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Colorado Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Colorado on
Q: If a person is in jail and told they don't need to attend their dispostion hearing what should they do?

A 20 yr old man was arrested in a sting opperation with a "16yr old" girl. The man was released and sentanced to probation. He has been in jail since February 18. Yesterday was his dispostion hearing, he was told he didnt need to attend that they will handle it all on the 27th of March.

James L. Arrasmith
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answered on Mar 11, 2023

If the man was told by his lawyer or a court official that he does not need to attend his disposition hearing, then he should follow their instructions. However, if he is unsure or uncomfortable with not attending the hearing, he should contact his lawyer or the court to clarify and discuss his... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: Are there lawyers who will work on a contingency basis for civil rights violations in DNN cases file suits to go supreme

I need lawyers to help defend violations of civil rights by human services case workers judges and lawyers and commit extortion harassment discrimination and retaliation guilty of kidnapping disabled child and social worker purges herself on the stand during a contested hearing of treatment plan... View More

James L. Arrasmith
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answered on Mar 11, 2023

Yes, there are lawyers who work on a contingency basis for civil rights violations, including cases involving violations by human services case workers, judges, and lawyers. These lawyers typically work on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Colorado on
Q: Can a judge in a criminal case that acquitted or dismissed can that judge do the civil case knowing both case
James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific circumstances of the case and the rules of the court in which the cases are being heard. In general, a judge who presides over a criminal case involving the same parties or issues as a subsequent civil case may be prohibited from hearing the civil case due to potential... View More

1 Answer | Asked in Contracts and Constitutional Law for Colorado on
Q: Has Colorado reaffirmed Gold and Silver specie as legal tender yet?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Yes. Under Colo. Rev. Stat. 11-61-101, gold and silver coin issued by the government of the United States is legal tender for the payment of all debts contracted between citizens of the State of Colorado.

1 Answer | Asked in Family Law, Constitutional Law and Health Care Law for Colorado on
Q: Regulations for a grandson to remove grandfathers remains from his own property and transporting it elsewhere in CO

What regulations apply to a family member removing remains entombed on their property, and transporting it to another tomb?

Nick Tootalian
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Nick Tootalian
answered on Aug 4, 2023

I believe this question requires an analysis by a criminal attorney.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Colorado on
Q: Detained for speeding (wasnt speeding), Went to trial, found not guilty by 6. Can I sue Aurora Police Department?

Oct 29th Officer tailed me continuously flashing his bright front headlamps, I slowed to under the speed limit 35/40. The officer continued the same action while lessening his distance from greater than to less a 2ft. The officer made a left with me and became disgusted with my low speed. He trys... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Sorry to hear that this happened to you but pleased you were exonerated. Giving him the middle finger probably was not the wisest thing to do. So, do you have a case against the officer for racial profiling or race harassment? Possibly, but without substantial damages, you probably won't get... View More

1 Answer | Asked in Tax Law, Traffic Tickets, Civil Rights and Constitutional Law for Colorado on
Q: Should I give up 8 of my Constitutional Rights and admit Guilt By Paying a Speeding ticket for an illegal Speed ???

the Speed Limit of 25 mph is unreasonable and illegal in the State of Colorado when not for a School zone or Residential area, between Parking Lots and a freeway with a 65 mph speed limit, elsewhere in Eagle County the speed limit in such areas is 45mph such as in Avon Colorado

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that the speed limit was unreasonable or illegal, you may want to consult with a traffic attorney or contact the court to contest the ticket.

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Colorado on
Q: is it fair whenAjudge lets the opposing party2agree onAcontinuance,when the askingParty was not givenAsufficient notice?

How is it fair When a Judge lets the opposing party 2 agree on A continuance,when the Asking Party was not Given A Sufficient notice? Of course the opposing party is going to disagree with the request because it would give the requesting party time to obtain counsel or dispute the facts. So how... View More

Steven  Visser
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Steven Visser
answered on Mar 8, 2023

A continuance can be granted by a Court for any number of reasons but usually it needs to be for good cause. The granting or denial of a request to continue a hearing is within the discretion of the Court.

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: I PLEAD NOT GUILTY ALMOST A YEAR AGO< I RECENTLY ACCEPTED A PLEA AGREEMENT, AS MY PUBLIC DEFENDER STATED MY SPEEDY TRIAL

RIGHTS HAD NOT BEEN VIOLATED WHEN I FELT THEY HAD BEEN. I WANT TO WITHDRAWL MY PLEA AND MOVE TO FILE FOR DISMISSAL BECAUSE I PLEAD NOT GUILTY ALMOST 10 MONTHS AGO. CAN I DO THIS LEGALLY?

Philip M. Smith
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Philip M. Smith
answered on May 10, 2021

Each case's facts will determine if the court finds a reason to let you withdraw your plea. That area of law is complex. You need to retain a criminal defense attorney to examine all the facts and decisions in your case to see if what you want is likely. Your time for challenging your plea... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I legally own a gun in Colorado if I got my felony record expunged in New Jersey

I used to be a convicted felon in NJ but I have since gotten my record expunged. I was convicted for felony drug distribution. I have never been convicted of any violent crimes. If my record is expunged in NJ can I legally own a gun in Colorado?

Sean Maye
Sean Maye
answered on Mar 8, 2021

A NJ lawyer will have to advise on whether, under NJ law, expungement of a felony conviction amounts to a restoration of your civil rights. If the answer is yes under NJ law, then I believe you should be perfectly fine in CO. But often times the question of a clear felony record does not... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: If court order is not modifiy or stipulations were not filed is it a civil case?
Sabra M. Janko
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answered on Mar 6, 2021

It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
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answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Criminal Law, Constitutional Law and International Law for Colorado on
Q: Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally?

Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the... View More

David Luther Woodward
David Luther Woodward
answered on Dec 30, 2020

You have a tricky situation:

I would approach it this way. I would contact a very good criminal lawyer in the jurisdiction where the criminal action is lodged and abide his advice. If your theory (or any theory) is correct, then you can attack the passport problem once you have your...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Colorado on
Q: CPS is lying and won't give our kids back. The judge is going along with it. They have missed appointments.

They have caused us to miss visits by scheduling then on holidays and during a dental appointment we wasn't allowed to attend as promised. I need help proving this and someone that will stand up for we are being violated our children's rights are being violated

Sean Maye
Sean Maye
answered on Dec 11, 2020

The general statement of things that you have provided here certainly seems unfair and should consult with a lawyer so that they can learn more details about your situation and advise you on your best options/defenses. There is not information in this post to adequately respond to your concerns... View More

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... View 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... View 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 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... View More

Charles William Michaels
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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.

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