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1 Answer | Asked in Criminal Law and Federal Crimes for Colorado on
Q: I was sentenced 48 months bop with a 36 month turnoff supervised release on a 941c. Possession of a firearm by a

Prohibited person. My guidelines were 36-42 months. So I got a upper variance. I sever 45 of the 48 months before going to ha halfway house on supervised release. I violated 20 days later and went back for another 3 months. I then was released and violated a 2nd time after 4 1/2 months. I then did... View More

James L. Arrasmith
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answered on Mar 13, 2024

In the situation you described, if you violate your supervised release conditions again, even without new charges, you can face additional consequences, including more prison time and/or an extension of your supervised release term.

When you violate supervised release, the court has the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Do I have any tenant's rights if there is no rent?

For the last 10 years I have been living in a house owned by a family member, with their permission. There is no written agreement or contract, and no rent is requested or paid. The utility bills are in my name and paid by me, and I do any maintenance and improvement work that occurs (but again,... View More

James L. Arrasmith
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answered on Mar 31, 2024

In most jurisdictions, even without a written lease agreement, you would likely be considered a tenant at will. This means that while you don't have a formal lease, you do have certain basic rights as a tenant, especially given the extended period of time you've been living there.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How long before landlord can remove items put outside by forced eviction? Is it required to notify tenant of removal?

Are items locked up by manger under the same conditions as items outside? If so how does one retrieve locked up items if manger clams there’s nothing of tenets in/on property?

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answered on Mar 31, 2024

In Colorado, when a landlord forcibly evicts a tenant, the process for dealing with the tenant's personal property is as follows:

1. Removal of items: The landlord must remove the tenant's belongings from the rental unit and store them in a safe place. This can be on the property...
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1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can the IRS collect LLC penalty and interest only, from it's individual members?

I filed a tax return late but did not owe any LLC taxes (in 2014, but I just found out about the charges about a month ago).

The IRS hit the LLC with $2298.46 in penalties and interest, not for owing any taxes.

The LLC was dissolved about 9 years ago, I believe. My question is, can... View More

James L. Arrasmith
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answered on Mar 8, 2024

When it comes to LLCs, the IRS typically views the entity as separate from its members, meaning the company itself is responsible for its taxes, penalties, and interest. However, the way an LLC is structured can influence how the IRS pursues outstanding liabilities. For an LLC treated as a... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What rights do I have if my dad left no will, had no bills and my sister the oldest took charge of his estates ?

My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More

Michael Joseph Larranaga
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answered on Mar 8, 2024

This is a complicated one.

If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled...
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1 Answer | Asked in Civil Rights for Colorado on
Q: If I wanted to send my son to a day camp but they refuse him service because he has a nut allergy - is that allowed?

Is it discriminatory?

James L. Arrasmith
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answered on Mar 6, 2024

Refusing service to someone because of a health condition, such as a nut allergy, can potentially be seen as discriminatory, especially if the refusal limits the person's access to public services or accommodations. In many jurisdictions, laws protect individuals from discrimination based on... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: DA know they decided to charge my husband or not but he still sitting in there for $10,000 cash bond can I get surety

So Bryson’s been incarcerated since February 29 and we are waiting on a $10,000 cash bond to the jail. He’s been in a reluctant on getting phone calls every we’ve been getting any information on what’s going on the DA hasn’t decided whether they want to charge him or not, is there anyway... View More

James L. Arrasmith
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answered on Mar 8, 2024

Navigating the complexities of the legal system, especially in a situation involving bail and potential charges, can be incredibly challenging and stressful. In Colorado, as in many other states, the decision to grant bail and the type of bail set are typically at the discretion of the court. If... View More

1 Answer | Asked in Health Care Law for Colorado on
Q: I have suffered from back pain for many years, including being rushed to a hospital a couple of times for it, and it has

been ignored. I finally persisted with my primary doctor this year and she had an MRI done and it showed that I have DDD and bulging discs. Had previous hospitals gone through the steps to find out why I was in so much pain, I could've avoided the extent of the damage that has occurred by now.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Colorado attorney could answer best, but your question remains open for two weeks. The most reliable way to answer your question would be to try to set up a free initial consult with Colorado law firms. Things could depend on your age, medical history, occupational history, how any disability you... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on
Q: Can a competency hearing be scheduled when a motion hasn't yet been filed? Also,should it be on public docket website?

