Colorado Gov & Administrative Law Questions & Answers

Q: Can a DA file charges against a witness in a case after the defendant has plead and is enrolled in a diversion program?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Colorado on
Answered on Aug 3, 2018
Brian K. McHugh's answer
The short answer is yes. Legally the DA's ability to file a criminal case against a witness to a crime is not effected by the outcome of the case in which the person was a witness. However, there may be evidentiary or proof problems that make charging the witness difficult or impossible.

Q: I am a united states citizen and my boyfriend is from El Salvador. we are having a baby. Is Marriage the only solution?

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Colorado on
Answered on Apr 30, 2018
Carl Shusterman's answer
Marriage is generally the easiest and fastest way to get a green card. Others get green cards through employment, investment, asylum, etc. He should meet with an immigration attorney to go over his alternatives.

Q: What court has jurisdiction where a state agency is levying a tax anyway that was voted down by the legislature?

1 Answer | Asked in Gov & Administrative Law for Colorado on
Answered on Apr 7, 2017
Tristan Kenyon Schultz's answer
If it is a federal tax, the court is either Tax Court (yes there really is a Tax Court) or a local Federal District Court (in Denver). If it is a state tax, the court is a Colorado District Court (likely in Denver). Potentially a federal court can review certain state taxes if this is a constitutional challenge. If you are challenging the legality of a tax, hiring a tax lawyer is highly recommended.

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

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Colorado on
Answered on Apr 4, 2017
Tristan Kenyon Schultz's answer
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 hearings do occur, the usual penalty is financial over jail time AND you are required to immediately appear for a jury.

Q: I'm moving from IA to CO, and am changing my name. Can I just get my new license there?

1 Answer | Asked in Family Law and Gov & Administrative Law for Colorado on
Answered on Mar 28, 2017
Tristan Kenyon Schultz's answer
Yes, you can wait until you become a Colorado resident to change your name. Where and when you choose to change your name is a personal choice (beyond applicable state requirements related to updating of records).

Q: Can I challenge temporary or permanent orders in the state of Colorado?

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for Colorado on
Answered on Mar 27, 2017
Tristan Kenyon Schultz's answer
You can challenge both orders. It is usually unwise to challenge a temporary order because they are of such a short duration (and also not usually cost-effective for the legal fees). Permanent orders can also be challenged by: (1) requesting a rehearing (usually within 21 days of the order), (2) appeal or (3) requesting a modification (this applies most to family cases AND must occur after the cooling-off period and/or meet the changed circumstances requirement).

Q: 100% blind disabled veteran seek relief fm incorrect $151k collection from DFAS derived from 5 yrs alleged overpmts

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on
Answered on Mar 20, 2017
Tristan Kenyon Schultz's answer
Yikes! Due to the sums involved, it is highly recommended that you contact an attorney that specializes in military law and/or military disability claims. Since the VA and DoD are not known for their transparency or efficiency, I suspect that something can be done legally.

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

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Colorado on
Answered on Jan 24, 2017
Tristan Kenyon Schultz's answer
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 is a very long delay, if parolee did not comply with the terms of the parole, the parole was arguably properly revoked. If you feel that something improper occurred, you can contact a criminal law...

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

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Colorado on
Answered on Dec 19, 2016
Tristan Kenyon Schultz's answer
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 trial. From your facts it sounds like the motion was based on conflicting information of the officers.

There are several legal reasons for suppressing evidence ranging from serious police...

Q: I wanted to know what it would be to get my child out of custody of the state two days after she was been born

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Colorado on
Answered on Jul 19, 2016
Tristan Kenyon Schultz's answer
From the sounds of it DHS is involved. At this point, there is nothing that you can due to stop the process. The social worker is likely reviewing your child's case for (1) D&N (dependency and neglect) and/or (2) criminal child abuse (via physical harm or drug addiction of the baby). Pending the review, a court case MAY be filed by DHS on behalf of the child. Note, this is not a guarantee. If a case is filed, you can hire an attorney or apply for a public defender. You should hear from DHS in...

Q: Has there been a lawsuit against the US Army over the legality of the 2014 Officer Separation Board for Majors?

1 Answer | Asked in Gov & Administrative Law and Military Law for Colorado on
Answered on Jul 10, 2016
Tristan Kenyon Schultz's answer
You question is reasonable and very clear (a rarity). Unfortunately, I am not aware of any lawyers at Justia that have extensive knowledge of military law (98% of all law schools don't offer classes on military law). You can try Avvo (again, lawyers familiar with military law a few and far between in the civilian world). For a definitive answer you will need to contact a local lawyer with experience in military law. Many attorneys offer free consultations; if not, your case can be carefully...

Q: I'm 18, how do I get a green card w/o help from my family? Have work permit, but passport is expired.

2 Answers | Asked in Education Law, Employment Law, Family Law, Gov & Administrative Law and Immigration Law for Colorado on
Answered on Apr 28, 2016
Tristan Kenyon Schultz's answer
There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .

Q: If a city requires you to purchase a building permit, but yet doesn't do any inspections on work completed liable in any

1 Answer | Asked in Construction Law, Gov & Administrative Law and Municipal Law for Colorado on
Answered on Dec 22, 2015
Tristan Kenyon Schultz's answer
Some permits do not require inspections. Even for those that do, most inspections are rather cursory...

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