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Colorado Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Government Contracts for Colorado on
Q: What do u do when a judge is asked 3 times to recuse themselves for strong conflict of interest when your suing the judg

Judge, in a higher court over the same case as the district court , and strong showing of bias, deprivation of constitutional and civil rights in a criminal case in the district court, and a sheer abuse of discretion and power while she’s allowing a malicious prosecution with prosecutorial... View More

James L. Arrasmith
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answered on Feb 24, 2024

When facing a situation where a judge has denied motions to recuse themselves despite a perceived conflict of interest, and your rights seem to be compromised, the next step involves escalating the issue within the legal system. You have the option to file an appeal against the judge's... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Colorado on
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?

I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.

Kevin Michael Strait
Kevin Michael Strait
answered on Dec 29, 2023

Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law and Municipal Law for Colorado on
Q: How do I make my home a not for profit cemetery in order to make it tax exempt?

It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this?

James L. Arrasmith
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answered on Dec 25, 2023

To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process.

You will need to ensure that...
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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Dec 9, 2023

Consult an attorney: The best way to determine if you are legally eligible to purchase a pistol. You should be aware of the following.

Federal Firearms License (FFL) dealer: Another option is to visit a local FFL dealer and inquire about their purchasing requirements. They can help you...
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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Dec 9, 2023

You need to do a consult with an immigration attorney in Colorado. Here is some information that may help.

According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation...
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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

James L. Arrasmith
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answered on Dec 10, 2023

In Colorado, the laws regarding firearm ownership for non-U.S. citizens with legal status, like having an Employment Authorization Document (EAD) and a temporary Social Security Number, can be complex. Generally, lawful permanent residents (green card holders) are allowed to purchase firearms, but... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Is it required for a store in the mall to have multiple exits?

I work in a mall and my store only has one exit, the main doorway. After a recent emergency including an active shooter, I’m concerned about my coworkers and my own safety. This does not only put us in more danger during an active shooter situation, but also any fire emergencies.

James L. Arrasmith
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answered on Nov 18, 2023

The requirements for multiple exits in a store, including those in a mall, are governed by local building codes and fire safety regulations, which can vary by location. Generally, these codes require a certain number of exits based on the store's size, layout, and the maximum occupancy. This... View More

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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

James L. Arrasmith
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answered on Nov 16, 2023

In the U.S. legal system, the ethicality of a judge's decision to allow an additional charge close to the trial date can be complex and depends on various factors, including the nature of the new evidence, the procedural rules of the jurisdiction, and the specifics of the case.... View More

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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 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 Gov & Administrative Law for Colorado on
Q: Can you help me find C.R.S. § 13-21-414. I have looked all over westlaw and google, nothing has turned up.

Looking for a Colorado Statute. Just to avoid any confusion.

Michael Joseph Larranaga
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answered on Sep 28, 2023

Is it possible that you have the wrong statute number? In Westlaw and Lexis, you should be able to pull up Colorado Revised Statutes, and pull Title 13 Article 21 to determine if that specific statute exists. Pay specific attention to the numbers. Colorado, reserves spaces so it is possible to jump... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Gov & Administrative Law for Colorado on
Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?

100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Our city has a community garden enclosed by a fence. Egress requires a key. Is this permissible?

EDITED: Thank you for the reply. However, the question is not about be excluded from entering, it’s about being blocked from exiting.

City residents can rent a plot for gardening. Each gardener is given a key. The community garden is enclosed with a fence with 2 gates. The gates lock... View More

Michael Joseph Larranaga
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answered on Jun 22, 2023

If it is city property then they may have a right to exclude people from their property. It depends on why you are asking, which city, is it open to the public, and so on.

If they are excluding you because of something like race or gender then it could be a big problem. But if is because...
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1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: Is there a law of how many kids can live in a 2 bedroom house with their two parents?

I have been made aware of a family (step mom and a dad) who have two boys 6 & 4 and a 1 year old girl expecting a new baby boy in a few months who live in a two bedroom 1 bathroom house with multiple dogs as well.

John Michael Frick
John Michael Frick
answered on Apr 14, 2023

Under what is known as the “2+1” standard, it is considered housing discrimination to adopt an occupancy limit on a dwelling that is less than two persons per bedroom plus one person per unit. So, for a two-bedroom apartment, any limit that is less than five people runs afoul of federal... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on
Q: Can a competency hearing be scheduled when a motion hasn't yet been filed? Also,should it be on public docket website?

Docket search is how I found out, my public defender asked for this hearing 8 days ago and it's scheduled for this week, 13 days before commencement of my trial. But when I asked what her concerns were, she told me yesterday she had not filed the motion for it yet, and didn't give a clear... View More

James L. Arrasmith
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answered on Mar 6, 2024

In the legal process, it is possible for a competency hearing to be scheduled before a formal motion is filed, especially if the court or your defense attorney anticipates the need for such a hearing. This may occur in instances where concerns about a defendant's ability to understand the... View More

Q: Can someone please help me understand what exactly happened with this case, with the paperwork I have from a 2008 case?

I have the documents from the dates and filings of the entire case I just can't understand exactly what happened with all the abbreviations and legal terms I'm looking for someone to help me understand it

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a question and answer forum. You should schedule a consultation with an attorney in or near the county where the case in question was and bring the case documents with you for an explanation. If the documents are not too voluminous, you should be able to get your questions as to... View More

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1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: i've been called for jury duty in summit county, co, but i moved 2 months ago to another county. do i still have to go?

i no longer live in summit county. I moved to jefferson county 2 months ago. do i still have to do jury duty?

Michael Joseph Larranaga
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answered on Aug 26, 2022

You may wish to reach out to the contact person listed on the jury duty notice. They may just dismiss you. If no one is listed, you should be able to look up the contact person on the court's website.

But if you are unable to get ahold of anyone then show up and let the staff know....
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1 Answer | Asked in Employment Law and Gov & Administrative Law for Colorado on
Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?

I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.

I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to... View More

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More

1 Answer | Asked in Criminal Law, Communications Law and Gov & Administrative Law for Colorado on
Q: Do I need to be on call to testify in court if I never received a subpoena in Colorado?

I was involved in an armed gas station robbery in 2019. DA called me Feb. of this year and admitted they were sending everything to the wrong person with my same name despite having my police report and information. They said the lead investigator would call me in March. Never did. I finally called... View More

Brian K. McHugh
Brian K. McHugh
answered on Apr 13, 2021

If you have not been personally served with a subpoena you have no legal obligation to appear. However, I assume you are important witness since, as you say, you were "involved in an armed gas station robbery." Unless you were a participant, you might want to give some thought to... View More

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