Colorado Recent Legal Answers from Lawyers

I suggest that you find some other way to immigrate. Your mother will have to become a US citizen in order to begin petitioning for you. For US citizens petitioning for married sons and daughters, the process is taking approximately 12 years. When added on to the five years for her to become a citizen, it hardly makes sense for you to attempt to immigrate in this way. You and your brother should try to find another route. 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 More

You do not have the power to drop the charges - only the prosecutor does.  They will ask for your opinion as the case goes along, but you do not get to dictate the outcome.  You can choose to cooperate with the prosecutor or not cooperate - it is your choice. If you do not cooperate they can force you into court by subpoeaning you to hearings or a trial.  If you do not show up after being subpoeaned, then YOU can be arrested. You can talk with your husbands attorney, or hire your own attorney to help with the process. ... Read More

Blood tests not being available by the first court date is not unusual.  The Court will merely keep resetting the case until the blood test results are provided.  Some courts do not allow you to enter a 'not guilty' plea at the first court date. That is because they have to get your case to a trial within 6 months of when you plead not guilty. That said, if you are in a county that does allow the not guilty plea to be entered at the first court date, then the trial must be within 6 motnhs of that date unless you 'waive speedy trial'.  So it gives you some leverage.... Read More

For the sales taxes in your questions, you are generally dealing with a couple aspects: 1. Is Sales tax applicable under the rules and if yes what is the amount due.  2.  If applicable, is it still due or does the statute of limitations on collections applies. 3.  Who are the reasonable parties who woudl be liabile to pay the sales taxes. In general, when you are discussing sales taxes and responsible parties you need to reveiw the specific taxing jurisdictions rules.  Depending on the rules, not only can the corporation be held liable for the sales taxes but also responsible parties such as officers and directors can be held personally liable. ... Read More

Generally, under Colorado law, a Colorado corporation must have one of the following terms or abbrevations as part of it's legal name: "Corporation" "Incorporated" "Company" "Limited" "Corp." "Inc." "Co." "Ltd." A Colorado LLC (Limited Limited Company), on the other hand, is not a colorado corporation so you would not have those terms or abbrevations above and different legal and tax rules applies. For a Colorado corporation you would prepare and file Articles of Incorporation with the Colorado Secretary of State and set up Bylaws. For a Colorado LLC your would prepare and file Articles of Organization with the Colorado Secretary of State and set up an Operating Agreement. As mentioned above, there is different legal and tax aspects of each type of entity.... Read More

In general, you have great flexibility to set the terms of the operating agreement of an LLC.  The equity %s do not always need to be the saem as the profit/loss %s.  Further, equity %s do not in general need to reflect actual capital contribution %s.  Based om the terms pf the operating agreement, the capital contributions do not need to be the same %s as the equity ownership %s.  Saying all that - The IRS does have certain regulations such as the Substantial Economic Effect rules which coudl be applicable to curtail some types of allocations so care needs to be made in drafting the operting agreement.... Read More

In general, an LLC should set up its own Operating Agreement to reflect the specific terms of operations, including ownership %s and management terms, as well as the specific tax aspects including who will be the Partnership Representative and details for the authority to act per the new Centralized Partnership Audit Regime IRS rules.... Read More

It sounds like you posted bond for your brother or co-signed his bond. If your brother does not show up in court on the bond you posted you won't go to jail but the Court may contact you to attend a hearing about whether you have to pay the money on the bond - the court may 'forfeit' the bond - as the bond secured your brothers presences. So, "no" you won't go to jail but you may have to pay some money.... Read More

If the car is being held for investigation, at some point they will notify you (or you could have your lawyer contact them) about getting the car back. At that time they could issue you a summons for DUI or I suppose even arrest you for DUI.  I strongly suggest talking to a lawyer NOW so the case gets off on the right foot from the very beginning.... Read More

If you turned yourself in on  bench warrannt and posted the bond to get out, then the warrant should no longer be active. Talk to your lawyer about contacting the court clerk to clear it up - or go yourself to the court clerk with a copy of your bond and see if they will remove the warrant.... Read More

