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Category: Felonies


Everything You Need to Know About Felonies in Colorado
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Have you been charged with a felony? You may feel confused, nervous, or unsure of your next steps. What consequences do you face? Should you look for a lawyer? What even is a felony?
 
A felony is the most serious type of crime in the state of Colorado, above misdemeanors or petty offenses. Being charged or convicted of a felony has serious, lifelong, public consequences, but it does not… Continue reading this article

Petty Offense, Misdemeanor, and Felony Differences in Colorado
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As far as Colorado law officials and prosecutors are concerned, any type of criminal offense is a serious matter. However, different levels of criminal offenses are handled in different ways, and are subject to different penalties.
 
In Colorado, there are eleven different classes of criminal offenses: two classes of petty offenses, three classes of misdemeanors, and six classes of felonies. Typically, petty offenses are considered to be the… Continue reading this article

Timeline of a Felony Case in Colorado
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As a Colorado defense attorney, I am often asked about the timeline and procedure of a felony case. Most people know from pop culture portrayals of the legal system that a defendant who pleads not guilty in a felony case will typically go to trial, but there are actually several other important steps that may be less familiar.
 
To help defendants, their families, and other interested parties better understand… Continue reading this article

Intervening Causation Defense in Vehicular Assault and Homicide Cases
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A DUI case can easily become something much more serious if there is a serious injury or even a death involved. In those cases, a DUI charge is elevated to a charge of Vehicular Assault or Vehicular Homicide.
 
Any time a DUI or DUID is elevated to a charge of Vehicular Assault or Vehicular Homicide, the legal standard that applies is one of strict liability. What that means is… Continue reading this article

Presentence Confinement Credit: When Are You Entitled?
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Oftentimes, individuals are arrested when charges are filed, and spend some amount of time in custody prior to their criminal case being resolved.  Some spend as little as one day in custody, others spend months if not years, depending upon their ability to post a bond.  Some are unable to bond out due to either a parole hold or an ICE (or Immigration and Customs Enforcement) hold.
 
In felony… Continue reading this article

The Police Didn’t Read Me My Rights: Shouldn’t My Case Get Dropped?
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One of the most frequent complaints I hear from prospective clients during free consultations is that the police did not read them their rights.  The significance of any such omission may not be as serious as you would think.
 

There is no blanket rule requiring a police officer to read you your rights, or as they are known in legal terms, Miranda rights.  You are only entitled to a… Continue reading this article

Should Destruction of Geological Areas be a Crime?
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A story receiving some media attention in the Rocky Mountain area this weekend is the filing of charges against two men in Utah for allegedly knocking over a rock formation. One has been charged with criminal mischief, and the other charged with conspiracy to commit criminal mischief, both felonies.  The video of the incident, which occurred several months ago, has received many hits online.
 
While one of the men… Continue reading this article

What happens if police don’t read you your rights?
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A commonly held belief is that if you are arrested and the police fail to read you your rights, your case will be invalidated and possibly dismissed.  This belief is not, however, accurate.  If police fail to read you your Miranda rights, the relevance of that failure is that the prosecutor cannot use any statements obtained from you following your arrest in their prosecution.
 
To have your Miranda rights… Continue reading this article

Statute of Limitations in Colorado
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One legal concept I frequently get questioned about is the statute of limitations.  Different offenses have different applicable statutes of limitations, meaning that different offenses have different set time limits for the filing of charges.  Some offenses, of course, have no statute of limitations at all.  Should a statute of limitations apply and charges not be filed within the pertinent time period, then charges cannot be filed at some later… Continue reading this article

Colorado Bill Proposes Allowing Felons to Regain Firearm Rights
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The Bill, introduced by a Republican representative in the state House, would allow felons whose felony convictions were non-violent, or also did not involve arson or otherwise the use of any force, to regain their firearm rights.  Currently, Colorado law mandates that all felons, regardless of the nature of their conviction, lose their firearm rights.  The idea behind this law is that a non-violent felon is much less likely to… Continue reading this article