Colorado Uncategorized Questions & Answers

Q: I am being evicted and want to go to court to fight it, but I have a warrant, will the judge know this?

1 Answer | Asked in Uncategorized and Landlord - Tenant for Colorado on
Answered on Jan 25, 2017
Tristan Kenyon Schultz's answer
It is possible. Housing court and criminal courts are completely separate, so the issue may not come up. To be safe, it is best to assume that it will be discovered.

Q: Is it legal for code enforcement to come on my property to find code violations when i have no trespassing sign?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 25, 2016
Tristan Kenyon Schultz's answer
Yes, government agents have a right to enter without consent (which your "no trespassing" sign states) under numerous situations (code compliance being one of the reasons).

Q: How do I find out if my lawyer actually filed temporary orders or not. She said the judge denied it but I'm not sure

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 25, 2016
Tristan Kenyon Schultz's answer
It is possible that the temporary order are filed or were just hear orally. If they were filed, you can ask the clerk where the case was filed for the filings (a fee is required - it is $10 for lawyers). If there were only oral, then the only way to see is to get a transcript (again see the clerk where the case is filed). Lastly, you may want to consider looking for another lawyer (it is not usually a good sign that you don't trust your lawyer).

Q: My exboyfriend is suing me for my dog after he was convicted of domestic violence. Can he get a court order for my dog?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 23, 2016
Tristan Kenyon Schultz's answer
Under Colorado law, pets are property. Property can be divided between couples after the relationship ends, even for non-married couples. The difference for non-marriage couples is that unless there is evidence of an overlapping of financial resources or care, the party with the greatest ownership interest will likely get the dog. Since you paid for all expenses of the dog it is unlikely that your ex will get the dog. The oral agreement is of comparatively minor significance unless your ex must...

Q: Helllo, I am not a licensed Realtor or Broker in CO. I am wondering if I can list a seller's home, take pics & close

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 23, 2016
Tristan Kenyon Schultz's answer
Sorry, under Colorado law (CRS 12-61-102) a person holding themselves out as a broker OR conducting the work of a broker must be licensed in Colorado. The penalties are sever if you practice without a license – including: fines, jail time, forfeiture of commission, and voiding the sale. The two exceptions are that you could work under a broker licensed in Colorado (salaried employee; no broker commission) or doing work that is not restricted to a broker. As a general rule, you can “sell”...

Q: 28 yr. old daughter pulled over in Wy has Colo license, officer said was cancelled, gave ticket and kept license. how

3 Answers | Asked in Uncategorized for Colorado on
Answered on Mar 22, 2016
Tristan Kenyon Schultz's answer
She cannot drive home legally. In some states it is legal for police to confiscate driver's licenses under some circumstances - I am not familiar with WY driver's laws so I cannot say whether the officer overstepped or not. The legal options consist of towing (I know this will be astronomically expensive) or have a friend/family (with a license) drive to retrieve the car (I know this sounds a little crazy). If you don't want the car impounded

Q: 28 yr. old daughter pulled over in Wy has Colo license, officer said was cancelled, gave ticket and kept license. how

3 Answers | Asked in Uncategorized for Colorado on
Answered on Mar 22, 2016
Tristan Kenyon Schultz's answer
She cannot drive home legally. In some states it is legal for police to confiscate driver's licenses under some circumstances - I am not familiar with WY driver's laws so I cannot say whether the officer overstepped or not. The legal options consist of towing (I know this will be astronomically expensive) or have a friend/family (with a license) drive to retrieve the car (I know this sounds a little crazy). If you don't want the car impounded

Q: What form do I need for by someone living in out of state, that is the sucessor to my brothers estate giving me authoriz

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 21, 2016
Tristan Kenyon Schultz's answer
I assume that this is part of a probating estate. If so, there is no form to bypass a beneficiary of record. You have two options: (1) have the estate probate to your father and then have your father transfer the assets to you as a gift, devise or sale; (2) your father can repudiate his beneficiary interest to the other beneficiaries (this will only work if you are also a beneficiary of record). You have a potential multijurisdictional issue which needs to handled properly or the wholly...

Q: Is it against the law in Colorado for a buyer to be present at a home inspection?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 21, 2016
Tristan Kenyon Schultz's answer
It is not illegal, but it would be very unusual for a buyer to be present at the inspection. Before the inspection check the sales agreement to see if there is any language about this. Next make sure that both the inspector and the seller are ok with the buyer's presence.

Q: Can someone in my situation apply for advanced parole?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 19, 2016
Tristan Kenyon Schultz's answer
Repeat Question. See prior answer.

