I have a question about plea bargains in the justice system. I often read that plea bargains are such that the defendant can plead guilty to a "lesser" crime in exchange for an easier sentence. This doesn't make sense to me. If this person was ...
What you are describing is often referred to as a "legal fiction" where someone enters a guilty plea to a crime they didn't commit to avoid the charges that they may have committed. Other times, they are lesser related charges. For instance, someone who is charged with driving under the influence may enter a guilty plea to driving while ability impaired, a lesser related alcohol charge. It is more efficient for the legal system to resolve cases by plea bargain. If ever defendant insisted on a trial, the system would literally break down as there aren't enough courtrooms, judges, prosecutors, and maybe jurors.See question
I was involved in a motorcycle accident and received a head injury (acute subdural hematoma) and a broken shoulder. When I awoke the next day in the ICU I had a ticket for a DUI/Refusal and also there is a 'Refusal' noted where I was to sign the t...
It appears, through no fault of your own, you've fallen into a serious situation. I wish I could tell you that you will be able to handle this on your own but there are complicated legal issues in both criminal and administrative law in play. You are going to need help.
I would recommend you contact Matthew Martin in Pueblo for assistance. You can find his profile here on Avvo.See question
I was asleep and I woke up and my driver was gone so I moved to the driver seat to start the car to warm it up and went back to sleep and some up to a cop knocking on my window and he gave me a ticket
It depends on what the ticket is for.See question
I was given a ticket for Failure To Yield at Left Turn Yellow Arrow Light. I have a court date March 30th in Broomfield, Co. But am going to Costa Rica for a month with my school. Can my parents go without me there?
Sure. Your parents can go to court without you there. But that won't stop the judge from issuing a warrant for YOU failing to appear in court. You need to either A) see if there is an option to pay a fine before your court date or B) hire a lawyer who can appear on your behalf.See question
Fender bender car accident while making u-turn on dead end road, no injuries, but was cited for careless driving. Have a summons date/time. Have never been involved with anything requiring a summons before, no clue what to do--Have only had a sp...
The NEED to hire a lawyer to defend you is dependent on what you want to get out of this. You CAN handle things on your own. You would go to court on the date/time indicated on the summons. You will meet with a district attorney and they will offer the opportunity to plead guilty either to careless driving or something less serious. Careless driving carries 4 points against your license. You can accumulate 11 points in 12 months or 17 points in 24 months without losing your license. Once you cross over those lines, the DMV will suspend your license. If you are on the verge of having too many points, the need for a lawyer definitely increases.
Hope this helps.See question
I am 17 and I occasionally smoke marijuana. My parents argue that if I were to get in a car accident of some sort, I would be forced to take a blood test which could detect marijuana in my blood for up to months after I originally consumed it. Acc...
Yes, a warrant could be obtained for your blood if you were suspected of driving under the influence of marijuana. If you cause a fatality or serious bodily injury, the police don't need a warrant. State law allows for a forced blood draw.
Just be smart and don't drive for several hours after smoking.See question
The original offense was a DUI 1st offense (Summer 2016), received unsupervised probation and deferred sentence. Was caught driving under restraint (January 2017), but not arrested. Went to rescheduled arraignment(?) after missing first appearance...
If you have already hired a lawyer, these questions should be addressed to them. They are in the best position to help you.See question
Was it good or bad to refuse the test?
Your next step is to hire a lawyer. You have seven days to request a hearing with the DMV and you will want a lawyer on board to help you with decisions that need to be made BEFORE you make the hearing request.
The refusal can both hurt and help you. The explanation is rather lengthy.
I recommend calling Sarah Schielke in Fort Collins.See question
He got picked up and had a warrant for his arrest for not appearing in court ( smoking pot under age) When he was arrested he had some valium 1mg and put 1 pill in his ear, of course it was found, therefore 1st degree contraband. He is in Col...
Contact attorney J.B. Katz. You can find her profile here on Avvo. She practices in Summit County and I refer everyone to her.See question
The criminal defense lawyer I hired seems to be overworked. I am involved in a misdemeanor case where the charges could all be dropped, but he seems to be taking his time to meet with the DA to discuss the case. Is it better for a defense atto...
Before you think about firing your lawyer, sit down with them and have a discussion about what is going on with your case. There may be a lot more going on behind the scenes.See question