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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

James L. Arrasmith
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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 Criminal Law and Constitutional Law for Colorado on
Q: Left my firearm in brother in laws car who is over 21 what are the repercussions if he got pulled over?
James L. Arrasmith
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answered on Feb 24, 2024

If your brother-in-law is pulled over while in possession of your firearm, the repercussions can vary depending on local laws and circumstances. In some jurisdictions, it may be legal for an individual over 21 to possess a firearm belonging to someone else, as long as they are not prohibited from... 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

James L. Arrasmith
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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 Juvenile Law for Colorado on
Q: My friend handed me a vape and the teacher caught me and now they want to charge me with possession

If the girl says it was hers and she handed it to me would I still be introuble

T. Augustus Claus
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answered on Feb 23, 2024

In Colorado, if you were caught with a vape by a teacher and it's determined to be in your possession, you could still face consequences for possession, even if another student claims ownership and admits to handing it to you. The key issue for the authorities or school administration is the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

1 Answer | Asked in Family Law for Colorado on
Q: I put the wrong city of previous divorce on marriage license. Not the state. Does that make my marriage invalid?

I did not get the state wrong...Only the city of previous divorce.

James L. Arrasmith
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answered on Feb 23, 2024

A minor error such as putting the wrong city of a previous divorce on your marriage license is unlikely to invalidate your marriage. Marriage licenses typically require accurate information about your marital history, but small mistakes or discrepancies may not have significant legal consequences.... View More

1 Answer | Asked in Social Security and Public Benefits for Colorado on
Q: I am on disability due to prior cancer. 5 years ago, how would I check what exactly my med9 states in Colorado?
James L. Arrasmith
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answered on Feb 22, 2024

To check the specifics of your MED9 form in Colorado, which is related to your disability due to prior cancer, you should start by contacting the Colorado Department of Human Services or the specific agency that manages disability benefits in your area. They can provide guidance on accessing your... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

James L. Arrasmith
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answered on Feb 25, 2024

If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments

Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....

James L. Arrasmith
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answered on Feb 24, 2024

No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:

1. Statute of limitations - They can only sue or collect for a limited number of years, which has...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
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answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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1 Answer | Asked in Health Care Law for Colorado on
Q: If I added my husband to my medical insurance befor he died, am I responsible for his medical bills on my insurance?
T. Augustus Claus
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answered on Feb 15, 2024

In Colorado, adding your husband to your medical insurance before he passed away means his medical expenses incurred during the coverage period would generally be handled by your insurance according to the policy's terms, including deductibles, copayments, and coinsurance. However, as for the... View More

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Colorado on
Q: Is expert testimony necessary in smash claims court
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

A Colorado attorney could answer best, but your question remains open for a week. Every state's small claims sections have different rules, but in general, small claims disputes don't usually involve expert testimony. The cases tend to be straightforward, courts want to move them quickly,... View More

2 Answers | Asked in Personal Injury for Colorado on
Q: Can I negotiate a larger settlement than offered by an insurance company that's offering the policy limit?

My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance

Michael Joseph Larranaga
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answered on Feb 12, 2024

That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... View More

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I was evicted and I filed motion to stay and it was granted. My 4 year old is now being take to court for an eviction

The judge told them to remove my daughter from the eviction case. I was then given another court date I signed a stipulation. They didn't remove my daughter. And now are requesting a judgement for possession be granted against her.

T. Augustus Claus
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answered on Feb 9, 2024

In Colorado, if you were evicted and filed a motion to stay that was granted, but your 4-year-old daughter was also named in the eviction proceedings, and despite a judge's order to remove her from the case, the landlord or their representatives have not complied and are seeking a judgment for... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Anthony M. Avery
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answered on Feb 9, 2024

The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Michael Joseph Larranaga
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answered on Feb 9, 2024

I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.

If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice...
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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

James L. Arrasmith
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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 Real Estate Law for Colorado on
Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More

Michael Joseph Larranaga
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answered on Feb 5, 2024

This is a hard one that would require some legal research. Hence, you may want to hire an attorney.

In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
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Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

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