How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stevexo Your Own Question
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
Type Your Criminal Law Question Here...
Stevexo is online now
A new question is answered every 9 seconds

In Colorado, on a PR Bond for DWI @ 1k PR bond..... misdemeanor.

This answer was rated:

In Colorado, on a PR Bond for DWI @ 1k PR bond..... misdemeanor. A how hard is it for a experienced lawyer to get it knocked down one row, or even by 1 day "max senteence" 10-180 (mine was set at 10, i did 3 days) or by, say 1 order to lesson my parole which will be i can still maintain my right to go shooting.....i know i can still own guns, the judge said just looking to get 1 dollar or 1 day knocked off so im clear....

And on first apperance in court, is the PR bond lifted, or is it there untill case is closed?
Qualified as an expert in Criminal Law,32 years of Criminal Defense trial work. Hi glad to help. The PR bond will remain until the conclusion of the case, and thus will be in place after your first appearance. What a good attorney can do for you depends on the facts of your case, and if you are talking about a min/mand sentence or just a regular sentence. If you blew a .20 it will be very hard, if it was a refusal, or low blood alcohol and good sobriety tests, then your chances get much better. If part of the time you want knocked off is a true min/mand, then it cannot be waived, and the charge would have to be reduced, which relates to how good or bad your case is, and also your prior record. As long as it is not a min/mand there is always a possibility, and local counsel where you reside should know best. Sincerely, Steve
Customer: replied 4 years ago.

it was just over 2.0. However i have some health conditions that would make me fail a sobriety test period....i did not refuse, i should have.


Will the DA ever bargain on terms of probation? Or are they set in stone?


0 prriors, and it is min/man....but my sentence was the min....and i may not even have to finish it.


I'd be happy with removing 1 or 2 probation terms, if that can even be done.....

Sorry had to get some sleep! Yes you are correct if you have health issues, and would have refused, they would have had a hard time determining what was caused by alcohol, vs your health condition causing it. The prosecutor will bargain in your case, as their goal is to work these out and avoid trial. I negotiate these things all the time, also unless waived, you can always file a motion for early termination of probation when you complete your conditions, and many times these are granted as long as the probationary period you want to terminate is not the min/mand probationary period. Also the State can plea bargain with the length of probation and conditions thereof, but usually neither they or the judge can waive any min/mand probation. But in reality, like you said about not having to finish the sentence even though it is a min/mand, what happens is when you complete the conditions, the court will on motion of probation or yourself early terminate the probation. When you say you want to remove probation terms, that would depend on what they are. The proper way to do this is to file a motion to modify probation and see if you can get the conditions you are speaking about removed. But if you are speaking about things like a minimum license suspension, or community service( although many courts let you pay this off) Interlock device, unless you fall into a statutory exception for it, the minimum fine required by the statute, those are usually min/mand's and you cannot usually ever get these waived, if in fact it is a min/mand. I like being compensated by the clients on this site, but even more important to me than that is to give you good practical advice on this topic. Thus please go see local counsel,even if to just run the facts by them, they, like I am here, are in that court every week, and deal with the prosecutor in that specific court all the time. Because of this only a person like that can really give you the botXXXXX XXXXXne on your case. You most likely can get a free consultation with an attorney that deals with this prosecutor, and judge, all the time,and could point you in the right direction even if you do not hire them, which is really the ideal situation. But if you cannot get private counsel then use the Public Defender, at least they know all the players involved and can protect your rights. I never suggest to go it alone, as you need an attorney to speak to the State for you. Good Luck, Steve
Customer: replied 4 years ago.

the only term i care about is being able to use a firearm for the two years....the judge said i maintain the right to own - but my PR bond says no guns....

The Judge can modify the conditions of your bond, and as you state he has no objection to you possessing a firearm, you can file a motion to amend bond conditions, and have the Judge amend the conditions to allow this. Bond conditions are amended all the time upon proper motion to the court. Also if your case is over, meaning a sentence imposed, the PR bond in no longer in effect. But until that happens, the route to go is the motion to amend the bond conditions. Good Luck, Steve
Customer: replied 4 years ago.

RIght, in this case it was a dwi, and i had an unloaded hand gun and i was speeding..(open carry is legal here) off the bat DA wanted to toss alll but dwi.....


I hired a criminal defense hopes of just getting my gun back and finial probation conditions lowered, which i believe are un supervised. Those are the only things im asking for.

Then this attorney should have no problem filing the motions I have previously stated, to amend those conditions. I do it all the time. Good Luck, Steve
Stevexo and 4 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions