Colorado Recent Legal Answers from Lawyers

It is EXTREMELY hard to withdraw a plea you have already entered.  It takes showing that you did not understand what you were doing, not just that you regret the decision now. Plus if the possible result after a jury trial is potentially worse for you, you might wish you had not withdrawn the plea. I would need a LOT more information to give a coherent answer to this question, really. Was it a deferred sentence where the guilty plea is withdrawn if you follow all the conditions of the deferred sentence? Did you actually have a jury trial where you represented yourself or are you saying you entered a plea on your own? What county was this? What was the conviction for? What was the original charge? The facts of the case of course are very important as well.... Read Answer

The fact that you checked off “yes” for the question of whether your spouse is a US citizen when you are single is something that you can straighten out at the time of your naturalization interview. The officer should go over the entire application with you and give you a chance to explain any discrepancies that he or she sees. 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 work injury in the ditch sounds like a workers compensation claim so you should seek out that type of lawyer, as it is a specialized area of the law.  The gunshot is unclear to me when it occured or who shot you so I cannot commnt other than to say there are time periods within which a case has to be brought and depending on when this occured, it may be too late.  As to the police hitting you with a baton, Colorado requires that a notice be sent to the governing body for the place the police work (like to the City Attorney or County commissioners, etc.), within 182 days of the incident before a lawsuit can be brought. There may be a way around that but even then lawsuits have to be brought within certain time periods and in Colorado to sue a police agency I beleive it normally has to be filed within one year of the incident.  BUT you could talk to a civil rights lawyer about that one, to get more specific insights.  Good luck.... Read Answer

A personal representative (administrator or executor) of an estate has a duty to gather all the assets, pay the estate's bills and distribute the rest according to the Will or, if there is no Will, the state's inheritance laws.  This includes a duty to preserve the value of the assets (by not "renting" a home for less than fair market value) and a duty to bring an eviction action in small claims/justice of the peace court and hire the sheriff to enforce it.  A personal representative who does not do his duty is personally liable for the decreased value of the estate.... Read Answer

This likely means there is something outstanding that is owed or needs to be done in the Michigan DUI case - maybe a driver's license fee due or something. A lawyer could help sort it out - or you can contact the Michigan DMV and see if there is some type of hold on your license, and then do whatever is needed to remove the hold. In some states you can get your driving record online and that should reflect what needs to be done.  I can help with it if you like.... Read Answer

Direct answer to your question is that it will be hard to find a lawyer who will just argue the bond issue, but it is possible. That is because often once a lawyer enters their appeaarance in a case, the courts lweave them in the case, so your friend would have to agree to let the lawyer withdraw once bond is decided.  That being said, many courts read the law as requiring a $50,000 bond for a sale of drugs case (especially if there is a prior). Of course if your friend stays in jail, she will qualify for the public defender to represent her.  Once she bonds out, she can only qualify if she meets their financial standards.  So once out, she likely will need to hire a private lawyer. She could go through a bondsperson to post bond - they can take up to 15% as their premium (non-refundable) to post bond - many do it for 10%. Some courts will set a cash option roughly equal to the premium a bondsperson charges.... Read Answer

I would suggest you write a letter to the apartment manager and have it delivered in a way you can prove they received it - hand deliver it to someone in the office, have a friend hand deliver it (or be with you so they can confimr it was delivered), or send it 'return receipt' (signed).  Or write an email and if they reply that proves they received it.... Read Answer

It is likely a condition of your bond that you not travel outside Colorado without permission of the court. Some counties have forms to use for that. If you are on 'pre-trial supervision' ask your pretrial supervisor about departing the state/country, and they can begin the process. Normally it takes a document that contains the position of the DA, any pretrial supervisor (if tehre is one) and then it goes to the Judge for their decision.... Read Answer

As I understand it, no one can have a residence licenses in 2 states.  They can have a residence license in one state, and non-residence licenses on other states.  But, to answer your question, it looks like she could use a Colorado address even though she does not live here to get a Colorado residence license.  Here is the website she should check out: https://home.pearsonvue.com/co/insurance to see what liability may exist for your parents.     ** I am not your lawyer.  This is not real legal advice.  It is my attempt to help others with some basic guidance.  **... Read Answer

