The central difference between Colorado’s intentional forms of first- and second-degree murder is mental state. First-degree murder generally requires a decision to kill made after deliberation. Second-degree murder generally requires knowingly causing …
Mitigation gives prosecutors and judges verified information about the person, circumstances, treatment needs, risk, and future plan that the charging document does not show. It is not an excuse for alleged conduct. …
If a Colorado protection order prohibits contact, do not answer merely because the protected person called, texted, emailed, or approached you first. Their decision to initiate contact does not change the order. …
A Colorado criminal mandatory protection order can be modified, but the protected person cannot privately cancel it. The defendant or district attorney must ask the court for a change, and the existing …
A deferred judgment may be available in a Colorado domestic violence case, especially for a first-time misdemeanor defendant, but it requires the prosecutor’s agreement, the defendant’s guilty plea, court approval, and successful …
Work release may be available for some Colorado DUI sentences, including certain repeat-offense cases, but it is not automatic. The statute, sentencing order, county program, job, criminal history, and applicant’s compliance all …
Colorado can count an old DUI or DWAI when classifying and sentencing a new impaired-driving case. There is no simple rule that a prior disappears after five, ten, or twenty years. Its …
A Colorado DUI arrest with a child passenger can produce two separate criminal accusations: the driving charge and child abuse based on allegedly placing the child in a situation that threatened injury. …
A Colorado blood result of five nanograms or more of delta-9 THC per milliliter does not create the same automatic offense as a .08 alcohol result. Colorado law permits an inference that …
In many Colorado alcohol DUI investigations, the driver must receive a meaningful opportunity to choose between a blood test and a breath test. Neither option is universally better. The defensible question is …
If you timely required the arresting officer to appear at a Colorado Express Consent hearing and the officer fails to appear without a legally accepted reason, the DMV revocation proceeding may be …
A 911 recording is not automatically admitted or excluded in a Colorado domestic violence case. The judge must examine why each statement was made, whether an emergency was still unfolding, and whether …
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