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Questions Answered by Sean Maye
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If the petitioner passed away, is the court order still valid?
Sean Maye
Sean Maye answered on Jan 8, 2021

Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Im looking for a or away to get hubby a bond loophole even my husband got arrested on Dec 26th for a 3 degree assault

Domestic violence and restraining order violation it's a low class misdemeanor well his health is bad I mean really bad he's he has stage 5 renal failure which is kidney failure he's on dialysis so he's not even a Flight Risk because if he doesn't take his dialysis he will... Read more »

Sean Maye
Sean Maye answered on Jan 4, 2021

He likely already has a bond because they cannot confine him indefinitely without a bond. There are ways of verify what the value of his bond is. You will need to consult with a lawyer on this. Being that he has a bond, to get him out on that bond, someone will need to pay it or otherwise... Read more »

2 Answers | Asked in Domestic Violence for Colorado on
Q: I have an open domestic violence case. My wife took the kids and left the state.... Does she have to show up in person?

I was thinking because of covid could they web ex her?

Sean Maye
Sean Maye answered on Jan 4, 2021

If Court is proceeding over Webex, the victim does not need to be present but can if they choose to. That is a different story if/when the case proceeds to trial.

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1 Answer | Asked in Car Accidents and DUI / DWI for Colorado on
Q: Do I need a lawyer for first time DUI and Leaving the scene of accident?

I tied to qualify for public defender however, my pay would not allow it. I had my first appearance on the 29th. All the judge did was ask if I had an attorney, and since I did not he rescheduled my date to March. Why did it get rescheduled? Is he implying that I should get a lawyer?

Sean Maye
Sean Maye answered on Jan 4, 2021

You absolutely need a lawyer. DUIs, let alone those involving injury/accident, are very complicated. Call an attorney like myself for a free consultation at least.

As for your court dates, yes the Court is implying you need lawyer. Typically, if you don't have a lawyer when in Court...
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2 Answers | Asked in Criminal Law, Constitutional Law and International Law for Colorado on
Q: Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally?

Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the... Read more »

Sean Maye
Sean Maye answered on Jan 4, 2021

Generally speaking, speedy trial protections are not triggered until after someone has been arrested. So, in short, it does not likely apply to you.

Now for a more detailed response: If the warrant for your arrest was issued in CO as your post suggests, it depends on whether it is a state...
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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I purchased Mimosa Hostilis root bark and it was seized by the US Department of Homeland Security under 19CFR145.59

My Q's are as follows: Should I expect legal trouble (and start hiring a lawyer) as it is my understanding this is NOT and illegal substance. Is this grounds for a Judges to issue a warrant for the search of my home?

Sean Maye
Sean Maye answered on Dec 28, 2020

If USDHS seized the substances because the substances are, as the cited statute states one of for which "importation is prohibited, or import of which in any manner is contrary to law," then you can very likely "expect legal trouble." Evidence of this type of crime also... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I posted a large cash bail for my then girl friend. How can i get out of it and get my money back

She hasn't really adhere to any of the agreements she and i had and they are pretty basic, in fact i am pretty sure they are things she is required to do as well. She has become very hostile and mean towards me and has even had a reputable prison gang member threaten me. I just want to get my... Read more »

Sean Maye
Sean Maye answered on Dec 28, 2020

Generally speaking, you can contact the Court and explain your concerns to them directily. If the defendant is a flight risk, if you have credible information suggesting that they are not likely to return to courtm or if you have any other reasonable belief that they are not complying with their... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I had Mimosa Hostilis bark seized by the USDHS. Can I face legal repercussions and is this grounds for a search warrent?
Sean Maye
Sean Maye answered on Dec 28, 2020

While I am not familiar with this particular substance, the fact that it was confiscated by USDHS certainly means you "can face legal repercussions." If the possession/amounts possessed are criminal and this is verified, a law enforcement agency could certainly claim there is probable... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: I commited a non violent felony in Iowa twenty years ago. Who do I petition to get back gun rights, Iowa or Colorado?

Is there a stautue/website that spells out what I might be prohibited from?

Sean Maye
Sean Maye answered on Dec 17, 2020

Because the case originated out of Iowa, any litigation on this issue will most likely need to occur in Iowa. Whether you will be successful in making this request depends on complex legal analyses and your personal circumstances. Consult with an IA attorney.

1 Answer | Asked in Criminal Law for Colorado on
Q: Is it true that a DF1 will not be sentenced to the mand. 8-yr min because only violent offenders go to jail due 2 covid?

My previous question re: this case was not clear. 11-count drug task force indictment. My arrest stemmed from controlled buy of 221g meth back in June. At the time of arrest (a few days ago) I had nothing on me but cash, no weapons, all search warrants came up essentially empty, except for friends... Read more »

Sean Maye
Sean Maye answered on Dec 16, 2020

Unfortunately, this new information does not change the answer. A lot depends on criminal history and overall facts of the case. The only way to know for sure if a DF2 drop down with no jail is possible, an attorney would need to speak with you directly, review the indictment and discovery and... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Colorado on
Q: How can I find out if charges were filed and who it was?

