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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: My husband served 10 yrs bop on a 10 yr sent fir possession of firearm & ammo by a felon and was on supervised release.

He violated his supervised release for hot uas then was arrested and let out to g ok to half way house. He left there without completing and got a state charge for possession of cont subst which he served a separate 1 yr sentence in doc. He now has to go before fed judge again. Will he be released... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations like your husband's, the outcome can vary widely depending on several factors. When someone on federal supervised release violates the terms of their release, the federal judge has a range of options. These can include extending the period of supervised release, imposing... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, if a landlord sends an addendum to a lease via email and it's confirmed/ approved, is that legally binding?

A landlord sent me an email with an addendum to my lease (requiring 60 days notice). I confirmed it in my email response, but there wasn't anything else signed. Is that still legally binding?

James L. Arrasmith
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answered on Mar 26, 2024

In Colorado, electronic communications, such as emails, can form part of a legally binding contract, including lease agreements and addenda, provided they meet certain criteria. The key elements are the intention to form a contract, agreement on the terms, and exchange of consideration (something... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

1 Answer | Asked in Consumer Law for Colorado on
Q: Seller of vehicle did not tell me the reason the car has a salvaged title, can I get my money back
James L. Arrasmith
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answered on Mar 22, 2024

If the seller of a vehicle did not disclose that it has a salvaged title, you may have grounds to seek a refund. This typically involves proving that the seller knowingly withheld information that could affect the vehicle's value or safety. The success of getting your money back often depends... View More

1 Answer | Asked in Social Security for Colorado on
Q: I got a reimbursement check for ssi, does it all have to go back to the private disability company?

I recently got approved for disability through social security and received a large sum check for the back pay of the 3 years that my case took. During that time I was being paid through private disability from my previous job. I want to know if all the money has to go back to them or if I am able... View More

James L. Arrasmith
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answered on Mar 20, 2024

If you received a lump sum from Social Security Disability Insurance (SSDI) and you were also receiving benefits from a private disability insurance policy, the terms of your private policy will dictate how much, if any, of your SSDI back pay you are required to reimburse. Typically, private... View More

1 Answer | Asked in Employment Law and Tax Law for Colorado on
Q: If my ex boss want give me my W2 or pay studs what should I do
James L. Arrasmith
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answered on Mar 18, 2024

If your ex-boss refuses to provide your W-2 or pay stubs, you should first try contacting them directly to request these documents. Explain the importance of receiving these items for your financial records and tax filing obligations. It's possible they may have overlooked your request or... View More

1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
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answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

1 Answer | Asked in Health Care Law for Colorado on
Q: I have suffered from back pain for many years, including being rushed to a hospital a couple of times for it, and it has

been ignored. I finally persisted with my primary doctor this year and she had an MRI done and it showed that I have DDD and bulging discs. Had previous hospitals gone through the steps to find out why I was in so much pain, I could've avoided the extent of the damage that has occurred by now.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Colorado attorney could answer best, but your question remains open for two weeks. The most reliable way to answer your question would be to try to set up a free initial consult with Colorado law firms. Things could depend on your age, medical history, occupational history, how any disability you... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Sean Goodwin
Sean Goodwin
answered on Mar 20, 2024

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
James L. Arrasmith
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answered on Mar 20, 2024

If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

James L. Arrasmith
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answered on Mar 30, 2024

Understanding the specifics of your lease agreement is crucial in this situation. If the lease only mentions a representative from a previous leasing agency, it may seem confusing when a new leasing agent or your landlord wants to conduct an inspection. Typically, lease agreements include clauses... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I was sentenced 48 months bop with a 36 month turnoff supervised release on a 941c. Possession of a firearm by a

Prohibited person. My guidelines were 36-42 months. So I got a upper variance. I sever 45 of the 48 months before going to ha halfway house on supervised release. I violated 20 days later and went back for another 3 months. I then was released and violated a 2nd time after 4 1/2 months. I then did... View More

James L. Arrasmith
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answered on Mar 13, 2024

In the situation you described, if you violate your supervised release conditions again, even without new charges, you can face additional consequences, including more prison time and/or an extension of your supervised release term.

When you violate supervised release, the court has the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for Colorado on
Q: What would a defendant do in the case of property seized when there was already a lien on it and violation of due proces

In home rule municipal court the defendant was not given a jury trial and had a plea entered without consent. In the Colorado state constitution it specifically states that only judges appointed by the governors signature can preside over jury trials and enter a plea with consent from the... View More

James L. Arrasmith
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answered on Mar 13, 2024

In the scenario you described, there appear to be several potential issues and violations of due process:

1. Lack of a jury trial: If the defendant was entitled to a jury trial under Colorado law but was denied one, this could be a violation of their constitutional rights.

2. Plea...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What rights do I have if my dad left no will, had no bills and my sister the oldest took charge of his estates ?

My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More

Michael Joseph Larranaga
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answered on Mar 8, 2024

This is a complicated one.

If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled...
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1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can the IRS collect LLC penalty and interest only, from it's individual members?

I filed a tax return late but did not owe any LLC taxes (in 2014, but I just found out about the charges about a month ago).

The IRS hit the LLC with $2298.46 in penalties and interest, not for owing any taxes.

The LLC was dissolved about 9 years ago, I believe. My question is, can... View More

James L. Arrasmith
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answered on Mar 8, 2024

When it comes to LLCs, the IRS typically views the entity as separate from its members, meaning the company itself is responsible for its taxes, penalties, and interest. However, the way an LLC is structured can influence how the IRS pursues outstanding liabilities. For an LLC treated as a... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: DA know they decided to charge my husband or not but he still sitting in there for $10,000 cash bond can I get surety

So Bryson’s been incarcerated since February 29 and we are waiting on a $10,000 cash bond to the jail. He’s been in a reluctant on getting phone calls every we’ve been getting any information on what’s going on the DA hasn’t decided whether they want to charge him or not, is there anyway... View More

James L. Arrasmith
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answered on Mar 8, 2024

Navigating the complexities of the legal system, especially in a situation involving bail and potential charges, can be incredibly challenging and stressful. In Colorado, as in many other states, the decision to grant bail and the type of bail set are typically at the discretion of the court. If... View More

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