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Questions Answered by Courtney Edwards
1 Answer | Asked in DUI / DWI for Colorado on
Q: Can you be charged with a dui for walking intoxicated
Courtney Edwards
Courtney Edwards answered on May 6, 2020

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... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: son incarcerated fines waived because he is indigent others denied why and is there anything else he can do ?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

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.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Colorado on
Q: Is blasting an air horn outside of an elderly handicapped persons dwelling on a daily basis considered assault?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

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... Read more »

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

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.... Read more »

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I filed for a legal separation now my wife wants a dissolution of marriage, can she force a dissolution of marriage?
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

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

1 Answer | Asked in Criminal Law and Probate for Colorado on
Q: I have been on probation for 3 months can i ask to do jail time and be done with probation
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

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... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get out of a warrant?

I was issued warrant for FTA while in hospital.I have letter from Dr.stating when I was admitted & discharged

Courtney Edwards
Courtney Edwards answered on Oct 3, 2019

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... Read more »

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2 Answers | Asked in Child Support for Colorado on
Q: My daughter's 30 gets a settlement from Dad passing away could I get compensation for back child support

He had paid child support off and on for a while owed arears

Courtney Edwards
Courtney Edwards answered on Aug 13, 2019

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

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

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,... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My charge is injury by property in Aurora. I chose a trial by jury. What should I do to prepare?

I am a school teacher, no prior problems with my new husband. i replaced his phone I broke. I was offered yr probation & classes. That's extreme so I chose trial by jury but very nervous. I'm an asset to society not a liability, what are my chances for only community service and fine?

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

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,... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have full custody of my three nephews, I just found out that my sister in law the opposing party has my three nephews

Out of state in Texas and did not inform us. Can she do that

Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

It depends on what the last court order states.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

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.

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1 Answer | Asked in Criminal Law for Colorado on
Q: I am currently on probation i just got a ticket for driving without a license in denver what will happen
Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I need to know what motions to file to Quash a warrant in Adams county co
Courtney Edwards
Courtney Edwards answered on Apr 10, 2019

You would file a "Motion to Quash Warrant."

1 Answer | Asked in DUI / DWI for Colorado on
Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06

Courtney Edwards
Courtney Edwards answered on Apr 8, 2019

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...
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2 Answers | Asked in DUI / DWI for Colorado on
Q: Am I assigned a public defender when arrested?

I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 8, 2019

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.

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2 Answers | Asked in Divorce for Colorado on
Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 3, 2019

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...
Read more »

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1 Answer | Asked in Child Custody for Colorado on
Q: My child is 16 and wants to live with me, with the noncustodial parent, but we want to move out of state.

The other parent has primary custody but we technically split 50/50 with a week on/week off schedule but my 16 year old wants to live with me full time and we would like to move out of state but I don’t know which papers that I would need and if they would have a choice even if the other parent... Read more »

Courtney Edwards
Courtney Edwards answered on Mar 11, 2019

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.

1 Answer | Asked in Child Custody for Colorado on
Q: Where do I file papers for legal guardianship in Colorado?

My niece and I signed a notarized paper, giving me sole guardianship of her son. What do I do next, legally?

Courtney Edwards
Courtney Edwards answered on Mar 4, 2019

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...
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