I was charged with habitual offender in Colorado my dates of commission are more then 10 years apart can I fight this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I was charged with habitual offender in Colorado my dates of commission are more then 10 years apart can I fight this?
I was charged with habitual offender but my dates of commission are more then 10 years apart can I appeal this?
Asked on June 23, 2009 under Criminal Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
From my reading of the applicable statues, in order to be considered an habitual offender you would need to have had at least 2 prior offenses. If you are talking about a DUI, it would have to be 3 offenses within 7 years. In either event, you do not seem to meet the requirements to have to be labeled with habitual offender status.
I would contact a criminal attorney in your area. They can best advise on how to fight this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.