that I have run out of money. I will lose my home if I continue to pay for lawyers, CFIs and PREs. I am terrified to death, but I see no other way than to represent myself i...
The very short answer to your question is NO. If you had/have an attorney, I would contact that person and ask about the ability to ask and receive attorney fee award.
The Canadian Customs agent told me he could see I was charged but the Not Guilty verdicts were not included. Not only do I want my record cleared, but am considering action against the District Attorney's Office and/or the State of Colorado. What...
There are a variety of reasons why the court case does not show a result, just the arrest. If your case was in city court and not county or district court, most of those cases/courts may not report results to CBI. This is not the fault of the DA nor the State. It is more reflective of a large system that sometimes has errors.
You need to do two things- first you must obtain a certified record of the case. If you regularly travel to and from Canada I would suggest at least 10 copies. If you are interested in sealing your record after you obtain certified records there is a process for completion. Sealing records in Colorado is not the same thing as wiping it off your record. Law enforcement agencies will always have access to it.
Second, Frustrating and embarrassing as this must have been, there is no one to sue. The DA or State brought charges and you were found not guilty of those charges. The DA has an immunity from fault or basically you cannot sue the state/DA because you won the case.
I marked down clothes to a lower price then wat it should of been and bought the items afterwards
You should consult with a criminal defense attorney on this issue. Generally this is a civil demand that is always sent out in shoplifting allegations BUT paying the civil demand will not stop and will have no effect on any potential criminal charges.
this is for domestic violence...they want me to testify but, since that incident we got married. Police officer told me that if i did not go to court...she threaten to arrest me personally.
Your questions cannot be answered on this site. I would recommend consulting with a criminal defense attorney for more specific information. Generally speaking, if you are served with a valid subpoena issued by either the district attorney, defense counsel, or the court you must go to court otherwise you could be charged with a contempt of court or a warrant could be issued for your arrest. In order for the subpoena to be valid, you have to be personally handed it. Mail does not count and word of mouth does not count. A police officer is NOT able to issue a subpoena. However police officers commonly serve valid subpoenas. It is impossible to determine if you have been served with a valid subpoena without knowing more information.