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Colorado Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... Read more »

Donald C Eby
Donald C Eby answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Colorado on
Q: For the last year I have been dealing with my boyfriend’s ex. I have dealt with defamation and lies she makes up on

social media. She constantly makes various profiles to try and contact me and has added my friends and family. Over the last year she has sent people to break my car windows on 4 separate occasions, yet the police say that the video footage is not enough to connect the vandalism to her. I would... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

It depends on the nature of the communications. As for the photos, you would have to connect her to the damage somehow.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

Q: An interviewer of a fortune 500 company told me i couldnt do the job because of my disability
Carrie Dyer
Carrie Dyer answered on Jun 10, 2020

Your question does not provide enough detail to analyze whether this would violate the law. If you are an otherwise qualified individual who was not offered the position because of your disability, then you may have a claim under the Americans with Disabilities Act. However, you would not be... Read more »

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Colorado on
Q: I have FAC coming up on the 9th, do I than file for a motions hearing to hear all the facts of the case? I

I'm also not entering in a plea. I will be challenging jurisdiction

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

If you are talking about an FAC and a plea, this sounds like it might be closer to criminal law than maritime law (unless there are facts not mentioned that would be relevant for the Admiralty/Maritime category). Since time is of the essence in your matter, you might have better chances of a prompt... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: I want to ask a question: do I have rights of freedom expression in my own apartment?

I am speaking in my apartment, but someone use it as discrimination against protected class, what should I do?

Tim Akpinar
Tim Akpinar answered on May 25, 2020

I'm sorry for your difficult situation, but freedom of expression is generally something associated with state action on restricting speech, not usually something that applies to private settings. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Civil Litigation for Colorado on
Q: Looking for advice on a civil case

I'm the plaintiff in a civil case, yesterday was our first day in court. The defendant had not filed a response, the judge told her she had to file yesterday and give me a copy yesterday. I did not receive it. What can I do now?

James Avery
James Avery answered on Apr 2, 2020

File a Notice of Default.

1 Answer | Asked in Civil Rights for Colorado on
Q: So in layman’s terms, a handgun can or cannot be loaded in a motor vehicle? Appreciate your assistance
James Avery
James Avery answered on Apr 2, 2020

This is a criminal law question. Resubmit to ‘criminal’ lawyers if you were arrested. If you were legal to carry a gun, and arrested, then it might be a false arrest scenario.

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: What can I do to enforc my right to due process? my right to a lawyer was stolen by police when they lied "ERRORED"

No due process? I was not given a lawyer and falsely arrested for fleeing. I committed no crime and video shows no probable cause to pull me over. I was pursued 2 blocks from home where officers were on a call from a caller who said I was dead. (NOT SUICIDAL) dead because of suicide. It was obvious... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police investigations can sometimes be obtained by reporting an egregious event to the FBI, or Internal Investigations of the subject police department.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 11, 2020

You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there... Read more »

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2 Answers | Asked in Tax Law, Civil Rights and Constitutional Law for Colorado on
Q: Lyft claims that drivers are to pay income tax on the amount the passenger pays, not the amount the driver receives.

How is this legal, given the fact that Lyft does not disclose the full fare amount to the driver? Drivers are "agreeing by contract" to pay taxes on an unknown amount? How is this even close to legal? If state tax is included, a driver can pay more than 50% of their actual income to... Read more »

David Ostrove
David Ostrove answered on Feb 23, 2020

It all depends on what is being deducted from the Lyft driver's gross income. If it is something that the employer is required by law to deduct, then most likely the Lyft driver will need to report the gross amount, not just the net amount received by the driver. That of course is true of all... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: I’m 23 I live in Colorado and have for two years. Can Georgia put Me in prison for interference with govt. property?

There was a dispute at a bar, I was severely intoxicated, detained and ended up with an interference with govt property charge. This happened before I moved to CO. I work at the airport and just lost my security clearance until there’s a disposition and have to go back to Georgia, which I can... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 29, 2019

If I understand you correctly, you were charged in Georgia. If that is the case, you should direct this question to attorney in Georgia. Colorado and Georgia law unlikely to be the same in your situation.

2 Answers | Asked in Criminal Law and Civil Rights for Colorado on
Q: If we are not legally required in Colorado to speak to police/open the door, how can a warrant be issued

In Colorado from my understanding we are not legally required to open the door if the police knock nor do we legally have to speak to them without a warrant. So how can they issue warrants for failing to do so, or at all until they speak with you? Shouldnt theu issue a summons for questioning... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Colorado on
Q: How can a warrant be issued for a crime if law enforcement does not make contact with you to question you of crime?

Example: My sister was on vacation. She was not home when police came to speak with her Son who was believed to have sent a friend an image of buttocks. She finds out over 4 months later her 13yr old child has a no bond warrant. This was the first anyone had heard of the image, the attempted... Read more »

Andrew John Contiguglia
Andrew John Contiguglia answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Civil Rights, Consumer Law, Small Claims and Criminal Law for Colorado on
Q: My friend stored my wedding dress at her house. I have asked her for it back. She says she never had anything. Help!

This happened in Colorado, I now live in Kansas. I've asked to have a friend come by and pick up the dress. She says she never had anything. Can I sue her for the amount of the dress or the dress back?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2019

Such a case could be difficult without some form of proof. A judge/jury would look at your assertion and the other side's denial, and not have a means of deciding the matter without some evidence to support your position. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: Pulled me over for taking snap chat pictures of car on bricks? That’s my right to take pics?

Snapchat sent to gf on business training trip two city’s up from mine pulled over for “tinted windows” questioned about stolen car on bricks?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

Sounds like he claimed he pulled you over for the tine, at least that was the pretext. Is tint okay or questionable?

If actually only for photographing, then illegal

1 Answer | Asked in Civil Rights for Colorado on
Q: permanent protection order 17 years ago due to neighbor feud. Moved 15 years. Denied conceal carry, anything I can do?

We were also given a Protection order against them.

Gary Kollin
Gary Kollin answered on Aug 30, 2019

Go to court and ask court to rescind order

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Q: My homeowner's association has posted signage prohibiting open carry in the building I live at.

They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue... Read more »

Donald C Eby
Donald C Eby answered on Aug 17, 2019

A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.

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