Colorado Questions & Answers

Q: If a 16 year old girl in Colorado wants to have a child will cps be called when she goes into the obgyn?

1 Answer | Asked in Family Law for Colorado on
Answered on Mar 27, 2017

It depends on the case. Doctors and nurses are required reporters for abuse, but the pregnancy of a minor is not necessarily abuse. CPS may not become involved. Usually, pregnancy from 15 years and younger will get a CPS visit. Even if CPS is called, a minor pregnancy is not a per se against the law or evidence of child neglect or sexual assault. If the father is not covered under the safe harbor provision of statutory rape (due to his age), the pregnancy may be an issue for the biological...
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Q: A felony was placed on my record, 11 years ago. I had a career in insurance claims. Will I ever be bondable?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 27, 2017

You may be able to seal the record. All states allow criminal records to be sealed. Some states have special rules for specific crimes. If the conviction was in Colorado, the drug rules in Colorado changed prior to 2008 and again in 2011. If the conviction is 11 years ago, this places you in the prior to '08 rules. This means that only minor offenses and class 5/6 felonies that are NOT manufacture/sale are sealable.Here is the link: http://www.intotolegal.com/upcoming%20Events/Forms.html ....
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Q: I was arrested for a traffic violation and the judge sentenced me to do5 days. The jail refused to release until 5 Days

1 Answer | Asked in Traffic Tickets for Colorado on
Answered on Mar 27, 2017

It is possible for a judge to require jail time for a traffic violation. While this practice is subject to legal challenge in some states (usually via ACLU challenges), there is not clear rule preventing the practice. The warden has no power to nullify a sentence without a court order or authorization by Colorado law. If you feel your rights were impinged, you will need to contact a civil rights attorney. Be forewarned, the dollar value of the potential unjust imprisonment (if you can prove it)...
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Q: Can I challenge temporary or permanent orders in the state of Colorado?

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for Colorado on
Answered on Mar 27, 2017

You can challenge both orders. It is usually unwise to challenge a temporary order because they are of such a short duration (and also not usually cost-effective for the legal fees). Permanent orders can also be challenged by: (1) requesting a rehearing (usually within 21 days of the order), (2) appeal or (3) requesting a modification (this applies most to family cases AND must occur after the cooling-off period and/or meet the changed circumstances requirement).
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Q: If you co-own a motorcycle can the other party keep it from you and then hide the motorcycle is it illegal?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 27, 2017

Repeat question. See prior answer.
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Q: If you co-own a motorcycle can the other person hide it from you and not tell you where it is?

1 Answer | Asked in White Collar Crime for Colorado on
Answered on Mar 27, 2017

Co-owners cannot unreasonably restrict access to jointly held property (i.e. hiding a wholly preventing another party's use). This is likely not a criminal violation per se, but there is a clear civil cause of action. You can likely seek damages in small claims court.
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Q: When property is sold in as is condition can buyers sue for repairs after the fact in Oklahoma

2 Answers | Asked in Real Estate Law for Colorado on
Answered on Mar 27, 2017

This relates to jurisdiction. Unless there is some aspect of the deal in OK (the land, a party, the location where the sale occurred, etc.), OK should not have jurisdiction over the sale.

As a secondary matter the "as is" usually voids/disclaims most liabilities (excluding knowing fraud).

In other words, you likely have two strong grounds to seek summary judgment (defeating a claim before a full trial). You may need to contact a lawyer in OK (esp. if you intended to assert a...
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Q: I live in Colorado the father is not on birth certificate I am moving to Florida and now the father has filed

1 Answer | Asked in Family Law for Colorado on
Answered on Mar 27, 2017

This means that the father is both asserting paternity over the child and he is requesting custody. For you this means the following: (1) you cannot leave the state with the child without a court order (a judge will grant the order, but this may take a few months) and (2) you will be establishing a custody agreement with the father (Colorado favors joint custody, but the intended move the FL may change this so either parent gets primary). The upside is that you will likely receive child...
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Q: How long can they hold someone in jail that has not been charged?

1 Answer | Asked in Criminal Law for Colorado on
Answered on Mar 25, 2017

This is something to bring up with your attorney. If you do not have a private attorney, you should contact the public defender's office.

Assuming a bond hearing occurred, there can be justifiable causes for delay, but there are federal and state requirements related to speedy trial. While there are a lot of exceptions, the basic idea is that a trial must begin within 6 months of a non-guilty plea.
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Q: if Landlord evicts tenant with less than 24 hour notice is tenant bound to communicate with them further?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 25, 2017

I assume this was for a business and not a private residence... Anyway, it is not unreasonable to insist the you exchange keys at normal business hours and at a mutually convenient time (provided that this does not produce unreasonable delay). Beyond that, review your lease agreement. I am still not sure how you have a license agreement...
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Q: My roommate was convicted of child abuse. Can he be evicted and/or lease terminated?

