The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section: I. Scope, Purpose, and Construction Rule 1. Scope The …
U.S. Immigration and Customs Enforcement (ICE) has not recently conducted any large-scale raids in Denver, Colorado, on the scale of what occurred in 2019. During one operation that year, ICE’s Enforcement and Removal Operations (ERO) officers apprehended 63 non-citizens.1 Though even though ICE is not arresting immigrants on the scale it used to, all removable …
If you have been arrested for DUI in Colorado, your criminal defense attorney can request a DMV hearing. This is where your attorney would try to persuade the DMV not to revoke your driver’s license. If you do not have an attorney, you can request a DMV hearing yourself by taking the following steps. Step …
Follow these steps to obtain a marijuana growers’ license in Colorado. Step 1: Research Before anything, educate yourself on the latest marijuana laws and business regulations at the Marijuana Enforcement Division (MED) website. You are also strongly advised to consult with an experienced attorney on your options and obligations as a commercial marijuana grower. Step …
A 3rd DUI in Colorado is a misdemeanor rather than a felony so long as you do not cause an accident resulting in serious bodily injury or death. But a 4th-time DUI can be charged as a felony. The standard DUI penalties for a 3rd-offense are: 60 days to 1 year of county jail time, …
Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are: CRS 42-4-1301 – Fourth-time DUI CRS 18-3-205 – DUI causing serious injury CRS 18-3-106 – DUI causing death First-, second-, and third DUI convictions are prosecuted as misdemeanors as long as there are …
If police in Colorado detain you on reasonable suspicion of criminal activity, you are required to provide the following information if asked: your name your address your ID (if you have it)1 Or if police pull you over for an alleged traffic violation, you are required to provide the following if asked: your driver’s license …
Fleeing the scene of a car accident in Denver without stopping to exchange information or render aid if necessary is a Colorado crime. The punishment for hit and run turns on the extent of the injuries, if any. As long as no one gets seriously hurt, you face only traffic misdemeanor charges. Otherwise, leaving the …
If you get pulled over for a traffic violation shortly after leaving Colorado, the police might suspect that you are illegally transporting marijuana that you purchased in Colorado. Even if recreational marijuana is legal in the state you get stopped in (such as Arizona or New Mexico), the police can still arrest you for bringing …
Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a …
Colorado courts can find a person to be in contempt of court for deliberately disobeying or disrespecting the court. Civil contempt is imposed when a person intentionally defies a court order. Criminal contempt is typically imposed when a person disrupts judicial proceedings. Depending on the facts and types of contempt, penalties may include fines and …
Community service is a standard sentencing term in many Denver, Colorado criminal cases, including DUI.1 Typically the court orders you to complete a certain number of hours of useful public service by a certain date as a term of probation. How many hours do I have to do? It varies by case. For example, underage …
There is a waiting period to seal certain types of felony convictions under Colorado law, and some of the more serious felonies may not be sealed at all. But if the felony charge gets dismissed, then it can be sealed right away. The following table summarizes the waiting period for sealing Colorado criminal records for …
When you raise an affirmative defense in a Colorado criminal case, you are claiming that your unlawful acts were justified under the circumstances. Because they were justified, you are not guilty of the charges alleged. If you raise “credible evidence” of the affirmative defense, prosecutors then have the burden to disprove your affirmative defense beyond …
Careless driving (CRS 42-4-1402) is a class 2 misdemeanor traffic offense in Colorado as long as nobody was injured. The punishment includes: 10 to 90 days in jail, and $150 to $300 in fines. In most cases, judges typically impose just a fine and no incarceration. Note that careless driving becomes a class 1 misdemeanor …
The statute of limitations for the Colorado crime of perjury depends upon the type of offense: It is: three years for first-degree perjury (CRS 18-8-502), eighteen months for second-degree perjury (CRS 18-8-503), and six months for false swearing (CRS 18-8-504). Type of Colorado perjury charge Statute of Limitations to bring a criminal prosecution in Colorado First-degree …
Colorado law prohibits the knowing possession of the following 10 weapons (with some exceptions): 1. Machine guns 2. Submachine guns (SMGs) 3. Short shotguns 4. Short rifles 5. Gas guns 6. Firearm silencers 7. Destructive devices 8. Ballistic knives 9. Blackjacks 10. Metallic Knuckles 1. Machine guns Machine guns shoot more than one shot …
Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in …
The best-case scenario following a Colorado arrest is being released from jail on a personal recognizance bond (PR bond), which means the defendant does not have to put up any bail bond money. Instead, the defendant just has to promise to show up to all future required court dates. PR release is also commonly called …
Mesa County Community Corrections is a Colorado diversion program that allows you to work a job and learn life skills instead of serving a prison sentence. By maintaining employment, you will be earning money to pay your court fines, restitution, treatment costs, child support, medical expenses, and room and board. In community correction, you typically …
If you get convicted of DUI in Denver, the judge will order you to complete alcohol education classes as part of your sentence. Most defendants are court-ordered to complete a Level II Education program, consisting of 24 class hours over 12 weeks. But if you are suffering from alcoholism, you may also be ordered to …
Most jurisdictions do not have a statute of limitations for the crime of murder. A statute of limitations sets forth the amount of time in which a prosecutor can file criminal charges. With no statute in place, prosecutors have no time restrictions as to when they can bring a murder case. Note though that some …
Waiving extradition in Colorado is when a fugitive who is arrested in Colorado for allegedly committing a crime in another state agrees to be transported to the charging state without putting up a legal fight. Extradition from Colorado is a lengthy legal process where fugitives can fight the government’s right to transport him/her to the …
It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety. Deferred sentencing definition A Colorado criminal defense attorney’s …
DWAI stands for the Colorado crime of “driving while ability impaired” (42-4-1301 (1)(g)). In Colorado, people commit DWAI if they are operating a motor vehicle while they are impaired by drugs or alcohol in “the slightest degree.” DUI per se versus DWAI The Colorado crime of DUI per se (42-4-1301(2)(a)) occurs when a person drives …