Has she filed a lawsuit? If so, most courts will require that the parties "mediate" with a third party mediator to see if they can resolve it out of court. If it has not been filed in court yet, you can contact her and see what she wants and negotiate from there. You will want her to sign a release, if you reach a settlement, in exchange for the check.  IF her insurance company compensated her, they may be entittled to repayment as well, so consider that. It is likely best to hire a lawyer to work through this with you to make sure it is done correctly.... Read Answer

"Changing your story" has some risk of you being charged with false reporting - at least some prosecutors may threaten that. The safest thing to do is hire your own lawyer to interseed between you and the DAs office. If that is not possible, you could talk to your partner's lawyer and present the issue to that lawyer and see if he/she will go to the DA to tell them about the correction to the story.... Read Answer

Katie, In short, you can contact both.  It is a shame that this company mistreated you and broke the contract in such a way. It sounds as if you want to hold this company accountable and receive financial compensation for the breach of contract and resulting damages you suffered. For this type of relief you ought to contact a civil attorney who is well versed in business disputes and/or construction contracts. If fraudulent conduct is indeed involved and supported by sufficient evidence, there is potential to obtain a substantial recovery. I cannot comment on the potential for recovery any further without knowledge of the facts and a thorough review of the contract at issue. It is likely that you can find an attorney willing to handle this matter on a contingency fee basis. When you hire an attorney in this manner, they work for you and must follow your instructions to the extent possible within the bounds of rules of professional conduct and ethics. You cannot, per se, directly obtain this sort of personal financial recovery through the criminal justice system. To go the criminal route would require making a police report. From there, your involvement would be limited. If the authorities found there to be reason to suspect a crime may have taken place, they would likely investigate the situation. However, you would have no control over their decisions. This would not be the same as hiring an attorney to represent you and would not cost you to incur attorney fees--at least not directly.  It's possible that facts exist which could lead the authorties to recommend to the prosecutor to file criminal charges against the company and/or individuals involved. However, the standard of proof required in criminal law is "beyond a reasonable doubt." This is far beyond the proof required in a civil case which is a "preponderance of the evidence" or sometimes a heightened standard of "clear and convincing evidence." You are welcome to respond with further details if you so desire. I hope you find his explanaiton informative. Best, Joseph... Read Answer

It is very difficult to undo a guilty plea that has already occurred, especially if it was 5 years ago, but it might be possible. The 'newly discovered evidence' you have (the recorded phone call) might be sufficient as a basis for withdrawing your previous guilty plea and putting the case back into a posture where a jury trial could be had - it will NOT lead to the case just being dismissed.  I will add that getting the plea withdrawn (if possible) and then doing a jury trial will all be very expensive.  ... Read Answer

If you just had ONE DUI, and it was 25 years ago it likely will not impact your ability to get a CDL (per the Federal regulations) in Nebraska - BUT you may have to do soemthing in the state you got the DUI in order to have Nebraka be okay with you getting a CDL.  As for Nebraska law, you will have to check with a Nebraska lawyer. ... Read Answer

In looking at an article by the Colorado Legal Defense Group, a minor is allowed to drive or obtain a driver’s permit in Colorado under the following conditions: Even if a child is mature and responsible, they are required to go through the procedures to get an instruction permit or driver’s license before they can safely operate a vehicle. Minors in Colorado must be over the age of 15 before they can get a Colorado Instruction Permit. Minors under the age of 16 have to attend and complete a state-approved 30-hour Driver Education Class, pass the written test, show identifying documents and proof of physical Colorado address. A parent or guardian must also complete an Affidavit of Liability and Guardianship (DR2460).  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

Contact a probate lawyer who practices in the county in which your mother lived and died.  Some states require that a Will be submitted within a certain period of time.  Sometimes a letter informing the person holding the Will of this requirement prompts submission of the Will to probate.  Sometimes they claim there is no Will.  In that event, any heir can file an application for an heirship determination and settle the estate.... Read Answer