Question 1

How can Rights & Liberties Law Firm help me if I’m charged with a crime?

Accepted Answer

The firm conducts its own investigation, challenges police evidence, advocates for clients at bond hearings, litigates constitutional violations and prepares aggressively for trial. If a negotiated resolution is in the client’s best interest, the attorneys present mitigating evidence to pursue a favorable plea or sentence. They handle a broad range of felony and misdemeanor charges and encourage potential clients to start with a free case quote.

Question 2

What is pre‑filing representation, and why might I need it?

Accepted Answer

Pre‑filing representation occurs before formal charges are filed. Attorneys can communicate with law‑enforcement investigators and prosecutors to supply exculpatory information, negotiate for diversion or reduced charges and preserve evidence that may prevent or lessen charges. Early intervention can often improve the outcome.

Question 3

What happens during a criminal appeal in Colorado?

Accepted Answer

Appeals challenge legal errors such as improperly admitted testimony, flawed jury instructions or insufficient evidence. The process includes filing a notice of appeal, obtaining and reviewing the trial record, submitting written briefs and presenting oral argument. The appellate court then issues an opinion. Successful appeals require meticulous research and writing.

Question 4

What is postconviction relief, and who is eligible to seek it?

Accepted Answer

Postconviction relief under Colorado Rule 35 allows someone to challenge a conviction after sentencing. Grounds include illegal sentences, ineffective assistance of counsel, newly discovered evidence, coerced confessions, withheld exculpatory evidence or juror misconduct. Deadlines vary depending on the level of offense, and judges consider factors such as credibility of new evidence and whether the errors undermined the verdict.

Question 5

What are the key elements of a stalking charge in Colorado?

Accepted Answer

A stalking charge requires proof that the accused made a credible threat and knowingly followed, approached, contacted or repeatedly surveilled the victim or the victim’s family or partner. “Repeated” means more than one occasion, and the threat must cause the victim to reasonably fear for their safety.

Question 6

What penalties can result from a stalking conviction?

Accepted Answer

A first stalking offense is typically a class 5 felony punishable by one to three years in prison, probation and fines. If the accused violated a protection order or has a prior stalking conviction, it becomes a class 4 felony with harsher penalties. Courts may also impose restitution and no‑contact orders.

Question 7

What is vehicular homicide, and what must the prosecution prove?

Accepted Answer

Vehicular homicide occurs when someone drives recklessly and causes a death or drives while under the influence of alcohol or drugs and causes a death. Reckless driving involves conscious disregard of a substantial risk; driving under the influence is a strict‑liability offense for vehicular homicide.

Question 8

What are the penalties for vehicular homicide in Colorado?

Accepted Answer

Vehicular homicide by reckless driving is a class 4 felony punishable by two to six years in prison and fines ranging from $2,000 to $500,000. Vehicular homicide while driving under the influence is a class 3 felony carrying potential penalties of four to twelve years in prison and $3,000 to $750,000 in fines.

Question 9

What defenses are available for vehicular homicide charges?

Accepted Answer

Defenses include showing the prosecution cannot prove every element (general denial); demonstrating that the driver was not under the influence when DUI is alleged; proving lack of recklessness; arguing that other factors were the cause of the death; citing mechanical failure or sudden medical emergency; raising mistaken identity; and presenting evidence that another driver was responsible.

Question 10

How is unlawful purchase of firearms defined, and what are the penalties?

Accepted Answer

Colorado law makes it a class 4 felony to knowingly buy or obtain a firearm for someone who is prohibited from possessing one. Conviction can result in two to six years in prison, three years of mandatory parole, probation and fines between $2,000 and $500,000.

Question 11

What defenses can you raise against an unlawful purchase of firearms charge?

Accepted Answer

Standard defenses include general denial, mistaken identity, alternate-suspect evidence, duress (acting under threat), entrapment (being induced by law enforcement) and a “choice of evils” defense for emergency situations. A defendant might also challenge whether they should reasonably have known the recipient was ineligible to possess a firearm.

Question 12

What is criminal impersonation in Colorado, and how is it charged?

Accepted Answer

Criminal impersonation occurs when someone knowingly assumes a false identity or legal capacity to marry, act as surety, confess judgment, sign an instrument or perform acts that subject another person to liability or provide a benefit. Depending on the facts, it may be charged as a class 6 felony, a class 5 felony or, in some circumstances, as a class 1 or class 2 misdemeanor.

Question 13

What penalties apply to criminal impersonation convictions?

Accepted Answer

A class 2 misdemeanor can result in up to 120 days in jail and a $750 fine; a class 1 misdemeanor can result in up to 364 days in jail and a $1,000 fine; a class 6 felony carries 12–18 months in prison and fines up to $100,000; and a class 5 felony carries one to three years in prison and up to $100,000 in fines.

