Colorado Public Benefits Questions & Answers

Q: If a warrant is issued for the arrest of a person, can I make a citizen's arrest?

1 Answer | Asked in Public Benefits and Criminal Law for Colorado on
Answered on Jul 11, 2017
Tristan Kenyon Schultz's answer
Citizen arrests in Colorado are allowed in two situations: (1) the perpetrator committed the crime in the alleged crime in the private citizen's IMMEDIATE physical presence or (2) if assistance is requested by a police officer in the officer's immediate physical presence. Failure to meet either of these safe harbors will likely result in criminal charges of assault/battery and/or kidnapping/unlawful detainer.

Q: if my sister let me stay for over a month and she on section 8 how long can they evicted me

1 Answer | Asked in Family Law, Small Claims, Landlord - Tenant and Public Benefits for Colorado on
Answered on May 7, 2017
Tristan Kenyon Schultz's answer
This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.

Q: My 9 year old continues to physically assault other kids in school. Can I put him in a scared straight program?

1 Answer | Asked in Criminal Law, Education Law and Public Benefits for Colorado on
Answered on Feb 10, 2017
Tristan Kenyon Schultz's answer
I would contact the school counselor for suggestions. I am not sure if there is a voluntary scared straight program in Denver--even then, 9 is a bit young for this type of program. Clearly there is something wrong, you may want to consider both parenting and child classes/therapy.

Q: Allegations and record of arrest are Basis for proposal to terminate section 8 voucher. A full dismissal of all charges.

1 Answer | Asked in Public Benefits for Colorado on
Answered on Nov 3, 2016
Tristan Kenyon Schultz's answer
It depends on the nature of the Section 8 termination hearing. If it was solely based on a criminal charge, the dismissal should bar a termination based on criminal conduct. If the termination had other claims unrelated to the criminal charges, the dismissal may not impact these grounds for a termination hearing.

Q: Can another lawyer examine me without the presence of my legal council in front of a HUD hearings officer ?

1 Answer | Asked in Public Benefits for Colorado on
Answered on Oct 31, 2016
Tristan Kenyon Schultz's answer
I am not familiar with all the specific of HUD regulations, but as a general rule for most agency office reviews, lawyers for the agency are not involved. A lawyer for the agency will only be present if the office appealing party notifies that they will retain a lawyer (as you correctly did). Since you notified that you would not be retaining a lawyer (I assume reasonably before the hearing), HUD probably should have terminated their request for a lawyer. This, obviously, did not happen. As for...

Q: I have an outstanding child support arrearage owed to me that child support enforcement has always handled for me.

1 Answer | Asked in Family Law and Public Benefits for Colorado on
Answered on Mar 12, 2016
Tristan Kenyon Schultz's answer
It is common practice for the government to take priority for TANF payments when back child support is paid. If you feel this was an error and/or you want to pursue civil collections against your ex I suggest that you hire a lawyer. There are also some pro bono resources which may be available: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .

Q: Do you work with social security And SSi existing benefits?

1 Answer | Asked in Public Benefits for Colorado on
Answered on Feb 15, 2016
Tristan Kenyon Schultz's answer
You can hire a lawyer (which is easier), but you can also see if you can resolve yourself. You will likely need to be present with your brothers for your office visit. See if you can schedule an appointment at your local SS office (expect this not to work). If you cannot schedule an appointment, then you will need to go to the office and wait (expect 2-3 hour wait). There is sometimes some useful information on the My Social Security webpage (I have found it to be occasionally unhelpful).

Q: SOMEONE PASSED AWAY AND HER SSI CHECK WAS DIRECT DEPOSITED I HER ACCOUNT WITHIN A WEEK AFTER SHE DOSE IT GET SENT BACK

1 Answer | Asked in Public Benefits for Colorado on
Answered on Jan 6, 2016
Tristan Kenyon Schultz's answer
Is this currently in probate? If it is, the personal representative may want to contact a lawyer to review options for returning the check. If the estate is not currently in probate, I would recommend that the family (ideally the likely personal representative included) make an appointment with your local Social Security Office. This issue here is not the that the check should be returned, the issue is whether the family has the legal power to return the check. Proper notification should cure...

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