BS DUI and Open Container. Cop dug through my whole car. Don't they have to put the alleged container into evidence?
Benjamin's answer
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Answered on March 12, 2014
Many have pointed out that there are various legal issues on this case. You need to retain an attorney asap and take the time to review the case...
Motion for Early probation termination Motion for early release from deferred judgement
Benjamin's answer
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Answered on March 12, 2014
As a former prosecutor in Adams County (10 years), you would be well served retaining an attorney. The reason for this is as others have said...
Archived
Is a judge required to inform you that you are eligible for a Public Defender if the crime includes possible jail time
Benjamin's answer
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Answered on March 07, 2014
The Judge is only required to inform/inquire if the person wants to apply for the public defender. A Judge wouldn't know if a person will qualify,...
Archived
DUI question How come Colorado cops don't have dash cam video? Is it so they can lie and say you failed the roadsides?
Benjamin's answer
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Answered on March 04, 2014
I echo the sediments of my colleagues who have answered your question. Your father would stand to do more harm then good by calling the gov. and...
Can a written statement I wrote under the influence still be used against me in court?
Benjamin's answer
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Answered on March 03, 2014
The answer is maybe, as the others have said if you asked to speak to an attorney and the request was clear and not ambivalent then its possible...
Archived
In 2002 at the age of 18 I was arrested for a Misdemeanor - Petty Theft charge, my company conducted a BG and it didn't show.
Benjamin's answer
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Answered on March 01, 2014
As the others had pointed out with no print card and no arrest it shouldn't show up. You would need to check with the agency to see if they have...
Archived
Can A Fill in DA Offer A Plea Only to have the Regular DA offer worse the next court date?
Benjamin's answer
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Answered on February 27, 2014
As others have pointed out, you need to have your attorney investigate if the offer was made as a take it or leave it today only offer or an offer...
Archived
Police Brutality dislocated right thumb during handcuffing,lifelong injury,can I sue? I wasn't read my rights
Benjamin's answer
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Answered on February 27, 2014
Its hard to tell based on what you have stated if there is a colorable case. An attorney must review all of the discovery (police reports etc.)...
Archived
I should of been terminated from probation this month, but this past year has been tough. Can I petition the court for early t
Benjamin's answer
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Answered on February 27, 2014
I absolutly agree with my colleagues suggestion of consulting with an attorney. I have seen this play out too many times where a person has a...
Archived
Will "furnishing tobacco to a minor" affect my sealed record for a drug possession charge?
Benjamin's answer
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Answered on February 26, 2014
The simple answer is no. Once the record has been sealed it can not be unsealed or re-activated. As others have said it will still show up on...
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