Question 14

What defenses might apply in a criminal impersonation case?

Accepted Answer

Defenses include general denial, mistaken identity, alternate-suspect evidence, duress, entrapment and emergency (“choice of evils”) situations. Additionally, there is a three‑year statute of limitations for felony charges and an 18‑month limit for misdemeanor charges.

Question 15

What is contributing to the delinquency of a minor?

Accepted Answer

First‑degree contributing occurs when a person induces or aids a child under 18 to violate a crime that qualifies as a victims‑rights‑act felony. Second‑degree contributing occurs when the inducement involves a lesser offense, such as violating a municipal ordinance or non‑felony law.

Question 16

What penalties can you face for contributing to the delinquency of a minor?

Accepted Answer

First‑degree contributing is a class 4 felony punishable by two to six years in prison and fines of $2,000–$500,000. Second‑degree contributing is a class 1 misdemeanor carrying up to 364 days in jail and a $1,000 fine. Conviction can also have collateral consequences for employment, housing or child custody.

Question 17

What defenses are available for contributing to the delinquency of a minor charges?

Accepted Answer

Defenses include general denial, arguing that the accused is only guilty of the lesser degree of the offense (lesser‑included offense), duress, and entrapment. The statute of limitations is three years for felony charges and 18 months for misdemeanor charges.

Question 18

What is disrupting lawful assembly in Colorado?

Accepted Answer

A person commits this offense by intending to prevent or disrupt a lawful meeting, procession or gathering and significantly obstructing or interfering with it through physical action, speech or other means. The offense is generally a petty offense but becomes a class 2 misdemeanor if the assembly is a funeral.

Question 19

What penalties can result from a disrupting lawful assembly conviction?

Accepted Answer

A petty‑offense conviction can carry up to 10 days in jail and a $300 fine. A class 2 misdemeanor conviction can result in up to 120 days in jail and a $750 fine. Conviction can also lead to collateral consequences such as employment, housing and immigration problems.

Question 20

What defenses can be raised against a disrupting lawful assembly charge?

Accepted Answer

Defenses include arguing that the prosecution cannot prove each element (general denial), lack of intent, proving that the conduct did not significantly obstruct the assembly, asserting First‑Amendment rights to free speech and peaceful assembly, mistaken identity, alternate‑suspect evidence, duress and the choice‑of‑evils defense. Misdemeanor charges must be filed within 18 months; petty‑offense charges must be filed within six months.

Question 21

What constitutes a riot offense in Colorado?

Accepted Answer

Riot‑related offenses include inciting a riot (urging five or more people to engage in a riot), arming rioters (supplying deadly weapons or teaching how to use them for a riot), engaging in a riot (may be a misdemeanor or felony depending on weapon use), disobeying public safety orders during a riot, and participating in a riot while confined in a detention facility. Penalties range from misdemeanors to class 3 felonies.

Question 22

What defenses exist for riot‑related offenses?

Accepted Answer

Possible defenses include general denial, asserting free‑speech and right‑to‑assemble protections when the conduct was expressive, mistaken identity, alternate‑suspect evidence, duress, entrapment and emergency (“choice of evils”) situations. Felony riot charges must be filed within three years; misdemeanors within 18 months.

Question 23

What is considered possession of a dangerous or illegal weapon, and how is it classified?

Accepted Answer

“Dangerous weapons” include items such as firearm silencers, machine guns, short shotguns and short rifles. “Illegal weapons” include blackjacks, gas guns, ballistic knives and metallic knuckles. Knowingly possessing a dangerous weapon is a class 5 felony, while possessing an illegal weapon is a class 1 misdemeanor.

Question 24

What defenses might apply to a dangerous or illegal weapon charge?

Accepted Answer

Defenses include general denial, mistaken identity, alternate‑suspect evidence, duress, entrapment and the choice‑of‑evils defense. It is also an affirmative defense if the person is a peace officer or National Guard member acting in the line of duty or has a valid permit. Felony charges must be filed within three years; misdemeanors within 18 months.

Question 25

What are common fraud and cybercrime offenses in Colorado, and what defenses are available?

Accepted Answer

Fraud offenses include electronic mail fraud, forgery, criminal impersonation, identity theft, insurance fraud, fraud by check and money laundering. Penalties vary widely, from petty offenses carrying up to 10 days in jail to felonies punishable by up to 12 years in prison and substantial fines. Cybercrime involves unauthorized access to computers or networks, using computers to defraud or steal, or causing damage or disruption; charges range from petty offenses to class 2 felonies depending on the value of the loss. Defenses applicable to fraud and cybercrime include general denial, absence of intent to defraud, authorization to access systems, arguing lesser‑included or lesser‑non‑included offenses, mistaken identity, alternate‑suspect evidence, duress, entrapment, emergency situations, and, in some cybercrime cases, First‑Amendment protected‑speech arguments.

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