Friday, November 8, 2024

Colorado Statute of Limitations for Criminal Acts

Colorado statutes of limitations dictate the timeframes in which legal action must be taken for various criminal charges. These timeframes allow for justice to be pursued in a timely manner while also protecting defendants from old charges when evidence may be stale. Here we’ll cover the Colorado criminal statutes, what they mean and a chart for specific limits.

Why Statutes of Limitations Matter in Criminal Law

The statute of limitations encourages prompt prosecution, so evidence and witness testimony is fresh and credible. Timeframes vary depending on the crime. More serious crimes, especially violent crimes, have longer, or no statutory limits.

Key Statutes for Limitations in Colorado

The main statute for Colorado’s statute of limitations is found in Colorado Revised Statutes Section 16-5-401. This statute outlines the different timeframes based on the type of crime and has special provisions for certain crimes, like those involving minors. It’s important to know how these timeframes apply based on whether the crime is a misdemeanor or felony and the nature of the crime.

Colorado Statute of Limitations for Various Offenses

  • No Statute of Limitations: Some of Colorado’s most serious crimes, like murder and sex crimes against minors, have no statute of limitations. That means charges can be brought at any time, no matter how long ago the crime occurred.
  • Felonies: Most felonies in Colorado have a 3-year statute of limitations, some serious felonies have 5 years or more.
  • Misdemeanors and Traffic Offenses: Colorado has shorter timeframes for less serious offenses. Misdemeanors have an 18-month limit, some misdemeanor traffic offenses have a 1-year limit.

When Does the Clock Start?

The statute of limitations usually starts on the date of the offense or when the crime is discovered. Crimes with complex or hidden elements, like embezzlement or conspiracy, may have a delayed start time.

Statute of Limitations Tolling

“Tolling” means suspending the statute of limitations under certain circumstances. In Colorado, tolling occurs if the accused is out of state, which extends the time to file charges up to 5 years. This provision prevents suspects from avoiding charges by simply leaving the state.

Colorado Statute of Limitations Chart

Here is a chart of the time limits for different types of crimes in Colorado:

Crime Category Statute of Limitations Statutory Reference
Murder, kidnapping, treason None § 16-5-401(1)(a)
Sex offenses against minors None § 16-5-401(1)(a)
Felony forgery, any penalty None § 16-5-401(1)(a)
Vehicular homicide 5 years § 16-5-401(1)(a.5)
Other felonies 3 years § 16-5-401(4)
Misdemeanors 18 months § 16-5-401(5)
Class 1 and 2 misdemeanor traffic offenses 1 year § 16-5-401(6)
Petty offenses 6 months § 16-5-401(7)

Exceptions to Note

Some crimes may also have longer limitations under special circumstances, like fraud or cybercrimes. In cases of conspiracy or continuous crimes, like ongoing theft, the statute doesn’t start until the last act is committed. Crimes discovered long after they occurred—usually fraud or abuse cases—may have different start dates.

Discovery of an Offense and Statute of Limitations in Colorado

In Colorado, some crimes have a statute of limitations that only starts when the offense is “discovered” not from the date of the offense. The concept of “discovery” is key, especially for crimes where the victim or law enforcement may not know a crime has occurred right away. In those cases, the statute of limitations starts when the offense is reasonably known or should have been known through diligent inquiry. This delay is significant for crimes of complex schemes, fraud or hidden harm where perpetrators will go to great lengths to conceal their actions.

How “Discovery” Works in Colorado Law

Colorado law recognizes that some criminal acts are not immediately detectable especially those involving fraud, embezzlement, and environmental violations. For those cases, the statute of limitations clock starts ticking only when the offense is discovered or should have been discovered. This provision allows perpetrators of these hidden crimes to be held accountable even if their actions go undetected for years.

For example, in a large embezzlement case, a financial institution may not detect the missing funds until an audit uncovers suspicious transactions. In that case, the discovery date becomes the starting point for the statute of limitations. Similarly, a fraud case involving falsified documents may remain hidden until the victim or an investigator finds discrepancies in the records.

