Questions Answered by Courtney Edwards

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...

Q: Can I take away my ex's rights and have my husband adopt my daughter

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Jan 17, 2019
Courtney Edwards' answer
Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully...

Q: Do I need a lawyer to dismiss a disorderly conduct and trespassing charge, both in municipal court, charged by the state

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 16, 2019
Courtney Edwards' answer
At your first court appearance, you could show up and explain the circumstances to the prosecutor. However, that can be risky as you may give the prosecutor too much information. Also, the prosecutor will not take it well if you have somehow succeeded in getting the police officer not to show up- you shouldn't mention this to the prosecutor. If the prosecutor is unwilling to dismiss the case, you would next have to plead not guilty and set your case for trial. If the police officer and...

Q: What is the punshment for mistaminer theft in colorado if the property is under $500 and it's your frist offince ever

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
The answer to your question will depend on where you have been cited into court. If you are in municipal court, it will depend on the municipal code for that municipality.

Under state statute, theft of property valued $300.00 - $749.99 is a class 2 misdemeanor. The possible punishment for that crime is a fine $250.00 - $1,000.00 and/or 3 - 12 months in jail.

You should consult with an attorney about your rights and the evidence against you, and have an attorney bargain with...

Q: Is there a statute covering false reporting of DV/protection order.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.

Second, are more toward your question, when someone files a protection order, they have to sign the complaint "under the penalty of perjury." This means that if there are statements that are materially false, your wife could be subject to a prosecution for perjury. There...

Q: What kind of time would one be looking at being charged with receiving stolen property in South Dakota?

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
You should change the geographical location for this question so that a South Dakota lawyer sees it. Right now, it is popping up in the Colorado section.

Q: So there was more than just a weapon in the vehicle drugs but all that i was being accused of was the weapon is that it?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
The District Attorney should have provided you with a "Complaint and Information" listing all of the charges against you. If the only charge is the POWPO charge, then that is likely all you have been charged with. However, the DA can at any time before trial, amend the Complaint and Information to add more charges if the DA has a good faith basis to go forward on those charges (meaning, the DA needs evidence against you to add charges).

Q: A friend on parole staying at my house was arrested by his parole officer after finding meth on the table.

2 Answers | Asked in Criminal Law for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
No, you should not go to the police station and tell them it was yours as well. You will be arrested for a felony drug charge and it won't help your friend. He's going to be in trouble for the parole violation anyway and confessing won't help him, it will only hurt you.

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