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Colorado Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?

Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More

James L. Arrasmith
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answered on Jul 21, 2024

It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.

You should...
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1 Answer | Asked in Civil Rights for Colorado on
Q: First amendment, Can probation restrict this

I'm on Supervised probation.nearly had my phone confiscated for reading Yahoo news Articles. PO Said I have a history with law enforcement. I do not. This is my first arrest. My dad was a cop for 20yr. He says that the articles I'm reading are too negative and too violent. this is news... View More

James L. Arrasmith
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answered on Jun 3, 2024

While on supervised probation, certain restrictions may be placed on your activities, including internet usage, but these restrictions must be reasonable and clearly related to the goals of probation. It seems unusual for your probation officer to restrict your access to mainstream news articles... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: Is it legal to alter public records such as booking time and date three months after the fact?

My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and... View More

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answered on Jun 3, 2024

Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action... View More

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

2 Answers | 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.

James L. Arrasmith
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answered on Jun 2, 2024

You should document each instance where you were denied the right to see an M.D. and the specific reasons for your emergency room visits. Keep a detailed record of dates, times, names of the healthcare providers involved, and the nature of your complaints and treatments received. This documentation... View More

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2 Answers | 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

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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

1 Answer | Asked in Civil Rights for Colorado on
Q: His long can police stay outside your residential if you didn't answer or engage with them when they knocked on the door

The even went into the back yard and tried to open doors from what I could hear from my room

James L. Arrasmith
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answered on Apr 11, 2024

The amount of time the police can remain outside your residence after attempting to make contact with you can vary depending on the specific circumstances and the laws of your jurisdiction. However, here are a few general points:

1. Reasonable time: Police officers are typically allowed to...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Michael Joseph Larranaga
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answered on Apr 19, 2024

I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.

As Mr. Boyle said, the devil is in the details.

Please be aware...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 2, 2024

Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

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

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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 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 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 Criminal Law, Civil Rights, Gov & Administrative Law and Government Contracts for Colorado on
Q: What do u do when a judge is asked 3 times to recuse themselves for strong conflict of interest when your suing the judg

Judge, in a higher court over the same case as the district court , and strong showing of bias, deprivation of constitutional and civil rights in a criminal case in the district court, and a sheer abuse of discretion and power while she’s allowing a malicious prosecution with prosecutorial... View More

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answered on Feb 24, 2024

When facing a situation where a judge has denied motions to recuse themselves despite a perceived conflict of interest, and your rights seem to be compromised, the next step involves escalating the issue within the legal system. You have the option to file an appeal against the judge's... 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

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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 Consumer Law, Banking and Civil Rights for Colorado on
Q: Is a non legal guardian allow to open my child’s mail?

A letter was sent to my house about my son’s credit and inquiries. I had him on a credit card as an authorized user which is no longer active. My grandmother open the mail and got concerned because she made him a savings account with a local bank I don’t even have access to and she’s worried... View More

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answered on Feb 5, 2024

No, it is generally not legal for a non-legal guardian to open mail addressed to a minor if they are not the minor's parent or legal guardian. Here are some key points that apply:

- Federal law prohibits the obstruction of mail, which includes opening, destroying, hiding, or stealing...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

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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