I have two D.V. charges in the past and given the state of my history with my ex-girlfriend she is out for blood, but i did have words with her and spit in my face, with out thinking I reacted to that. Needless to say law enforcement was called. S...
While you can always plead no contest to charges the same way you can plead not guilty to charges, the question is should you.
Pleading no contest almost never gains you any benefit as far as sentencing and in many cases may be worse than entering into a plea agreement or being found guilty at trial.
You do not provide (and in all likelihood probably could not provide in a forum like this) nearly enough information to determine what your best course of action should be. Criminal charges with the sentence enhancement of Domestic Violence are serious charges; they may involve setences to convictions can be very expensive and rehabilitation courses take months. Even relatively minor charges with DV sentence enhancement will have a long term effect on you if you are sentenced on them.
It would not be wise to post any more detail about your case in a public forum. It would not be wise to talk about your case with anyone with whom you are not protected by rules of confidentiality. It would be wise for you to contact an attorney as soon as possible to talk about what your options are. If you cannot afford an attorney, the government will pay for one to help you; simply ask the judge at your next hearing for more information. A lawyer will help you go through the discovery in your case, point out any weaknesses that might exist in the states case, help you to protect the rights you have, and point out what they believe is your best course of action.See question
Would I be able to drop my name or even remove a restraining order against my boyfriend that my mother put on when i was 17 years but I am no 18?
Without a complete understanding of the facts in your case, no one can give you an exact answer. These two questions have a host of other questions that would need to be answered before they could be adequately approached. What the restraining order said and under what authority it was made will determine quite a bit.
Generally speaking, if something signifigant has happened since the judge issued the order, parties have the right to go to court and address that issue. The fact that you are now an adult and no longer want to be protected by the restraining order may be that type of fact.
If you want to have your name dropped from a restraining order or have a restraining order be vacated, you should contact the court that issued the restaining order and explain why you want to do this and then wait for the court to make its ruling before you do anything. A lawyer may help you properly draft your request and give you advice on how to accomplish your goals. Your boyfriend definitely should not violate the conditions of the Restaining Order, even if you don't care that he does, because he will get into criminal trouble for violating a Judge's order.See question
I have a DWAI and a DUI both recieved after 2003. I am officially labled an HTO and I recieved a speeding ticket and DUI. What can I expect to be offered and will it be pled down. The officer said that it's a class 6 felony and usually they plead ...
It is a class six felony to operate a motor vehicle upon a highway in the state of Colorado knowing that your license has been revoked as a habitual traffic offender and while under the influence of alcohol. When an officer accuses you of a crime, it is the burden of the prosecution to prove that is what you did. What a District Attorney will offer you is going to be very dependent on the specific facts in your case and the current policies of the DA's office in the jurisdiction.
The worst sentence by Colorado statute that you are facing is a prison sentence of not more than 18 months and a fine of not less than $100,000. That is the absolute worst that could happen, and, based strictly on what your limited facts here written here, it is unlikely from what you have described that you would get maxed out.
That said, you have several things you have listed which will have a negative impact on any possible offer. You are accused of speeding, but more importantly, you have two alcohol offenses in a relatively short and recent time span.
A DA is going to base his or her offer on what kind of a danger that DA thinks you are to the community, his or her direction from a supervisor and how strong he or she thinks a case is. A good criminal defense attorney will help you look through the discovery in your case, weigh its strengths and weaknesses, and explaining possible legal defenses there may be. As for whether or not the case will be pled down, it's true that the vast majority of cases are pled out, either for a reduced sentence or to a lesser charge or both, but it is impossible to say in your case what may be the outcome. At this moment, you are facing a felony charge that would have a serious impact on your life if you were convicted; you ought to seek some help.
I got a ticket for driving with a suspended liscence and I missed my court date. Are the consequences if I wait three weeks to turn myself in?