1 Answer | Asked in Criminal Law, Domestic Violence, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Mar 25, 2017

You can try to buy-out the tenant's interest or reach a private agreement for the tenant to leave. You cannot force an eviction or termination of the lease unless you are allowed in the lease agreement. If there is violence directed towards you or the children you can proceed with either an injunction or domestic violence claim (which also grants and injunction). Beyond that you cannot force the roommate out legally. Also be forewarned, if you make the living arrangement too uncomfortable you...
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Q: Why won't my name be put on my 18year old stepdaughter's birth certificate when I adopt her?

1 Answer | Asked in Adoption for Colorado on
Answered on Mar 25, 2017

There is a difference between child adoptions (which does replace the birth parents) and adult adoptions (which does not replace the birth parents). If you proceed with an adult adoption you will receive a certificate from the court and a document from the county recorder. It will look a lot like a birth certificate, but it is not technically the same thing as a birth certificate (technically it is an addendum). That is, officially the 18 year old will have the original birth certificate (with...
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Q: If I purchase a piece of software and my computer can't run it, can I make changes in my computer settings to run it?

1 Answer | Asked in Consumer Law for Colorado on
Answered on Mar 24, 2017

Review the license agreement for the software. Most licenses discourage or prevent reverse engineering, decompiling, etc. If you are making changes to the OS, this is not an issue for the 3rd party software, but the OS license (i.e. Windows, Linux, Apple, etc.). As a general rule, if the OS lets you access basic matters via its own programs it is allowed (e.g. running in compatibility mode or modifications at the prompt level). Lastly, many people do violate licenses in relation to...
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Q: In colorado why is there still child support in a 50/50 child custody situation?

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 24, 2017

First, most custody agreements are not usually exactly 50-50% with the parents having the same income. Second, a joint custody agreement is included in the child support calculation. This occurs via offsetting of support costs found in the Support form (at the end). Finally, the support calculation is based on the child's support as if the parents were still married (at least in concept), that is a higher income parent does not get a discount just because the child is with the lower income...
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Q: Is it against the law in Colorado to take a childs bed?

1 Answer | Asked in Family Law for Colorado on
Answered on Mar 24, 2017

It is not a per se violation of the law, but it can be evidence of child neglect and/or child abuse. The circumstances of the situation define whether the conduction is a violation of the law or not.
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Q: Can I legally adopt my 18yearold stepdaughter who's still in high school w/o notifying the birth mother first?

1 Answer | Asked in Adoption for Colorado on
Answered on Mar 24, 2017

Adult adoptions (for people over 18 years old) are very simple in Colorado and do not require notification or consent from the birth parents. There should not be a trial or appearance in court.

A legal adult adoption does NOT sever the legal bonds to the birth parents (unless their rights were terminated) or change birth certificates, etc. What it does do is cause the adoptee to functionally have 2 fathers, 2 mothers or 2 of both. A legal adoption does create a legal connection between...
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Q: My landlord is claiming that my whole apartment was soaked in dog urine, even in rooms my dog wasn't allowed. What to do

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Mar 24, 2017

If negotiations have broken down, the options are court (small claims or housing court) or a mediator.
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Q: Does a will that left all to one living family need be changed to allow a non family to take possesion of a car?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Mar 24, 2017

If the will does not list an intended beneficiary as either a named individual or as a member of a class it must be modified or created anew to include the unlisted beneficiary.
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Q: can a non family, non benificiary take an auto left in a parents will leaving everything to him w/o benefic change?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Mar 24, 2017

First, review the title. If there are joint owners, the death of one owner automatically terminates their interest, so the other owner(s) get the deceased's interest in the car without having to enter probate (Colorado presumes joint tenancy as default for joint ownership, but it is possible for the title is recorded as tenant in common--meaning the deceased's interest does NOT terminate).

If there are not joint owners listed on title, the title cannot be passed without probating the...
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Q: Are winnings from an art contest considered taxable income?

2 Answers | Asked in Tax Law for Colorado on
Answered on Mar 24, 2017

Yes. If the award is over $600, they are supposed to issue a Form 1099. Either way, it's still taxable. You'd report the income on Form 1040, Line 21 "other income."

I have provided a link to the IRS website page on miscellaneous income.

https://www.irs.gov/uac/reporting-miscellaneous-income
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