Colorado Civil Rights Questions & Answers

Q: I have gotton a ticket from a forest service officer in november 2018 for putting my gate back up he told me that i d

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Answered on Feb 10, 2019
Donald C Eby's answer
This could be complicated, I recommend that you at least spend some time with an attorney to review your title work and other documents to assess the validity of your defense prior to going before the court.

Q: Can the police illegally enter my home and take my husband's 2 service animals and sell them through the Humane Society?

2 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes for Colorado on
Answered on Jan 29, 2019
Juliet Piccone's answer
This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled person's condition absolutely cannot be ameliorated by other means, for example a person or medication that the jail would have to supply. Every jurisdiction is different as far as what notice needs to be...

Q: how do i get help

1 Answer | Asked in Civil Rights for Colorado on
Answered on Oct 31, 2018
Gary Kollin's answer
Hire an attorney

Q: What does the nature and complexity of the action mean?What does potential Merit of claims or defense mean?

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Answered on Oct 12, 2018
Timur Akpinar's answer
I don’t practice in Colorado, but your question hasn’t been picked up for three weeks. Here are some answers for your questions. The nature of an action means how it might be characterized. For instance, is it a contract claim involving a business dispute? Is it a tort claim for negligence or an intentional wrong? The complexity means just what the word suggests. Does the action involve many details, facts, events, actions, multiple legal theories, etc. The merit of a claim goes to the...

Q: I rent a town home the lease is in my name only and i rented out a room and roomates havent paid rent its been 24 days?

1 Answer | Asked in Civil Rights and Landlord - Tenant for Colorado on
Answered on Sep 25, 2018
Donald C Eby's answer
You are the sub-Landlord they are the Sub-Tenants. You'll need to evict through the judicial eviction process. The first step is a proper Demand for Rent or Possession.

Q: If a disabled man gets forcibly removed from his home and then beat and choked, can I defend him?

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Answered on Sep 14, 2018
Gary Kollin's answer
And after you saw this man committing a horrible crime you didn't report it to the police. Unbelievable!

So next time when you are not around he is free to do it again

Q: Can you get in trouble for lying to police in order to press charges on somone?

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on
Answered on Sep 10, 2018
Brian K. McHugh's answer
It is a crime to knowingly give false information to a peace officer.

Q: IF my husband moved out and i moved can he force his right to stay if not on lease at new house?

1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Answered on Sep 4, 2018
John Hyland Barrett III's answer
I do not agree with what the police told you. Perhaps they thought he had lived there before. However, it seems they will not help you. You should file for a divorce so the court can enter orders re this property. You should retain an attorney to help you with this.

Q: I left my laptop that I’m still making payments on at my ex’s House and he pawned it what can I do to get it back

1 Answer | Asked in Civil Rights for Colorado on
Answered on Jun 13, 2018
Gary Kollin's answer
Get the pawn ticket from him and buy it out of pawn before the time elapses.

Report it to the police as stolen. In Florida there are specific laws requiring the pawn shop to allow you to buy it out without the ticket.

I do not know the laws in Colorado. Nonetheless, I believe time is of the essence and you must take action now.

If it is near the expiration of the grace period, you may be able to pay the money to extend the time so the pawn shop does not confiscate it.

Q: My landlord wants to show the house we live in to perspective tentative but we haven’t given him an actual written or

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Apr 24, 2018
Timothy Canty's answer
Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is personable.

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Q: Can I file a police report on my dogs that a KS federal judge ruled in fact were state conversion but now in CO?

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Colorado on
Answered on Mar 27, 2018
Kristina M. Bergsten's answer
No, the police in KS do not have jurisdiction in Colorado and the the Colorado police will consider it a civil matter. You would have to sue the Colorado shelter. But there is case law in CO that says that if the dogs were adopted out to a bona fife third party (meaning a purchaser who didn’t know the background story of the dogs), then you can’t get them back from the new owners.

Q: My cat was temporarily/indefinitely in my mothers care (for personal reasons per our agreement) but now wont return her

1 Answer | Asked in Animal / Dog Law and Civil Rights for Colorado on
Answered on Feb 6, 2018
Juliet Piccone's answer
You can sue your mother for replevin. Unfortunately that is exactly what I had to do for a client whose mother refused to return her dog to her. We were able to get the dog back.

Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Answered on Jan 21, 2018
Adam Kielich's answer
It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your mother should talk to an employment lawyer in Colorado about what happened.

Q: Someone took and sold my puppy without permission after being turned away by police what do I do to get puppy back

1 Answer | Asked in Civil Rights and Animal / Dog Law for Colorado on
Answered on Oct 13, 2017
Juliet Piccone's answer
This is a civil matter. You need to consult with an animal attorney with experience in suing to get your dog back. I have handled dozens of such cases.

Q: Borrowed money to my still husband

1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Answered on Sep 21, 2017
Elle J. Byram's answer
Oral contracts can be valid so long as they satisfy the statute of frauds. I believe yours would satisfy the statute of fraud. The texts messages may actually give you a written contract depending on what is stated in them and whether the essential terms are there - I.e. The amount you loaned him and that it was a loan for the most part. Regardless, if all you have are vague texts and oral agreements it may be difficult to win, but you can always file a small claims case against him (or try...

Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).

Q: Is there any legal action I can take against my soon to be ex for harassment during the divorce?

1 Answer | Asked in Civil Rights and Divorce for Colorado on
Answered on Sep 10, 2017
Tristan Kenyon Schultz's answer
A divorce application does not grant a restraining order against contact. It does prevent parties from leaving the state with children, moving money with approval, etc.

If there is a DV charge (which does grant a no contact order), you can contact the police if you are the victim. If you are the perpetrator you CANNNOT reply--even if your ex initiates contact. Review the no contact order for details.

Note, even with a no contact order scheduling and attendance of court...

Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Sep 8, 2017
Tristan Kenyon Schultz's answer
As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to encourage their children to say that consent was not granted (even if it may have been at the time).

In other words, proceed at your own risk...

Q: Is it illegal for someone to threaten to rape you/send you unsolicited nude photos? Both adults

1 Answer | Asked in Civil Rights, Sexual Harassment and Criminal Law for Colorado on
Answered on Aug 1, 2017
Tristan Kenyon Schultz's answer
At minimum, this would likely be harassment. Whether other criminal charges are a possibility is based on the facts of the case (i.e. the police and DA would need to review all the specifics). Contact your local police to report a crime.

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