Does and Don’t When Arrested in Colorado

If you are arrested in Colorado, then it is highly important that you remain silent and remember that you have a right to an attorney for legal guidance. However, these rights can be maintained only if you are well aware of them and use them appropriately. In case you get arrested for some reason, the best thing for you to do would be to stay silent until you are represented by a legal practitioner.

To make sure that you are represented in the court of law in Colorado and have the best legal help, it is important that you get in touch with a criminal defense attorney who can take up your case and provide you with customized solutions to get you out of legal trouble. Colorado law is an amalgamation of various complex concepts, and to make sure that they are followed in the best manner, it is important that a certified legal practitioner is always by your side during these troubled times.   

What does an arrest signify?

A person is said to have been arrested if a police officer actually takes that individual into custody. This can only happen when due to some reason he or she is entitled for an arrest and is not free or eligible to leave. Even though many people are taken to the jail after being arrested, the process of arrest itself starts much earlier. For instance, if the person is suspected of robbery and subjected to questioning which does not seem to stop, then that person can be said to be under arrest.

The Officer can Arrest a Person Only if:

•    The officer actually sees the individual commit a crime;
•    Officer has strong probable cause to believe that the individual has committed some sort of felony (crimes that are punishable by the state prison);
•    A magistrate or judge has issued arrest warrant against the individual due to some probable cause.

Stay Away from Use of Force

In majority of the states, an individual cannot use force for resisting an arrest, even in cases where the arrest do not have any probable cause. The individual using force can actually be charged with the allegation of resisting arrest or carrying out a battery on the officer. In case you think you are arrested without any probable cause, then your remedy is to contest it in the court and not on the streets.   

What to do after an arrest

Once you are arrested, you will be subjected to thorough searching, either at the crime scene or in the jail or both. If any evidence or contraband is found, it will be seized. After that, you will be fingerprinted and photographed and a record will be made for your arrest. A lot of newspapers publish these arrest records and nowadays many such arrest records are also easily accessible online. 

Every individual who is arrested for questioning by the police should be informed of all of their legal rights to stay silent and being assisted by attorney. These are often referred to as “Miranda rights”. 

Invoke your legal rights

You need to invoke your right to remain silent as well as the right to an attorney. After you have invoked these rights you should maintain silence. Many people say that they do not want to talk but soon after they start talking and say something incriminating which makes their case even more difficult in the court. Apart from telling the police about your basic information such as name, birth date and address, you should refrain from saying anything else. Do not speak to the police officers or even your family and friends about your case or discuss anything with the other inmates. 

The police are skilled at teasing out serious incriminating information from someone, and the other inmates might converse with you to find out something that they can then inform the police for securing a better legal deal for themselves. Another important thing that you need to be aware of is that all conversations that you are having in the jail with your visitors whether face to face or on the phone are being monitored and recorded. However, the conversations that you have with your attorney are private and it is only he/she who can advice you on what to say or no to say to the police.

Get Legal Assistance in Colorado

It can be stressful and unpleasant to get arrested. Sometimes people want to find release so badly that they simply think that talking things with the police or cooperating with them would help. The police officers may also give you a similar impression. However, you should first get legal assistance in  Colorado before you speak anything to the police as without doing so, your case can become more complex and it might then become difficult for you to find release. 

                

  

Read More

Category Of Cases That Can Be Sealed In Colorado

Records of criminal court cases are generally accessible by the public. This means that anyone who wishes to gather information on a person’s criminal past, i.e. has access to his or her arrest records, conviction records or charge records, can do so by visiting the local courthouse. However, certain states in the US offer people with the option of hiding or destroying their criminal records, so that they cannot be accessed by others. Expungement and sealing of records are two methods in which a person’s criminal record can be removed from being accessed by another individual.  

      

While the terms “sealing” and “Expungement” of records are frequently used interchangeably, there are certain differences between the two. Sealing of records refers to a process wherein the court records are present, but they are hidden from public view. On the other hand, Expungement refers to the complete destruction of the records, as if they were never there. There are many situations when an individual might want to have their records sealed or expunged. This can include times when one is looking to appear for a job interview, or apply for a driver’s license, or open a bank account. 

