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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More

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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 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 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 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 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 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: 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 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 and Construction 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

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... 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

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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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?
Michael Joseph Larranaga
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answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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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

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 Real Estate Law and Contracts for Colorado on
Q: I have joint ownership of a small commercial building with my brother. Looking to seperate management and finances.

We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.

Michael Joseph Larranaga
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answered on Feb 27, 2024

You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... 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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