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    Colorado Blog - Page 4

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    Auto Theft in Colorado – What You Need to Know

    Posted on | Category: Theft

    Auto theft in Colorado is prosecuted as motor vehicle theft (CRS 18-4-409). Currently, Colorado has the third highest rate of auto thefts in the nation.1 Plus, many counties have law enforcement task forces in partnership with the Colorado State Patrol to catch and prevent organized auto theft crimes.2 What if I get caught stealing a …

    Is there a crime of “parental kidnapping” in Colorado?

    Posted on | Category: Kidnapping

    Parental kidnapping – also called custodial interference – is a Colorado felony that carries up to six years in prison. Parental kidnapping occurs when either: you take or entice a minor child away from their lawful custodian knowing you have no privilege to do so; or you violate a child custody order with the intent …

    Can I expunge a domestic violence conviction in Colorado?

    Posted on | Category: Domestic Violence, Expungment, Record sealing

    In Colorado, convictions for domestic violence criminal charges can never be sealed or expunged from your record. It does not matter whether the conviction was for a felony or misdemeanor, or whether you were adjudged guilty through a trial or a plea agreement. However, domestic violence cases that get dismissed are automatically sealed from your record …

    Can I appeal if I lose my DMV hearing in Colorado?

    Posted on | Category: DUI

    DMV road sign

    Yes. You may appeal the Colorado DMV’s decision to suspend or revoke your driver’s license. The appeals process requires filing a complaint with the local district court within 35 days of the DMV hearing’s decision. Ultimately, the district court judge will review the DMV transcript and legal briefs to determine whether to affirm the DMV’s …

    Is it a crime to urinate in public in Colorado?

    Posted on | Category: Criminal Defense

    A red strike through over the graphic of someone peeing in public

    It is a crime to urinate in public in Colorado. Colorado’s law against public indecency (CRS 18-7-301) makes it illegal to knowingly expose your genitals to someone else in a way that is “likely to cause affront or alarm.” This includes public urination. A petty offense, peeing in public carries up to 10 days in jail …

    When is DUI a class 4 felony in Colorado?

    Posted on | Category: DUI

    In Colorado, you can be charged with DUI as a class 4 felony in the following two situations: You already have three or more prior convictions of DUI, DUI per se, or DWAI; or You caused an accident in which someone was seriously injured. 1. Fourth-time DUIs Driving under the influence of alcohol or drugs …

    What is the community service requirement in connection with a Colorado DUI?

    Posted on | Category: Useful information

    What is the community service requirement in connection with a Colorado DUI?

    In Colorado, a first-time DUI carries 48 to 96 hours of community service, and any subsequent DUI conviction carries 48 to 120 hours of community service. The legal term for community service is “useful public service” (UPS). Is community service required for every Colorado DUI? Community service is a required sentencing term for every non-felony …

    “Menacing” Charge – What is it and how do I fight it?

    Posted on | Category: Useful information

    A man menacingly holding a bat while staring one down.

    Generally, menacing is the crime of using threats or actions to put someone else in fear of imminent danger, injury, or death. Some states call the offense menacing, while others call it making criminal threats or harassment. Some common defenses to the charge are that the danger was not imminent, the threat was vague, or …

    Colorado Springs gang violence – How serious is it?

    Posted on | Category: Assault

    Silhouette of six gang members

    Gang violence in Colorado Springs leads to at least a couple of killings every year. There were three gang-related homicides in both 2014 and 2015. The number of homicides dropped to two in 2016 but rose again to three in 2017. But 2017 also had 15 gang-related attempted murder charges.1 In 2012, Colorado Springs police …

    Can a “speedy trial motion” get my Colorado criminal case dismissed?

    Posted on | Category: Useful information

    Judge's gavel with clock and calendar on the table to signify speedy trial rights

    In Colorado, you can file a speedy trial motion asking the court to dismiss your criminal case for failing to give you a trial within six months of your not guilty plea. Unless a legal exception justifies your trial’s delay, the court should dismiss your charges no matter how strong the state’s evidence against you …

    Driving Without Registration in Colorado – What’s the Penalty?

    Posted on | Category: Criminal Defense

    Driver's hand opening glove box to get registration out

    Driving without current and valid vehicle registration in Colorado is a class B traffic infraction punishable by $15 to $100, a small surcharge, and no DMV points. If you fail to register your vehicle within 60 days of purchasing it or within 90 days of moving to Colorado, you face additional fines of $25 per …

    Colorado Red Flag Laws – What you need to know

    Posted on | Category: Useful information

    Red flag waving in wind

    Colorado’s red flag law allows a person’s family and household members to ask the court for an extreme risk protection order” (ERPO) prohibiting that person from having a gun. The purpose of ERPOs is to prevent people who are exhibiting a high risk of hurting themselves or others from possessing firearms. 1. What is an …

    Do you have to register guns in Colorado? A lawyer explains

    Posted on | Category: Useful information

    Man looking at gun in store

    No. You do not need to register your firearms in Colorado. In fact, Colorado gun laws prohibit police departments and local governments from keeping records of people who buy or exchange firearms.1 How old do I need to be to buy a gun? To buy a handgun in Colorado, you must be at least 21 …

    What are the requirements for buying a gun in Colorado?

