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Brandon Uriah Luna
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Brandon Luna’s Answers

254 total


  • Will I most likely serve time in jail?

    I was part of a drug investigation in Garfield County, Colorado. They didn't have any controlled buys nor wire taps, but did get some money transfers and text message conversations off my phone, as well as put a tracking device on my vehicle....

    Brandon’s Answer

    Dear Glenwood:
    Your question is fair but incredibly difficult to answer. I might suggest you are thinking about it the wrong way. The plea offer is directly related to you and your attorney's ability to weaken the case through diligent investigation and to uncover reasons you are worthy of a break. Thus, much has to be done before any prediction about your outcome can be made. You need either a private attorney or a public defender to help you.
    Brandon

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  • What is the difference in DUI punishments for a resident versus a non-resident?

    For criminal court rather than DMV. I was arrested for DUI while visiting Colorado. I had recently returned from overseas and am not really resident in any state yet. Is there advantage to establishing residency in another state prior to sente...

    Brandon’s Answer

    Grand Junction:
    There is a benefit to establishing residency in another state. You may be able to avoid competing alcohol treatment as only Colorado residents are required to do so. While you are not guaranteed this result, it would be worth a try.
    Brandon

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  • What happens now..can these charges be dropped ?

    summons for 3rd degree assault..drinking with friend talking loud..roommate calls 911..I get the summons..friend told them nothing happened and can he just go home..roommates were in there bedrooms.

    Brandon’s Answer

    Grand Junction:
    All charges can possibly be dismissed. The key is that once charges are filed, only the DA can dismiss. It matters if the alleged victim says nothing happened or does not want to cooperate, but that alone rarely leads the DA to dismiss. It is worth it to get the reports and go over them with an attorney to see the best way to try to secure a dismissal.
    Brandon

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  • Is there anything that I need to worry about?

    OK I'm a 19 year old male who turns 20 in 2 months. I'm friends with a 17 year old woman, who recently asked me out. Is me being almost 3 years older a legal problem?

    Brandon’s Answer

    Denver,

    You should be fine so long as you are not in a "position of trust" with regard to her supervision or care.

    Best,
    Brandon

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  • Can a consigner get a felony if the defendant does not show up to court?

    I have a warrant for misdemeanor in the state of Colorado and am currently not in that state. The bondsman said if I do not show up within 30 days the consigner will receive a felony lose her government housing and go to jail. I'm not planning on ...

    Brandon’s Answer

    Dear Montrose:

    I am not aware of any felony the co-signer is on the hook for unless the state thinks she is aiding in an escape. Even then, escape from a misdemeanor is simply another misdemeanor. I have never seen nor myself filed an escape change in this situation when I was a deputy district attorney in the past. If, however, she were charged, then the simple fact that she faces a criminal charge does have an effect on her government housing. The state or the bonds person can also go after the co-signer for the bond that was revoked for your failure to appear.

    Best of luck,
    Brandon

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  • My son is being charged with dui and a duid that he received w/n week of each other. What is fair offer from da?

    Son was going thru rough patch n got dui. He then was charged w/ duid week later.two different stops. dui is legit but tryn to fight duid. Pc was that he supposedly didn't allow enough space on roadside traffic stop when he passed one lane over ...

    Brandon’s Answer

    Dear Gunnison:
    I regularly get complaints about attorneys in Gunnison and am hired when people get frustrated with them. I think I know who you are speaking about. I would need to look at the police reports before I could tell you whether the offer is fair. However, unsupervised probation is appropriate in many circumstances regardless of your son's situation. In my experience the DA is reasonable when presented with the correct information. Sorry to not be more descriptive but there is vital information I lack. I would be happy to offer a free consultation should you wish to speak further.

    Best Brandon

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  • How can i get charged for this?

    I pull up to my friends house to drop him off, when we get there and get out of the car the police are searching his house we both get arrested and charged with the same thing. Its not my house but they keep trying to insist i live there. We had...

    Brandon’s Answer

    Dear Grand Junction:

    You are hitting on the most important factors an attorney needs to know about your case. You also are correct that you may not be guilty of the charges against you. The only question that I have is, if the police knew anything else. I know because I have many clients in Grand Junction that Drug cases in your city are investigated by the Drug Task force. Their standard operating procedure is to search a residence with a search warrant. They get the search warrant through surveillance, use of confidential informants, and other evidence. You need to know what they knew prior to searching your friends home. That information is in the police reports. The reports combined with the information you provided will allow an attorney to answer your questions.

    Best of luck,

    Brandon

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  • What kind d of jail time and fines can I expect with my 6th dui on colorado

    5 in 12 years

    Brandon’s Answer

    You will get the maximum amount of jail under the law.

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  • Can someone press charges against me? How long after can it happen?

    I was severely intoxicated in public the other night. This guy who I had slept with one was talking to me and I playfully punched him kind of hard several times in conversation. It wasn't until I was sober that I realized he had been trying to avo...

    Brandon’s Answer

    Your situation is complicated. The likely time limit for charges is 3 years but many other factors can extend that while others can shorten it. If charges are filed the chance of being arrested is high because you would also face charges as a domestic violence offender. Make no further statements online. Speak to an attorney where your discussion will be confidential.

    Brandon

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  • If i took a reduced ple can they still charge me with old charges

    i had been charged with something went to court took a plea then left the state can that state charge me with the ol.d charges

    Brandon’s Answer

    Kendall is correct. The first question is whether you were sentenced. The second question is whether they can prove the old charges considering time has passed. More information could be helpful.

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