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Colorado Questions & Answers
1 Answer | Asked in Criminal Law for Colorado on
Q: Who can I talk to about the fetzer law and how i can help someone in prison who I think should fall into that

So he got his case I believe in 2006 and has was in prison for 13 calendars it was originally a 30-year sentence he recently was on parole and caught a charge a charge on parole. He was in Jefferson county fighting this case that he has opened for possession which he was there because he violated... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2021

I am not sure, but it looks like you are concerned about a Jefferson County, Colorado Case, not Tennessee.

Re-Ask your question on the Colorado Forum.

1 Answer | Asked in Probate for Colorado on
Q: CRCP Rule 12. Petitions Must Indicate Persons Under Legal Disability Can this be used by a person with health issues?

My wife is the PR for an estate and health issues have prevented her from meeting requirements.

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

It sounds like your wife has a physical disability, not a legal disability. An example of a person under a legal disability would be a minor because minors cannot LEGALLY enter into contracts or receive inheritances in their own individual names.

1 Answer | Asked in Personal Injury for Colorado on
Q: What is the standard percentage of a settlement for attorney's fee?
Tim Akpinar
Tim Akpinar answered on Jan 13, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. As a GENERAL practice across the nation, most personal injury law firms handle cases on a contingency basis where their legal fee is generally one-third. Under such arrangement, the attorney fee is owed only upon a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2021

He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the... Read more »

Donald C Eby
Donald C Eby answered on Jan 12, 2021

The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: What kind of POA do I need for court

My roommate needs to file an appeal for a court case she has involving our dog but she is away at treatment and can’t physically be present at court. What power of attorney can I use granting me permission to file the appeal on her behalf?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 12, 2021

There is probably not anything you can do to get a POA for her if she is not suffering from a medical debilitation. She needs to contact an attorney to file the appeal. She can give you permission to do it for her, but the attorney will probably need to see something in writing. You should double... Read more »

1 Answer | Asked in Tax Law, Workers' Compensation, Business Formation and Business Law for Colorado on
Q: Do I need Workers Comp for a Single Member LLC when it's just me?

I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2021

No, not required.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If the petitioner passed away, is the court order still valid?
Sean Maye
Sean Maye answered on Jan 8, 2021

Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one... Read more »

1 Answer | Asked in Juvenile Law for Colorado on
Q: I’m 4 months from 18. I have a job and a home I have my stuff at. My mother kicks me out all the time. Can I leave?

I’ve been physically and emotionally abused all my life. She’s hit me recently. My bestfriend of 5 year is offering me a home and her mother wants to help me. What can I do? I have money and I’m graduating hs early. Can I move out early?

Cindy Perusse
Cindy Perusse answered on Jan 7, 2021

The age of majority or when you are a legal adult in CO as other states is 18 years of age. Until that time, your parents are legally responsible for you. A child is required to stay in high school only until he or she is 17. After that the child does not need their parents' to quit.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My parents are living in their own home and are both listed as owners. Do you recommend a trust? I am their son.

They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.

They are 88 & 91.

Timothy Canty
Timothy Canty answered on Jan 6, 2021

There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: My husband wants a trial separation. Do we need this in writing legally so it won’t be considered abandoning the marriag
Sabra M. Janko
Sabra M. Janko answered on Jan 6, 2021

You can file for a legal separation, however most people file for dissolution instead. If you want to have a trial separation, you can do that without court action however each of your interests in marital property will continue to accrue.

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1 Answer | Asked in Criminal Law for Colorado on
Q: Im looking for a or away to get hubby a bond loophole even my husband got arrested on Dec 26th for a 3 degree assault

Domestic violence and restraining order violation it's a low class misdemeanor well his health is bad I mean really bad he's he has stage 5 renal failure which is kidney failure he's on dialysis so he's not even a Flight Risk because if he doesn't take his dialysis he will... Read more »

Sean Maye
Sean Maye answered on Jan 4, 2021

He likely already has a bond because they cannot confine him indefinitely without a bond. There are ways of verify what the value of his bond is. You will need to consult with a lawyer on this. Being that he has a bond, to get him out on that bond, someone will need to pay it or otherwise... Read more »

2 Answers | Asked in Domestic Violence for Colorado on
Q: I have an open domestic violence case. My wife took the kids and left the state.... Does she have to show up in person?

I was thinking because of covid could they web ex her?

Sabra M. Janko
Sabra M. Janko answered on Jan 4, 2021

It depends on the court. Many courts have changed to Webex for COVID reasons. The Court will inform you and her of the hearing procedures. You could also check the court webpage and you can find information there are hearing procedures.

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1 Answer | Asked in Car Accidents and DUI / DWI for Colorado on
Q: Do I need a lawyer for first time DUI and Leaving the scene of accident?

I tied to qualify for public defender however, my pay would not allow it. I had my first appearance on the 29th. All the judge did was ask if I had an attorney, and since I did not he rescheduled my date to March. Why did it get rescheduled? Is he implying that I should get a lawyer?

Sean Maye
Sean Maye answered on Jan 4, 2021

You absolutely need a lawyer. DUIs, let alone those involving injury/accident, are very complicated. Call an attorney like myself for a free consultation at least.

As for your court dates, yes the Court is implying you need lawyer. Typically, if you don't have a lawyer when in Court...
Read more »

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »

Donald C Eby
Donald C Eby answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... Read more »

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1 Answer | Asked in Divorce for Colorado on
Q: How long does my spouse have to serve me after filing divorce paperwork with the court?
Sabra M. Janko
Sabra M. Janko answered on Jan 2, 2021

An initial status conference will be scheduled within 42 days after filing and generally the filing party has to establish service at that time. If service has not been accomplished in that time then the filing party will have to explain why it has not been accomplished and request an extension.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What recourse do I have if the child support office messed up my child support and have not received anything in 2mo?

My support was lowered in sept. I continued to received the same support in sept and oct because the child support office had not processed the court order yet. I had not received anything since Oct 7th and was told by them that was due to the modification and had been paid more in sept/oct. Made... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 2, 2021

I am sorry to hear about your situation. Everything that you are describing sounds possible. For example, your ex's payment could have been garnished for another debt. You might request a copy of the support documentation from the caseworker to review or ask to speak with a manager who might... Read more »

2 Answers | Asked in Criminal Law, Constitutional Law and International Law for Colorado on
Q: Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally?

Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 30, 2020

You have a tricky situation:

I would approach it this way. I would contact a very good criminal lawyer in the jurisdiction where the criminal action is lodged and abide his advice. If your theory (or any theory) is correct, then you can attack the passport problem once you have your...
Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Hi, I would like to file child support from my ex husband. I'm currently not working. my current spouse supports me.

Do I put my husbands income down on the financial statement?

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2020

Your current spouse's income does not count towards child support for a child of another marriage. You just put down your income.

1 Answer | Asked in Immigration Law for Colorado on
Q: VAWA GREEN CARD HOLDER WITH CLOSED ASYLUM CASE

I applied for affirmative asylum in the past but before I was called for the interview I obtained my green card through VAWA. I have now closed my asylum case since I'm now a permanent resident. Can I visit my home countryto visit my sick mum? Will I have problem with point of entry officers... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 29, 2020

When you apply for NATZ the USCIS can revisit the asylum application and whether it had merit.

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