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1 Answer | Asked in Traffic Tickets for Colorado on
Q: I lived in Colorado 10yrs ago, and got a ticket that year (sometime between April 2013-May 2014) that I had forgotten ab

Well, I went to renew my Texas drivers license today and was told that I can’t because of this ticket. How in the world do I even address this? What’s that statute of limitations?

Kimberly Diego
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answered on Jul 5, 2024

A warrant in a traffic case will cause an OJW hold on your license. You will simply need to resolve the outstanding ticket. If you retain a Colorado attorney, they can file a motion asking to vacate the warrant and schedule the case for appearance and resolve the ticket. The clearing of the... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Traffic Tickets for Colorado on
Q: I was stopped for speeding. 52 in a 30. Seems fast to me but I'm not contesting I was going faster than the S. Limit.

Should I go to court and talk to the judge about lowering points (possibly the fine too)? I've lived here (in CO) 10+ years & have never received a ticket. I'm normally a cruise control guy & don't speed. I support a family of 6 on 1 income (mine) and I drive for work... View More

Kimberly Diego
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answered on Jul 5, 2024

It would be the prosecuting attorney to whom the request for the reduction in points could be made. You may improve your probability of getting a suitable reduction by proactively engaging in a traffic class offered through court approved providers such as CIMA or ISAE. Different jurisdictions... View More

1 Answer | Asked in Tax Law for Colorado on
Q: IRS taking 10+ weeks to return my money wrongfully taken out. Can I sue?

I owed and payed off but they took the sum out again even though I already paid. Have contacted them several times by phone and tried to make in person meeting but they are booked out the next 60 days. Tried to fax a form 911 for TAS to help but getting error messages for their fax number. Called... View More

James L. Arrasmith
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answered on Jun 27, 2024

While I understand your frustration with this situation, here's an overview of your options and some considerations:

1. Suing the IRS:

It's generally not advisable to sue the IRS over delayed refunds or processing errors, especially within this timeframe. Courts typically...
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1 Answer | Asked in Immigration Law for Colorado on
Q: i would like to find a lawyer to help me expedite my asylum interview for humanitarian reason for reasonable price.

i applied asylum in Mars 2016 and still waiting for interview , and my mom just passed away a week ago. And while waiting my dad passed away 3 years ago. I dont know what else to do.

James L. Arrasmith
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answered on Jun 25, 2024

I'm sorry to hear about the loss of your parents and the difficult situation you're facing with your asylum application. Here are some suggestions that may help you find a lawyer to assist with expediting your asylum interview:

1. Contact local non-profit organizations...
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1 Answer | Asked in Copyright, Entertainment / Sports, International Law and Intellectual Property for Colorado on
Q: Can I link to copy-righted material on Patreon?

I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?

James L. Arrasmith
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answered on Jun 19, 2024

Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:

In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement...
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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Colorado on
Q: Can I ask the attorney what questions they will ask me at a deposition prior to the meeting?

I have a deposition approaching can I ask which questions will be asked ahead of time?

Michael Joseph Larranaga
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answered on Jun 19, 2024

It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.

That being said, there are very limited instances where your attorney may stop the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I live on a property I was fired from and the new manager brought me a paper saying I had to be out in ten day not

Signed. Has a typed name of owner. No contact was ever made. No post for other employees to know of job opening do I need to leave in the ten days

James L. Arrasmith
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answered on Jun 15, 2024

Receiving a notice to vacate the property within ten days can be alarming, especially if the notice is unsigned and lacks proper formality. It's important to understand your rights as a tenant, even if your housing is tied to your previous employment.

First, verify the legitimacy of...
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1 Answer | Asked in Criminal Law for Colorado on
Q: How do I go about this situation, and keep my phone without going to court?

My mom got charged with assault against me and cannot come anywhere near the home or contact me. My car is in her name even though Ive spent 2k on it, and she also bought my phone for me. She sent officers to my work today and they told me that she wants the phone back (keep in mind im 18, and she... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry you're going through this difficult situation. Since you are 18 and your mom bought the phone for you when you were 17, it complicates things slightly. However, if the phone was a gift, you may have a claim to it.

First, gather any evidence that the phone was given to...
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2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Civil Litigation, Family Law and International Law for Colorado on
Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is... View More

James L. Arrasmith
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answered on Jun 6, 2024

While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either...
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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

James L. Arrasmith
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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 Traffic Tickets for Colorado on
Q: While I was driving Uber I saw a cop before I reach the stop sign. Once I pass him I completely stop, but he give ticket

I was having a customers which all of them agree with me that I make full stop. But the cop keep pushing on giving me a ticket, I wish I have a dash cam, but unfortunately don’t. So what can I do

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Best is to get a traffic ticket attorney. Or you can plead not guilty and subpoena the Uber customers to testify that they saw you make a complete stop. But the Court is not obliged to believe them even if they show up. You will end up with unhappy customers who will complain to Uber. Thank you for... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: Court Process Server question.

I received a call from a court process server stating he was at my apartment to serve me legal documents. I was unfortunately not home, and called him back as soon as I got the voicemail. We spoke and he stated he would put me on his schedule for the following day at 1PM. I waited and he never... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

You should wait to be contacted again. Many things could have happened to prevent the process server from coming at the pre-arranged time. That being said, it wouldn't hurt to check with the court to see if something has been filed stating either that you were served (even though you know... 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

3 Answers | Asked in Bankruptcy for Colorado on
Q: Reaffirmation on Vehicle in Chap 7 Bankruptcy

I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More

Martha Warriner Jarrett
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answered on May 21, 2024

No, you do not need to do anything. As a courtesy, let the lender know. There is no obligation to reaffirm a car loan. Reaffirmation agreements need to be approved by the court and even if you get to court, the Judge will often try to talk you out of reaffirming. If you live in a state like... View More

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3 Answers | Asked in Bankruptcy for Colorado on
Q: Reaffirmation on Vehicle in Chap 7 Bankruptcy

I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More

James L. Arrasmith
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answered on May 21, 2024

In a Chapter 7 bankruptcy, if you initially stated your intention to reaffirm your vehicle loan but later changed your mind, you are not legally obligated to complete the reaffirmation paperwork. You have the right to change your decision at any point before the reaffirmation agreement is filed... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: CO divorce If client suffered financial loss due to lawyer’s negligence and lawyer has left firm, is firm liable?
Christopher N. Little
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Christopher N. Little
answered on May 19, 2024

I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.

As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the...
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