DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you... View More

Some fines are mandatory and cannot be waived, even if indigent. Best thing he can do is get on some sort of payment plan with the court.

Potentially. Criminal assault occurs when a person knowingly or recklessly causes bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical or mental condition. More likely though, this is a noise violation - either Disorderly Conduct... View More

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... View More

Yes. If she objects to a decree of legal separation, the judge will issue a decree of dissolution of marriage.

It depends. In some circumstances probation is mandatory to ensure you comply with a treatment program, for example in domestic violence and DUI/DWAI cases. Be careful what you wish for though- I've seen this request made before and the judge put the person in jail for the maximum sentence... View More

Theoretically, yes. You would have to submit a motion asking the judge to "quash" the warrant and to reset a court date. You'd want to submit the letter and admittance/discharge paperwork as proof. However, if you have FTA'd before, or if this is a very serious crime, the judge... View More

You can file a claim against the estate. You'll need to send your claim to the personal representative.

It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time,... View More

If the judge finds that the breaking of the phone was an act of domestic violence, the classes and probation are mandatory. So, I'd say your chances of community service and fine only aren't great. I would suggest that you meet with an attorney, if you aren't already represented,... View More

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... View More

It depends on what the last court order states.

Your local Child Support Services office may be able to help you with collection and a modification of the amount. I would try giving them a call since you are unemployed due to health issues.

It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court... View More

You would file a "Motion to Quash Warrant."

If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.

However, you should... View More

Your income would need to fall below a certain threshold to be assigned a public defender. You'll need to fill out an application and submit it to the court. You will also need to submit income documentation to the public defender's office.

Signing a waiver will alleviate the need to have you served by a Sheriff. They could have had you file jointly but sounds like this isn't the route that was taken.

Regarding your financials- the both of you will have to fill out and file a Sworn Financial Statement. That is what they... View More

You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.

Start here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=103

You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of... View More