Crimes Where the Discovery Rule Applies

Several crimes in Colorado are subject to the “discovery” rule which can extend the statute of limitations. Some of those include:

  1. Fraud: Crimes of deception such as securities fraud, financial fraud or mortgage fraud fall under the discovery rule. Since the victim may not know they have been frauded right away the statute of limitations starts from when the fraud is discovered or should have been discovered.
  2. Theft by Deception: Where the offender uses deception to take someone else’s property without their permission, the crime may not be discovered right away. This is common in real estate scams, investment schemes, or where the theft occurs over a long period of time. Here, the statute of limitations starts when the offense is discovered.
  3. Environmental Violations: Crimes of environmental harm such as illegal dumping or pollution are often hidden. Since the effects of these crimes may not surface until environmental testing or investigation uncovers them the statute of limitations in these cases starts from the time of discovery.
  4. Sexual Assault Cases Involving Minors: While Colorado already allows indefinite prosecution for certain sexual offenses against minors, the discovery rule may apply to cases where the victim delayed reporting, or the evidence was not discovered until later especially if the victim was unaware of the harm due to age or other factors.
  5. Elder Abuse and Financial Exploitation: Crimes against the elderly especially financial exploitation are often hidden and may not be discovered until a family member or caregiver investigates unusual transactions or behavior. The statute of limitations for these crimes may start when the abuse is first discovered.

What the Discovery Rule Means

The discovery rule gives victims and law enforcement more time to prosecute crimes that would otherwise go unprosecuted due to the passage of time. By understanding how discovery affects the statute of limitations, both prosecutors and Colorado criminal defense attorneys can prepare better for these cases and balance the need for justice with due process rights.

Conclusion

Colorado’s statutes of limitations strike a balance between time to investigate/prosecute, and fairness to the accused when the evidence and testimony would be “stale.” If you’re facing charges or worried that you might face charges for an older crime, please contact us at 719-227-0022 to discuss your case.

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Thursday, November 7, 2024

Colorado Statute of Limitations for Civil Cases

In Colorado, the statute of limitations for civil cases is the time frame in which a lawsuit must be filed after an event occurs. These time frames vary by type of case, meaning the statutory times vary for personal injury, car accident, medical malpractice, etc. Knowing the statute of limitations for your type of case is key, as missing the deadline means you will be barred from filing a claim. Colorado also has special government claim notice requirements when you file a claim against a state or local government entity.

Statutes of Limitations

The statute of limitations is the legal deadline to file a lawsuit. Colorado Revised Statutes Section 13-80-102 outlines these deadlines by type of civil claim. Here’s a few of the statute of limitations for common civil cases in Colorado:

1. Personal Injury (Slip and Falls, Premises Liability)

  • Statute of Limitations: 2 years
  • Details: Slip-and-fall cases are personal injury cases where the injured party must file a claim within 2 years from the date of the injury. These are premises liability cases where the property owner may be liable for not maintaining safe conditions. After 2 years from the date of the injury, your claim will be barred from filing a claim.

2. Motor Vehicle Accidents

  • Statute of Limitations: 3 years
  • Details: Colorado allows 3 years to file a lawsuit for damages from a car, motorcycle or truck accident. This includes property damage and personal injury claims. Even if the evidence is clear cut, you must file within this time frame to keep your case alive.

3. Medical Malpractice

  • Statute of Limitations: 2 years, with exceptions
  • Details: For medical malpractice cases, the standard statute of limitations is 2 years from the date of the alleged malpractice. However, Colorado law has a “discovery rule” which allows the deadline to extend if the injury wasn’t discovered immediately. Despite this exception, there is an absolute 3-year cutoff, so if more than 3 years pass since the incident, you can’t file a claim, regardless of when you discovered the injury.

4. Product Liability

  • Statute of Limitations: 2 years
  • Details: Product liability cases, including defective products, are 2 years. These cases require evidence the product was inherently defective or had defects that caused the injury. Colorado has a discovery rule for product liability cases too, so if the injury wasn’t discovered immediately, the deadline can extend.

5. Defamation (Libel and Slander)

  • Statute of Limitations: 1 year
  • Details: Defamation cases, whether libel (written) or slander (spoken) must be filed within 1 year of the defamatory statement. This short time frame is why it’s so important to act quickly if you need to seek legal remedy for harm to your reputation.In every case, you should check with a lawyer in your area. The information on this blog is not case-specific. Remember, if you miss a Statutory Deadline, you could be permanently barred from filing a suit, no matter how strong your case is.

Government Claim Notice Requirements in Colorado

When suing a government entity, such as the state, county or city, special rules apply. Colorado’s Colorado Governmental Immunity Act (CGIA) requires anyone planning to sue a government entity to submit a formal claim notice first. The notice must be submitted within 182 days (about 6 months) of the injury or loss and if you don’t comply with this notice requirement you can’t file a lawsuit against the government entity.

