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Colorado Municipal Law Questions & Answers
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 Criminal Law, Civil Rights and Municipal Law for Colorado on
Q: can i boot a vehicle on private property in Boulder

apparently towing is no longer provided by parking services

James L. Arrasmith
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answered on Jan 27, 2024

Yes, a vehicle parked on private property can potentially be booted in Boulder under certain conditions, since towing services may be limited. Specifically:

- Colorado law allows booting/immobilization of unauthorized vehicles on private property in situations such as private parking...
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2 Answers | Asked in Criminal Law and Municipal Law for Colorado on
Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?

I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home

Austin Burke Nelson
Austin Burke Nelson
answered on Dec 30, 2023

Ownership of a sword in your home is not specifically prohibited by any current law in the Colorado Revised Statutes. However, since a sword can be construed as a weapon or even a deadly weapon, there may be other situations that make ownership or possession of such an item illegal based off your... View More

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1 Answer | Asked in Tax Law, Gov & Administrative Law and Municipal Law for Colorado on
Q: How do I make my home a not for profit cemetery in order to make it tax exempt?

It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this?

James L. Arrasmith
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answered on Dec 25, 2023

To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process.

You will need to ensure that...
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1 Answer | Asked in Health Care Law and Municipal Law for Colorado on
Q: If you’re placed on involuntary hold in Colorado can they make you pay to get released?

A family member of mine was placed on an involuntary hold in Colorado for suicidal behavior, initially she was told it would be voluntary. Now they’re telling her she has to pay 1300 or they’re placing another hold on her.

James L. Arrasmith
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answered on Dec 1, 2023

In Colorado, an involuntary hold for mental health reasons, known as a "Mental Health Hold," is based on concerns for a person's safety or the safety of others, not their ability to pay. The law allows for individuals to be held if they are deemed a risk due to mental health issues,... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Is it required for a store in the mall to have multiple exits?

I work in a mall and my store only has one exit, the main doorway. After a recent emergency including an active shooter, I’m concerned about my coworkers and my own safety. This does not only put us in more danger during an active shooter situation, but also any fire emergencies.

James L. Arrasmith
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answered on Nov 18, 2023

The requirements for multiple exits in a store, including those in a mall, are governed by local building codes and fire safety regulations, which can vary by location. Generally, these codes require a certain number of exits based on the store's size, layout, and the maximum occupancy. This... View More

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2 Answers | Asked in Criminal Law, Family Law, Municipal Law and Probate for Colorado on
Q: Father gave me a truck back in Feb my sister who has power of attorney refused title I'm got grand theft auto warrants

Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More

Anthony M. Avery
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answered on Jul 31, 2023

Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Our city has a community garden enclosed by a fence. Egress requires a key. Is this permissible?

EDITED: Thank you for the reply. However, the question is not about be excluded from entering, it’s about being blocked from exiting.

City residents can rent a plot for gardening. Each gardener is given a key. The community garden is enclosed with a fence with 2 gates. The gates lock... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023

If it is city property then they may have a right to exclude people from their property. It depends on why you are asking, which city, is it open to the public, and so on.

If they are excluding you because of something like race or gender then it could be a big problem. But if is because...
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1 Answer | Asked in Consumer Law, Personal Injury and Municipal Law for Colorado on
Q: Yellow water, has a bad smell and when taking a shower causes stinging. Is this normal for colorado springs water?
Tim Akpinar
Tim Akpinar
answered on Oct 20, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It doesn't sound normal. Shower water isn't supposed to sting. There are law firms that handle toxic tort matters (these are cases that deal with exposure to toxic or hazardous substances). But the first... View More

1 Answer | Asked in Domestic Violence and Municipal Law for Colorado on
Q: Can the cops have someones vehicles towed from my property if I have a restraining order agent them?

The restraining order was from domestic violence had a portection order and it was a lot of vehicles and a camper (all his belongings were in it) I was also being told by code enforcement that they (20 some vehicles) needed to be removed or they were going to condem my property for it being... View More

Sabra M. Janko
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answered on Feb 9, 2021

If the vehicle is his, then he has a right to it. Typically there should be some coordination from someone with regards to entry onto your property, if you own the property, to remove the vehicle.

1 Answer | Asked in Criminal Law and Municipal Law for Colorado on
Q: If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
Brian K. McHugh
Brian K. McHugh
answered on Jan 13, 2020

Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.

1 Answer | Asked in Municipal Law and Juvenile Law for Colorado on
Q: I'm 12 years old got a disorderly conduct ticket and first time ever in trouble can't afford a lawyer

I was assaulted and did not fight back. Won't infringe my liberties.

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

In a criminal matter, you will be given a lawyer if you can't afford one. My best advice: Don't talk to anyone, particularly the police or prosecutor, without a lawyer. Whenever in court, say, I want a lawyer. And then talk with that person.

1 Answer | Asked in Employment Law, Business Law, Landlord - Tenant and Municipal Law for Colorado on
Q: US DOL granted former employer 3M credit for which she did not qualify. How is that being honored?

The "managers apt" has never had heat due to the pipes being removed during a remodel a few yrs ago.Owner is providing a residence that is in violation of state codes which disqualifies her from getting the 3M credit. This is our 2nd winter up here w/o heat.

2) Because I still... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 24, 2017

I am not sure how the US Dept. of Labor is related to landlord tenant issues. Are you asking how a person who allegedly has an uninhabitable apartment for lease can also receive a federal grant? If so, a US DOL grant is not related to civil landlord-tenant disputes; some criminal charges can impact... View More

1 Answer | Asked in Car Accidents and Municipal Law for Colorado on
Q: How can I take care of an out of state warrant if I do not have the means to get to that state?

I was in a car accident in 2012 and I had to take an Alive at 25 class before I could leave. Due to many unfortunate events I couldn't stay there and have not been able to get back.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 2, 2016

There are few hardship exceptions for skipping a criminal charge. The most common approach for people who have out-of-state legal matters is to hire a lawyer in the original state (note: any jail time will still need to occur in the original state). It would be wise to attend because an active... View More

1 Answer | Asked in Municipal Law and Criminal Law for Colorado on
Q: May a municipal judge amend judgement due to clerical error after 40 days
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 22, 2016

It depends. Minor errors can be correct. If there is a significant error or modification due process issues can become an issue. Contact a lawyer for specific advice.

1 Answer | Asked in Construction Law, Gov & Administrative Law and Municipal Law for Colorado on
Q: If a city requires you to purchase a building permit, but yet doesn't do any inspections on work completed liable in any

Way

It seems to me if they are collecting money from the community for building they should do inspection and require contractors to be licensed to protect thier community. Otherwise what are they collecting fees for permits? Isn't that part of thier job and responsibilities to keep... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 22, 2015

Some permits do not require inspections. Even for those that do, most inspections are rather cursory...

1 Answer | Asked in Municipal Law for Colorado on
Q: Is a city required to make all ordiances, specify building ordiances that differ from IBC building code

Available to the public at no cost.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 22, 2015

All cities and municipalities have ordinances and codes available for free via the web and usually a written form at city offices. There is not duty on cities (or state/federal legislators) to disclose when local rules differ from a standard national/international model.

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