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Questions Answered by Sean Maye
1 Answer | Asked in Criminal Law for Florida on
Q: Can a vop warrant be served that is 2 yrs old and the probation ended a week after warrant was served?
Sean Maye
Sean Maye
answered on Nov 25, 2020

Generally speaking, the answer is YES- provided certain factors are satisfied.

Firstly, it depends on if/when a probation complaint was initially filed. A term of probation is considered "tolled" upon the filing of a probation complaint. That means that, so long as a complaint...
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1 Answer | Asked in Criminal Law, Communications Law and Domestic Violence for Colorado on
Q: Are police required to take a missing persons report if an adult w/ history of mental illness disappears "voluntarily"?

My uncle disappeared. He did leave a message on Facebook saying he was going "off the grid", but that message has also disappeared. Police in Centennial, CO (where he lived) and Denver refuse to report him as a missing person because they say he is an adult who left voluntarily. But the... View More

Sean Maye
Sean Maye
answered on Nov 25, 2020

First off, I am sorry that you and your family are suffering through this.

As for the law concerning missing persons, you may consult CO Statute 16-2.7-102, which states that "any person with relevant, credible information suggesting that a person is missing MAY make a missing person...
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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... View More

Sean Maye
Sean Maye
answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... View More

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1 Answer | Asked in Criminal Law for Colorado on
Q: I showed a bb gun to scare off a person that was trying to fight me in front of my 4 year old daughter is that self def.
Sean Maye
Sean Maye
answered on Nov 24, 2020

The answer to your questions depends on a lot of additional information, such as the following: where this occurred (public property vs. your property), the demeanor of the person and whether your actions would be deemed 'reasonable' under the circumstances, whether the person themselves... View More

3 Answers | Asked in Criminal Law for Colorado on
Q: What do i need to if i get called by a detective in a case about myself?
Sean Maye
Sean Maye
answered on Nov 25, 2020

Mr. Steinberg is correct. UNDER NO CIRCUMSTANCES should you EVER speak with a Detective without first consulting with a lawyer and without requesting that a lawyer be present for any and all conversations with law enforcement. You have this right under the 5th Amendment and most criminal cases... View More

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2 Answers | Asked in Criminal Law for Colorado on
Q: Is it criminal impersonation when its your own name just not in the right order
Sean Maye
Sean Maye
answered on Nov 18, 2020

"Criminal Impersonation" is defined under CO statute18-5-113. The law requires proof that any impersonation be committed KNOWINGLY in order to be considered a crime. There are various ways that can occur, all of which are listed in the statute. I would look at the statute yourself to... View More

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2 Answers | Asked in DUI / DWI for Colorado on
Q: Can I get a Colorado ID if I have a bench warrant? Will the DMV check for warrants?

I believe the warrant is for not completing probation for a DUI.

Sean Maye
Sean Maye
answered on Nov 17, 2020

This is an interesting question. If you have an active warrant for your arrest, it is very likely that the DMV, which has access to various government records, will see your warrant and contact the police to arrest you - especially if your criminal bench warrant is related to a traffic offense... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My friends 14yr old son punched her in the face and broke her nose. He also hits his brother and has fits of rage.

She had made several reports and no help, the police claim they can't step in. What can she do.

Sean Maye
Sean Maye
answered on Nov 16, 2020

The best course of action is therapy or counseling. There are certainly grounds for getting the police or the courts involved if the boy hit his mother intentionally, and certainly when the result was a broken nose. But criminal sanctions may possibly result in the boy being removed from the home... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: How am I able to obtain a copy of a case disocovery for a personal case and a discovery for a friends case

My ex husband (techincally he is still my husband due to him not filling out divorce papers) were involved in a court case 2 years ago out of South Dakota his chargers were Simple Assault Property Damage and Domestic Violence(the last one might not be correct) the case has since been finished with... View More

Sean Maye
Sean Maye
answered on Nov 12, 2020

If you are the listed victim in a criminal case in CO, you may likely have an argument that, under the Victims Rights Act (VRA), you are entitled to the discovery (at least, in part). There are a lot considerations that go into a discovery request like the one you've suggested - such as... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

Sean Maye
Sean Maye
answered on Nov 11, 2020

The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that... View More

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother has already asked me to pick up the daughter this weekend. How do I get custodial rights while she is in jail
Sean Maye
Sean Maye
answered on Nov 11, 2020

The answer to your question technically depends on what your current custodial rights status is and the circumstances surround yours and the mother's custodial agreement. However, a Court would not likely contest a lawful parent gaining custody of their child while their other primary... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have to pay for gas, sewer, etc but my apartment complex is double charging sometimes triple charging.

