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
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.
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... Read more »
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... Read more »
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... Read more »
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.
I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and... Read more »
First off, I am sorry this happened to you. It sounds like your experience while the case was open was pretty difficult and that your experiences afterward have continued to be difficult.
That said, if you agreed to restitution and a restitution hearing was set for whatever reason, then... Read more »
Try this website for some of those things - www.cocourts.com
I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »
First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... Read more »
You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.
My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.
Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the... Read more »
Does it take colorado supreme court this long to decide usually
There is no set time limit for the Colorado Supreme Court to rule. Your wait of 9 months is not at all unusual. It could be several months before the Court renders a decision.
The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.
I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to... Read more »
You cannot file it for him. Only he can file it or a lawyer.
Obviously, this is the last chance he will have to get review.
If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.
If he is going to have any... Read more »
The guy who actually took the life took a plea for second degree manslaughter. His buddy who goes to trial is convicted of accessory to the crime of murder. How is it possible to do that if there is no murder conviction?
Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does... Read more »
Judgement and reverse the court order? Colorado law please? Possible statutes to look at?
The answer is "it depends." If there is a no contact order that order does NOT bind the victim from trying to contact the Defendant. This is a dangerous situation - if the person on the deferred judgement receives the contact and then responds to it - THEY would bein violation of the no... Read more »
I have a couple of criminal convictions. I'm seeing my name in the state data base doesn't match my birth certificate. Just curious as to if I can get them expunged from my record on a technicality
No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic... Read more »
Presuming I am understanding your question correctly, it looks like your attorney withdrew from your case in April? Appeals and motions can be filed whether you have an attorney or not. All the filing deadlines also apply whether you have an attorney or not.
Judge ordered my tenant out in 48 hrs. but she appealed. The judge set a later date for money damages so there was no money ordered when she appealed. She got bond waived due to formas pauperis .Tenant owes 3 months rent and $700 water bill and continues to live in my home for free with water being... Read more »
It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to... Read more »
This landlord has followed my 16 yr old son to his friends house and is taking picture's and also has been in the house when she thought no one was home, but there was someone home. I don't want her in here until I am completely moved. She has no grounds for eviction and is trying to find... Read more »
You can always tell her no, the issue is whether you can enforce the no via the police or courts. The following and frequent entry into the apartment is very likely overstepping. If you can document this, it might be helpful for the eviction.
Generally yes, the landlord has a right to inspect the apartment for litigation and likely under general inspection rules under the lease. It is recommend that you heavily document the apartment before the landlord inspection and after the inspection. A combination of movies and still images is... Read more »
There is a remote possibility that you can file a federal lawsuit for the violation of a constitutional right. Assuming the termination hearing was conducted properly and there is nothing novel about your case, the likelihood of the surviving summary judgment (rejection before the full trial) is... Read more »
My wife (now ex) accused me of molesting my 3.5 yr old daughter. I never did that! Dept of Human services were called. My case was unfounded until an unlicensed clinical social worker got involved saying my daughter was saying she had "secrets" and making up things my daughter would never... Read more »
Contact an attorney to review your offer and the potential outcomes of accepting the offer.
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