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Colorado Constitutional Law Questions & Answers

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.

Timur 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 post.... 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 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...
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1 Answer | Asked in Constitutional Law for Colorado on

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

Timur 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?

Timur 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.

Timur 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 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 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 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 my... Read more »

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 have no legal... 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 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.

1 Answer | Asked in Juvenile Law and Constitutional Law for Colorado on

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

children during pool hours. I told them no, and that I would have to talk to our board of directors about a final decision. I'm assuming since we are a public entity that the establishment clause would prevent them from doing this legally. Any suggestions you could give me would be very helpful.

Tristan Kenyon Schultz answered on Jun 20, 2017

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).... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Colorado on

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

Tristan Kenyon Schultz answered on Apr 18, 2017

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... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on

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

I received a letter today from the City of Aurora (Colorado) stating contempt of court proceedings will be started against me if I do not call the Jury's Commissioner's office within 10 days, which I'll be sure to do. But I never received a summons. Can I really be held in contempt of court under... Read more »

Tristan Kenyon Schultz answered on Apr 4, 2017

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... Read more »

1 Answer | Asked in Constitutional Law for Colorado on

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

I should have been more clear. The Sec o' State's rep said that it was not at all possible under Colorado's Laws & Constitution. That kind of "impossible". Not just hard/expensive. I am asking if I need to start a petition to change the CO Constitution just to be able to legally remove a... Read more »

Tristan Kenyon Schultz answered on Feb 2, 2017

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.... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on

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

I understand that a P.O. can revocate a probationer at any time during probation right down to the last day. However waiting to violate the probationer on the 720th day of a 730 day sentence when they had been in violation from the very start. The only thing probationer did consistently was keep... Read more »

Tristan Kenyon Schultz answered on Jan 24, 2017

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... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Colorado on

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

The judge did not accept our request and allowed the testimonies to be accepted. There were many objections that we had during the trial and our lawyer was vocal about them during the trial but the judge seemed to be very biased and accept whatever the District Attorney requested. We lost trial... Read more »

Tristan Kenyon Schultz answered on Dec 19, 2016

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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Colorado on

Q: I got pulled over for being one third of a car stopped over the white line at a red light,does a search exceed the stop

After i was stopped i was first asked to step out of the vehcile to be searched. I said no a # of times until the officer bribed me saying if i step out of the vehcile and does not find anything illegal on me he will not search my vehcile. So i stepped out thinking he would go good on his bribe, he... Read more »

Brian K. McHugh answered on Dec 16, 2016

Based on the facts stated, the answer to your question is yes.

2 Answers | Asked in Constitutional Law and Criminal Law for Colorado on

Q: why is pyisican assisted suicide illigeal

its for a project and i dont really know why it is illegal can you help me?

Tristan Kenyon Schultz answered on Sep 11, 2016

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... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on

Q: 9 years living together, relationship over, what are my rights and his for items bought for the house

I was living with a man for 9 years. I kicked him out. just wanting to know his rights and my rights for items that were purchased during the 9 years for the house. Television, lawn mower, tools?

Tristan Kenyon Schultz answered on Sep 6, 2016

Repeat question. See prior answer.

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Colorado on

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.

If the 3 rules verification of a transaction Pawnbrokers Act apply to one item on a pawn transaction ticket that has multiple items are listed do the quest ions asked apply to just one or all items.

Tristan Kenyon Schultz answered on Aug 13, 2016

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.

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