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Colorado Gov & Administrative Law Questions & Answers
2 Answers | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Juvenile Law for Colorado on
Q: How can I defend myself in a biased Colorado dependency case?

I am representing myself in a dependency case in Colorado where I've experienced clear bias from the judge, who has enforced detrimental punishments without evidence. The department involved has committed fraud, HIPAA violations, judicial deception, and harassment, seemingly in retaliation for... View More

Kia Miller
Kia Miller
answered on Mar 25, 2025

I agree with my colleague below. I am adding that if you do not get legal representation, you should file a motion for judicial recusal that focuses solely on the facts (not feelings and judgment) and listing EVERY fact that shows there is bias.

For example:

"We never received...
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2 Answers | Asked in Civil Litigation, Probate, Real Estate Law and Gov & Administrative Law for Colorado on
Q: How can I challenge false claims to my father’s estate and regain control over family lands in Colorado?

I am the sole legal representative and administrator of my deceased father's estate, which includes lands held by my family for generations. A woman falsely claimed to be married to my father to gain inheritance rights, supported by what I believe are invalid legal documents. Furthermore,... View More

Anthony M. Avery
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answered on Mar 18, 2025

If you are the administrator with letters then you are not doing your job. Do you have an attorney? Apparently your lawyer is going to need to file various actions in various Counties for ejectment, quiet title, unlawful detainer and/or conversion of mineral proceeds. Many SOLs apply and are... View More

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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

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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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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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 Litigation and Gov & Administrative Law for Colorado on
Q: Can I leave a designer purse with the police?

I have been holding a designer purse valued at $3,000-$4,000 for an acquaintance who left it with me nearly two months ago. Despite my two attempts to ask them to pick it up, they refuse and insist I drive to them to deliver it. I have given them an ultimatum that I will leave the purse outside my... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you can bring the purse to the police, but how they handle it may depend on the circumstances. Most police departments have a property or lost-and-found division where they can temporarily take custody of valuable items, especially if there is concern over ownership disputes or if the item was... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Colorado on
Q: Challenging M1 hold and police actions without consent or rights given in Colorado.

I was placed on an M1 hold by an acting Sgt from the police department, whom I had encountered three years ago. He claimed I was homicidal after a confrontation at my house where people damaged property and I defended myself. They searched my truck without consent, confiscated a knife and firearm,... View More

James L. Arrasmith
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answered on Apr 15, 2025

It sounds like you've faced serious violations of your rights, and it's important to address this. The M1 hold, which is a mental health evaluation hold in Colorado, must be supported by specific criteria. If the police placed you on the hold without sufficient cause or failed to follow... View More

1 Answer | Asked in Child Custody, Domestic Violence and Gov & Administrative Law for Colorado on
Q: How do I confirm service of a custody summons in Colorado?

I filed for custody online using the Colorado EFiling website and received an "Order and Notice of Initial Status Conference," which is set for a specific date. This is the first time I’m handling this without an attorney, and there are no details in the notice regarding service.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To confirm whether the respondent has been served with the custody summons in Colorado, you will need to check with the court. You can contact the clerk’s office where the case is being handled to inquire about the service status. They may have a record of the service or an affidavit of service... View More

1 Answer | Asked in Landlord - Tenant and Gov & Administrative Law for Colorado on
Q: Can Colorado landlords charge both a lease break fee and ongoing rent?

I'm in a fixed-term lease in Colorado and am considering breaking it. I noticed that my lease agreement mentions both a lease break fee and ongoing rent responsibility if I terminate early. I was informed this might be against Colorado law. Can landlords in Colorado charge both, or must they... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, a landlord cannot charge both a lease break fee and ongoing rent if you terminate your lease early. According to Colorado's landlord-tenant laws, if you break the lease, the landlord can charge a reasonable fee to cover the costs associated with the early termination. However,... View More

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Health Care Law for Colorado on
Q: Will 8-year-old deferred sentences affect CNA approval in Colorado?

I completed deferred sentences for domestic violence and child neglect in Colorado 8 years ago, in 2017. Since then, I have had no other legal issues. Would these past deferred sentences prevent me from being approved to become a Certified Nursing Assistant (CNA) under Colorado regulations?

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, even deferred sentences can still show up on background checks when applying for a Certified Nursing Assistant (CNA) license, especially if they involve domestic violence or child neglect. While a deferred sentence is not a conviction if completed successfully, the Colorado Board of... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Colorado on
Q: Friend booked under wrong name; facing criminal impersonation charges on parole.

I have a friend who was booked into jail under another person's name due to the arresting officer finding an ID and calling him by that name. He was released on a PR bond under that name but has an outstanding warrant from another jurisdiction under his real name. My friend is currently on... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your friend is in a difficult position, but there are a few key points to consider in this situation. First, showing up to court is important because failure to appear could lead to more serious legal consequences, especially with the outstanding warrant. The advice to request a public defender and... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Colorado on
Q: Extradition waiver, new charges, extradition timeline?

I signed a waiver of extradition on January 7, 2025, in Colorado, for charges in Texas. Colorado recently added new charges against me for two counts of 2nd-degree assault. If I left Texas while on parole and new charges are brought in Colorado, can Colorado hold me until all local charges are... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on extradition law and Colorado criminal procedure, your situation involves important jurisdictional considerations. When you have pending charges in multiple states, the state where you are physically located (Colorado) generally has primary jurisdiction over you until those charges are... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Colorado on
Q: What travel rules apply for a CO sex offender visiting multiple states?

I am a registered sex offender in Colorado for 24 years and have successfully completed treatment and parole in 2018, with no restrictions on travel. I plan to travel and live in my own pull-behind trailer while visiting landmarks, including the Grand Canyon in Arizona, Disney World in California,... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a registered sex offender, traveling to other states requires you to be aware of each state's laws regarding sex offender registration and residency restrictions. While some states have laws that restrict sex offenders from living or staying near certain places, such as schools or parks,... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Colorado on
Q: Can we bill the state for towing expenses in a state-owned park and ride area in Colorado?

We have a state park and ride area within our town limits in Colorado. We have permission from the state to tow vehicles from that property. There hasn't been any signed agreement between our town and the state. Local ordinances state that it's the owner’s responsibility to pay for... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since the park and ride area is state-owned and the town has been covering towing expenses for abandoned vehicles, it’s understandable that you want to know if you can bill the state instead. However, the lack of a formal agreement between the state and the town complicates this situation. In... View More

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