What to Include in the Government Claim Notice

A government claim notice should have:

  • Claimant’s name and address
  • Detailed description of the incident, including date, time and location
  • Statement of damages or injuries
  • Name of the government agency or employee, if known Make sure to be accurate in these notices as they are the basis for any subsequent lawsuit. The notice is filed with the Attorney General’s Office.

Types of Cases that Require a Government Claim Notice

  • Roadway Accidents Caused by Government Negligence: This includes cases where the government created an unsafe road condition or a government vehicle caused the accident.
  • Slip and Fall on Government Property: If someone slips on an icy government sidewalk or encounters another hazard on public property, they must file a notice before they can sue.
  • Medical Malpractice at a State/Government Hospital: Cases involving government-run medical facilities also require notice within 182 days.

Exceptions and Special Circumstances

Colorado has strict statutes of limitations but there are some exceptions based on specific circumstances such as:

  • Discovery Rule: If the injury or wrongdoing wasn’t immediately apparent, the statute of limitations may be extended for the time of discovery.
  • Minors and Incapacitated Individuals: Colorado law allows for extensions when the victim is a minor or has a legal disability that prevents them from filing a claim.

If You Miss a Statute of Limitations or Notice Requirement

If you miss a statute of limitations or government claim notice deadline, it can have big consequences. In most cases, the court will dismiss the lawsuit if filed after the deadline and you can’t recover any damages. When dealing with government entities, missing the notice deadline will often result in the claim being quickly dismissed.

To comply with deadlines and procedural requirements, anyone considering a civil lawsuit in Colorado should seek legal advice as soon as possible. Lawyers can help you determine which statutes apply, file the notices correctly, and gather the necessary evidence within the timeframes. Remember, even after you file the Claim Notice, there are still applicable Statutes of Limitations in the case.

Summary

Colorado’s statute of limitations and government claim notice requirements are crucial for anyone seeking justice in a civil case. Each case type – personal injury to breach of contract – has its own deadlines and procedural requirements. Government claims require extra attention, as the notice requirement is very short at 182 days.

Filing a civil claim in Colorado requires prompt action and legal advice to make sure claims are filed within the statutory time.

Here are some Statutes on common cases:

Type of Claim Statute of Limitations Additional Details
Personal Injury (Slip and Fall) 2 years Includes premises liability and negligent property maintenance
Motor Vehicle Accidents 3 years Covers car, motorcycle, and truck accidents
Medical Malpractice 2 years (up to 3 years with discovery rule) Maximum 3 years from the date of malpractice
Product Liability 2 years Discovery rule applies if injury wasn’t immediately apparent
Defamation (Libel and Slander) 1 year Includes both written (libel) and spoken (slander) defamation
Government Claims 182 days (notice of claim) Requires filing notice within 182 days before suing
Wrongful Death 2 years Starts from the date of death
Property Damage 2 years Includes damage from negligence or trespassing

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Thursday, October 31, 2024

Colorado Driver License Guide and Resources

At the McDowell Law Firm, we handle all types of traffic defense matters in Colorado. We defend against Careless Driving, Reckless Driving, DUI/DWAI, Vehicular Assault, Driving Under Restraint/Suspension (DUR/DUS), and all other types of traffic violations.

We get DMV and driver license questions all the time, so I thought I’d put together a helpful guide on some common DMV questions we get.

The big questions I usually get are:

  • How do I check the status of my license?
  • How do I reinstate my license?
  • How many points do I have on my license?
  • What do I need to do to reinstate my license?
  • How do I find the DMV closest to me?

How do I check on the Status of my Driver License?

There are a few ways to do this. First, you can always call the DMV at 303-205-5600.
Of course, you’ll be on hold for a while, but at least you’ll get to speak to a person (eventually).

You can also go online and request a full driving record. https://mydmv.colorado.gov/_/

  1. Go to Driver/ID services
  2. Click on: Request a Driving record
  3. Fill out the required info
    • Colorado Customer Identifier / DL#
    • Last Name
    • Date of Birth
    • Toggle Date Picker
    • Issuance Date of Your Most Recent License/ID
    • Toggle Date Picker
    • Last Four Digits of SSN or ITIN

Pulling your Colorado Driver History can be a good idea if you want to:

Driver License vs Driver’s License

What is the right way to say it? I think colloquially, both are common. It may be a regional use issue depending on your home state.

