Questions Answered by Courtney Edwards

Q: I need to know what motions to file to Quash a warrant in Adams county co

1 Answer | Asked in Criminal Law for Colorado on
Answered on Apr 10, 2019
Courtney Edwards' answer
You would file a "Motion to Quash Warrant."

Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Courtney Edwards' answer
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 ask for a deferred judgment or some other type of plea because if you plead guilty to DWAI with a .06, it still counts as a "first offense" if you were to get a second one.

Q: Am I assigned a public defender when arrested?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Courtney Edwards' answer
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.

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

2 Answers | Asked in Divorce for Colorado on
Answered on Apr 3, 2019
Courtney Edwards' answer
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 are asking for. JDF 1111 is the form that you'll need to fill out - you can find it on the Colorado Judicial website. Additionally, you'll need to provide statements to back up the numbers you put on...

Q: My child is 16 and wants to live with me, with the noncustodial parent, but we want to move out of state.

1 Answer | Asked in Child Custody for Colorado on
Answered on Mar 11, 2019
Courtney Edwards' answer
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.

Q: Where do I file papers for legal guardianship in Colorado?

1 Answer | Asked in Child Custody for Colorado on
Answered on Mar 4, 2019
Courtney Edwards' answer
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 paper. The link above has all the steps and forms you'll need to fill out.

Q: I have been summoned to court for a theft ticket in Colorado. Can they use my prior felony theft convictions against me

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 4, 2019
Courtney Edwards' answer
Yes and no. The prosecution can use your felony theft conviction at trial to discredit your statements to police or your testimony if you choose to testify. They can also use your prior convictions as aggravating factors when it comes to sentencing to support a harsher sentence. If the current theft charge you are accused of is similar in method or scheme, they could use your prior theft cases to prove it was you who committed theft again this time. The prosecution is not allowed, however,...

Q: if you are issued a a 12-35.5-155 citation what penalty does this carry

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 28, 2019
Courtney Edwards' answer
I think you have an incorrect statute number. Article 35.5 of Title 12 only goes up to Section 120.

If you meant a violation of 12-35.5-115, a first offense is a Class 2 misdemeanor which can include a fine of $250 - $1000, and/or a jail sentence of 3 months - 12 months. A second or subsequent offense is a Class 1 misdemeanor which can include a fine of $500 - $5000 and/or a jail sentence of 6 months to 18 months.

Q: Can a judge make the decision to set my case for trial

1 Answer | Asked in Criminal Law and Construction Law for Colorado on
Answered on Feb 20, 2019
Courtney Edwards' answer
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.

Q: Does it make a difference if the summons of the felony has listed next to the violation that the 18-4-502 was an attempt

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 18, 2019
Courtney Edwards' answer
Any felony charge is extremely serious as it will affect you for the rest of your life. You should absolutely consult with an attorney and if you cannot afford one, apply for the public defender.

Q: Will my ex have to count his income “assistance” on our financial worksheet?

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 18, 2019
Courtney Edwards' answer
I agree with the other two answers but have this to supplement:

1. You are supposed to claim monetary "gifts" as income on the sworn financial and child support worksheet. You could argue that the money from his mother is a gift. But, as mentioned by the other attorneys, there is a proof problem here if you cannot prove how much money she is gifting him.

2. If he is not employed or under employed, you can impute income to him. This means that you look at his education...

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 13, 2019
Courtney Edwards' answer
There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.

Q: I divorced my ex husband 2 years ago. I let him keep his 401k. Now I want some of of it.. can I get it

1 Answer | Asked in Divorce for Colorado on
Answered on Feb 11, 2019
Courtney Edwards' answer
If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on Feb 7, 2019
Courtney Edwards' answer
It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court. But I would recommend that anything you do be in writing and signed by the both of you, preferably notarized as well.

Q: I am 55 and have ms. My ex daughter in law is sending me nasty messages. I was wondering if I could get her for

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 5, 2019
Courtney Edwards' answer
You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.

Q: My ex set me up causing a violation of restraining order against me and also planted drugs in my possession all due to

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 28, 2019
Courtney Edwards' answer
You should really speak to an attorney about how best to address this at your hearing.

Q: When a police officer sends a summons to appear in court for assault, are the district attorney and court notified?

2 Answers | Asked in Criminal Law for Colorado on
Answered on Jan 28, 2019
Courtney Edwards' answer
The law enforcement agency also provides a copy of the summons to the court and to the district attorney. The court places the case on the docket for the court date on the summons and the district attorney compiles the police reports for the prosecutor to review.

Q: Can I sue a news station for publishing the name of a family member that caused his life to be I danger?

1 Answer | Asked in Libel & Slander and Criminal Law for Colorado on
Answered on Jan 24, 2019
Courtney Edwards' answer
Unless what the new station published was false and they knew it was false or were completely reckless with regard to the truthfulness of the report, no, you cannot sue. That is public information and the press is protected by the First Amendment.

Q: How do the status of limitations work? This is concerning a theft charge. No charges were ever filed.

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 23, 2019
Courtney Edwards' answer
If you failed to appear for the first court date, the statute of limitation does not apply to you. The statute of limitations only applies if a crime is known, or reasonably should be known, and the police/prosecution does nothing about it for the period of time in which that crime falls (the statute of limitations is different based on different crimes). Here, because the prosecution initiated a case and you were the cause for the delay (failing to appear), you are not eligible for the...

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