Docket search is how I found out, my public defender asked for this hearing 8 days ago and it's scheduled for this week, 13 days before commencement of my trial. But when I asked what her concerns were, she told me yesterday she had not filed the motion for it yet, and didn't give a clear... View More

James L. Arrasmith
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answered on Mar 6, 2024

In the legal process, it is possible for a competency hearing to be scheduled before a formal motion is filed, especially if the court or your defense attorney anticipates the need for such a hearing. This may occur in instances where concerns about a defendant's ability to understand the... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: What do the charges look like when I scratched a lottery ticket before paying for it.

They are trying to charge me for stealing up to $2,000 in lottery tickets when I paid for every single one. I scratched one before paying for it.

James L. Arrasmith
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answered on Mar 4, 2024

When you scratch a lottery ticket before paying for it, the store may view this action as an intent to steal, since lottery tickets are considered a form of currency and their value is not realized until after purchase. The charges you face could vary based on local laws and the specifics of the... View More

1 Answer | Asked in Collections and Small Claims for Colorado on
Q: Do I have to pay collections agency legal fees and interest if I paid the debt to the creditor directly?

I received a summons that wasn’t yet submitted to the court, reached out to the collections agency and they wanted $3k for $1800 so I called the creditor and paid them directly and the agency filed the summons 7 days after i paid! Am I still liable if they didn’t do their due diligence for... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2024

You may have a defense to the case as an “Accord and Satisfaction.”

1 Answer | Asked in Criminal Law for Colorado on
Q: My public defender asked for a competency hearing a week before trial. I'm guessing because she's not prepared. Options?

She got upset because I refused to take a deal. I am 100% innocent, which was confirmed when the autopsy was finally given to her and I by my vet. His cause of death was euthanasia by HSPPR. And he had brain cancer that was causing his symptoms they claim I failed to seek vet care. Hearing is... View More

James L. Arrasmith
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answered on Mar 4, 2024

In this situation, it's important to communicate clearly and calmly with your public defender about the new evidence from the autopsy report that supports your innocence. Explain your position and the significance of this evidence in proving that the allegations against you are unfounded. This... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Am I completely within my right to break my lease agreement?

I am currently under a 12 month lease agreement with a landlord as a roommate in a house. In the contract, there is no termination clause. Recently, due to a hostile living environment and a negligent landlord, an early lease agreement was typed up. Our landlord has threatened to evict us on... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you may have grounds to terminate your lease agreement early due to the hostile living environment and your landlord's negligent behavior. However, the specific laws and regulations regarding lease termination can vary by state and... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Warrant for failure to comply, by not completing community service. $1250 bail book/release, should I turn myself in?

I neglected my community service, and now have a warrant for failure to comply. I have been told I could be released immediately from jail if I post my own bail, and then be on the hook for the community service without needing to go back to court. Does this sound legitimate? Since my bail is so... View More

T. Augustus Claus
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answered on Mar 1, 2024

Turning yourself in for a warrant due to failure to comply with court-ordered community service in Colorado can be a responsible step towards resolving your legal issues. If you have a bail amount set at $1250 for book and release, it suggests that you can pay the bail and be released without... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: How can I find a lawyer I hired to handle a case for a Zantac claim made in 2021?

I lost all my info in a fire please advise !

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

The simplest starting point could be to search for your name online in association with related lawsuits. It may or may not come up, depending on the court system and their manner of digitization of records. The next option could be to check with the clerk's offices of courts where you think... View More

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 Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

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