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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

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2 Answers | Asked in Estate Planning for Colorado on
Q: What form is needed to fund a living trust with real estate
Joel Hassell
Joel Hassell
answered on Sep 6, 2024

In Colorado, to fund a living trust with real estate, you typically need to transfer the title of the property into the name of the trust. The primary form required for this process is a deed, specifically a quitclaim deed or a warranty deed.

Here are the basic steps:

1. Prepare a...
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2 Answers | Asked in Estate Planning for Colorado on
Q: What form is needed to fund a living trust with real estate
Nina Whitehurst
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answered on Aug 29, 2024

A deed is used to transfer real property to a living trust. The deed must be recorded in the land records of the county in which the real property is located. There are several types of deeds. An attorney can help you prepare and record the right kind with the right claims for exemptions from... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Is what my rental company doing legal?

The house that my roomates and I recently moved into is sinking into the ground and they are doing active construction on the home while we are living in it. There is orange fencing around the construction area when they are gone but during the day there are construction vehicles that we have to... View More

Stephen Johnston
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answered on Aug 28, 2024

The lease agreement that you signed is going to make a huge difference regarding this circumstance. In Colorado, the legislature has given very few protections to tenants. If you believe that the property is uninhabitable Colorado law would allow you to leave the property without being required to... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: Could an occupied structure mean a storage unit?
Amedeo Zmarandoiu
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answered on Aug 20, 2024

The legal definition of an "occupied structure" can vary depending on the specific statute involved, but generally, it refers to a building or space where people are present or where people could reasonably be expected to be present.

A storage unit, by its nature, is typically not...
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2 Answers | Asked in Consumer Law, Estate Planning and Tax Law for Colorado on
Q: Hello I am trying to turn my LLC into my holding company which means I need to file Articles of Cooperation and a 2553?

Just formed my LLC and want it to be the holding company and an S corp what do I need to file and in what order?

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I mostly concur with the earlier answer provided to your question above. Here is my response with a few more notes

1) Use Your LLC as a Holding Company: Structuring your LLC to act as a holding company simply involves using it to own other businesses or assets. You don’t need to file...
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1 Answer | Asked in Car Accidents for Colorado on
Q: Does there have to be a breached contract to make a case in regards to a car accident with an uninsured driver? There

I didn't call the police and I couldn't come to an agreement with the at fault driver. There was no injuries.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Colorado attorney could advise best, but your question remains open for over a week. Until you are able to consult with a local attorney, the short answer to your question is "no." It isn't a claim based on a contract theory of law; it would be based on negligence. If a contract... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Should I use money from sale of property to pay down my mortgage.

I want to avoid capital gain taxes as much as possible.

James L. Arrasmith
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answered on Jul 23, 2024

Using money from the sale of property to pay down your mortgage can be a wise move, but it requires careful consideration of your overall financial situation. Paying down your mortgage can reduce your monthly expenses and the amount of interest you pay over time. However, it's important to... View More

1 Answer | Asked in Family Law and Small Claims for Colorado on
Q: is it illegal for my grandmother to open my package and take some?

I (15 year old) have been earning my own money and decided to use this money to buy a variety of items off amazon. I was on a vacation recently when the packages arrived and because my grandmother (legal guardian) was home i explicitly told her to not open them and just leave them in my room. When... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like a frustrating situation you're dealing with. While it might not be illegal for your grandmother to open the packages since she is your legal guardian, it is definitely a breach of trust, especially since you specifically asked her not to open them. As your guardian, she does... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?

Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More

James L. Arrasmith
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answered on Jul 21, 2024

It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.

You should...
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1 Answer | Asked in Traffic Tickets for Colorado on
Q: I lived in Colorado 10yrs ago, and got a ticket that year (sometime between April 2013-May 2014) that I had forgotten ab

Well, I went to renew my Texas drivers license today and was told that I can’t because of this ticket. How in the world do I even address this? What’s that statute of limitations?

