This will depend on whether your case is a state or federal case. I am licensed in the 10th Circuit Court of Appeals (federal), but not the state of Colorado. Either way there are time and procedural requirements to file your appeal. You should consult an attorney to guide you through the process.
I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... Read more »
It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.
If someone was wrongly convicted and found evidence to prove their innocence how do you bring such evidence to the attention of the court ? This evidence was provided to the public and to the court who refused to address it ? Its concerning mmj red card plant counts .
You would need to file an appeal under Rule 35(c). If you are incarcerated, you should request an attorney to assist you with this. If not, you should consult with a private attorney because these petitions are very complicated and you will need detailed legal guidance.
His charge was escape for not compling with his sentence. And for being a habitual drug offender (non violent). At time of his arrest he didnt have drugs on him just money and bags for his antique stamp collection. And was shown to the court he collected. The money was even eventually returned to... Read more »
There are many attorneys, like myself and others, who do criminal appeals under Rule 35(c). It has been 15 years since the trial, so there are a lot of claims that may be time-barred, which may mean that an appeal may only be successful if there is "new evidence" that has been...Read more »
I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »
I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and... Read more »
I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... Read more »
My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.
Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the...Read more »
I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to...Read more »
The guy who actually took the life took a plea for second degree manslaughter. His buddy who goes to trial is convicted of accessory to the crime of murder. How is it possible to do that if there is no murder conviction?
Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does...Read more »
The answer is "it depends." If there is a no contact order that order does NOT bind the victim from trying to contact the Defendant. This is a dangerous situation - if the person on the deferred judgement receives the contact and then responds to it - THEY would bein violation of the no...Read more »
No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic...Read more »
Presuming I am understanding your question correctly, it looks like your attorney withdrew from your case in April? Appeals and motions can be filed whether you have an attorney or not. All the filing deadlines also apply whether you have an attorney or not.
Judge ordered my tenant out in 48 hrs. but she appealed. The judge set a later date for money damages so there was no money ordered when she appealed. She got bond waived due to formas pauperis .Tenant owes 3 months rent and $700 water bill and continues to live in my home for free with water being... Read more »
It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to...Read more »
This landlord has followed my 16 yr old son to his friends house and is taking picture's and also has been in the house when she thought no one was home, but there was someone home. I don't want her in here until I am completely moved. She has no grounds for eviction and is trying to find... Read more »
You can always tell her no, the issue is whether you can enforce the no via the police or courts. The following and frequent entry into the apartment is very likely overstepping. If you can document this, it might be helpful for the eviction.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.