Colorado Recent Legal Answers from Lawyers

If you have completed the time period for probation and not "Motion to Revoke" has been filed, then it seems it will not be a problem. If they did file  motion to revoke probation (and that is how you know they say you missed the UAs), then a hearing will likely be set and they may ask for an additional sanction (community service work, extending probation, etc). ... Read Answer

If you had non-immigrant intent when you entered the United States and there are no other issues that would bar your admissibility, then you would be OK to move forward. You should contact immigration counsel to proceed. A Canadian visitor without visa may be petitioned by a US citizen spouse and file a green card application with the petition and not leave the US. Some of us take these cases on a flat fee, which is reasonable with no hidden costs. ... Read Answer

Sorry to learn of your horrifying experience. You may wish to reach out to Dan Lipman (720) 414-0518, Christopher (Buck) Dominick (303) 794-743, 303-529-1153, or Porya Mansorian (303) 803-7228. I have had a positive experience with all of the above lawyers and I believe you would be well-served by any of them. Engaging a lawyer is often about “fit” and that is a subjective factor you need to determine on your own.  Regardless, you should, of course, conduct your own thorough independent evaluation of any lawyer you intend to engage, as it is a very personal decision and it is a decision worthy of your full consideration. Until you have engaged an attorney to represent you, you should be mindful of any deadlines that may apply. Please be certain to promptly and diligently follow up on your legal matter, as there may be deadlines or other time periods, etc. which could harm your interests or legal rights simply through the passage of time – some of which may have already passed or the passage of which may be imminent and certain of which are very short and require rapid action that underscores the importance of engaging excellent counsel as early as possible. I am not in a position to advise you on these matters at this time, including any relevant statutes of limitations, but encourage you to move quickly to retain counsel of your choosing in order to protect your interests. I’m hopeful that one of the above lawyers will be able to assist you. Kind regards,   Cyrus ... Read Answer

Sorry that you have been having serious mental and physical issues as a result of the accident and fallout.  What kind of policies are involved? Please include whether it is a 1st party (you retained the carrier directly with a policy designed to protect your rights and interests) or third party(where a third party acquires the information for another party.   Please also let me know the types of coverage that may be avaiable under the various policies (for example, work comp, self administered / self insured governmental or special district, general liability, D&O, disability, accidental death and dismemberment AD&D, critical illness or condition coverage, alternate limited cash benefit policies (such as Aflac and other similar providers), and EAP or medical benefits coverage programs. Many EAPs have 24 hour availabile counselors to help with medical and mental issues and some focus on military members and first responders so you will get even better service in that regard.  You may want to use that benefit.  Please reply with the request info.  Your "ideal" case would be a portfolio suite with every coverage under the sun written on a first party basis. The real world often ends up with just third party general liability coverage for a claim under a third party caused motor vehicle accident.  The standards are lower for these cases and more difficult to prevail on.  Please provide details on the specific coverages and a summary chronology log of when information was provided and when did they respond. For any period of delays, we examine when you sent in info and then look at the delay of when the reply was provided. We further examine their response meets the legal requirements and if any extensions of time were requested in advance and reflected a proper insurance purpose.   If you are fortunate to have a first-party policy, you can potentially recover treble damages for any unreasonable delay if you can establish bad faith violations.  I apologize I was not able to provide a definite answer. To give a comfortable indication of potential outcomes I need the additional information. Please note the above is general legal information. IT IS NOT LEGAL ADVICE and should not be used in making any decision to proceed or not to proceed. Any engagement with our firm, if accepted, would be subject to successful completion of our internal conflict check process. Hope this information is helpful in the interim.  Wishing you strength, comfort, peace for the holidays and your efforts to get insurance coverage you are entitled to receive in a timely manner. Kind regards, Cyrus Rajabi Jones & Keller, PC  ... Read Answer

The simple answer is "YES" you can ask the judge for more time before you are 're-sentenced' in your probation violation.  If you have other pending cases, the courts typically have the probation complaint 'trail' (follow behind) the new cases - and if a plea bargain can be worked out in all cases together, then the court will often accept that. I strongly encouage you to apply for the public defender to represent you so that you have a lawyer helping you. You may find that the result is much better than you are anticipating.... Read Answer

