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Colorado Gov & Administrative Law Questions & Answers

1 Answer | Asked in Gov & Administrative Law and Tax Law for Colorado on

Q: Can Colorado State take my federal tax refund for an offset

That I might owe Colorado student loan or court cost I'm not getting a Colorado refund but I'm getting a federal refund can can Colorado take my federal refund

D. Mathew Blackburn answered on Apr 20, 2019

Yes. It'll depend on who exactly you owe and what stage the collections activity is at but they can intercept at a certain point.

I would suggest proactively resolving the matter prior to an intercept.

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Colorado on

Q: I was decieved, lured in, driven to an unknown location, held,questioned, and left there. What should I do?

Brian K. McHugh answered on Apr 10, 2019

Not enough information provided. For starters, who did these things to you?

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on

Q: Can a person be banned from a public space by an informal administrative order?

I have been "banned" from a public library for violating "policies" until I meet certain conditions.

This was decided by a hearing in absentia conducted by the library administration not a hearing officer.

I have been threatened with arrest for trespassing if I set foot in the... Read more »

Peter N. Munsing answered on Jan 23, 2019

Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.

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1 Answer | Asked in Gov & Administrative Law and Immigration Law for Colorado on

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

We have been together for 2 years now, he has court in May what can be done to help him get a green card or any way for him to stay in the United States. besides Marriage what else can be done?

Carl Shusterman answered on Apr 30, 2018

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.

1 Answer | Asked in Gov & Administrative Law for Colorado on

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

Tristan Kenyon Schultz answered on Apr 7, 2017

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... Read 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 of court under... Read more »

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 contempt... Read more »

1 Answer | Asked in Family Law and Gov & Administrative Law for Colorado on

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

Will have proof of CO residency for 30 days by the time I move.

Tristan Kenyon Schultz answered on Mar 28, 2017

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).

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for Colorado on

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

None.

Tristan Kenyon Schultz answered on Mar 27, 2017

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)... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on

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

I realize timing is everything. I know I retired during a bad time for the Federal govt & the veterans retirement system, that is, between 2008 & 2015, when there was not a Streamlined, one-stop process for honorable & medically retired personnel.

(BTW, I got my VA medical and disability)... Read more »

Tristan Kenyon Schultz answered on Mar 20, 2017

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.

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... Read more »

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 this... Read 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... Read more »

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... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Colorado on

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

I had given birth to my child on the 16th at home didn't have to come in to the hospital but did anyways and wanted to sign my child out against medical advice and come to find out the state has taken custody of my child and I need to know what I need to do to get her back into my custody without... Read more »

Tristan Kenyon Schultz answered on Jul 19, 2016

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... Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for Colorado on

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

I was notified of separation from active duty in the US Army as result of the 2014 Officer Separation Board (OSB) for Majors. The reason listed on my DD-214 states AR 600-8-24, Chapter 5. However, there is nothing in that chapter whatsoever that details separation for officers in good standing.... Read more »

Tristan Kenyon Schultz answered on Jul 10, 2016

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... Read more »

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

I'm 18 y.o. and trying to obtain a green card. I have lived in the US since I was 10 and my mother recently married a US citizen so both she and my sister have green cards, but because I don't have a good relationship with my family my mother refused to help me with the process.

I have a... Read more »

Tristan Kenyon Schultz answered on Apr 28, 2016

There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .

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1 Answer | Asked in Construction Law, Gov & Administrative Law and Municipal Law for Colorado on

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

Way

It seems to me if they are collecting money from the community for building they should do inspection and require contractors to be licensed to protect thier community. Otherwise what are they collecting fees for permits? Isn't that part of thier job and responsibilities to keep us... Read more »

Tristan Kenyon Schultz answered on Dec 22, 2015

Some permits do not require inspections. Even for those that do, most inspections are rather cursory...

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