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Colorado Constitutional Law Questions & Answers
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
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... View 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... View More

Tristan Kenyon Schultz
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... View 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... View More

Tristan Kenyon Schultz
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.... View 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... View More

Tristan Kenyon Schultz
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... View 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... View More

Tristan Kenyon Schultz
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... View 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... View More

Brian K. McHugh
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
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... View 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
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
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.

1 Answer | Asked in Constitutional Law and Criminal Law for Colorado on
Q: Can I be ordered to stay 100 ft away from some one that works in a government office and I need to file an appeal?

Same protection order says I can not speak about the last 8 years

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 9, 2016

Review your protection order. As a general rule, parties are allowed to appear to court, participate in mediation, and file court documents PROVIDED you do not attempt contact (unless it as a witness in trial or as a participant to mediation). As for the not speaking about the last 8 years,... View More

1 Answer | Asked in Constitutional Law for Colorado on
Q: Has there ever been a judgment given by the Supreme Court that opposes Brown v. Texas, 443 U.S. 47?

Basically i would like to know if that precedent still stands.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Read this link and then do some research: https://en.wikipedia.org/wiki/Brown_v._Texas

1 Answer | Asked in Constitutional Law for Colorado on
Q: Where do I find the Gallagher Amendment in the CO Constitution?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Read this link: https://en.wikipedia.org/wiki/Gallagher_Amendment

1 Answer | Asked in Constitutional Law for Colorado on
Q: What supreme court cases have to do with the Philadelphia convention and anti-federalist?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You are asking for an attorney to do research, I think it would require that, and that is not free.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Colorado on
Q: Were my civil rights violated?

Pulled over for high beam vio. Cop verified insurance was active, but i didnt have physical proof so I was ticketed. I was omw to Cripple Creek. It was after midnight. Cop told me I couldnt drive w/o ins card. He left me stranded & alone on the side of an unfamiliar and desolate hwy. He knew i... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You have to get an attorney for the criminal case first. Then afterwards you might think about seeing an attorney for a full discussion of the issues regarding whether you even have any grounds for a lawsuit.

1 Answer | Asked in Constitutional Law for Colorado on
Q: CAN YOU AMEND AN ORIGINAL COMPLAINT IN FEDERAL COURT BEFORE AN ANSWER?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

Yes, I believe so.

1 Answer | Asked in Constitutional Law for Colorado on
Q: What are some current examples of the use of power of the purse by congress?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

This sounds like a homework assignment. Shutting down the federal government is a good example.

1 Answer | Asked in Constitutional Law for Colorado on
Q: Can a citizen of Colorado with a Conceal and Carry permit carry a concealed handgun on any college campus in Colorado?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

You asked this question over 3 years ago. It requires a bit of research to answer, probably for a vast majority of attorneys.

1 Answer | Asked in Constitutional Law for Colorado on
Q: What constitutional powers were involved in McCulloch v. Maryland?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Read it to find out. You can find summaries on the internet and probably the opinion.

1 Answer | Asked in Constitutional Law for Colorado on
Q: circulated by US Mail today. Does this mean that the US Mail is responsible for the contents of the letter itself?

A letter bashing candidates running for officers of a private club was received by each of its members.This statement was made, from an officer denying responsibility, in email later sent to some of the members. Also does this invite an appeal to postpone the election due to content that alleges... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

What does the Constitution have to do with this? No, the US mail is not responsible for the contents of the letters.

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