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Colorado Constitutional Law Questions & Answers
1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

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 »

Charles William Michaels
Charles William Michaels answered on May 11, 2020

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

1 Answer | Asked in Constitutional Law for Colorado on
Q: Is it legal in Colorado to openly carry a fixed blade knife on your belt
D. Mathew Blackburn
D. Mathew Blackburn answered on May 1, 2020

Yes, almost all knives are legal carried in the open. Ballistic knives are illegal to own and therefore would be illegal to carry. It's illegal to conceal a knife with a blade over 3.5 inches. CRS 18-12-102.

Various places may restrict weapons beyond the restrictions of state law.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: son incarcerated fines waived because he is indigent others denied why and is there anything else he can do ?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

Some fines are mandatory and cannot be waived, even if indigent. Best thing he can do is get on some sort of payment plan with the court.

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 Domestic Violence, Family Law, Child Custody and Constitutional Law for Colorado on
Q: Is it illegal for CPS to permanently place my kids with my absusers sister with a protection order in place?

The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 23, 2020

An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Is it legal for Colorado Springs jail to make inmates strip and sit outside in 36 degree weather for an hour??
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends on their circumstances. Sounds cruel and unusual, but what do they say is the reason they did it? and then what are your damages? It's not something that will just get a criminal case thrown out since it was post-arrest.

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.

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 Admiralty / Maritime and Constitutional Law for Colorado on
Q: I have been introduced to a legal experiment regarding constitutional law. Could someone evaluate the following ?

We are defrauded at birth and made a corporation under Admiralty Law.

The registration of live births in America and throughout the former British Empire, most of Europe, is used not to simply record the birth of babies, but to name commercial "vessels" after those babies. This... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2019

This does not appear to be something the average maritime practitioner dealing with ship collision, ship arrest, Jones Act, cruise ship, boating accident, or salvage cases would know about. A tax attorney might have deeper insight.

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: If I get into a fist fight with my girlfriends brother in their parents house, what happens if police get called?
Jonathan Greenlee
Jonathan Greenlee answered on Jun 28, 2019

Unless you are acting in self defense (acting reasonably against an imminent threat of injury to you or another) and did not provoke the fight, you could be charged with a wide range of offenses, depending on the severity of any injuries inflicted. A simple shove or push that does not cause pain... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for Colorado on
Q: Looking for a Civil Attorney. Left leg amputated. Not get a fair trial exculpatory evidence held from the jury.
Tim Akpinar
Tim Akpinar answered on Jun 9, 2019

It looks like you are seeking an attorney for what appears to be an appeal matter. Do not wait to be contacted by attorney. That isn't the way this board works. It is for posting legal questions. You can seek out attorneys, but you can't sit and wait to be contacted by one based on a... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Q: Questioning of a minor bt school administration without parents present after a fight? Then cited by police? Legal?

Thank you. Student was asked to write a statement by admin, then SRO read him his rights without parents there. Student was ticketed for the fight 2 weeks later, at his home.

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Dec 27, 2018

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...
Read more »

1 Answer | Asked in Constitutional Law for Colorado on
Q: nature and complexity of action? potential merit of claims? Exactly what does this mean?
Tim Akpinar
Tim Akpinar answered on Oct 21, 2018

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

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: What does the nature and complexity of the action mean?What does potential Merit of claims or defense mean?
Tim Akpinar
Tim Akpinar answered on Oct 12, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Is criminal justice a line of work that would be not recommended for women? I've heard many people say it isn't.

I want to become a forensic examiner.

Tim Akpinar
Tim Akpinar answered on Oct 11, 2018

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... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Colorado on
Q: How come this sounds unconstitutional??

I can see if you hurt someone else, but just saying something?

Gary Kollin
Gary Kollin answered on Oct 5, 2018

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

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3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on
Q: Can you get in trouble for lying to police in order to press charges on somone?

A group of people lied to police in order to press charges on my husband for battery.

We have proof they lied.

Can we press charges back on them for defamation or anything else?

Brian K. McHugh
Brian K. McHugh answered on Sep 10, 2018

It is a crime to knowingly give false information to a peace officer.

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1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Colorado on
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?

Civil rights violation case judge ruled that while I was wrongfully arrested imprisoned on no bail hold never going before a judge the entire 19 days that my dogs were in a state of conversion they kept there where abouts withheld from me and I was lied to daily about my dogs the judge subpoenaed... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Mar 27, 2018

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... Read more »

1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on
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

My sister, who is a U.S. citizen passed away, and custody was granted to dad by default. He was deported, and then my nephew was sent to live with him in Mexico. I haven't spoken to him since the day before he left for Mexico, and the father is ignoring everyone in the family trying to contact... Read more »

Stephen J. Plog
Stephen J. Plog answered on Nov 28, 2017

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... Read more »

1 Answer | Asked in Constitutional Law, Sexual Harassment and Criminal Law for Colorado on
Q: Can a woman, in Colorado, consent to sex if they weren't drugged but got intoxicated on their own free will?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 29, 2017

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.

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