For the purpose of my response, I'm reading your last sentence as "Are there consequences if I wait three weeks to turn myself in?" When you failed to appear for your court date, the judge issued a warrant for your arrest and in all likelihood set a bond in the amount of the schedule for his courtroom. There is not a timeline of penalties for being wanted on a warrant. However, if you wait to turn your self in on a warrant, you run the risk of being arrest at a moment and a place that you were not expecting. You also run some risk of having Sherriff’s officers out looking for you depending on how important you are to them.
Some District Attorney’s offices have a policy about what they will offer on a DUR/DUS ticket if the person charged can get their license back immediately. When you have a warrant out for your arrest or owe money to a court in Colorado, the DMV will not issue you a license regardless of whatever else may be holding up your license. Waiting while there is a warrant for your arrest may mean the DA won't extend you their normal offer. You need to work on this problem now; there may be pretty big downsides to putting it off.
She was pulled over after turn left at a signaled light for crossing a double yellow line. There is not any double yellow lines so thats a little confusing as to his reasoning however is does drive as my husband calls it a "need for speed", type ...
Unfortunately, your question doesn't include one highly relevant fact. What was her blood alcohol content (BAC)? Depending on her BAC, there are mandatory sentences even for first offenses in the state of Colorado. Even if she had a relatively low BAC and no injuries or accident, the judge will have discretion in sentencing. That said, many folks will not spend a night in jail on a firsttime DUI; it is a very circumstance driven process.
I don't fault you for not providing this information, because it isn't something you probably hadn't thought about, but it highlights why a good attorney is something you need to give consideration to for your daughter's sake. A good attorney will be able to tell you exactly where you stand when he or she learns the facts of your case and you and your daughter will have confidence on how you want to hand this unfortunate situation. I would also echo the sentiments of the other attorney that a conviction for DUI is about more than just jail; At the very least consulting with an attorny will help you know about all the possible ramifications. Your daughter may go through the process on her own (pro se) and get a result she is happy with, but without someone whose been there before, she'll have difficulty knowing if she really did the right thing.See question
what happens when you have the right but dont have the money for bail
If you are arrested in Colorado, barring very exceptional circumstances, a Judge will set some sort of bond in your case. The judge will either a some form of a CSP, a PR, or a Co-sign PR bond. The purpose of a bond is to make sure that the accused appears at the date and time summoned by the court, that he or she does not flee the jurisdiction and that the community is safe.
A CSP, a Cash, Surety and/or Property Bond, means that you can post whatever is authorized by the court to make the bond. A surety bond means that the Court has authorized a bondsperson to post your bond if you can get one to. Most bondmen will agree to post your bond for a percentage of the total.
If you are considered a low risk to flee or danger to the community and have little or no criminal history, the judge may authorize a personal recognize (PR) bond. This means you can sign yourself out, but you are on the hook to pay the bond amount if you fail to appear or violate a condition of your bond. If you are somewhat of a higher risk in the courts eyes, you may have a co-sign PR bond. That means that an authorized person can sign you out of jail (but they are on the hook to pay if you fail to appear or violate a condition of your bond).
Until you make your bond, you will be held pending the outcome of the case. That said, if you are in custody and the DA has been given some notice, you may be able to argue to have your bond lowered.
i am wondering if it is possible to refuse probation.
It is entirely possible to refuse probation. The law in Colorado is clear that a defendant cannot be put on probation without his or her consent. Even if you are on Probation now and you are looking at a probation violation hearing, if you were to be found in violation of your probation, you could refuse to be put back on probation, even if your original sentence stipulated to probation.
That said, there are some really good reasons not to refuse probation. For most people in most circumstances the alternatives to probation are worse. If your being charged with a felony offense, the court will be limited to two options: a Fine (which is perfectly legal, but rarely given) or some form of detention (either a department of corrections sentence - prison or a community corrections sentence). If you are charged with a misdemeanor, the judge would basically be limited to sentencing you to a fine (which happens more often than in a felony situation, but is still rare), or some form of detention (Jail, Work Release, Workenders, or Electric Home Monitoring).
You can still have Jail or Work Release as a condition of Probation by statute, but the amount you would be sentenced to in either a felony or misdemeanor case would be much more limited.See question