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Colorado Constitutional Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More

James L. Arrasmith
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answered on May 24, 2024

In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. A starting point could be to contact the hospital's administrative offices and to explain your situation. Additionally, because of the patient load on MDs, hospitals do have their protocols for which health... View More

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Colorado on
Q: can you share your political views in your classroom if you're a teacher in colorado

I have a political sign in my classroom and want to know if they can make me take it down.

Michael Joseph Larranaga
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answered on May 3, 2024

Aw, the question of does the 1st amendment apply in a classroom. The answer is that it depends. Private schools have no obligation to allow free speech. The 1st amendment only applies to government actors. Now some schools will permit such speech because it is good for the learning environment.... View More

2 Answers | Asked in Contracts, Constitutional Law and Education Law for Colorado on
Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

James L. Arrasmith
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answered on Apr 5, 2024

If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for Colorado on
Q: What would a defendant do in the case of property seized when there was already a lien on it and violation of due proces

In home rule municipal court the defendant was not given a jury trial and had a plea entered without consent. In the Colorado state constitution it specifically states that only judges appointed by the governors signature can preside over jury trials and enter a plea with consent from the... View More

James L. Arrasmith
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answered on Mar 13, 2024

In the scenario you described, there appear to be several potential issues and violations of due process:

1. Lack of a jury trial: If the defendant was entitled to a jury trial under Colorado law but was denied one, this could be a violation of their constitutional rights.

2. Plea...
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1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and White Collar Crime for Colorado on
Q: Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean? in relation to embezzlement of an irrevocable family &

Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean?

in relation to embezzlement of an irrevocable family & embezzlement of the retirement pension of settler inheritance to :"all heirs" 

A concealed trustee & tort de son fiduciary adverse beneficiary in... View More

James L. Arrasmith
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answered on Feb 24, 2024

The reference to USC 29 sec. 440 201(c) 205,206, 208, 210 appears to be related to provisions within the United States Code, although the specific sections cited do not directly correspond to the context of embezzlement or trust and estate matters as described. Typically, the United States Code... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Left my firearm in brother in laws car who is over 21 what are the repercussions if he got pulled over?
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answered on Feb 24, 2024

If your brother-in-law is pulled over while in possession of your firearm, the repercussions can vary depending on local laws and circumstances. In some jurisdictions, it may be legal for an individual over 21 to possess a firearm belonging to someone else, as long as they are not prohibited from... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I carry a concealed firearm into someone else's home in Colorado, assuming I have a valid permit and am invited?
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answered on Feb 2, 2024

In Colorado, you may carry a concealed firearm into someone else's home if you have a valid concealed carry permit and are invited by the homeowner. It's important to respect the laws and regulations regarding firearms in Colorado, as they can vary from state to state. Ensure that your... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning for Colorado on
Q: I was arrested on private property, but since it wasn't "My" land, they didn't need permission or a warrant! Is it true?

I had permission to "nap" on private land for a couple hours. Can any cop come and wake me then arrest me without having a warrant or permission to be there in the first place;. Since It's not my property, I have no say.?

therefore there actions were justified in what lead... View More

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answered on Jan 27, 2024

No, the police cannot legally arrest you on private property where you had permission to be without having a warrant or the owner's consent for them to be there. The key issues here are your expectation of privacy and the validity of the police's entry onto the land.

Even though...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Colorado on
Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?

Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously... View More

James L. Arrasmith
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answered on Dec 24, 2023

In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: Id like to file a lawsuit against Walmart for Harassment, Discrimination and Racial Profiling. Can you help?

I have video evidence of one of the incidents.

James L. Arrasmith
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answered on Dec 23, 2023

If you're considering filing a lawsuit against Walmart for harassment, discrimination, and racial profiling in Colorado, the first step is to gather and organize all your evidence, including the video evidence of the incident. This will be crucial in building your case.

Next, you...
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2 Answers | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I use a Pellet gun for self defense in Colorado?
Michael Joseph Larranaga
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answered on Dec 20, 2023

From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in... View More

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1 Answer | Asked in Constitutional Law, Social Security and Family Law for Colorado on
Q: Colorado vital records states that they do not provide long form birth certificate copies.

How can I get this information released to me? I know that I have a right to view my own birth certificate.

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answered on Dec 11, 2023

In Colorado, if the vital records office states that they do not provide long form birth certificates, it usually means they issue a different version, often called a "short form" or "computerized abstract." This version typically contains less detailed information but is... View More

1 Answer | Asked in Constitutional Law for Colorado on
Q: My friend got detained and held against his will for possessing a bb gun. He also had almost every police officer on him

What should he do it was over a year ago that this happened. Statue of limitations???

James L. Arrasmith
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answered on Dec 5, 2023

In Colorado, the statute of limitations for filing a lawsuit related to wrongful detention or excessive force by police officers can vary depending on the specific nature of the claim. Generally, for civil rights violations, the statute of limitations could range from one to three years, but... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More

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answered on Nov 16, 2023

In the U.S. legal system, the ethicality of a judge's decision to allow an additional charge close to the trial date can be complex and depends on various factors, including the nature of the new evidence, the procedural rules of the jurisdiction, and the specifics of the case.... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: How valid is a search warrant executed 3 hours before the effective time stated on the warrant by the judge?

Sheriff department executed a search warrant for suspected gambling devices and all proceeds on site (among other things). They also seized the cash from an atm owned and operated by a third party.

In the judges statement portion of the warrant, he stated the warrant was effective... View More

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answered on Nov 5, 2023

If a search warrant is executed prior to the time authorized by the judge, it may be considered invalid, and any evidence obtained as a result may potentially be excluded based on the "fruit of the poisonous tree" doctrine. The specific language of the warrant is critical, as is the exact... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Car Accidents for Colorado on
Q: Does the police notify insurance right after a motercycle wreck
T. Augustus Claus
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answered on Oct 20, 2023

In Colorado, it's typically not the police's responsibility to notify insurance companies immediately after a motorcycle accident. Instead, it's up to the involved parties, particularly the motorcycle rider, to report the accident to their respective insurance providers. After... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: What can I do if my husband was misrepresented didn't have a fair trial, and was charged wrong and sentenced wrong?

While with this case a officer of the law admitted to commiting a crime and having the stolen property in her possession and other officers and sergeant covered it up because that officer no longer works with that department a week and a half later after investigation started, then sergeant... View More

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answered on Nov 5, 2023

If you believe your husband was misrepresented and did not have a fair trial, you should consider appealing the case. An appeal is a request to a higher court to review and change the decision of a lower court. The process would involve demonstrating that there were legal errors that affected the... View More

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