    Posted on | Category: Gun Laws

    What are the requirements for buying a handgun in Colorado? [2022 UPDATES IN DESCRIPTION]Watch this video on YouTube The three requirements to purchase a handgun in Colorado include: being a Colorado resident, being at least 21 years old, and passing a CBI background check Handguns A handgun is defined as a short-barrelled gun that may …

    What’s the background check process to buy a gun in Colorado?

    Posted on | Category: Gun Laws

    Before people can lawfully buy a firearm in Colorado, they must pass a Colorado Bureau of Investigations (C.B.I.) background check. The process includes filling out an application and waiting about twenty minutes for approval (or a rejection). Then starting on October 1, 2023, there is a three-day waiting period (“cooling off” period) before the seller …

    How long does it take to get points off your license in Colorado?

    Posted on | Category: Useful information

    Sign that says "Driver Licenses"

    Colorado DMV points never disappear, but the DMV stops counting them against you once two years have passed. In short, DMV points older than 24 months cannot be used to suspend or revoke your driver’s license in Colorado.1 What shows up on my driving record? A Colorado driving record shows the last seven years of …

    What is a motions hearing in a Colorado criminal case?

    Posted on | Category: Useful information

    A motion hearing in a Colorado criminal case is a court hearing that typically takes place in preparation for a scheduled jury trial. Courts schedule motion hearings after either the prosecution or defense files a motion, which is a request for the court to take a certain action. The hearing is where the defense and …

    “Pepper Spray” Laws in Colorado – Is it legal?

    Posted on | Category: Useful information

    Close up of pepper spray in hand of partially obscured red haired woman standing outside

    Pepper spray is legal in Colorado to carry, buy, or transport. Discharging pepper spray on someone other than for reasonable self-defense is assault.1 Most merchants will not sell you pepper spray if you are under 18 years old or have a prior felony or assault conviction. No background check is necessary to purchase pepper spray. You …

    What is Vonnie’s Law and how does it apply in Colorado?

    Posted on | Category: Useful information

    Woman on street being stalked by man

    Vonnie’s Law is a Colorado statute that requires suspects arrested for stalking to appear before a judge before they can be released on bail. The process may take several days. In the meanwhile, the suspect remains in custody and away from the alleged victim. 1 Who is Vonnie? In 2010, Vonnie Flores was shot and killed …

    Colorado Criminal Records – 5 key things to know

    Posted on | Category: Record sealing

    Clipboard that says "criminal record" next to a gavel

    1. Most criminal history records get sealed automatically Prior to 2023, you needed to file a petition to seal your Colorado arrest records and criminal conviction records. Now it happens automatically as long as you pick up no new criminal cases. The waiting period before your record gets automatically sealed depends on the case. Colorado …

    Colorado Mandatory Minimum Sentencing – What It Means

    Posted on | Category: Criminal Defense

    Colorado’s mandatory minimum sentencing law requires defendants convicted of certain high-level crimes to serve no less than the minimum allowable prison sentence. Crimes that carry mandatory minimums under Colorado law include: Class 1 felonies, drug felonies, crimes of violence, sex offenses, and habitual criminals. The sentencing court judges in these cases do not have the …

    Expunge vs. Seal criminal records in Colorado – What’s the difference?

    Posted on | Category: Expungment, Record sealing

    Paper that says criminal record expungement next to a gavel

    The terms “expunging” and “sealing” are often used interchangeably because both processes lead to the same result: Your criminal record no longer coming up on background checks. However, expunging is technically different from sealing. When a criminal record gets expunged in Colorado, it is physically destroyed. There is no trace of the record left for …

    Denver Hit and Run – 5 key things to know

    Posted on | Category: Hit and Run Accidents

    Dented bumper following a hit and run

    1. You must stop after a car accident If you are driving in Denver, Colorado and have a collision with another vehicle, bicyclist, pedestrian, or property (such as a mailbox or gate), you have the following five duties: Stop and park your car as quickly and nearby as you safely can. If anyone is injured, …

    Drug Checkpoints Leaving Colorado

    Posted on | Category: Drug Crimes

    car trunk containing drugs

    Colorado law does not punish recreational possession of marijuana and psilocybin (“magic mushrooms”) by adults 21 and over.1 However, it is against federal law to cross state lines with these drugs.2 Even driving with marijuana from Colorado to Arizona or to New Mexico is illegal despite that those states permit recreational marijuana as well.3 Therefore, …

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