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Questions Answered by Sean Maye
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... View 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.... View 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... View 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... View 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... View 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...
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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... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Cannabis & Marijuana Law for Colorado on
Q: Recently found evidence

If someone was wrongly convicted and found evidence to prove their innocence how do you bring such evidence to the attention of the court ? This evidence was provided to the public and to the court who refused to address it ? Its concerning mmj red card plant counts .

Thank you

Sean Maye
Sean Maye
answered on Dec 1, 2020

You would need to file an appeal under Rule 35(c). If you are incarcerated, you should request an attorney to assist you with this. If not, you should consult with a private attorney because these petitions are very complicated and you will need detailed legal guidance.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: Are courts being more lenient on jail sentences with Covid? Hoping to get house arrest instead of jail time?
Sean Maye
Sean Maye
answered on Nov 30, 2020

It depends on the facts of the case, your criminal history and the DA's and victims' positions on jail time. Generally, in the beginning of the pandemic, courts were leaning away from jail sentences and were letting a lot of people out of jail on already-imposed sentences. Now, though,... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I have an active warrant Failure to Comply in Colorado. I left the state over 20 years ago and never looked back.

Is there any loophole to have the warrant removed without returning to the state?

Sean Maye
Sean Maye
answered on Nov 30, 2020

You could certainly always hire a lawyer in CO to attempt to clear the warrant on your behalf without your presence. This is something you should consider now, specifically, as most Courts throughout CO are their proceedings virtually. So, you can appear without having to be physically present.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Cops entered private property no warrant search, cuff then place me under arrest. That a violation of 4th Amendment

Illegal search and seizure no warrant private property, did they violate my 4th amendment?

Sean Maye
Sean Maye
answered on Nov 30, 2020

The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Whats the bail bonds rule if individual post Bond on one day & less than 24 hrs is returned2custody bond b rewritten
Sean Maye
Sean Maye
answered on Nov 30, 2020

The question is a bit vague and depends on what the stated reason is for why the person was returned to custody. It could be related to some other non-bond related allegation of noncompliance with PTS or probation. It could be for failure to appear in Court on their bonded case or another open... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: He already seen me and i didnt have one he didn't say nothing about getting one it was an apperance for fta for dv class

From almost 2yrs ago the warrant fir fta for enrollment for dv classes he told me i must appear in person on the 14th with proof of Enrollment or a no bond warrant will be issued and he'll decide when i will come to court. Didnt ask my situation i didnt have a lawyer to help me i cant afford... View More

Sean Maye
Sean Maye
answered on Nov 30, 2020

It is unclear whether the "he" you are referring to is the judge or your probation officer. Either way, if a warrant is currently active for probation noncompliance (whether or not a judge or PO issued the warrant), you are going to need to contact a lawyer to help you clear the warrant... View More

2 Answers | Asked in Criminal Law for Colorado on
Q: Is a stay of execution a good thing to ask when you're under revocation for a technicality
Sean Maye
Sean Maye
answered on Nov 30, 2020

Generally speaking, a "stay of execution" occurs when a judge issues an order that a person be required to do something specific (usually on or before a certain date), but that they will not issue a sanction for noncompliance with that order until a future date. Often times, this means... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I am wanting to hire an appalate lawyer for my brother who is serving a72 yr sentence for no good reason. I need help?

His charge was escape for not compling with his sentence. And for being a habitual drug offender (non violent). At time of his arrest he didnt have drugs on him just money and bags for his antique stamp collection. And was shown to the court he collected. The money was even eventually returned to... View More

Sean Maye
Sean Maye
answered on Nov 30, 2020

There are many attorneys, like myself and others, who do criminal appeals under Rule 35(c). It has been 15 years since the trial, so there are a lot of claims that may be time-barred, which may mean that an appeal may only be successful if there is "new evidence" that has been... View More

1 Answer | Asked in Criminal Law and Identity Theft for Colorado on
Q: I'm curious on how much jail time I could be facing as a first offender on a truancy,identity theft charge,tresspassing

And a child abuse charge with no bodily injury

Sean Maye
Sean Maye
answered on Nov 30, 2020

Pursuant to CO statute 13-5-145, there is a general understanding that "imposing a sentence of detention on a juvenile who violates a court order to attend school does not improve the likelihood that the juvenile will attend school and does not address the underlying causes of the... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... View More

Sean Maye
Sean Maye
answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
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1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Wondering about colorado's stance on "antique firearms" and if an adult under 21 can purchase an "antique" revolver.

Wondering if its legal to obtain, and carry, at 18 or under 21 considering, antique firearms are not recognized as actual firearms on the federal level. Want to make sure this is the case in CO as well as I can't find any laws excluding or including such firearms in colorado law.

Sean Maye
Sean Maye
answered on Nov 30, 2020

The answer to your question is: it depends. It depends on what "antique" gun means. Someone would need more information as to the style and structure of the gun to see if it meets the legal definition requirements for a "handgun." In Colorado, any person under age 18 may not... View More

3 Answers | Asked in Criminal Law for Colorado on
Q: Do i need a lawyer everytime iam in front of the judge
Sean Maye
Sean Maye
answered on Nov 30, 2020

Given that you are posting this with a "criminal law" tag, the answer is yes. You are entitled to an attorney when facing jail time on criminal charges - either appointed or retained privately. You can certainly appear "pro se" (i.e. on your own behalf) but it's frowned... View More

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1 Answer | Asked in Traffic Tickets for Colorado on
Q: Pulled over for speeding and realized after the officer wrote the wrong violation date, is it realistic to fight this?

I sent a text to my coworkers that I had been pulled over and would be late so I have date and time proof, and I made a quick video of it once I realized what happened but nothing more concrete then that. I also have no way of proving I was sitting at home the whole day on the date he actually... View More

Sean Maye
Sean Maye
answered on Nov 25, 2020

Sometimes a ticket or other type of charging document says "on or about" when referring to the date. That means that, if the date is wrong but only off by a day or so, then it's a harmless error. If it's a pretty far off date, then you have a strong argument for defending... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: On a ticket it states that I live in some place in Fredrick, CO. I have never lived there,ever! Is this a void ticket?

The ticket was for expired plates. The address it says I live at is in Fredrick, CO. Not only have I never lived in Fredrick, but I don’t even know where this place is. Is this a void ticket?

Sean Maye
Sean Maye
answered on Nov 25, 2020

This is a tricky one. If you go to Court to resolve this issue, you are conceding that you were the person who received and was served with the ticket - and you will in turn lose any defense you have based on the wrong address. That said, depending upon what the ticket specifically says, you... View More

1 Answer | Asked in Family Law for Colorado on
Q: My boyfriend was charged with DV for accidentally hitting my phone into my face, he was arrested anyway. What do I do?

It was absolutely an accident But he was arrested anyway. I was drunk and crying and they wouldn’t listen to me. He didn’t do anything wrong, he never has and never would hit me but they arrested him anyway. I’m going on Monday to try and talk to the judge is there anything more I can do?

Sean Maye
Sean Maye
answered on Nov 25, 2020

You should speak with the DA assigned to the case, as well as the victim's rights advocate. They should know what you've written here. That said, what you've written here could get you in trouble, so I would advise not to post anything further online.

Separately, though,...
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