Q: My ex and I have joint custody. He recently moved and refuses to give me his new address, can he do this?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 19, 2016
Tristan Kenyon Schultz's answer
Your ex is likely violating your custody agreement and most certainly violating Colorado law. I suggest that you file a contempt charge against your ex. Our local courthouse will have resources to assist you or you can hire a lawyer.

Q: I'm a trans man and my wife used a sperm donor, can I sign the birth certificate in Colorado?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 19, 2016
Tristan Kenyon Schultz's answer
Without reviewing your specifics of your situation I cannot say for certain, but I can give you some general information and guidance. Colorado wholly adopted the most recent version of the Uniform Parentage Act (UPA), which has specific guidance for assisted reproduction. The section you are interested in is CRS 19-4-106 (link: http://www.intotolegal.com/upcoming%20Events/Forms.html) . Section 106 states that provided the insemination is done by a healthcare professional and both spouses...

Q: Can I change my son's last name to my married last name? His dad left when he was one year old now he is almost 5.

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 18, 2016
Tristan Kenyon Schultz's answer
Yes, you can. Here is the link to the CO Courts: http://www.intotolegal.com/upcoming%20Events/Forms.html (click on Judicial Branch and scroll down toward the bottom until you find "name changes"). You can do this without a lawyer, but you may want to contact a lawyer for legal assistance and advice.

Q: Can someone in my situation apply for advanced parole?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 18, 2016
Tristan Kenyon Schultz's answer
If you have a completed DACA you can leave the country with advanced parole (this is different if your DACA is being processed or under review). If you want more information about the application you can do the following: contact an immigration attorney, visit the USCIS website, and/or schedule an appointment at the USCIS office in Denver. Whether leaving to work is Mexico is a good idea is personal decision more than a legal decision.

Q: Im 19 years old and still in trurency court, I was wondering can i move and this would be dropped?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 17, 2016
Tristan Kenyon Schultz's answer
Moving will not change anything, since the original court will still have jurisdiction (power) over you (i.e. they can force you to come to court). It is fine if you want to move to Denver, but you will still have to make appearance in Ft. Morgan. You may be able to move some (but probably not all) aspects of your case to Denver County.

Q: In Colorado, if I did not file a police report, how late can you do it for fender bender / minor accident?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 17, 2016
Tristan Kenyon Schultz's answer
While you can file an accident report with the police, it will be of little weight. I would contact your insurance company and provide them with updated information and follow their instructions. You can also contact the other drivers insurance or file a petition in small claims court (both not recommended unless your insurance company will not assist you).

Q: What constitutes a "conversation" for purposes of legal recording in Colorado? Must you stop recording when asked?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 16, 2016
Tristan Kenyon Schultz's answer
If you want specific advice and guidance you will need to hire a lawyer for their legal opinion (Justia is only for general information). Turning to section 304, you are correct Colorado is a single consent state without a requirement of notification, however, look at the language "not visibly present during a conversation or discussion". If you need some guidance look at this case People v. Palmer, 652 P.2d 1092. As for the requirement that recording stop when asked, the answer is less clear....

Q: Where can I get help to recover stolen property

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 16, 2016
Tristan Kenyon Schultz's answer
If you plan to hire a private criminal defense attorney mention the title problem -- your attorney should be able to handle both the criminal defense and clearing the fraud from the car title. If you plan on using a public defender (which is fine), the PD will only be able to help you is not far as it relates to your criminal defense. In other words, you will need to file a complaint with the county where the car was registered.

Q: I was promised 25 shares of company stock in a signed offer letter that I never received. I am no longer with company.

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 15, 2016
Tristan Kenyon Schultz's answer
You can contact the company to see if they have a duplicate offer letter. If they don't you have an oral contract. While oral contracts are enforceable, they are extremely difficult to prove and can only be handled by either admission by the other party (which almost never occurs) or litigation. You may want to contact a lawyer who can help you problem solve a solution for you.

Q: If an apartment complex does not give you a lease knowing your a first time renter can you get them in trouble?

1 Answer | Asked in Uncategorized for Colorado on
Answered on Mar 14, 2016
Tristan Kenyon Schultz's answer
It is very unusual that you did not receive a lease agreement, but there is nothing illegal or improper in you not receiving a lease agreement. What this means is that you lease is defined by default statutory laws. Any oral agreement can modify these terms, but oral agreements can only be enforced by a court order (after a factual review) if there is a dispute. Experience or inexperience is not a direct factor that would be considered by a court (there are no special laws protecting 1st time...

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