Olathe, CO DUI and DWAI Law Firms & Lawyers

The Judge has no way knowing whether charges will be filed, or not, the Prosecutor's office makes that decision and it is unlikely that they had an opportunity to review the evidence and make a charging decision the morning your son was released. The prosecutor has up to one year from the date of arrest to file charges in a misdemeanor case, after the year, charges will be barred by the statute of limitations. Assuming your son is not prosecuted for DUI, or any other possible crime that was committed during the incident that caused him to be arrested, he will still have an arrest record. He may petition the court for a "finding or factual innocence" which will clear the arrest from his criminal record too. He should contact an attorney to discuss the facts of his case and the next possible steps.

My law partner Bob Miller is willing to discuss this with you - call him at 303-449-2830 x2. So if you woudl like to call him he may be able to help.  Certainly it would be best if the car that ran into your house was insured fully as that woudl make resolving the case and getting paid easier. 

If you move to Texas PRIOR to your sentencing date, Colorado law allows the judge to impose a sentence that is just a fine and community service work.  It depends on the county whether they follow this procedure or not, however. Or if you move to Texas after the sentencing, probation can be transfered there under the interstate Compact (a rather complicated process that can take several months to complete).  You will have to get an alcoho0l evaluation in Texas and do whatever is recommended there - if you have not completed your alcohol program before moving - you will be starting all over again. So, the short answeer is you can move, but it is complicated. A lawyer could really help you with this.