Colorado Recent Legal Answers from Lawyers

If the short term disability plan was provided by your employer, it is covered by a federal law called ERISA (The Employee Retirement Income Security Act of 1974).  Because it is covered by ERISA, a law firm that represents individuals nationally can help you with your appeal. You should retain an attorney to organize and write your appeal.  If you decide to do it on your own, here is some information to help you do it.  https://www.maddoxfirm.com/post/long-term-disability-appeal-letter Give us a call if you'd like further information about how we can help you. (212) 970-1190 www.maddoxfirm.com    ... Read Answer

This is generally what we call a prudential revocation that takes effect when you leave the US. Going to school or not going to school will have little effect upon the adjustment of status application filed by a US citizen for spouse although going to school may be considered a favorable factor in showing that you are still trying to maintain the nonimmigrant status under which you came to the US. Of more concern to an immigration officer may be your arrest for domestic violence. He or she may be interested in knowing more details about the incident. You may wish to discuss this with your legal representative prior to any interview with USCIS that you may have. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

As a DUI is neither misdemeanor nor felony, the DUI should have no effect upon the renewal of your green card. I assume that there were no aggravating factors. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Unfortunately there is no sister in law category for you to sponsor her under. Your sister in law can always obtain a visitor visa to visit the United States. If she has a sister or brother that has US citizenship, she can be sponsored by either of them, but that takes about 12 to 13 years before her priority date is current.           ... Read Answer

Just to clarify, do you mean deed of trust, which is the mortgage instrument, or do you mean the deed that transferred titled?  If it's the former this has to be done with the mortgage company through a refinance.  If it's the latter, the persons named as owner(s) in the deed simply execute and record another deed to the person or persons who are to remain owners, removing the other(s).... Read Answer

It's not a problem to open an estate and obtain a tax i.d. number 2 years after death. It is relatively common for issues to arise later that were not anticipated. However, I might question the information you are getting from the insurance company.  Insurance proceeds are not generally probate assets, unless the estate itself, and not a person, is named as the beneficiary.  If that's not the case then you might be able to use the Colorado Small Estate Affidavit, or an affidavit provided by the insurance company, to collect the proceeds. Not all state laws are the same, and insurance companies and other institutions often give out incorrect information about whether a probate is needed.... Read Answer

You don't say what the ticket was for but most traffic tickets would require that the car was being driven, r case of things like DUI, that you had 'actual physical control' of the car.  If the car was inoperable, then it would be unlikley one could be convicted of any offense requiring 'driving' or 'actual physical control'. ... Read Answer

Before you take any legal action, you should try to upload your DNA into one of the databases like 23 and me or ancestry.com and see if you get any DNA hits. He may have uploaded his profile into one of those services, and you may get an idea if he is your dad, even if his relatives have uploaded their profiles into the service database and you get a match.   ... Read Answer

My law partner Bob Miller is willing to discuss this with you - call him at 303-449-2830 x2. So if you woudl like to call him he may be able to help.  Certainly it would be best if the car that ran into your house was insured fully as that woudl make resolving the case and getting paid easier. ... Read Answer

Their is no "friend" visa category that you can sponsor him under. He can be sponsored by a US citizen fiancé, or he can get married to a US citizen or green card holder and be sponsored under those conditions. If he has a job offer, then his employer can sponsor him. There are other ways through investment visas etc, but those are restricted based on whether the country that he is residing in his part of the treaty. ... Read Answer

You are in a very tough spot as you have to defend yourself in the lawsuit and also if a judgment is entered against you, you will have to pay it. If you don't have a lot of money, you may want to consult with a bankruptcy attorney to see if you can go bankrupt on any judgment. Before doing that though, you may want to pay for an hour of a personal injury lawyers time to get advise on things you may be able to do.... Read Answer

Was there a blood test taken by the officer or just by the hospital for your treatment? I will presume the officer had blood drawn for his purposes as well.  If the accident did not result in any injuries to anyone else (other than you), then I do expect the charge of DUI will be added to your charges if it has not been already (there is just a small check box on most tickets that says a person is charged with DUI and people can miss that when looking at the ticket). If someone else was injured in the accident then there is a potential that much more serious (potentially felony) charges could be filed. You should definitely at least consult with a lawyer even if you decide not to ultimately hire one. A one hour paid consultation can provide you a lot of very useful information. ... Read Answer

To get a protection order you must be able to show the judge that you are in 'imminent danger'.  If you can do that the judge might considerr granting a protection order but it seems unlikley frankly.  All law enforcement offices have an 'internal affairs' department where you can complain about the actions of specific officers. You might try contacting them. Without knowing the specifics of the police harassment, it is hard to answer further. ... Read Answer

Driving with an expired license is a class B Traffic Infraction carrying up to a $100 fine as the penalty. I beleive it does not mateer if it is from anotehr state. Be aware, however, that if Colorado is your residence you must get a Colorado license within 30 days of it becoming your residence. ... Read Answer

I could help you with this. Is the ticket in the Wheat Ridge municipal court or Jefferson County Court in Golden? When is the initial court date?  You can contact me directly at dave@millerandharrison.com or call 303-449-2830 x3.   David B. Harrison Miller & Harrison, LLC 2305 Broadway Boulder, CO 80304-4106   Work Phone 303.449.2830  x3   Website: www.millerandharrison.com  ... Read Answer

You are correct - this scenario you describe makes no sense. If there is a warrant, you should have been released only after posting bond - or signing a 'personal recognizance' bond - and the bond form you signed (which you would have been given a copy of) would have a court date on it. It makes no sense to be fignerprinted etc. but not given a court date.  If I were you, I would contact the Court clerk in the county that the warrant is from and ask about whether a court date is set, etc.  If you cannot find out from a Court clerk I would definitely hire a lawyer to help you figure this out. ... Read Answer

It depends upon who built the fence originally, that is the owner of the fence. Otherwise its up to an agreement between owners to take care of it. If its built entirely on their property you have nothing to do with it, its up to them. You can build a fence barely on your side and leave them to clean up their old fence. If the fence is on the border between, you can tear it out, replace it, and sue them for contribution. Call me if you need to pursue this. Call a surveyor to determine the property line, do not consult county records or maps for that, even arial maps are not to determine boundaries accurately.... Read Answer

go to https://www.courts.state.co.us/Self_Help/houseevictions/ you must have someone else not related, no privity with you, over 18, serve the notice, and use the notice provided on the website. follow the forms and procedures from there, but if it is too daunting then use an attorney. I am available.... Read Answer

You cannot prevent them from increasing the minimum rental period, no. You do have a right to be heard and can attend their meetings and weigh in on key issues. Otherwise you can wage a campaign to be elected to the board, and/or get enough people to disagree with the policy that will show up to the meeting, and defeat it by public angst.  It is fully within their power to do so, unless the articles state that they have to refer this to the HOA members for a general vote, but that would be unusual.... Read Answer

If you are a US citizen, and your husband entered the country with permission, then you can sponsor him for a green card, despite that he has overstayed his visa.  If he entered the country illegally, then it becomes more complicated, but it still can be successfully processed. You should have a private phone conversation with an attorney to discuss the facts of your case. Some of us give free phone consultations.... Read Answer

Probation typically does not get 'back dated' so it starts the day you enter your guilty plea - so the two probations likely will run at the same time but the one you entered into later will extend past when the other one ends. That said, if you do well on probation, sometimes the probation department will ask to terminate your probation early or put you on unsupervised probation at some point.  Possibly if you have the same probation officer for both (i.e. one county transfers supervision to the other county), that probation officer will treat them as ending at the same time.... Read Answer