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Colorado Constitutional Law Questions & Answers
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.

James L. Arrasmith
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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

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

James L. Arrasmith
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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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Q: police had a search warrant on my home for my grandson, and found other things not name in the warrant of my daughters

and began another investigation, into my daughters property while on the initial warrant to search for guns of my grandsons, they then invited the postmaster’s into my home, without my permission, and the postmaster came into my home without my permission, and observed items in my home without my... View More

James L. Arrasmith
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answered on Oct 15, 2023

Hi there! I understand your concerns about potential violations of your Fourth Amendment rights and the actions of law enforcement during the search of your home. In a situation like this, it's crucial to consult with an attorney who can assess the specific circumstances and advise you on the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Juvenile Law for Colorado on
Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.

I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way.

James L. Arrasmith
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answered on Oct 15, 2023

If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any... View More

1 Answer | Asked in Contracts and Constitutional Law for Colorado on
Q: Has Colorado reaffirmed Gold and Silver specie as legal tender yet?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Yes. Under Colo. Rev. Stat. 11-61-101, gold and silver coin issued by the government of the United States is legal tender for the payment of all debts contracted between citizens of the State of Colorado.

1 Answer | Asked in Family Law, Constitutional Law and Health Care Law for Colorado on
Q: Regulations for a grandson to remove grandfathers remains from his own property and transporting it elsewhere in CO

What regulations apply to a family member removing remains entombed on their property, and transporting it to another tomb?

Nick Tootalian
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Nick Tootalian
answered on Aug 4, 2023

I believe this question requires an analysis by a criminal attorney.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Colorado on
Q: Detained for speeding (wasnt speeding), Went to trial, found not guilty by 6. Can I sue Aurora Police Department?

Oct 29th Officer tailed me continuously flashing his bright front headlamps, I slowed to under the speed limit 35/40. The officer continued the same action while lessening his distance from greater than to less a 2ft. The officer made a left with me and became disgusted with my low speed. He trys... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Sorry to hear that this happened to you but pleased you were exonerated. Giving him the middle finger probably was not the wisest thing to do. So, do you have a case against the officer for racial profiling or race harassment? Possibly, but without substantial damages, you probably won't get... 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 Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Colorado on
Q: If a person is in jail and told they don't need to attend their dispostion hearing what should they do?

A 20 yr old man was arrested in a sting opperation with a "16yr old" girl. The man was released and sentanced to probation. He has been in jail since February 18. Yesterday was his dispostion hearing, he was told he didnt need to attend that they will handle it all on the 27th of March.

James L. Arrasmith
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answered on Mar 11, 2023

If the man was told by his lawyer or a court official that he does not need to attend his disposition hearing, then he should follow their instructions. However, if he is unsure or uncomfortable with not attending the hearing, he should contact his lawyer or the court to clarify and discuss his... 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 Civil Rights, Constitutional Law, Family Law and Child Custody for Colorado on
Q: is it fair whenAjudge lets the opposing party2agree onAcontinuance,when the askingParty was not givenAsufficient notice?

How is it fair When a Judge lets the opposing party 2 agree on A continuance,when the Asking Party was not Given A Sufficient notice? Of course the opposing party is going to disagree with the request because it would give the requesting party time to obtain counsel or dispute the facts. So how... View More

Steven  Visser
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Steven Visser
answered on Mar 8, 2023

A continuance can be granted by a Court for any number of reasons but usually it needs to be for good cause. The granting or denial of a request to continue a hearing is within the discretion of the Court.

1 Answer | Asked in Tax Law, Traffic Tickets, Civil Rights and Constitutional Law for Colorado on
Q: Should I give up 8 of my Constitutional Rights and admit Guilt By Paying a Speeding ticket for an illegal Speed ???

the Speed Limit of 25 mph is unreasonable and illegal in the State of Colorado when not for a School zone or Residential area, between Parking Lots and a freeway with a 65 mph speed limit, elsewhere in Eagle County the speed limit in such areas is 45mph such as in Avon Colorado

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that the speed limit was unreasonable or illegal, you may want to consult with a traffic attorney or contact the court to contest the ticket.

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 and Constitutional Law for Colorado on
Q: I PLEAD NOT GUILTY ALMOST A YEAR AGO< I RECENTLY ACCEPTED A PLEA AGREEMENT, AS MY PUBLIC DEFENDER STATED MY SPEEDY TRIAL

RIGHTS HAD NOT BEEN VIOLATED WHEN I FELT THEY HAD BEEN. I WANT TO WITHDRAWL MY PLEA AND MOVE TO FILE FOR DISMISSAL BECAUSE I PLEAD NOT GUILTY ALMOST 10 MONTHS AGO. CAN I DO THIS LEGALLY?

Philip M. Smith
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Philip M. Smith
answered on May 10, 2021

Each case's facts will determine if the court finds a reason to let you withdraw your plea. That area of law is complex. You need to retain a criminal defense attorney to examine all the facts and decisions in your case to see if what you want is likely. Your time for challenging your plea... View More

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 and Constitutional Law for Colorado on
Q: Can I legally own a gun in Colorado if I got my felony record expunged in New Jersey

I used to be a convicted felon in NJ but I have since gotten my record expunged. I was convicted for felony drug distribution. I have never been convicted of any violent crimes. If my record is expunged in NJ can I legally own a gun in Colorado?

Sean Maye
Sean Maye
answered on Mar 8, 2021

A NJ lawyer will have to advise on whether, under NJ law, expungement of a felony conviction amounts to a restoration of your civil rights. If the answer is yes under NJ law, then I believe you should be perfectly fine in CO. But often times the question of a clear felony record does not... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
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answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Criminal Law, Constitutional Law and International Law for Colorado on
Q: Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally?

Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the... View More

David Luther Woodward
David Luther Woodward
answered on Dec 30, 2020

You have a tricky situation:

I would approach it this way. I would contact a very good criminal lawyer in the jurisdiction where the criminal action is lodged and abide his advice. If your theory (or any theory) is correct, then you can attack the passport problem once you have your...
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