The Colorado DMV uses “Driver License”. This isn’t a grammar blog, but I was curious myself.

Colorado DMV Locations

The various Colorado DMV offices provide different services. The main office for Colorado is: 1881 Pierce St. Lakewood, Colorado, 80214.

Division of Motor Vehicles

1881 Pierce St.
Lakewood, Colorado 80214

See DMV Locations List here (opens in new window)

Hours of Operation:

Monday – Friday 8 a.m. – 5 p.m.
Phone: (303) 205-5600

Note: It’s not far from Casa Bonita, if you can get reservations, and want to make a day of it.

To find the closest DMV with Driver Services:
Colorado DMV Drivers License DMV Offices

Colorado Springs (El Paso County) DMV locations:

Colorado Springs State Driver License Office

2447 N. Union Blvd. Colorado Springs, CO 80909
Hours: 8 a.m. – 5 p.m, Mon. – Fri.
Phone Number: 303-205-5600

Services Provided:

  • Renew: Driver License, Permit, Identification Card
  • Issue New: Driver License, Permit, Identification Card
  • Motor Vehicle Records
  • Written Test: Regular Vehicle, Commercial Driver License, Motorcycle
  • Reinstatement

Colorado Springs-Garden of the Gods (El Paso County)

1675 W. Garden of the Gods Road Colorado Springs, CO 80907
Hours: 8 a.m. – 5 p.m., Mon-Fri
Phone Number: 719-520-6240

Services Provided:

  • Renew: Driver License, Permit, Identification Card
  • Out-of-State Transfers
  • Motor Vehicle Records
  • Motorcycle Safety Foundation (MSF) Endorsements

Citizens Service Center

1675 West Garden of the Gods Road Colorado Springs CO 80907
Website :- Elpasoco
Phone: 719-520-6240
Office Hours: 8:00-5:00, Mon-Fri

Fort Carson

6351 Wetzel Avenue Building 1525 Highway 115 and Gate 1 Fort Carson, CO
Website:- Elpasoco
Phone: 719-520-6240
Office Hours: 8:00-5:00, Mon-Fri

Powers Branch

5650 Industrial Place Colorado Springs CO 80916
Website:- Elpasoco
Phone: 719-520-6240
Office Hours: 8:00-5:00, Mon-Fri

Union Town Center

8830 N Union Blvd Colorado Springs CO 80920
Website:- Elpasoco
Phone: 719-520-6240
Office Hours: 8:00-5:00, Mon-Fri and 8:00-1:00, Sat

All DMV locations in Colorado can be found at this website: Find Colorado DMV locations
Colorado DMV locations are listed by region and County on this site. It’s a great resource. Some DMV offices are super busy. I have had clients drive to La Junta or Canon City to avoid the long waits in Colorado Springs.

Recently I went to register a car with my son at the Union Town Center office, and it took less than 10 minutes total. It wasn’t bad at all. That’s why it is often a good idea to check DMV wait times.

How to check wait times at the DMV?

El Paso County DMV wait times

How do I reinstate my license?

The answer depends on why you were suspended or revoked. For revocations from DUI or Express Consent revocations, you should check if you’re eligible for early reinstatement.

Keep in mind if you were revoked for a Drunk Driving offense, you may be eligible for early reinstatement with an interlock device.

Driver Services: 303-205-5613

Can I upload documents online to start my reinstatement process?

Yes, and it will make your life much easier. Upload driver license reinstatement documents
Go to “upload reinstement documents”, natch, and follow the prompts.
You may need:

  • SR-22
  • Reinstatement application
  • Proof of enrollment in Alcohol classes
  • Certification
  • Proof of Interlock installation (notarized)

How do I make an appointment at the DMV?

Here’s a link to the Colorado DMV appointment scheduler
It will allow you to choose the County and location and show you times that are available.

You can also call 720-295-2965, if you need help over the phone scheduling an appointment.

What DMV services are available online?

Below are some of the services available online and links to get started. If you can do it online, definitely give it a try. You can save a lot of time and aggravation by going to the DMV website. The new site is actually pretty easy to use. I won’t bore you with stories of how bad the old system was, but I’m glad the Colorado DMV is modernizing

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Colorado Statute of Limitations for Criminal Acts

Colorado statutes of limitations dictate the timeframes in which legal action must be taken for various criminal charges. These timeframes a...