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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... View More
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
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... View More
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
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
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
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
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
I believe the warrant is for not completing probation for a DUI.
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
She had made several reports and no help, the police claim they can't step in. What can she do.
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
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
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
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?
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
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
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?
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
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.
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
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
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
Is there a way tolet him live here after I pas without putting property in his name
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... View More
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... View More
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
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
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
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... View More
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
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
answered on Nov 10, 2020
Rule 41 is detailed here -> https://www.law.cornell.edu/rules/frcrmp/rule_41
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