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2 Answers | Asked in Criminal Law for Colorado on
Q: I have a probation violation court date in 2 days and the lawyer I was initially going to hire is terrible.

She is trying to charge my father $7,500 for a retainer and hasn’t even spoken to me about my case yet. I need to know what my options are.

Reid DeChant
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answered on Dec 3, 2023

You can always fire your attorney if you are not satisfied with their representation and then hire someone else.

It’s possible they aren’t prepared to work on the case (talk to you) until they are paid. Some attorneys are more willing to discuss a plan for your case before they are...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado on
Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

James L. Arrasmith
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answered on Nov 28, 2023

If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in... View More

3 Answers | Asked in Immigration Law for Colorado on
Q: I am looking for a lawyer that can help and assist in the review process of my and my fiancés K1 Visa.
James L. Arrasmith
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answered on Nov 27, 2023

Finding a lawyer for assistance with your K1 Visa application process is a wise decision. You should look for an attorney who has experience in immigration law and is familiar with K1 Visa applications and procedures.

You can start by contacting the American Immigration Lawyers Association...
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3 Answers | Asked in Immigration Law for Colorado on
Q: I am looking for a lawyer that can help and assist in the review process of my and my fiancés K1 Visa.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2023

Note that the processing speed for fiancé visas is currently running more than 18 months. This time does not include the processing speed for the adjustment of status leg of the journey, once your fiancé arrives in the states which can also be up to 18 months. You would be wise to retain counsel... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Colorado on
Q: how long does it take for a chap 13 bancruptcy filing to put a stop to debt collection and property tax redemption?

property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.

not much income, not enough time to sell the property. 10 days before the deed is handed over.

will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More

James L. Arrasmith
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answered on Nov 27, 2023

Filing for Chapter 13 bankruptcy in Colorado can provide immediate relief from debt collection efforts through what's known as an "automatic stay." This legal provision goes into effect as soon as your bankruptcy case is filed, and it halts most collection actions against you and... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Colorado on
Q: how long does it take for a chap 13 bancruptcy filing to put a stop to debt collection and property tax redemption?

property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.

not much income, not enough time to sell the property. 10 days before the deed is handed over.

will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More

Martha Warriner Jarrett
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answered on Nov 25, 2023

A chapter 13 filing will stop the sale of your property immediately (the automatic stay). In order to continue with the sale, the taxing agency will need to ask the Bankruptcy Court to lift the automatic stay to proceed with the foreclosure. If you have significant equity in the property, it is... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for Colorado on
Q: My engine was stolen by my mechanic. Car no longer runs replacement engine ran for 50 miles blew head gasket now what?

I have proof that it's different engine my engine was video taped by car dealership 2 days prior when getting oil change. It's an engine that is not compatible with my car. My mechanic denies it but the evidence is overwhelming I contacted the police 2 days ago and they decided it was a... View More

James L. Arrasmith
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answered on Nov 25, 2023

In your situation, where you believe your mechanic stole your engine and replaced it with an incompatible one, it's understandable to be frustrated, especially since the police have deemed it a civil matter. The distinction between civil and criminal matters can sometimes be nuanced. In this... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

1 Answer | Asked in Communications Law and Internet Law for Colorado on
Q: Can a giveaway have a free entry to all but extra entries given to those who pay for additional entries?

I stream on Twitch which is a platform where people can sub and donate to a streamer. I would like to run a giveaway for Christmas. To incentivize subscriptions, I wanted to give extra entries to those who subscribe to my channel. I know giveaways have to have a free method of entry. If I allowed... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Colorado, as in many states, the rules governing giveaways (often classified as "sweepstakes") can be complex, particularly when involving both free and paid entries. The key legal consideration is ensuring that your giveaway does not become classified as a lottery, which typically... View More

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

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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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 DUI / DWI for Colorado on
Q: Fourth felony DUI new law you can have your license back immediately with interlock?
T. Augustus Claus
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answered on Nov 14, 2023

If you have a fourth felony DUI, you will be required to serve a mandatory jail sentence of at least 18 months. You will also need an ignition interlock device installed in your vehicle for at least 3 years. An ignition interlock device is a device that prevents you from starting your car if you... View More

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2 Answers | Asked in DUI / DWI for Colorado on
Q: Fourth felony DUI new law you can have your license back immediately with interlock?
Reid DeChant
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answered on Dec 3, 2023

First, the other answer to this question is incorrect so please do your own research before trusting random people on the internet. The minimum jail sentence is 90 days on a F4 DUI. I’m assuming the attorney is from another state.

Second, there are a lot of factors that come into play to...
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1 Answer | Asked in Employment Law for Colorado on
Q: In Colorado, if I work over 5 hours is a break required. My Employer offers on-the-clock free meals but NO breaks.

Hourly employee in Colorado. There are no breaks or rest periods during an 8-hour shift, but a free meal from the company is offered.

James L. Arrasmith
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answered on Nov 13, 2023

In Colorado, employment law requires that hourly employees are entitled to a 30-minute meal break when working shifts that exceed five consecutive hours. This break must be duty-free, and if it cannot be provided, the employee must be paid for this time. In addition to the meal break, employees are... View More

4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Dec 4, 2023

You will need an answer from a Colorado attorney. That said, I would get that answer as soon as possible because, at least in New York (my State of practice) and many other states, the time it takes to "discovery" malpractice does not necessarily stop the clock for limitations purposes.... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello. My question is about my parenting plan and holiday schedule.

I'm scheduled to have my son on holiday starting at 5pm on Friday, school ends before that. It's my co-parent's regular parenting time weekend, so she would usually pick up our son from school. However, it is my holiday weekend. Does this mean I can pick up our son from school before... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2025

Look at your holiday provision. They usually say something about holiday provisions supercedes the regular parenting time schedule.

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: If I intend on filing a lawsuit against a Colorado Police Department; what steps would I need to take first &foremost?

Also is there a statue of limitations when filing a suit against a police department for illegal search and seizure, excessive force, abuse of power and harassment/false detainment.

James L. Arrasmith
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answered on Jan 13, 2025

To begin filing a lawsuit against a Colorado Police Department, start by documenting all relevant details of your case, including dates, times, locations, and any evidence you have, such as photos or videos. Next, you should file a formal complaint with the police department's internal affairs... View More

1 Answer | Asked in Tax Law for Colorado on
Q: i owe about 10 years of back tax on my home. a letter in mail said 2 liens on home will and now will go to auction.

in March. nothing mentioned of late tax. only liens. I recently won an injury settlement and could pay most if not all. if late penalties were removed even better. can I pay tax or do I pay liens, or can I do either. Can you help me please. You would understand me more if you read letter

James L. Arrasmith
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answered on Jan 12, 2025

I'm sorry you're going through this. With your injury settlement, you can use the funds to pay your back taxes directly, which may help prevent the auction of your home. Contact the tax authority immediately to inform them of your intention to pay and to discuss the best way to apply your... View More

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