Colorado Recent Legal Answers from Lawyers

Theft of intellectual property is in the legal category of "tort".  The statute of limitations for a tort suit begins usually when the harm is discoverd.  If you discovered the theft farther back than your state's statute of limitations, it's likely you may not be able to recover for theft of IP.  Your question says you are in Colorado.  The Colorado statute of limitations for this kind of tort is generally two years. Depending on the value of your IP, it may well be worth your while to hire a Colorado attorney for private consultation on this matter.  Getting a professional opinion on SOL questions should be relatively inexpensive.... Read Answer

It may be possible to transfer from a pending B2 application to H1B without leaving the US. The B2 application if not yet adjudicated by the time that the H1B petition is being adjudicated is looked upon as a “bridge” application. USCIS will look to see whether the bridge application is approvable. If so, it could favorably adjudicate the H1B transfer petition if that also looks approvable. In such case, it might be in your interest to withdraw the B2 application if USCIS did not act on it prior to making the favorable H1B adjudication. 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

Not my specialty per se (I do more auto ins.).  But my thought is to write the life ins. co and copy your financial advisor stating you are cancelling the policy.  Fax it so you have the confirmation page.  I would also review your policy for any cancellation clauses and comply with those.  Finally, I imagine that if you stop paying premiums, they will cancel you as fast as possible.  Hope that helps.  ... Read Answer

Traffic fines are limited only by what the maximum penalty set by statute is, whether state statute or municipal ordinance. I am unsure where you saww that $80 is the appropriate fine. It certainly depends on the court the ticket is written into. Plus there are court costs and statutory fees added to the fine. ... Read Answer

Yes, if the person who obtained the civil Temporary Protection Order ("Petitioner") does not show up at the Permanent Protection Order Hearing (normally set about two weeks after the TPO is obtained), then YES the Permanent Protection Order cannot enter and the TPO will be dismissed.  However, if you are talking about the CRIMINAL protection order attached to a criminal charge against a person, then there really is not a second hearing, the court is attempting to protect the victim and the Court will decide what to do (although it can modify the order if the "vict5im" requests it).  ... Read Answer

Yes.  When someone dies without a Will you must settle their estate in an heirship proceeding.  This, too, requires a probate lawyer and court.  The court will appoint someone to settle the estate by taking control of the assets, paying the debts and distributing what is left according to the state's laws of heirship.  Please contact a probate lawyer who practices in the county in which your father died.... Read Answer

An executor has authority over the estate.  An executor does not represent anyone.  If the Will has been admitted to probate, the probate lawyer can advise the named executors whether Colorado permits co-executors, which you seem to think is the case.  Please note that the probate lawyer is not your lawyer and has no authority to advise you.  Please also note that in some states which permit co-executors, the executors are nonetheless permitted to act independently unless the Will provides otherwise. ... Read Answer

Sounds like you may have been issued a felony summons rather than being arrested, which is something that is happening more and more due to the virus issues.  Of course, the courts are not 'closed' - they are operating on limited staffing and not doing many in person hearings.  That said, read every document you have been given very carefully to see if travel is discussed.  If not, then you should be free to travel. You can call the court (the phone number is likely on the summons you got) and ask to be sure.... Read Answer

Hello - When dealing with the IRS for prior year deliquent tax returns there is really 2 main areas to consider - First is the actual tax returns themselves including what years can the IRS require you to file based on the statute of limitations and actually preparing and filing the tax returns and timing of such.  Second is dealing with the IRS for collections for any balances due including potential options of installment agreements and Offer in Compromises.  Also, note that you'll most likely have to deal with the Colorado Department of Revenue once the Federal tax returns are filed with the IRS. Thanks, Jeff     ... Read Answer

Based on that it is possible, if the case is handled well, that the prosecution cannot use the blood test results at trial and possibly the DMV can't use them (so your license would not be revoked). One could argue that you have been precluded from having the results for your defense - and that could help.  However, the remaining evidence of the officers observations of you, etc. likely could still be used against you.  I am hoping you have hired a lawyer with lots of experience in DUI cases. ... Read Answer

There is no way to remove old points from your driving record. The only possible thing that can be done is to try to 'undo' your payments by mail and start again in one or both cases to see if the points can be lowered. That will be fairly expensive and may not result in the points being reduced.  You likely will need to hire a lawyer to have a chance of geting that done.... Read Answer