Kimberly Diego
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answered on Jul 5, 2024

A warrant in a traffic case will cause an OJW hold on your license. You will simply need to resolve the outstanding ticket. If you retain a Colorado attorney, they can file a motion asking to vacate the warrant and schedule the case for appearance and resolve the ticket. The clearing of the... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you believe the perpetrator is being offered an unfair sentence, you should reach out to the prosecutor handling the case. Express your concerns about the leniency of the proposed probation, especially considering his history of violent felonies. Providing specific details about the impact of... View More

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2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Traffic Tickets for Colorado on
Q: I was stopped for speeding. 52 in a 30. Seems fast to me but I'm not contesting I was going faster than the S. Limit.

Should I go to court and talk to the judge about lowering points (possibly the fine too)? I've lived here (in CO) 10+ years & have never received a ticket. I'm normally a cruise control guy & don't speed. I support a family of 6 on 1 income (mine) and I drive for work... View More

Kimberly Diego
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answered on Jul 5, 2024

It would be the prosecuting attorney to whom the request for the reduction in points could be made. You may improve your probability of getting a suitable reduction by proactively engaging in a traffic class offered through court approved providers such as CIMA or ISAE. Different jurisdictions... View More

1 Answer | Asked in Tax Law for Colorado on
Q: IRS taking 10+ weeks to return my money wrongfully taken out. Can I sue?

I owed and payed off but they took the sum out again even though I already paid. Have contacted them several times by phone and tried to make in person meeting but they are booked out the next 60 days. Tried to fax a form 911 for TAS to help but getting error messages for their fax number. Called... View More

James L. Arrasmith
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answered on Jun 27, 2024

While I understand your frustration with this situation, here's an overview of your options and some considerations:

1. Suing the IRS:

It's generally not advisable to sue the IRS over delayed refunds or processing errors, especially within this timeframe. Courts typically...
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1 Answer | Asked in Immigration Law for Colorado on
Q: i would like to find a lawyer to help me expedite my asylum interview for humanitarian reason for reasonable price.

i applied asylum in Mars 2016 and still waiting for interview , and my mom just passed away a week ago. And while waiting my dad passed away 3 years ago. I dont know what else to do.

James L. Arrasmith
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answered on Jun 25, 2024

I'm sorry to hear about the loss of your parents and the difficult situation you're facing with your asylum application. Here are some suggestions that may help you find a lawyer to assist with expediting your asylum interview:

1. Contact local non-profit organizations...
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1 Answer | Asked in Copyright, Entertainment / Sports, International Law and Intellectual Property for Colorado on
Q: Can I link to copy-righted material on Patreon?

I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?

James L. Arrasmith
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answered on Jun 19, 2024

Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:

In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement...
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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Colorado on
Q: Can I ask the attorney what questions they will ask me at a deposition prior to the meeting?

I have a deposition approaching can I ask which questions will be asked ahead of time?

Michael Joseph Larranaga
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answered on Jun 19, 2024

It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.

That being said, there are very limited instances where your attorney may stop the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I live on a property I was fired from and the new manager brought me a paper saying I had to be out in ten day not

Signed. Has a typed name of owner. No contact was ever made. No post for other employees to know of job opening do I need to leave in the ten days

James L. Arrasmith
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answered on Jun 15, 2024

Receiving a notice to vacate the property within ten days can be alarming, especially if the notice is unsigned and lacks proper formality. It's important to understand your rights as a tenant, even if your housing is tied to your previous employment.

First, verify the legitimacy of...
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1 Answer | Asked in Criminal Law for Colorado on
Q: How do I go about this situation, and keep my phone without going to court?

My mom got charged with assault against me and cannot come anywhere near the home or contact me. My car is in her name even though Ive spent 2k on it, and she also bought my phone for me. She sent officers to my work today and they told me that she wants the phone back (keep in mind im 18, and she... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry you're going through this difficult situation. Since you are 18 and your mom bought the phone for you when you were 17, it complicates things slightly. However, if the phone was a gift, you may have a claim to it.

First, gather any evidence that the phone was given to...
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