You likely have a warrant out for your arrest for 'failing to appear' at your court date.  You should contact your public defender and find out how to get the case back on track - i.e. to turn yourself in or some courts allow people to be 'added on' to the docket to get rid of warrants, by showing up on certain days.  It does not make sense to try to live with a warrant hanging over you as you could be arrested at any time, disrupting your life completely. Get the case back on track - face the issues and get it over with, is my thought.... Read More

Defamation invovles a false statement of fact which harms another's reputation and causes them monetary damage.  Depending on what false infomration was communicated, the plaintiff may have to prove monetary damages, or they may be presumed.  Either way, however, only statements of fact can be defamatory, not statements of opinion.  Your rating could be viewed as a statement of opinion, but if I were the daughter, I would argue that your rating contains an implied statement of fact that you had dealt with that business and had an unsatisfactory interaction which, based on the facts you've recited, is false.  I don't know that this argument would succeed, and I also don't know if this statement would fbe considered defamation per se (the type where the defamed party need not prove monetary damages) but it is possible.  Thus, although it is likely that the daugher is bluffing and/or that you would prevail in any lawsuit, the safest course of action is probably to remove the rating.... Read More

An attorney who provided legal services in exchange for a share of your business would be entering into business dealings with his/her client.  While this is not always prohibited, it does give rise to many ethical issues, particularly where the client is not represented by independent counsel in negotiating the business terms.  MY guess is it will be difficult for you to find an attorney who would be willing to enter into such a relationshipk, particualrly with a start up.... Read More

Dear Ms. Strough: Each case is unique but for a successful product liability claim it is typically essential to preserve the defective product for forensic analysis by experts. If the first lawyer failed to act to preserve the vehicle, there may be a claim against him. However, there is a two year statute of limitations for legal malpractice claims, so the viability of your legal malpractice claim will be determnined by the date of the failure to act by the lawyer. I would be happy to discuss this matter further if you wish to contact me. Linda J. Chalat, Esq. CHALAT HATTEN & BANKER PC 303.861.1042 www.chalatlaw.com lchalat@chalatlaw.com  ... Read More

A guardian ad litem is someone, often a lawyer or a social worker, appointed by the court to protect the interests of someone involved in litigation, often a child or a legally incapacitated person.  If you have reason to think that you may be qualified to act in this capacity and would like a court to consider appointing you, contact the court.  Courts often have special training requirements and may require a resume showing your education and experience.... Read More

While both parents (not just one) can sign a Temporary Power of Attorney allowing someone to take the child to the doctor, register her for school, etc., just because they grant authority does not mean that someone else has to accept it.  You never needed to accept it.  Please think carefully about how you can end taking care of your granddaughter in a way which will hurt her the least.... Read More

First, the person who is the 'victim' of a crime does not have the power to 'drop the charges'. Once a crime is reported and police investigate it and decide to charge a person, the charges typically go forward. Second, if there is a warrant for your arrest, the best thing to do is to find out what the bond amount is, as set on the warrant. Then turn yourself in, prepared to pay the bond so you can be 'booked and released', as opposed to having to wait to see a judge. That way you can control when you are taken into custody so it has the least impact on you and your child.  Third, consult, in person, with a lawyer - or once the charges are formally filed in court (after you are arrested on the warrant) apply for the pubnlic defender if you think you qualify financially - and tell them the full story, including proving repayment of the 'victim'.  The case likely will be able to be resolved fairly easily (depending ont he specific facts). ... Read More

Yes, you should consult a lawyer.  It is important to closely review the police reports and any body camera footage from the Officers to see why they thought you were under the influence of alcohol.  The case could certainly be completely defensible. It is unclear to me what the alleged 'assault' was. However, this might be answered by a review of the police reports and body camera footage. Hire a lawyer, or at least consult with one, or apply for the public defender to see if you qualify for free representation.... Read More