To try to 'fight for the house' you will need a family law attorney to help you.   That being said, I am curious how you got the word that he was going to try to sell the house, as normally in these settings a 'no contact' order is issued, precluding him from having any contact with you or talking to you, emailing you etc. If he directly made this comment to you or told it to someone with the idea that they would tell you, then he has likely violated that 'no contact' order and can be arrested on that new charge. I would encourage you to contact the police if he did violate that order.  As to the house, if it was purchased while you were married, regardless of how it is titled, you have an ownership interest in that house and a family law attorney can help you preserve that interest, and also help you deal with custody of the child, etc. ... Read Answer

You can try contacting the court - best to do so in writing explaining your situation. When you did not appear for court, a warrant likely issued for your arrest. If you call or send in a written explanation, the court might then set a new date for you to appear and at that time they would quash the warrant.  Some courts have ways to get warrants quashed by showing up at certain times or days. You can call the court clerk's office and ask about that, but that would require you to travel to the courthouse.  ... Read Answer

In general, your daughter should handle a case this small on her own in small claims court.  The cost of an attorney would be more than the case is worth, and, unless the parties' contract provides for the losing party to pay the winner's attorneys' fees, or unless Colorad has a statute which allows the winner to collect attorneys' fees in these circumstances (I doubt it but I'm not a Colorado attorney), each side would pay its own.  Moreover, they may allow certain liberties and informality in small claims court that would neer fly with an attorney representing you, such as using an email as testimony without the mechanic actually testifying under oath and subject to cross-examination.  Your  daughter also has a problem if she cashed the $100 check, as the mechanic will almost certainly make a very credible claim that he gave her the $100 in full settlement of her claims.... Read Answer

If he misses court, a warrant will be issued for his arrest, and he could be arrested in Texas, and await transport to Colorado to appear in court - that would be VERY much more disruptive to his life than finding a way to attend his court date.  He could hire a lawyer in the County where he is in Court and maybe the lawyer could work out getting rid of the warrant and resetting the Court date for a month or more later to give him time to get the funds to travel.  If he qualifies for the public defender to represent him, he could apply there (in the county where the case is) and have them help him (google Colorado Public Defender and find the office in the county his case is). I suppose he could also write to the court and request that he be allowed to appear at court by video.   All of that being said, he should check his Appearance Bond form, as it may say he cannot leave the state without court approval. If that is the case, and he is in Texas, without court approval, then he really needs to get a lawyer to make sure he does not do something that causes him even more problems. ... Read Answer

DAs can (and often do) prosecute people who did not commit the crime they are charghed with - because they get information from law enforcement that makes them beleive that they can prove the case. To be convicted of a crime you certainly must have beenproven to have done something to facilitate the crime being committed by these sub-leasees. ... Read Answer

A minor theft charge like that, espcially if it is your first time, sometimes gets resolved by a "deferred sentence''. That is a plea bargain where if you plead guilty at the beginning and agree to abide by certain conditions over a time period, then in the end, the guilty plea is withdrawn and the charge is dismissed so it does not end up with a conviction. The probation might be 12 months. The conditions might be that you attend a 'theft' class, do community service work, not violated the law, pay various costs, etc. ... Read Answer

If you don't believe the attorneys earned the fees they are charging you, don't pay and defend the suit when they sue you.  If they truly did nothing to earn the money they are charging, the court will not award them any fees.  As for the seller financing the litigation I'm not sure what you're talking about, unless you are referring to an attorneys' fee provision in the contract which provides, for example, that in any litigation relating to the contract, the losing party will reimburse the prevailing party for their legal expenses.  Even if there is such a clause in your contract (which wouldn't be unusual), it doesn't mena that you have no obligaiton to your attorneys, it means that IF you win, the other side will have to reimburse you.  Also, you can only be reimbursed for "reasonable" attorneys' fees, and courts rarely require 100% reimbursement.... Read Answer

