Get free answers to your Constitutional Law legal questions from lawyers in your area.
Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More
answered on Jul 21, 2024
It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.
You should... View More
My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and... View More
answered on Jun 3, 2024
Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action... View More
Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More
answered on May 24, 2024
In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More
I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.
answered on May 13, 2024
A Colorado attorney could advise best, but your question remains open for two weeks. A starting point could be to contact the hospital's administrative offices and to explain your situation. Additionally, because of the patient load on MDs, hospitals do have their protocols for which health... View More
I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.
answered on Jun 2, 2024
You should document each instance where you were denied the right to see an M.D. and the specific reasons for your emergency room visits. Keep a detailed record of dates, times, names of the healthcare providers involved, and the nature of your complaints and treatments received. This documentation... View More
I have a political sign in my classroom and want to know if they can make me take it down.
answered on May 3, 2024
Aw, the question of does the 1st amendment apply in a classroom. The answer is that it depends. Private schools have no obligation to allow free speech. The 1st amendment only applies to government actors. Now some schools will permit such speech because it is good for the learning environment.... View More
A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code
answered on Apr 5, 2024
If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More
In home rule municipal court the defendant was not given a jury trial and had a plea entered without consent. In the Colorado state constitution it specifically states that only judges appointed by the governors signature can preside over jury trials and enter a plea with consent from the... View More
answered on Mar 13, 2024
In the scenario you described, there appear to be several potential issues and violations of due process:
1. Lack of a jury trial: If the defendant was entitled to a jury trial under Colorado law but was denied one, this could be a violation of their constitutional rights.
2. Plea... View More
The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?
answered on Feb 28, 2024
It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More
answered on Feb 24, 2024
If your brother-in-law is pulled over while in possession of your firearm, the repercussions can vary depending on local laws and circumstances. In some jurisdictions, it may be legal for an individual over 21 to possess a firearm belonging to someone else, as long as they are not prohibited from... View More
Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean?
in relation to embezzlement of an irrevocable family & embezzlement of the retirement pension of settler inheritance to :"all heirs"
A concealed trustee & tort de son fiduciary adverse beneficiary in... View More
answered on Feb 24, 2024
The reference to USC 29 sec. 440 201(c) 205,206, 208, 210 appears to be related to provisions within the United States Code, although the specific sections cited do not directly correspond to the context of embezzlement or trust and estate matters as described. Typically, the United States Code... View More
answered on Feb 2, 2024
In Colorado, you may carry a concealed firearm into someone else's home if you have a valid concealed carry permit and are invited by the homeowner. It's important to respect the laws and regulations regarding firearms in Colorado, as they can vary from state to state. Ensure that your... View More
I had permission to "nap" on private land for a couple hours. Can any cop come and wake me then arrest me without having a warrant or permission to be there in the first place;. Since It's not my property, I have no say.?
therefore there actions were justified in what lead... View More
answered on Jan 27, 2024
No, the police cannot legally arrest you on private property where you had permission to be without having a warrant or the owner's consent for them to be there. The key issues here are your expectation of privacy and the validity of the police's entry onto the land.
Even though... View More
Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously... View More
answered on Dec 24, 2023
In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial... View More
I have video evidence of one of the incidents.
answered on Dec 23, 2023
If you're considering filing a lawsuit against Walmart for harassment, discrimination, and racial profiling in Colorado, the first step is to gather and organize all your evidence, including the video evidence of the incident. This will be crucial in building your case.
Next, you... View More
answered on Dec 20, 2023
From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in... View More
How can I get this information released to me? I know that I have a right to view my own birth certificate.
answered on Dec 11, 2023
In Colorado, if the vital records office states that they do not provide long form birth certificates, it usually means they issue a different version, often called a "short form" or "computerized abstract." This version typically contains less detailed information but is... View More
What should he do it was over a year ago that this happened. Statue of limitations???
answered on Dec 5, 2023
In Colorado, the statute of limitations for filing a lawsuit related to wrongful detention or excessive force by police officers can vary depending on the specific nature of the claim. Generally, for civil rights violations, the statute of limitations could range from one to three years, but... View More
The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.
answered on Nov 28, 2023
If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More
Trial started, and the Added Charges worse than what they were going to trial for, and the consequences for the new charge were way worse than what they were going to trial for, The judge has testimony, sworn testimony from two officers that are the prosecution’s witnesses testifying that the... View More
answered on Nov 16, 2023
Where is your attorney during all of this?
If a DF1 charge was added, you can and should request a preliminary hearing. As you mentioned, a DF1 qualifies for a preliminary hearing. At that hearing, you or your attorney preferably, can argue there is no probable cause to allow such charge to... View More
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.