Colorado Constitutional Law Questions & Answers

Q: Questioning of a minor bt school administration without parents present after a fight? Then cited by police? Legal?

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Answered on Dec 27, 2018
Mr. H. Michael Steinberg's answer
Totally legal. The only time parents can intervene is when the child is under arrest or is in a circumstance that would be considered the equivalent of an arrest. In that case the child -

If questioned - Would have to be advised.of their Miranda rights and waive them or not - with the consent of a parent or or other legal guardian

Q: nature and complexity of action? potential merit of claims? Exactly what does this mean?

1 Answer | Asked in Constitutional Law for Colorado on
Answered on Oct 21, 2018
Timur Akpinar's answer
The nature of an action is the type of case it is - contract, tort, infringement, etc. The complexity is just what the word means - whether it involves multiple parties, difficult legal theories, expert opinions, etc. Merit essentially means the validity of the action.

Tim Akpinar

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: Is criminal justice a line of work that would be not recommended for women? I've heard many people say it isn't.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Answered on Oct 11, 2018
Timur Akpinar's answer
If you are interested in the field, you should not let such comments discourage you. People say many things about certain lines of work, and such opinions are sometimes based on their personal feelings or the social norms they grew up with. You should try to learn as much about the field as possible before investing your time and money in preparing for it. Forensic examiner work in the criminal justice area could be difficult, as it can involve gathering evidence from crime scenes. But the term...

Q: How come this sounds unconstitutional??

2 Answers | Asked in Criminal Law and Constitutional Law for Colorado on
Answered on Oct 5, 2018
Gary Kollin's answer
Is it like yelling fire in a movie theatre even though you never set a fire which is illegal?

You can do legal research on the internet or go to the library. However, this is not a classroom

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: 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 nephew, who is a U.S. citizen, was sent by CPS to live with his Mexican father two months ago. How do we get him back

1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on
Answered on Nov 28, 2017
Stephen J. Plog's answer
Unfortunately, under Colorado law, you likely do not have what's called "standing," meaning the legal right to seek custody of the child, given that he is in the care of a parent. Grandparents or great grandparents could potentially seek grandparent visitation, but aunts and uncles have no legal rights in a situation like this.

Q: Can a woman, in Colorado, consent to sex if they weren't drugged but got intoxicated on their own free will?

1 Answer | Asked in Constitutional Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Jun 29, 2017
Tristan Kenyon Schultz's answer
This is a very fact-specific matter, but the general rule is that Colorado does NOT consider an intoxicated person capable of consenting to sex. This can occur whether or not the accused actively participated/encouraged/facilitated the intoxication of the victim or not.

Q: I am employed at a public (government funded) pool and we had members of a religion attempt to come in and solicit

1 Answer | Asked in Juvenile Law and Constitutional Law for Colorado on
Answered on Jun 20, 2017
Tristan Kenyon Schultz's answer
Private property, even if wholly funding by the government, can lawfully restrict use/actions of any "visitor" with or withhold cause for any reason. Note this is very broad (hence why some court clubs in the south still lawfully restrict African-Americans and other groups from use and membership).

For government property, certain 1st Amendment free speech rights, etc. apply in "public use" areas. In that case, you are correct the "negative" Establishment Clause prevents the government...

Q: I was a domestic violence victim and I called the police many times on this night in March thay sed thay came but never

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Colorado on
Answered on Apr 18, 2017
Tristan Kenyon Schultz's answer
In Colorado, a report of domestic violence must be investigated by the police. There are some exceptions (usually tied to inability to discover the location and/or unavailable police officers). The statute does not have a penalty section per se if the police do not arrive, but a systematic pattern of ignoring multiple complaints may result in a legal cause of action for the victim. If this continues to be an issue make sure to document the calls.

Q: Possible contempt of court proceedings for not appearing for jury duty when the jury summons was never received?

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Answered on Apr 4, 2017
Tristan Kenyon Schultz's answer
You can claim that you were not provided notice, but this won't excuse the appearance obligation. You can be held in contempt for non-appearance. This type of proceeding is relatively rare, and usually if you show up for jury duty (without incident) nothing happens. In the rare cases where contempt hearings do occur, the usual penalty is financial over jail time AND you are required to immediately appear for a jury.

Q: The Secretary of State's office told me it is "impossible" to recall a US Senator. Is this true?

1 Answer | Asked in Constitutional Law for Colorado on
Answered on Feb 2, 2017
Tristan Kenyon Schultz's answer
Recall elections are highly technical matters. Only highly specialized attorneys have sufficient knowledge to assess a claim and provide guidance. As a result, you will need to contact an attorney with a specialty in election law directly. Be warned, this type of attorney does not come cheap.

The basic process is that you need to gain sufficient signatures (the amount varies based on the population for applicable voting district, but the numbers should range between 7,000-40,000...

Q: how can probation officer violate felony probationer 10 days prior to the end of sentence...?

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Answered on Jan 24, 2017
Tristan Kenyon Schultz's answer
I cannot comment on the correctness of the PO's actions. One factor is that the parole system is horribly overloaded--this leads to delays. It is possible that the monthly appearances and heavy caseload caused the PO to not review whether all the terms of the parole were complied with. While this is a very long delay, if parolee did not comply with the terms of the parole, the parole was arguably properly revoked. If you feel that something improper occurred, you can contact a criminal law...

Q: During Suppression hearing, our lawyer asked that the police testimonies be thrown out since they were not matching

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Colorado on
Answered on Dec 19, 2016
Tristan Kenyon Schultz's answer
Since I was not there and I do not know your case, I cannot comment on all the particularities of your case. I can, however, provide general information. A suppression hearing (often attached to a motion in limine) is nothing more than a request (usually by the defendant) to exclude evidence from trial. From your facts it sounds like the motion was based on conflicting information of the officers.

There are several legal reasons for suppressing evidence ranging from serious police...

Q: why is pyisican assisted suicide illigeal

2 Answers | Asked in Constitutional Law and Criminal Law for Colorado on
Answered on Sep 11, 2016
Tristan Kenyon Schultz's answer
It goes back to English law (which the US adopted). There are two concepts: (1) under old (midlevel) English law suicide was illegal [this prevented a suicide victim from being buried at the local parish graveyard] and (2) under English law (which is still true and generally still true in most of the US) it is a crime to intentionally kill a person (i.e. murder or manslaughter). Note: both of these ideas originate from the Canon law (read: the Bible). The US and the UK have dropped the...

Q: Can a person be charged for a stolen item that had been pawned on the same pawn ticket and the other items be legal.

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Colorado on
Answered on Aug 13, 2016
Tristan Kenyon Schultz's answer
As a general rule, the verification applies to all items that were pawned. The facts and circumstances of the case may change the general rule.

Q: Can I be ordered to stay 100 ft away from some one that works in a government office and I need to file an appeal?

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Answered on May 9, 2016
Tristan Kenyon Schultz's answer
Review your protection order. As a general rule, parties are allowed to appear to court, participate in mediation, and file court documents PROVIDED you do not attempt contact (unless it as a witness in trial or as a participant to mediation). As for the not speaking about the last 8 years, I'm not sure what you mean.

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