If someone has stolen somthing from you then it is appropriate to report it to the police. If the police believe they can prove that he/ she took things from you, they will charge the person with Theft or maybe other charges as well.  If the person is convicted of Theft, it is likely the Court will order them to pay you for your loss as a part of their sentence in the case. If you prefer not to get the polcie invovled for some reason, you could sue the person in civil court for 'replevin' - i.e. recovery of items they have that are yours. If the value of the property is worth less than $7500 you could probably sue in small claims court and you can find those forms (normally lawyers are not invovled in small claims court) online on the Colorado State Court website under "Self Help" tab and locate 'small claims' forms.... Read Answer

It would be appropriate to file something with the court that issued the bench warrant asking that the bench warrant be quashed, and attach a receipt showing payment.  If it is no0t quashed, a quick court appearance likely will resolve the matter. Most courts have a day and time for people to appear on bench warrants to get the case reset on the court docket.  Also, be aware that an 'unpaid ticket' will suspend your drivers license until the matter is resolved so getting the case in court resolved (i.e. bench warrant removed) is important so the DMV record ends up being accurate and you don't get arrested on the warrant or for driving while suspended. ... Read Answer

Assuming that the J-1 visa holder is not under a two-year home residence requirement, such a person is not constrained by time if marrying a US citizen and filing for adjustment of status to permanent residence. While it is always better to file while in status, it is not a necessity for immediate relatives of US citizens (spouse, parent, or child under 21 and unmarried). We have in the past adjusted the statuses of immediate relatives who entered legally and were out of status for over 20 years. 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

You should talk to your probation officer because they will waive the fees they can if you qualify for the waiver - and any fees that have to be paid, the probation officer OR the court clerk in charge of 'collection' will work out a payment schedule you can live with.  They will not/ cannot revoke your probation due to an 'inability' to pay the fees. Talk to them. ... Read Answer

It is best for you to retain counsel to process the case from start to finish. There are numerous forms and numerous documents that have to be filed and the processing speed takes at least a year. Some of us charge a very affordable flat fee and counsel in any state can represent you and your wife. For simple cases the flat fee is $1500 and this can be split into two payments Over the course of a year.... Read Answer

I suggest not talking further to the police until you have a lawyer.  Hire a lawyer sooner rather than later. Then tell the lawyer the full story, and what you told the police. The lawyer can help you decide whether it makes sense to talk any further or whether to take a polygraph. You never have to take a polygraph and there are lots of considerations in whether to take one or not, although the results are not admissible in court. However, the police may use the results to decide whethere to charge you with something.... Read Answer

Yes you can sue a company from another state, the question is where, e.g. does the company have sufficient contacts with your state for the courts of your state to exercise jurisdiciton over it relating to this dispute or do you have to sue it in its home state?  In this case, because the company solicited you (presumably in your home state) I think you could probably sue it in your home state except that it is likely that your contract will have either an arbitration clause (requiring you to litigate any dispute in arbitration) or an exclusive forum clause (requiring you to litigate any dispute in a particular court of a particular jurisdiction).... Read Answer

I am pretty certain that this ask was in the form of a "cease and desist" letter.  Attorneys for intellectual property holders write such letters to parties that are purportedly infringing their client's IP.  As a matter of custom, and for good reasons, these letters are usually very strongly worded.  You, the recipient of the letter, are under no obligation to comply with its demands.  However, you are very well-advised to retain the services of an attorney to advise you on what risks you may face for non-compliance.  It MAY be the case that the other side really has no legal basis for asserting their rights against you, in which case the letter simply goes in the "circular file". However, it may also be the case that the other side has a legal basis for filing suit and obtaining a judgment against you for infringing their intellectual property.  Now that you are notified of the claim of infringement, if you continue the activity and the other side really has a case, you may be held liable not only for infringement but also for WILLFUL infringement, which, depending on circumstances, may carry enhanced damages that can be claimed against you. Short answer, retain an attorney to obtain at least an initial opinion as to whether your best course is to comply with the cease and desist letter.  The advice need not be terribly expensive, perhaps one or two billable hours.... Read Answer

The DMV only needs to SEND notice of the suspension, which they do to the last address they have for you, they do NOT have to show you recevied it.  That said, on a poitns suspension you can request a hearing and then they start with a 'base period' of a six month suspension with a probationary license or three months with no driving. So request a hearing by calling DMV at 303-205-5606. ... Read Answer