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Colorado Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Q: Is it ethical of a judge to allow a DF1 charge in Colorado to be added to an innocent defend it three days before their

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

Reid DeChant
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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...
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1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Q: How have dueling laws evolved in Colorado, especially after 2023 changes, and what are the consequences if a duel results in death?

I'm researching the history of dueling laws in Colorado and how they've evolved, particularly the recent change in 2023 where dueling has been reduced from a felony to a misdemeanor. If two individuals engage in a duel and one is killed, could the survivor still face prosecution for... View More

James L. Arrasmith
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answered on Mar 24, 2025

Colorado dueling laws have evolved significantly, with the most recent change occurring in October 2023 when House Bill 23-1293 reclassified dueling from a Class 4 felony to a Class 1 misdemeanor. According to Colorado Revised Statute 18-13-104, dueling is now defined as "persons who by... View More

1 Answer | Asked in Employment Law and Constitutional Law for Colorado on
Q: Can I keep a firearm in my car at work despite employer's no firearms policy?

I have a concealed carry permit and my state law allows me to have a firearm in my car. My vehicle is parked on company property while I’m at work, but my employer has a policy stating no firearms on the property and mentions termination for rule violations. Can I legally have a firearm in my... View More

James L. Arrasmith
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answered on Mar 24, 2025

The intersection of state firearm laws and workplace policies creates a complex situation for your question. In many states with "parking lot laws," your right to keep a firearm in your personal vehicle overrides employer policies, even when parked on company property. These laws... View More

1 Answer | Asked in Constitutional Law and Federal Crimes for Colorado on
Q: Impact of federal pardon on 5th amendment rights in Colorado.

If a person is charged with a federal crime and then accepts a presidential pardon, do they give up their 5th amendment rights? Specifically, can they be forced to talk about the crime, even if they could be tried by the state for the same crime like murder? I am interested in understanding how a... View More

James L. Arrasmith
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answered on Mar 24, 2025

When you accept a presidential pardon for a federal crime, your situation becomes complex regarding Fifth Amendment protections. The Supreme Court established in Burdick v. United States that accepting a pardon might waive your right against self-incrimination for that specific federal... View More

1 Answer | Asked in Education Law and Constitutional Law for Colorado on
Q: Can a school search student with reasonable suspicion if student refuses?

As a school administrator in Colorado, I conducted a search on a student based on reasonable suspicion after the school security guard reported seeing the student put something suspicious in their pocket. The school's policy supports searches under reasonable suspicion, but the student did not... View More

James L. Arrasmith
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answered on Mar 23, 2025

You have legal standing in this situation based on the Supreme Court case New Jersey v. T.L.O. (1985), which established that school officials need only "reasonable suspicion" rather than the higher standard of "probable cause" to conduct student searches. This lower threshold... View More

1 Answer | Asked in Identity Theft, Public Benefits, Civil Rights and Constitutional Law for Colorado on
Q: Tanf contracted class shared personal info in emails to entire class, lawsuit possible? is it legal?

Name, phone number, case number, case manager, address, if laptop was issued class work. Intended for attendance/homework and supportive services but emails are accessible to anyone with email and shows everyone's info even past clients even if the dropped class. With EBT fraud rampid I feel... View More

James L. Arrasmith
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answered on Jan 18, 2025

This situation raises serious privacy concerns regarding the handling of sensitive personal information in an educational setting. The sharing of private details like names, addresses, phone numbers, and case information via mass email could potentially violate several privacy laws, including FERPA... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: If I intend on filing a lawsuit against a Colorado Police Department; what steps would I need to take first &foremost?

Also is there a statue of limitations when filing a suit against a police department for illegal search and seizure, excessive force, abuse of power and harassment/false detainment.

James L. Arrasmith
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answered on Jan 13, 2025

To begin filing a lawsuit against a Colorado Police Department, start by documenting all relevant details of your case, including dates, times, locations, and any evidence you have, such as photos or videos. Next, you should file a formal complaint with the police department's internal affairs... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: I stole a beer from a college football game and was caught, but I just left with the beer. Will the police come after me
James L. Arrasmith
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answered on Oct 14, 2024

It's understandable to feel anxious after such an incident. Theft, even of a small item like a beer, can lead to consequences depending on the circumstances and local laws.

In many cases, minor thefts might result in a citation or a fine, especially if it's a first offense....
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1 Answer | Asked in Constitutional Law for Colorado on
Q: Does the state of Colorado require that the examinee of a polygraph test receive a copy of the consent form

Just what asked above

James L. Arrasmith
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answered on Oct 2, 2024

Yes, in Colorado, if you’re required to take a polygraph test for a job, the state mandates that you receive a copy of the consent form. Before the examination begins, the agency must provide you with this document. This requirement ensures you are fully informed about the process and your... View More

1 Answer | Asked in Federal Crimes, Constitutional Law and Construction Law for Colorado on
Q: Where to find a Rico lawyer and what evidence is needed

Plenty of information id rather not say online

James L. Arrasmith
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answered on Aug 5, 2024

To find a RICO lawyer in Denver, CO, you should start by contacting your local bar association. They can provide referrals to attorneys experienced in handling complex federal crimes, including RICO cases. Additionally, you might want to look for legal directories online that list lawyers by their... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: What can I do if my husband was misrepresented didn't have a fair trial, and was charged wrong and sentenced wrong?

While with this case a officer of the law admitted to commiting a crime and having the stolen property in her possession and other officers and sergeant covered it up because that officer no longer works with that department a week and a half later after investigation started, then sergeant... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your husband was misrepresented and did not have a fair trial, you should consider appealing the case. An appeal is a request to a higher court to review and change the decision of a lower court. The process would involve demonstrating that there were legal errors that affected the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: How valid is a search warrant executed 3 hours before the effective time stated on the warrant by the judge?

Sheriff department executed a search warrant for suspected gambling devices and all proceeds on site (among other things). They also seized the cash from an atm owned and operated by a third party.

In the judges statement portion of the warrant, he stated the warrant was effective... View More

James L. Arrasmith
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answered on Nov 5, 2023

If a search warrant is executed prior to the time authorized by the judge, it may be considered invalid, and any evidence obtained as a result may potentially be excluded based on the "fruit of the poisonous tree" doctrine. The specific language of the warrant is critical, as is the exact... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Car Accidents for Colorado on
Q: Does the police notify insurance right after a motercycle wreck
T. Augustus Claus
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answered on Oct 20, 2023

In Colorado, it's typically not the police's responsibility to notify insurance companies immediately after a motorcycle accident. Instead, it's up to the involved parties, particularly the motorcycle rider, to report the accident to their respective insurance providers. After... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Juvenile Law for Colorado on
Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.

I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way.

James L. Arrasmith
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answered on Oct 15, 2023

If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Q: police had a search warrant on my home for my grandson, and found other things not name in the warrant of my daughters

and began another investigation, into my daughters property while on the initial warrant to search for guns of my grandsons, they then invited the postmaster’s into my home, without my permission, and the postmaster came into my home without my permission, and observed items in my home without my... View More

James L. Arrasmith
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answered on Oct 15, 2023

Hi there! I understand your concerns about potential violations of your Fourth Amendment rights and the actions of law enforcement during the search of your home. In a situation like this, it's crucial to consult with an attorney who can assess the specific circumstances and advise you on the... 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 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 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.

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