The ID was released from evidence to me, and the letter has a case number but not one I recognize as usually they'd have the year and the classification (cr, m. T etcc) and this doesn't and the letter also has a cfs number no citation number and I've looked it up and havent found anything.

Sean Maye
Sean Maye answered on Dec 15, 2020

An attorney can help look that up for you by name, date of birth and other case information.

1 Answer | Asked in Criminal Law for Colorado on
Q: 11-person indictment. 221g meth buy June 23rd. Charged w/ df1-mand min 8-32 yrs. Is plea to df2 possible in Colorado?
Sean Maye
Sean Maye answered on Dec 15, 2020

A plea down to a DF2 from a DF1 on a grand jury indictment is certainly "possible" but it depends on how many co-defendants were involved, what your involvement was by comparison, the overall facts of the case, as well as the nature of any and all weapons involved and your criminal... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: My husband was arrested on two warrants. The detective in charge if the case was there while they searched our car. He

He told me that he had a warrant for my husband's cell phone which I was holding. I thought he was being truthful so I gave it to him. He was lying. He did not have anything but an arrest warrant and that did not specify collecting the cell phone. Now a year later he finally did get a warrant... Read more »

Sean Maye
Sean Maye answered on Dec 15, 2020

First and foremost, I am so sorry you experienced this.

Now, if what you have written here is in fact true - I.E. that your husband's cellphone was taken under false pretenses - then yes, there would likely be a valid argument that the evidence is not admissible. The government will...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Would not obtaining finger prints at the time of arrest he concluded as technicality?
Sean Maye
Sean Maye answered on Dec 14, 2020

I am not sure what you mean by your question. But, if by "technicality" you mean dismissal or all charges, then the answer is no.

1 Answer | Asked in Criminal Law and Identity Theft for Colorado on
Q: If someone stole my ID and got arrested with it dont the authorities have to notify me ?

The cops sent a letter I had evidence being released it turns out it was an expired temp DL already stamped with a hole that I hadn't even known someone stole from my house or when or who. Dont the authorities have to notify me and furthermore let me in on who had it?

Sean Maye
Sean Maye answered on Dec 14, 2020

If criminal charges were filed against the person who stole your ID, then the Victim Rights Act of CO would theoretically require that a DA or law enforcement consult you before any personal orders or dispositions on that case are entered. I don't know that this applies to your scenario, but... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Colorado on
Q: CPS is lying and won't give our kids back. The judge is going along with it. They have missed appointments.

They have caused us to miss visits by scheduling then on holidays and during a dental appointment we wasn't allowed to attend as promised. I need help proving this and someone that will stand up for we are being violated our children's rights are being violated

Sean Maye
Sean Maye answered on Dec 11, 2020

The general statement of things that you have provided here certainly seems unfair and should consult with a lawyer so that they can learn more details about your situation and advise you on your best options/defenses. There is not information in this post to adequately respond to your concerns... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: What can happen if you give out a prescribed benzo for no payment? 4.5 mg

My neighbor convinced me to let him have 4.5 mg of my prescribed Xanax, claiming he had seizures and lost his prescription bottle with his Klonopin that he needed for seizures. He recieved 2 DUIs that day and had the medication I gave him, but said he refused to tell the police where he got it.... Read more »

Sean Maye
Sean Maye answered on Dec 8, 2020

I think it be extremely difficult to hold you criminally liable for giving him the pill, given that you had no intent to commit any law violation and were merely assisting a friend with pain management based on their personal representations to you. That said, you certainly could be civilly liable... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: If I report a gun stolen and know who has it and it wasn’t obtained by burglary what are consequences they face
Sean Maye
Sean Maye answered on Dec 3, 2020

The person could surely face criminal charges for the illegal possession of a stolen weapon. This is even more complicated if the person in possession of the stolen has a prior felony conviction because they could also be charged with POWPO (possession of weapon by prior offender). And, worse... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: I was arrested for domestic violence. If the court finds out I was actually the victim can my husband go to jail?

My daughter called 911 because my husband and I were fighting and when she came into the room I was unconscious on the floor. He said I hit him but there are no marks on him and I do not remember hitting him. I have a lot of bruising that I have taken pictures of. The officers said they had to... Read more »

Sean Maye
Sean Maye answered on Dec 2, 2020

First off, I am so sorry you are experiencing this.

As for your question, you can certainly report that your husband was the initial aggressor and you are the victim. But the fact that you already admitted to being the aggressor will likely be considered against you and the police/DA may...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Are police officers required to report monetary gain for a reporting victim?

My ex has falsely reported me for DV several times. After I was charged and some cases convicted she filed for Spousal Transitional Compensation through the military. This is a payout of over $100,000 over a three year period and free healthcare.

Sean Maye
Sean Maye answered on Dec 2, 2020

The police are not obligated to report this necessarily, but the DA's have a good-faith obligation to consider all inculpatory and exculpatory evidence in a criminal case - so they would be obligated to "consider" what you've presented here. In my experience, this won't... Read more »

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