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I was physically assaulted and shoved the person who was attacking me in order to retreat. Officers are only charging the subject with harassment and me with Assault in the 3rd Degree despite my self-defense claim. I have video evidence and witnesses supporting my account, but the local police... View More 
answered on May 7, 2025
In Colorado, you can be charged with Assault in the Third Degree if you knowingly or recklessly cause bodily injury, even in situations where you claim self-defense. The police may have relied on the off-duty officer’s statement as more credible, especially if they believed your use of force... View More
I am seeking assistance in writing a motion to dismiss a criminal mischief charge against me in a situation where I am accused without sufficient evidence. The only evidence is a call I made to the police about a vehicle parking in my assigned space. I have photographic evidence showing that the... View More
answered on Mar 7, 2025
Filing an effective motion to dismiss requires understanding specific legal grounds and proper formatting. For criminal mischief charges in Colorado, you would typically need to demonstrate that the prosecution lacks probable cause or sufficient evidence to meet the elements of the offense.... View More
For example, if the police asked small talk questions to me and I answer them and then they ask a crime related question like “Were you with [X person] tonight?”, can the fact I invoked after that specific question be used against me? Does this depend on wether I’m in a voluntary discussion... View More
answered on Mar 7, 2025
Generally, the mere fact that you invoked Miranda rights after a specific question cannot be used against you in court as evidence of guilt.
The analysis definitely depends heavily on whether you were in custody when questioned. Miranda only applies during custodial interrogation, and... View More
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