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Michael D. Evans
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Michael Evans’s Answers

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  • What can I do?

    yrs. ago my neighbors organized the rapes th st took place in my home. they rape an 11yr old girl abd the raped me after drugging me. Police refused to help me, they refused to take the report so one was never filed. I later found out the two of t...

    Michael’s Answer

    I agree the 'local' authorities can be frustrating and a hurdle. Several times I have had to use either state or federal law enforcement to look into a case. You must be both organized, credible, and have evidence to get the result you want. Most criminal defense attorneys will be able to help you (as prosecutors cannot engage in private practice while they hold their official position).

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  • Can my mom the victim drop the charges of aggravated assault or get it to something smaller or dismissed

    My mom the victim got me charged with aggravated assault but it was all a misunderstanding one day we got into an argument but I never actually hit her and this is my first time ever getting in trouble I have a criminal defense attorney but I have...

    Michael’s Answer

    In Colorado, the prosecutor (city or district attorney) has full discretion whether to proceed with a case or not. It is not up to the victim. Even if the victim recants or doesn't want the case to proceed, the prosecutor can force it through in the interests of justice. A criminal defense attorney will know how to handle the situation. Hire one in your state, don't do it pro se. Many aggravated assault crimes carry mandatory prison sentences, so its not something to play with.

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  • When would a very old unresolved traffic ticket post on my drivers abstract the violation date in 2005 or the day I pay it 2016?

    I received a traffic ticket wayyy back in 2005 in NYC for driving without a license over 60 days and no seat beat. Both tickets were a complete lie so I marked the tickets as not guilty and sent in a photocopy of my drivers license that was 100% v...

    Michael’s Answer

    In Colorado, the driving record can reflect either the date of offense (depending on the offense), or the date of the criminal conviction in court (again depending on the offense.

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  • How can i not turn myself in but show up to court and ask for a longer period to turn myself in or even ask for house arrest?

    I got a driving under revocation ticket and had 120 days to get my license but failed to do so because i was taking care of my pregnant wife and being a living aid to my father and later to my newborn son. I went to jail n bosted bond but now judg...

    Michael’s Answer

    In Colorado, if you have an active warrant, how the case will resolve will depend on the judge. Some judges will be kind enough to let you call their clerk, and add on to the docket to address your failure to appear, FTA. Once in court, they will determine what sanction, if any, they will give you. Other judges not so. They will require you to turn yourself in on the warrant, and may even add further time or penalties for contempt. A judge's worst fear is that you don't follow through with what you say you would do after they give you your freedom back. Act sooner rather than later.

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  • How can I get a no contact order dropped on my boyfriend. Or do you think it's possible?

    Hi I would like to get a no contact order dropped on my boyfriend and me. The state put it on us for a year for domestic violence. He is still in jail and I don't feel threatened by him. I didn't know if the judge would drop it since he is locked ...

    Michael’s Answer

    I agree with the prior lawyer's answer as it contains practical wisdom. Technically, to get the criminal RO dropped you need to do one or more of the following (per Colorado law): work with the prosecutor and / or victim advocate - get them to set a hearing with the court to address the RO; call the clerk of the court specifically and ask to add on to the docket for a hearing on the RO. Typically prosecutors are loathe to change a criminal RO because they believe in the 'cycle of violence' in a DV case and don't think you know what is best for your self. However, you do still have the right as the victim in Colorado to have the RO dropped.

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  • Can I obtain an atty to contact them directly to drop this action and get that in writing from both of them?

    I found out that an ex lover & his girlfriend have filed for a protection order for harassment in Seattle against me. I no longer live in WA. It is clear that he was hoping I wouldn't find out about this and he could go to court without me knowing...

    Michael’s Answer

    Yes, you will need a lawyer to defend you in a civil protection order proceeding. Doing it pro se will likely result in the protection order being made permanent and showing up on your background report by employers forever. Take it seriously, even if the underlying allegations are bogus. That is the lawyers job, to ferret out the truth. I realize it is an inconvenience for you to have to pay money to defend yourself, but that is the way the system is set up. See our webpage for civil restraining orders in Colorado generally: http://www.theevansfirm.com/Restraining-Orders.aspx

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  • Ticket was dismissed but I didn't do anything?

    I was issued a traffic citation (speeding ticket) a couple days ago. I decided to check the status of it online however the case is showing as "closed", saying that I plead "not guilty" and my case was "dismissed" on the same day it was issued. I...

    Michael’s Answer

    I agree with the other two attorneys. Appear if there is a date, unless you speak to a clerk who confirms the ticket was dismissed. A warrant for a failure to appear is a problem you don't want, especially during the holidays - and especially if you were mistaken. FTA's appear on your criminal record forever and can affect things like bail and bond. If the ticket was indeed dismissed, then you may want to hire a lawyer to consult about sealing or expunging your record so it doesn't appear on a background check by your employer. See our page for Colorado: http://www.theevansfirm.com/Seal-Criminal-Records.aspx

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  • She cites DV false imprisn never harmed and grabbed our kids arm as she attempted to jump out. Hit n run an DV? What can I do?

    Basically I confronted my wife about a situation over the phone. She said to leave and I packed my things and out 2yr old daughter as she followed me to the door. I stayed with members of my management team. A day later my wife called saying I ha...

    Michael’s Answer

    • Selected as best answer

    Unfortunately this is an all too common scenario. Lawyers frequently see spouses (or ex-spouses) leverage criminal charges when there is a dispute over child custody or divorce. All it takes for criminal case to get started these days is a credible 'victim' pointing the finger and making some horrific allegation. It is then the burden of the other party to defend themselves for the next several months with a good criminal defense lawyer. Meanwhile, that person makes headway in the family law case. While the constitution may say you are presumed innocent, a good criminal defense lawyer knows the reverse is true and will work to ensure the truth comes out eventually. Work with a criminal defense firm in your state. Look for firms that may have dual practice areas of criminal and family law. See our page on domestic violence: http://www.theevansfirm.com/Criminal-Defense/Domestic-Violence.aspx

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  • HOW DO I REQUEST TO DISMISS DOMESTIC VIOLENCE TRO ? WE NEVER HAD ANY RELATIONSHIP IT IS THE WRONG TRO SHE DID AGAINST ME.

    a TRO WAS ISSUED AGAINST ME, ME AND THE PROTECTED PERSON NEVER HAD ANY RELATIONSHIP, SHE NEVER EVEN SPENT A NIGHT IN MY HOUSE, WE NEVER DATED, SHE WAS WORKING FOR ME, AND GOT FIRED, SHE STOLE FROM ME, THEN I GOT UPSET AT HER , SHE WENT CRIED TO ...

    Michael’s Answer

    For Colorado law, a TRO usually indicates a civil restraining order. If this is the case, then you must file an answer and defend at a hearing (with a lawyer preferably). Do not let the TRO become permanent, otherwise you cannot reverse it and it will show up on your background check for employers. See our page dedicated to TRO's here: http://www.theevansfirm.com/Restraining-Orders.aspx If you are talking about an RO that was entered as part of a criminal case (automatically by statute), then that RO will be dissolved when one of the following occurs: dismissal, not guilty verdict, or completion of sentence. A lawyer in your state can assist you with either. We do both civil and criminal law in Colorado.

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