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Colorado Questions & Answers
1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on
Q: Are there laws to protect people who get attacked/chased by “service animals” who are not on leashes and aggressive?

The dogs are aggressive and chase me and my dog who is on a leash beside me. I’m afraid to leave my apt. What do I do?

Kristina M. Bergsten
Kristina M. Bergsten answered on Apr 15, 2021

Yes. Service animals are required to be under the owner’s control at all times. So the dog cannot chase and attack you and be exempt from the law. Such behavior could fall under Colorado’s dangerous dog statute. If you are being chased or attacked by any dog, regardless of designation, you can... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: where can I find information about prisoner trading between states?

My son is incarcerated in Texas, but his home state is Colorado. I would like to know where to find the information I need to possibly get him traded back here to Colorado where his family is.

Brian K. McHugh
Brian K. McHugh answered on Apr 13, 2021

That is strictly a matter for the Colorado Department of Correction and the Texas Department of Corrections. However that does not mean you have hit a brick wall. Call Colorado DOC's main number and asked to speak to the person in charge of inmate relocation. You may hit a brick wall at that... Read more »

1 Answer | Asked in Criminal Law, Communications Law and Gov & Administrative Law for Colorado on
Q: Do I need to be on call to testify in court if I never received a subpoena in Colorado?

I was involved in an armed gas station robbery in 2019. DA called me Feb. of this year and admitted they were sending everything to the wrong person with my same name despite having my police report and information. They said the lead investigator would call me in March. Never did. I finally called... Read more »

Brian K. McHugh
Brian K. McHugh answered on Apr 13, 2021

If you have not been personally served with a subpoena you have no legal obligation to appear. However, I assume you are important witness since, as you say, you were "involved in an armed gas station robbery." Unless you were a participant, you might want to give some thought to... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: Can i beat a careless driving ticket in court if i have a video of the accident?

I wasnt tailgating Or even speeding when i ran into the back end of another vehical, and the video shows this .

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 12, 2021

You might be able to do so, however, the fact of the collision does not help your defense. My recommendation is to contact a traffic ticket/criminal defense lawyer in your area, and when you meet with them, bring the video and discuss your options at that time.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If mental health is brought forward by the other parent and I’ve had my children for the last year but we do have a

Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 6, 2021

You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Am I supposed to be paid tipped minimum wage when I pool my tips with management and BOH?

At my job, FOH employees are paid tipped minimum wage- $9.30. FOH employees receive tips, which are pooled and also shared with management and BOH employees, of which both groups receive at least minimum wage or higher. I read a passage on the Colorado department of labor website stating that... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Tip credit and tip pooling are two different things. A tip credit is when an employer pays you less than the minimum wage ($4.25 per hour for instance) and gets a credit from the tips you receive to count toward its obligation to pay minimum wage ($9.00 per hour for example).

The DOL...
Read more »

1 Answer | Asked in Business Formation for Colorado on
Q: How to move a Nevada LLC to Colorado? I want to preserve the company history and EIN but I don't want in Nevada anymore.

I have a Nevada LLC and I want to move it to Colorado where I now live. I want to preserve the company history, EIN, etc. so not start a new LLC but just migrate it to a new state. What's the best way to do this? I heard creating a new LLC in Colorado and merging the Nevada one into it, but... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 30, 2021

Yes.

You can create a new CO LLC and have that LLC acquire the NV LLC. Then merge the two with the CO LLC surviving.

Or

File a foreign registration in CO for the NV LLC. Then convert the CO foreign LLC to a domestic LLC.

Dissolve the NV LLC.

That moves...
Read more »

1 Answer | Asked in Animal / Dog Law and Libel & Slander for Colorado on
Q: When are constant calls from animal control harassment? And what can be done?

My dad has a great Pyrenees Moutain dog. The dog lives outside to protect the chickens. Animal control has come to confirm that he has, food, water, shelter, and updates on his shots. We provided all of this and they said we are good But someone in our neighborhood is constantly calling in about... Read more »

Juliet Piccone
Juliet Piccone answered on Mar 30, 2021

Your dad is being lied to. Have him submit a Colorado Open Records Request (most have a form on their websites) to the law enforcement entity(s) asking for all records of all complaints related to his address for the past year. Those are PUBLIC records and more importantly they are records... Read more »

1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I need help with divorce and with our green cards, do we lose all that by getting divorced?

