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1 Answer | Asked in Criminal Law for Colorado on
Q: My public defender asked for a competency hearing a week before trial. I'm guessing because she's not prepared. Options?

She got upset because I refused to take a deal. I am 100% innocent, which was confirmed when the autopsy was finally given to her and I by my vet. His cause of death was euthanasia by HSPPR. And he had brain cancer that was causing his symptoms they claim I failed to seek vet care. Hearing is... View More

James L. Arrasmith
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answered on Mar 4, 2024

In this situation, it's important to communicate clearly and calmly with your public defender about the new evidence from the autopsy report that supports your innocence. Explain your position and the significance of this evidence in proving that the allegations against you are unfounded. This... View More

1 Answer | Asked in Contracts, Banking and Construction Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Michael Joseph Larranaga
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answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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1 Answer | Asked in Criminal Law for Colorado on
Q: Warrant for failure to comply, by not completing community service. $1250 bail book/release, should I turn myself in?

I neglected my community service, and now have a warrant for failure to comply. I have been told I could be released immediately from jail if I post my own bail, and then be on the hook for the community service without needing to go back to court. Does this sound legitimate? Since my bail is so... View More

T. Augustus Claus
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answered on Mar 1, 2024

Turning yourself in for a warrant due to failure to comply with court-ordered community service in Colorado can be a responsible step towards resolving your legal issues. If you have a bail amount set at $1250 for book and release, it suggests that you can pay the bail and be released without... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Real Estate Law and Contracts for Colorado on
Q: I have joint ownership of a small commercial building with my brother. Looking to seperate management and finances.

We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.

Michael Joseph Larranaga
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answered on Feb 27, 2024

You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... View More

1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Government Contracts for Colorado on
Q: What do u do when a judge is asked 3 times to recuse themselves for strong conflict of interest when your suing the judg

Judge, in a higher court over the same case as the district court , and strong showing of bias, deprivation of constitutional and civil rights in a criminal case in the district court, and a sheer abuse of discretion and power while she’s allowing a malicious prosecution with prosecutorial... View More

James L. Arrasmith
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answered on Feb 24, 2024

When facing a situation where a judge has denied motions to recuse themselves despite a perceived conflict of interest, and your rights seem to be compromised, the next step involves escalating the issue within the legal system. You have the option to file an appeal against the judge's... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Left my firearm in brother in laws car who is over 21 what are the repercussions if he got pulled over?
James L. Arrasmith
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answered on Feb 24, 2024

If your brother-in-law is pulled over while in possession of your firearm, the repercussions can vary depending on local laws and circumstances. In some jurisdictions, it may be legal for an individual over 21 to possess a firearm belonging to someone else, as long as they are not prohibited from... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and White Collar Crime for Colorado on
Q: Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean? in relation to embezzlement of an irrevocable family &

Q: USC 29 sec. 440 201(c) 205,206, 208, 210 what does this mean?

in relation to embezzlement of an irrevocable family & embezzlement of the retirement pension of settler inheritance to :"all heirs" 

A concealed trustee & tort de son fiduciary adverse beneficiary in... View More

James L. Arrasmith
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answered on Feb 24, 2024

The reference to USC 29 sec. 440 201(c) 205,206, 208, 210 appears to be related to provisions within the United States Code, although the specific sections cited do not directly correspond to the context of embezzlement or trust and estate matters as described. Typically, the United States Code... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: My friend handed me a vape and the teacher caught me and now they want to charge me with possession

If the girl says it was hers and she handed it to me would I still be introuble

T. Augustus Claus
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answered on Feb 23, 2024

In Colorado, if you were caught with a vape by a teacher and it's determined to be in your possession, you could still face consequences for possession, even if another student claims ownership and admits to handing it to you. The key issue for the authorities or school administration is the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

1 Answer | Asked in Family Law for Colorado on
Q: I put the wrong city of previous divorce on marriage license. Not the state. Does that make my marriage invalid?

I did not get the state wrong...Only the city of previous divorce.

James L. Arrasmith
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answered on Feb 23, 2024

A minor error such as putting the wrong city of a previous divorce on your marriage license is unlikely to invalidate your marriage. Marriage licenses typically require accurate information about your marital history, but small mistakes or discrepancies may not have significant legal consequences.... View More

1 Answer | Asked in Social Security and Public Benefits for Colorado on
Q: I am on disability due to prior cancer. 5 years ago, how would I check what exactly my med9 states in Colorado?
James L. Arrasmith
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answered on Feb 22, 2024

To check the specifics of your MED9 form in Colorado, which is related to your disability due to prior cancer, you should start by contacting the Colorado Department of Human Services or the specific agency that manages disability benefits in your area. They can provide guidance on accessing your... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

James L. Arrasmith
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answered on Feb 25, 2024

If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments

Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....

James L. Arrasmith
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answered on Feb 24, 2024

No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:

1. Statute of limitations - They can only sue or collect for a limited number of years, which has...
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