FAQs

A: You need to get your conviction sealed/ expunged. Federal law prohibits your possession of a weapon as well, unto you seal the conviction. Speak to an attorney about this.

A: Based on what you stated, you should speak with an attorney about trying to get your case dismissed. You should try not to enter a guilty plea, if at all possible.

A: If you violated your probation while on a deferred sentence, the conviction for which you received a deferred will likely enter as a conviction and you will be sentenced on that conviction. You will also need to defend yourself on your current charges. An attorney would need to carefully review your cases to see how likely you are to be facing a jail sentence.

A: All convictions, state and federal, are used against an offender when sentenced for a federal offense.

A: You will only be charged if the grand jury finds there is probable cause to believe that you were involved in the drug trafficking. "Mere presence" at the time of the offense, or at the time of execution of the search warrant, is not enough, no matter what your past record is.

A: You need to consult with an attorney concerning asserting your Fifth Amendment right against self-incrimination. You will be incriminating yourself if you testify as you suggested.

A: If you worked with law-enforcement, without an agreement with federal prosecutors that you will not be prosecuted for a crime, then you could be prosecuted. You need to consult a federal attorney about your specific situation.

A: If your boyfriend's gun possession charge was dismissed, that is likely because the state did not believe it could prove his possession beyond a reasonable doubt. At the parole hearing, the burden of proof is only by a preponderance of the evidence (i.e., more likely than not that your boyfriend possessed the gun). Therefore, the criminal charge can be dismissed, but a parole violation could still be found.

A: Yes, you and your attorney can appeal when a court rules against you if you believe that legal errors were made in the handling of your case. Before deciding to appeal the court’s decision, it is crucial to speak at length with your attorney to determine if the formal appeal process is a good and worthwhile use of your time and resources.

A: Most charges will remain on your record unless they are successfully sealed or expunged. Some charges are required to remain on your record for a set period of time or until after certain conditions have been met, and some charges can never be expunged or sealed.

A: Your ability to travel may be limited during your criminal case. The judge handling your case may place restrictions on your leaving the County, State, or Country. It is crucial to respect those restrictions, as violating them can result in a warrant being issued for your arrest and more legal complications to contend with.

A: Yes, you can go to jail for a DUI in Colorado, especially if you are facing a second or third offense or if your BAC is 0.20 or higher. To avoid possible jail time, it is critical to allow an experienced DUI defense attorney to contest the charges you face, ideally seeing those charges reduced or dropped.

A: “Probable cause” is the reasonable belief that it is more likely than not that a crime has been committed and that a specific person committed that crime. It is the legal standard required for an officer to arrest you for a suspected crime.