I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »

Agnes Jury
Agnes Jury answered on Mar 29, 2021

This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

I would recommend you do a consultation...
Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is my ex allowed to get our son vaccinated without my consent?

I am my sons primary parent, I have him all week and his mother has him on the weekends. Also we have never gone to court for custody. She has just never really been in his life fully

Sabra M. Janko
Sabra M. Janko answered on Mar 27, 2021

If there is no allocation of decision-making responsibility then either parent can make a medical decision for the child.

1 Answer | Asked in Personal Injury for Colorado on
Q: My water heater in my appartment was leaking and created a lot of bad mold, got me sick. Do I have grounds for sueing?

The flood unit is coming by tomorrow to assess. I asked if it was safe, they said no, not ideal. No offers to put me up in a hotel or another apartment. I've been sick for well over a month with extensive lung and throat damage. No idea on how long it has been leaking but there was no water... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 24, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, mold cases can be difficult and some law firms do not like to handle them. The injuries and damages tend to be less clear cut than in other forms of injury cases. In terms of your... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: The father of the child wants me to get an abortion but threatens to get custody if I have the baby. If he lives out of

Of state and the baby is born in MO, can he legally get custody if child is established in MO?

Sabra M. Janko
Sabra M. Janko answered on Mar 24, 2021

I am sorry to hear about your situation. He can petition for custody regardless of where the child is. That does not mean that his request will be granted. Courts consider the best interests of the child legal standard when deciding custody matters.

1 Answer | Asked in Products Liability and Employment Discrimination for Colorado on
Q: Is this a case you can take and win?

I bought an electric Mtn-bike:

I attempted to return the bike within the allotted time (30-days), but the E-bike company kept avoiding my request and offered to send me out more brake pads.

Return Policy:

The Ebike X-Treme return policy is clear. After you used the bike it... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. I hope your son is okay. In terms of your question, no one could answer that based on these facts alone. One would need more information in terms of why the bike couldn't stop, among other issues.... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: I would like to know how it is possible to be charged with felony assault from a compulsive liars "word" no Witness

And no investigation of me by any phone calls or interviews or contact. Warrant took 8 days to be put through since incident. Tried and couldn't find out if under investigation during that 8 days. How can this be done with no evidence just her lies? This is ruining my life. She is also not a... Read more »

Sean Maye
Sean Maye answered on Mar 23, 2021

Unfortunately, this happens a lot. Especially if the accuser is in an intimate relationship with the accused person and the allegations involve domestic violence. A case like this, with a significant lack of evidence, is very defensible. Consult with an attorney ASAP to assess your best options.

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1 Answer | Asked in Child Custody for Colorado on
Q: How long can a child be kept from home before county or state must file paperwork
Sabra M. Janko
Sabra M. Janko answered on Mar 23, 2021

It depends on whether there is a court order or not. If there is a parenting time order, each parent's time is governed by that and law enforcement will enforce the terms of the order. If there is not an order, the matter may be one of parental kidnapping, however law enforcement may view it... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Non custodial parent zero parenting time/zero custody has kept kids (2 of them) stimulus checks is this fair?

I have full custody and there has been zero contact w/non custodial parent who gets exemption every other year due to divorce decree. He kept their stimulus (2 kids) and is going to keep the extra child tax in July - the tax to end child poverty that he has had no children in his care - at all. Can... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 23, 2021

If you are unmarried and filing separate tax returns, the stimulus check is based on each person' prior income and is not specifically intended to go to children so each party would keep his or her own. As for the extra child tax credit, it depends on what your agreement says. However... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: I live in another state but father lives there. Is there any way of finding him?

Child Support Enforcement here keeps asking me for his address and employer.

Sabra M. Janko
Sabra M. Janko answered on Mar 22, 2021

Child support enforcement has location methods. You could also have a skip trace done privately to attempt to locate him. They possibly could do the same.

1 Answer | Asked in Estate Planning for Colorado on
Q: Was my brother allowed to cremate with out consent of siblings to cremate our father?
Sabra M. Janko
Sabra M. Janko answered on Mar 20, 2021

If he was the personal representative of the will, he could. Particularly if your father indicated that cremation was his wish.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What could happen to me if I retract a statement
Sabra M. Janko
Sabra M. Janko answered on Mar 20, 2021

It depends on what type of statement and how you retract it. If you say that you made a false official statement, then you could subject yourself to false reporting consequences.

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