Colorado Recent Legal Answers from Lawyers

Even though a state’s law may support the cannabis industry, that does not apply to the federal government, and persons without US citizenship should be wary about taking jobs in the industry or taking liberties with the marijuana laws that state laws allow. Under federal immigration law, only possession of 30 g or less of marijuana is forgivable. Violators face the possibility of removal from the United States. 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

First Degree Criminal Trespass is defined as 'knowingly and unlawfully enering or remaining in the dwelling of another'.  Voluntary intoxication is not a defense to this crime.  However, certainly being intoxicated may mitigate the seriousness of the offense in some ways.  Depending on your prior criminal record, if any, and the homeowners position on the case, it may be possible to work out a plea bargain that owuld not result in a permanent felony conviction on your record.  Our firm would, of course, be happy to help.    ... Read Answer

You can amend the trust to so provide.  To make sure that the amendment is done correctly and does not lead to lawsuits after you are gone, ask an experienced trust and estates lawyer to help you and keep a complete, dated and signed list with a copy someplace safe so that it cannot later be altered by someone else.... Read Answer

While it depends a bit on what County your case is in and the specific facts of the case, it is extremely unlikely that on a first offense, minor 'domestic violence' case you woudl go to jail.  The focus of domestic violence cases, for the most part, is to get the 'offender' into domestic violence treatment (not to jail them).  I would be VERY surprised if you saw the inside of the jail again. And there are plea bargains that can result in the case being totally dismissed in the end - and then it can be 'sealed' so it does not show up on a regular public background check.  NOTE: The reason you had to spend a night in jail is because the law requires that you see a judge and acknowledge the 'protection order' before you can be released. It is a sad 'quirk' in "domestic violence" cases. ... Read Answer

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. Afternoon, A simple title transfer may be done by quit claim deed. You may be able to find a form online and file it with the county clerk and recorder office where the property is located by yourself. That being said, you may require more than the basic quit claim deed depending on the surrounding circumstances. Transferring title can have tax implications, cause problems with the banks, be subject to challenge, and an array of other issues. Consider having an attorney draft everything for you. Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read Answer

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. Afternoon, It is possible the title automatically past by operation of law via joint tenancy. Ownership of property is typically (not always) documented in public records. Depending on deed filed with the county clerk and recorder where the property is located, title could have passed directly to her upon her parents’ death. If the deed or trust or other document did not contain the proper provisions, it may be in the hands of the court. It all depends on the status of the title. It may be wise to look into a title opinion prior to selling the house. Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read Answer

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. It would depend on what stage of the transaction you are at and the contract you signed with the agent. Also, are you a buyer or seller? The contracts are typically favored to the seller. If you have not made or accepted any offers on the land you may be able to just walk away. Some real estate agents are exclusive for a set period of time meaning you may have to hold off on your transaction until the term expires. Some are non-exclusive. If the agent is clearly acting in bad faith, consider reporting him to the local real estate commission. I hate to say it, but it just depends. Allot more information is needed.   Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read Answer

From your description, it appears that this is an heirship (no Will) and that he never asserted or did not successfully assert an informal marriage in the probate court.  If you did not present the probate court's judgment in the eviction action, talk with a local attorney to learn whether you are foreclosed from doing so in an appeal.... Read Answer

To work out a 'global disposition' where a person has multiple cases in multiple counties, takes getting the prosecutor assigned to each case, in each of the different counties, to talk to each other and work together to coordinate a resolution of all of the cases. That can be an agreement to treat a case in one county a certain way if a case in anotehr county is resoolved in a certain way - that type of thing. It is NOT easy to do - even as an attorney - and would be particularly hard to do as a person representing hiself. But I suppose it is possible to do.... Read Answer

To straighten out the driving record it would take contacting the court that notified the DMV of the conviction, get their records straight and have the court notify the DMV of the situation (remove the 'unsafe car' ticket if there was no such ticket). So to be clear, contacting the court that said you were convicted of the ticket is the first step, get a copy of the file the court has and see what it says, and try to straighten it out from there.... Read Answer

A sentence to "Community Corrections" is actually a prison sentence with placement at the halfway house, so violating the conditions of the halfway house would normally result in the sentence being converted to a prison sentence.  The presentence confinement and the time spent in the halfway house would be credited against the sentence in prison.  It is sometimes possible to work out something that would not end in a prison sentence but it depends on a number of things.... Read Answer

I think about all you can do is notify the Domestic relations court that your son is in jail - I do not beleive the criminal court judge will order transport of your son to the domestic relations court.  I would call or email the clerk for the judge that is handling the domestic relations case and let him or her know the situation - what jail your son is in, how long he is in for, etc.  The emails address (sometimes) and phone number for each judges cler can be found on the web page for that court (like Boulder court or Arapahoe county court, etc). There is a link to "Judges and Staff" on each website for each court....... Read Answer

It really depends on the jurisidiction the warrant is from and the facts of the underlying case. Often the police do not actively seek out people with warrants but instead wait until they are contacted by police for some otehr reason, then the warrant is located and the person arrested.  However, it can be an advantage knowing the warrant is outstanding, especially if you know what bond amount ($$) was set on the warrant, as then you can turn yourself in, at a time convenient for you, and be prepared to post the bond.  ... Read Answer

Unfortunately no. USCIS will only allow work permission in petition cases where the priority date is current, an applicant is eligible for adjustment of status to permanent residence, and the employment authorization application has been submitted with or at some point after the adjustment of status application has been filed. Your priority date is in 2019 and the Department of State visa bulletin for the month of April 2021 shows visa availability only for those who filed petitions in your category before November 1, 2006, for most countries of the world except India, Mexico, and the Philippines, whose natives must wait even longer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. ... Read Answer

The law allows you to request that the Court order a refund of a portion or all of the money paid to a bonds person if the bond is reduced or vacated within 14 days of when it was posted.  The statute (below) is 16-4-110(2). You can file a motion with the court in your case and ask the judge to order the bonds person to refund some or all of the money you paid them:   16-4-110 (2) If, within fourteen days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered either by order of court or upon the motion of the district attorney or the defendant, the court, after a hearing, may order a compensated surety to refund a portion of the premium paid by the defendant, if necessary and supported by factual findings, to prevent unjust enrichment.  If more than fourteen days have elapsed after posting of a bond by a defendant, the court shall not order the refund of any premium.... Read Answer

It is not double jeopardy since one is an administrative matter and the other is a judicial matter . It has been challenged in court and lost.  Having a drivers license is a 'privilege' and not a right, so they can attach any rules they like to getting one (for the most part). Sorry.  That said, you might consult with a lawyer to see if there are any other options.... Read Answer

I'm very sorry for your loss. Absent a court order, you can't force the hotel to release your late bf's things to you, so see how the hotel wants to handle it.  If the hotel willa ccept a video chat ok from the parents, fine.  If it wants a signed and notarized letter from the parents authoritzing you to get the stuff, then do that.  It's in nobody's interest to go through the time, expense, and hassle of a lawsuit to get you authority to handle this.... Read Answer