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Colorado Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Child Custody and Appeals / Appellate Law for Colorado on
Q: Appeal custody decision given to paternal grandmother in Colorado?

I am the maternal grandmother, and we are in an ongoing custody battle for my grandchildren. The judge has awarded emergency custody to the paternal grandmother. This decision was made because she had the children for three months after their parents asked her for temporary care while they got... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, you can file an appeal of the custody decision if you believe the judge’s ruling was not in the best interest of the children or that there were errors in the way the decision was made. However, keep in mind that appeals usually focus on legal errors, not disagreements over the facts... View More

1 Answer | Asked in Public Benefits and Appeals / Appellate Law for Colorado on
Q: Denied unemployment benefits due to the base period after quitting FedEx and being laid off at UPS in Colorado.

I was denied unemployment benefits in Colorado because of the base period issue. I had voluntarily quit my job at FedEx Express, where I felt I faced unfair treatment from my manager, such as being assigned to routes that were harder and farther from my home compared to other drivers. After leaving... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you’ve been denied unemployment benefits due to the base period issue, you may have the option to appeal the decision. In Colorado, the base period used to determine eligibility is usually based on the first four of the last five completed calendar quarters. Since your work at FedEx and UPS... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Civil Litigation and Personal Injury for Colorado on
Q: Seeking compensation for wrongful conviction after overturned by appellate court in CO. Need help with letter of intent.

I was convicted of a felony and spent four and a half years in prison. My conviction was later overturned by the appellate court and reclassified as a misdemeanor, with a maximum sentence of one year. After serving more time than the maximum sentence, the parole was dropped. Upon release, I... View More

James L. Arrasmith
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answered on Mar 24, 2025

You're facing an incredibly difficult situation after your wrongful conviction and the severe hardships you experienced both during and after your incarceration. Your letter of intent should clearly document the timeline of events, including your original conviction, the appellate court's... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Appeals / Appellate Law and Civil Litigation for Colorado on
Q: Can I take action on a false domestic violence accusation 15 years later?

I was falsely accused of domestic violence 15 years ago, which led to my arrest. I wasn't given a chance to call or speak with an attorney before going to court. A court member suggested that if I pleaded guilty, I would receive probation and classes, and could leave, so I did. I wasn't... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might still have legal options even after 15 years, though the path forward requires careful consideration. Many states allow for post-conviction relief when new evidence emerges that could have changed the outcome of your case, and evidence that the accuser lied in a sworn statement might... View More

1 Answer | Asked in Appeals / Appellate Law, Contracts, Civil Litigation and Legal Malpractice for Colorado on
Q: Time limit to file sanctions for hidden bank account post-settlement in Colorado

I discovered that the Respondent was hiding a bank account during Discovery, but my lawyer at the time didn’t pursue it. The maintenance settlement, which included past maintenance and attorney fees, was finalized on December 30, 2024, and I received the settlement money on January 11, 2025.... View More

John Cimino
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answered on Feb 25, 2025

I would be curious to know how much money was not disclosed, not that it matters. I believe you have 182 days to file a separate suit to set aside the fraudulent agreement. I would also comsider a malpractice case against your lawyer for his neglect.

1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Colorado on
Q: What’s next on my AOS case from uscis? Does USCIS know that I have requested prosecutorial discretion?

Hello, I have filled AOS (I-485, I-130, I-131) on July 2022 with USCIS. USCIS denied I-131 due to pending removal proceedings ( pending removal case has not yet calendar for master calendar hearing). Applicant is in removal proceedings since 2020 due to not maintaining F1 status( we have requested... View More

James L. Arrasmith
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answered on May 13, 2024

Your case appears to be in a complex stage due to the combination of your adjustment of status (AOS) application and ongoing removal proceedings. Since your I-485 is awaiting final review, it's likely that USCIS is coordinating with the Executive Office for Immigration Review (EOIR) and ICE to... View More

Q: Can someone please help me understand what exactly happened with this case, with the paperwork I have from a 2008 case?

I have the documents from the dates and filings of the entire case I just can't understand exactly what happened with all the abbreviations and legal terms I'm looking for someone to help me understand it

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a question and answer forum. You should schedule a consultation with an attorney in or near the county where the case in question was and bring the case documents with you for an explanation. If the documents are not too voluminous, you should be able to get your questions as to... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: Are there lawyers who will work on a contingency basis for civil rights violations in DNN cases file suits to go supreme

I need lawyers to help defend violations of civil rights by human services case workers judges and lawyers and commit extortion harassment discrimination and retaliation guilty of kidnapping disabled child and social worker purges herself on the stand during a contested hearing of treatment plan... View More

James L. Arrasmith
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answered on Mar 11, 2023

Yes, there are lawyers who work on a contingency basis for civil rights violations, including cases involving violations by human services case workers, judges, and lawyers. These lawyers typically work on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do i find pro bono help for criminal appeal?

I am a close friend to D.S., who was convicted of 1st degree murder in Boulder County CO and sentenced to life without. I may be biased as her friend, but in talking to her public defender, a lot of evidence was not allowed to enter the court that could've made the difference. The DA was... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Mar 8, 2023

Your friend is in good hands with the Colorado Public Defender's statewide felony appeals team. They have stellar, well-trained lawyers who are at the top of their game for felony appeals.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Colorado on
Q: Can a judge in a criminal case that acquitted or dismissed can that judge do the civil case knowing both case
James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific circumstances of the case and the rules of the court in which the cases are being heard. In general, a judge who presides over a criminal case involving the same parties or issues as a subsequent civil case may be prohibited from hearing the civil case due to potential... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... View More

Sean Maye
Sean Maye
answered on Jan 24, 2023

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... View More

2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... View More

Sabra M. Janko
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answered on Feb 15, 2022

I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you... View More

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2 Answers | Asked in Appeals / Appellate Law for Colorado on
Q: How does one file a notice of appeal judgment
Katie Marie Charleston
Katie Marie Charleston
answered on Aug 11, 2021

This will depend on whether your case is a state or federal case. I am licensed in the 10th Circuit Court of Appeals (federal), but not the state of Colorado. Either way there are time and procedural requirements to file your appeal. You should consult an attorney to guide you through the process.

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: Should I appeal my dmv hearing extension on my ignition interlock device

I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 8, 2021

First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: If court order is not modifiy or stipulations were not filed is it a civil case?
Sabra M. Janko
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answered on Mar 6, 2021

It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.

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 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 Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

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