Each and every state of US has their very own regulations when it comes to sealing or Expungement of criminal records. As a layman, you might not be aware of all the various intricate regulations that might be associated with the process. So if you are thinking of applying for Expungement of your criminal records, you need to get in touch with professional lawyers for Expungement who can offer you reliable guidance about the process in every step of the way. Some of the key aspects of sealing and Expungement of criminal records according to the state laws of Colorado are described below.

There are mainly four different types of criminal records that can be sealed, namely:

•  Dismissed criminal cases;
•  Cases that involve some kind of drug offenses;
•  Records of municipal code violations and petty offenses;
•   Expungement of juvenile criminal records       

Sealing of records for dismissed or non-conviction criminal cases

You will be eligible to get your criminal or arrest records sealed if you meet any of the following parameters:

•   All the charges were either dismissed or that you were completely acquitted of the charges. This can include cases where you have successfully completed deferred prosecution or deferred sentence;
•   Only a single arrest record was there with no charges pressed, and its statute of limitation has expired;
•   Your case was dismissed more than 10 years ago because of a plea agreement for another case and since then you have had no new criminal charges  

Juvenile expungement of criminal records

According to the state laws of Colorado, an individual is eligible for juvenile expungement of criminal records only in the following circumstances:

·         Immediately after the trial if you were not found guilty;

•  After a period of 1 year, if you were arrested or given a ticket but no additional action was taken. You can also apply for expungement if you have completed an informal adjustment or juvenile diversion program;
• After a period of 4 years if Court has terminated the jurisdiction or if you got unconditionally released from a commitment to department of human services or got unconditionally released from a parole supervision;     
•   After 10 years, if you’ve been adjudicated as a mandatory or repeat juvenile offender and Court has terminated the jurisdiction or you got unconditionally released from a parole supervision, whichever occurs later.     

For further information on expungement or sealing of record Colorado, get in touch with a reputed legal practitioner who is well versed with the related laws of the state of Colorado.

Read More

Colorado Laws on Open & Concealed Gun Carry

According to the Article II, Section 13 of state laws of Colorado, people has right to carry firearms. However, this doesn’t mean that everyone is allowed to carry a firearm or that they can carry a gun anywhere they feel like. In Colorado, one requires a concealed carry permit for carrying a weapon either openly or in a concealed way near your body. Nevertheless, a permit does not allow an individual to use a gun in a way that would go against or violate the regulations set by the state law.

If you are charged with illegal possession of a firearm, then this can lead to serious legal consequences like prison sentences and harsh fines. To make sure that you have the best legal assistance to get yourself through this in the court of law, you need to get in touch with a Colorado criminal defense lawyer who is well versed with the legal regulations associated with a weapon charge in this state. 

The following section states who, according to the Colorado state laws is not authorized to carry a gun, and whose illegal possession of a gun can lead to him or her being convicted of illegal weapon charges. 

• People whose age is less than 21 years;
• Alcoholics or individuals who suffer from addiction of controlled substances;
•  Nonresidents of the state of Colorado, unless the individual has a permit from a state that has reciprocity with Colorado;
• People who are ineligible to possess firearms under federal or state law, including those people who have a felony conviction;
• People who are subjected to protection orders     

Circumstances or situations where carrying a firearm is illegal

According to the state laws of Colorado, a person is not allowed to carry guns in these following situations: 

•  Within the school premises;
•  Without having a concealed carry permit;
•  Within a vehicle, unless it is unloaded;
•  Within certain specific government buildings;
•  Any other place where carrying firearms is not allowed according to the federal laws

Penalties for Violations of Gun Carry Laws

If a man or a woman is convicted of carrying a concealed handgun in the state of Colorado without concealed carry permit, then it is classified as a class 2 misdemeanor. The penalties for such a crime are a monetary fine anywhere between $250 and $1000, or jail time between 3 months and a year, or both. 

If a person is convicted of having a concealed firearm without permit for the 2nd or subsequent time within the period of 5 years of the first conviction, then it is classified as a class 5 felony. The penalties for a such a crime include monetary fine anywhere between $1000 and $100000, jail time between 12 and 18 months, or both.

Once convicted with Colorado weapon charges, the only way to deal with the legal implications is to get in touch with a reputed attorney who has years of experience in handling cases that pertain to these types of cases.

Read More