When I go into the office to try to fix the issue she becomes irate, and comes off like I'm crazy I've tried calling corporate no answer what do I do?

Sean Maye
Sean Maye
answered on Nov 11, 2020

What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you... View More

3 Answers | Asked in Animal / Dog Law for Colorado on
Q: My dad recently passed away. His gf has his/my dog. Is there a way to get him back?

My dad adopted Sky as a Christmas present for my sister and I when we were younger. Now the dog is with his gf and I fear she won’t agree to give him back in a civil manner.

Sean Maye
Sean Maye
answered on Nov 11, 2020

The answer to your question depends on a lot of factors and you will need to consult with an attorney to assess how the specific facts/circumstances may entitle you to return of the dog or not. At first glance, it would probably be best to consult with and retain a lawyer to begin by encouraging... View More

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1 Answer | Asked in Employment Law for Colorado on
Q: I tested positive for Covid after not being informed that two employees had it where I work. They did not inform me.

A child I interacted with and that was sick at our facility (vomiting is documented) tested positive for Covid. As did a staff member. I was not informed of this and went to work for 2 days before getting symptoms and testing positive. The building has never been cleaned or aired out and they... View More

Sean Maye
Sean Maye
answered on Nov 11, 2020

What you described here sounds like negligence and an intentional tort if the facility was aware of the positive cases but nevertheless actively campaigned to avoid notifying its employees and the public about the risk of exposure. You will need to consult with a civil litigation attorney to... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: I own my home and property, paid for. my boyfriend lives withme but we are not husband and wife, have no accounts togeth

Is there a way tolet him live here after I pas without putting property in his name

Sean Maye
Sean Maye
answered on Nov 11, 2020

If you were legal husband and wife, your assets (including this and any other real or personal property) would automatically pass to him - unless there were any other unforeseen reasons or legal complications that would frustrate that.

Absent any legal martial status, you would need to set...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
Sean Maye
Sean Maye
answered on Nov 13, 2020

The Court always considered the legal standard of what is in "the best interests of the child." Your response should be crafted to describe how the proposed change to the parenting time plan is or is not in "the best interest of the child."

That said, this is a very...
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1 Answer | Asked in Criminal Law for Colorado on
Q: I was charged with a driving under restraint and served a summons to appear in court I did not sign either one

I didn't sign the the summons or the paper that you get for driving under restraint can it be dismissed in court Jefferson County

Sean Maye
Sean Maye
answered on Nov 10, 2020

An attorney would need to physically see the summons to see if a signature is required or not. If you're in receipt of the summons (as this post suggests), it's likely because you were lawfully served with it and that would normally be enough to require your presence in Court. More... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: What does this mean; Unlawful Flight to Avoid Prosecution - Title 18 US Code 1073?

I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and... View More

Sean Maye
Sean Maye
answered on Nov 10, 2020

First off, I am sorry this happened to you. It sounds like your experience while the case was open was pretty difficult and that your experiences afterward have continued to be difficult.

That said, if you agreed to restitution and a restitution hearing was set for whatever reason, then...
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1 Answer | Asked in Criminal Law for Colorado on
Q: What will happen if I attempt to recover property that had drug paraphernalia in it?

I left a bag on the sidewalk when I checked out of a hotel. When I realized I didn't have it and called the hotel hours later, they said they had turned it over to the police department because there was drug paraphernalia in it. There is no identifying information in the bag, and I don't... View More

Sean Maye
Sean Maye
answered on Nov 10, 2020

Unfortunately, if this bag is now in the possession of law enforcement and you then claim ownership of it, you are effectively acknowledging that the bag and its contents are yours. By doing this, you place yourself at risk of criminal charges. What you have described could certainly be a viable... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Ive got a question regarding the probable cause for a rule 41 search and seizure of my home
Sean Maye
Sean Maye
answered on Nov 10, 2020

Rule 41 is detailed here -> https://www.law.cornell.edu/rules/frcrmp/rule_41

If you have any questions, I offer a free 30-minute consultation. Please visit www.mayelawgroup.com for more information.

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