If there is not a new date on the "Notice of Setting" then I would contact the Court (when it opens back up) and ask when the new court date is.  If the Notice of Setting has a new court date on it, then that is your new court date and when you have to be in court, and all they are saying is that you don't need to sign the form since you are not there in person at the time they reset it.  Is this a municipal Court case? ... Read Answer

It is not likely your court date is 'in a couple days' as all courts are basically closed due to the virus. You should call the court or look at the Courts' website for direction.  That said, if these are first and second offenses, it may be that they offer you a deal that will keep your record clean if you do certain things - restitution, community service, maybe a shoplifting class, etc..  It is called a deferred sentence or sometimes a diversion, where you plead guilty but if you do those things, then the guilty plea is withdrawn, charges are dismissed and you can then seal the record so it will not show up on public background checks. I suggest consulting with a lawyer - pay one for a half hour or hour of their time and get direct input about this. You do not want to have this follow you through the rest of your life if you can help it.... Read Answer

Short answer to your question is that the officer's identification of you will certainly be sufficient to provide evidence the offense was committed by you.  The officer no doubt got your name and date of birth, probably your drivers license or other ID. Many officers wear body cameras now so the interaction with you may have been on video.  Based on what you have said, to me it is not a good strategy to rely on 'they cannot prove it was me' as a defense. ... Read Answer

  As a US citizen, your petitions for your wife and parents have the highest priority already with U.S.C.I.S. as immediate relatives of a US citizen. Both are in the same category to be processed at the highest speed for the family based categories by U.S.C.I.S. 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

  Although there is much comment that nonimmigrants should maintain a valid nonimmigrant status during the time that they are applying for another nonimmigrant status with U.S.C.I.S., I do not believe that that would apply to your situation in which both you and your husband filed H-1B/H-4 applications at the same time. I do not believe that you are required to do anything. 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

Each party to a lawsuit pays their own attorney unless (a) the contract they're suing over provides for the prevailing paryt to collect attorneys fees from the loser; or (b) an applicable statute provides for the winner to receive attorneys' fees.  You need to check your contract to see if it has an attorneys' fees provision.  I don't think there are any statutes covering your claim, but I don't know Colorado law and there could be a consumer protection statute which might apply and which provides for attorneys fees.... Read Answer

Under US immigration law, there are only specific categories for family based cases and your sister's having a US citizen child will not expedite your application for her. 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

Hello Bethany, I am sorry to hear your child's godmother is facing this stressful situation. First and foremost, the lease will be controlling as to the terms of the tenancy for both your child's godmother and her roommate. In light of that, an attorney would need to review the lease to give you a full answer to this question. It is unclear to me whether the roommate situation is that both people are living in the same dwelling, or if it means that they are actually sharing the same bedroom. That is an important distinction. Generally, and without reviewing the lease, I find it unlikely that the roommate would have any right to exclude your child's godmother from a portion of the dwelling. Typically, by paying rent a person is granted the right to access an entire dwelling subject to any terms of the lease that dictate otherwise. However, the roommate almost certainly does not have a right to pack your child's godmother's belongings. The roommate also likely cannot force your child's godmother to surrender half of her bedroom to be used for the roommate's office space. The roommate also cannot force your child's godmother to terminate the lease.  Has your child's godmother reported the situation to the landlord? This entire situation is something that a good landlord should be able to address. My recommendation is your child's godmother first try to resolve the situation with the help of the landlord. If the landlord is unable or unwilling to help, your child's godmother should contact an attorney who can review the lease and, if proper, communicate with the landlord to ensure the landlord is following the terms of the lease and the broader requirements of the law. It may be the case that a lawyer finds it proper to deal with the landlord directly, with the roommate, or both. ... Read Answer

You have to consider both income tax as well as gift tax for this proposed transcation. If this transcation is actually a gift: 1.  For gift tax puporses - The individual making the gift (donor) would be required to prepare and file a Form 709 gift tax return with the IRS to report the gift since the individual would be making the gift to you as an individual and not an eligble charitable organization.  Based on the current level of the gift tax exemption there would most likely be no gift tax due by the individual. 2.  For income tax purposes - Since the assets gifted looks to be just cash, there would be no issues with tax basis and value.   On receipt of the funds you would have no income tax implications.   If you then donate the funds to an eligble 501(c) tax-exempt organization you would receive the income tax charitable donation.  If the individual is looking for an income charitable deduction for the funds gifted, it might make sense for you to set up a charitable organization and seek 501(c) tax-exempt status but there would be certain guidelines you would need to follow to avoid the personal inurement/private benefit/self-dealing rules.  If you have any additional questions, please let me know - Jeff      ... Read Answer