Legal Question in Criminal Law in Colorado

My brother gets wakened at 1 am with police at front door looking for a "Kirk Russel" . He opens the door 1 police already half enters followed by the other 2. They notice his paraphanalia and asks him if he has has medicinal card. He has had one for over 3 years, but due to a previous misdemeanor charge regarding alcohol, his probabtion condition was no marijuana, and mandatory UA weekly, so he let it expire 2 months earlier. He showed them all the paperwork substanciating why he had the paraphanalia. They confiscated it, and charged him. He looked up the statutes which indicated the fine to be $100 and 20 hrs comm srv. A jury of 3 men found guilty. He was fined $500 and 40 hrs. Can judge make that change? Why wasn't it dismissed due to illegal entry? Does he need an attorney?

Asked on 11/09/12, 9:17 am

Damon Cassens Waters, Kubik, and Cassens

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He needed an attorney before he went to trial. It is a bit like calling the fire department after the house already burned.

That being said, a judge cannot exceed the statutory maximums.

For the case to get dismissed based upon unlawful entry, he needed to file a motion requesting that before, not after, the trial. It is too late.

Answered on 11/09/12, 9:29 am

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