Colorado Recent Legal Answers from Lawyers

There are several ways you can protect your proprietary interest in your idea. First, understand that you do not need to build an actual physical product to be eligible to apply for a patent.  What you need to have done is to have conceived of the invention and to have worked out the details of the invention so that you can adequately describe how to make and use the invention to a person of ordinary skill in the art to which the invention pertains. If you have developed your idea to that point, you have enough of an invention to evaluate whether your invention is new and non-obvious in light of prior developments in the art.  Many people hire a patent professional (a  registered patent agent or patane attorney) to perform this task.  If a patent search indicates that your invention is new and non-obvious over the prior art, then applying for a patent may be justified. So, even though you have not yet produced a product, your invention may even now be eligible for patenting.  Only an inventor (or someone authorized by the inventor) can claim ownership of the invention claimed in a patent, so certainly patenting will protect your proprietary interest. Second, if you do not apply for a patent now, you can protect the confidential nature of your discovery by requiring those who work with you on the creation of the product, and anyone else to whom ou disclose your invention, to enter into enforceable non-disclosure agreements, binding them not to use or disclose your proprietary information without your express consent.  An intellectual property attorney can draft up a good template agreement for you to use for this purpose. As I do for anyone whose business depends on their intellectual property, I recomend that you engage the services of a patent professional to provide you guidance in this matter.  Many patent professionals (myself included) provide an initial consultation at no charge.  A registration to practice patent law is a nationwide license, so you are not limited to hiring only counsel in your local area. If you are interested in obtaining a free, no obligation initial consultation on this matter, please contact me at 425-533-6132 at your convenience. Anthony Claiborne... Read More

Criminal cases normally must be prosecuted in the State and County where the incident occured. I understand it occured in California, so I do not see a way to prosecute him criminally in Colorado. Also, criminal charges have to be brought within a certain time period after the criminal event.  I do not know the time limits under California law but in Colorado for most Misdemenaors the criminal charge has to be filed within 18 months of the event and for most felony charges it is within 3 years of the event.  As far as suing him in civil court to try to recover dollar damages, unless he committed some act invovled in this incident in Colorado, or if he lives in Colorado, or if he visited Colorado frequenetly (had some connection with Colorao), it is not likely a civil case could be brought in Colorado.  ... Read More

Because each joint signer is entitled to take out 100%, Medicaid will regard the money as being 100% that of whoever applies.  Be careful about putting money into your mother's account as Medicaid will regard it as hers.  Be careful about taking money out of your mother's account as Medicaid may regard it as a transfer/gift in an attempt to qualify for Medicaid (by hiding her money) and penalize her, not paying for her care for a period of time.... Read More

Careless Driving is defined as driving in a careless and imprudent manner without due regard to the roadway conditions (curves, traffic, etc.).  Sounds like the damage was not much.  Careless is a 4 point offense.  If the 4 points would give you 12 or more points in the one year period prior to this incident or 18 points in the two years, then you should definitely get a lawyer.  If not, then you might want to go to the first court date yourself and see if they will offer a plea bargain (2 points defective vehicle or 3 point too fast for conditions?) that you are willing to accept.... Read More

You can make a list of the property, real and personal.  The executor will need this for the Inventory and to attempt to recover it.  You can also offer to sign an affidavit that the step daughter was a guest, which may help the executor file a small claims or justice of the peace court suit to evict her.  While Colorado law and your late husband's will may give her an interest in the property, it is not hers yet.  If you are still paying for utilities, you might ask yourself why. Few people want to live without indoor plumbing, light and heat.... Read More

Of course to prove the case of a moving traffic violation against you the prosecutor has to prove you did drive - or (depending on the charge) that you had ‘actual physical control’ over the car - which sometimes does not require that the car have moved.  You definitely need to discuss the situation in person with a lawyer........ Read More

Many courts have ‘add on’ processes if people show up with outstanding warrants, to be added onto the judges docket that day and get the warrant removed and the case re-set for a court date. You might call the court where the warrant is and ask how they handle that - or hire a lawyer to straighten it all out for you.  Alternatively, the warrant likely has a bond set on it ($500) and you could turn yourself into the local jail, have the bond money available and post it immediately - and get out (in a few hours of processing) with a new court date. ... Read More

These are serious offenses- I suggest a consultation - in person - with a lawyer.  But aside from that - do plead not guilty and see what you can get for a plea bargain - but you will definitely have to do domestic violence counseling if you accept a plea bargain to ANYTHING in this case. Consult a lawyer - please......... Read More

If you “signed something with a court date” it means you have been charged and have a court date. If they did not give you a copy of what you signed that is unusual.  I suggest calling the court clerk of the county where you were arrested and asking when your court date is.  Or better yet, hire a lawyer to locate your case, and properly advise you on what to do and how to handle the case. You do NOT want to miss the court date - or a warrant will be issued for your arrest. Take this seriously and talk to a lawyer face to face.... Read More

Thewre are some plea bargains that would result in you not ending up with a permanent record. Whether they would be offered in your case, I cannot say for sure. However, given your age, it makes sense to do all you can to avoid a permanent conviction coming from this incident. If you qualify of the public defender to represent you, then talk to them. If you don't, it would be impoortant to hire a lawyer to handle this for you - to avoid as many long term impacts as possible. The money you spend now, can save you a lot of grief in the future.... Read More

Ypu can always discuss the situation with a lawyer who specializes in Employment Law if you are seeking to keep the job or pursue recovery for lost wages due to wrongful actions by the employer. However, if you are charged with a crime it will be much worse than losing the job.  On that front, I suggest consulting directly with a lawyer in your area to discuss how to handle any police contact. In short, right now, I suggest NOT talking with any law enforcement agency until you have consulted with a lawyer.... Read More

I suppose if the police have a basis to beleive there is some emergency/ threat to someone they may be able to search without consent, or if they beleive the person with a warrant is in the home.  It is an interesting issue and worth exploring by talking directly with a lawyer you hire. ... Read More

A DUI that is a fourth or more offense is a class 4 felony in Colorado. A class 4 felony carries a potential sentence to prison of up to 6 years in prison followed by three years of parole.  The actual sentence he will get depends on MANY factors like the county the case is in, the judge, the DA, the facts of his case, etc.  BUT often people get probation with some county jail time, sometimes a felony conviction can be avoided.  But he certainly needs a lawyer to help him with the case.    ... Read More

The "statute of limitations" is the time the prosecutor has to file charges - so it sounds like charges were filed, you plead guilty to something and didn't do everything you were supposed to. So it is not a 'statute of limitations' problem. There are two issues in Colorado - one whether there is a warrant outstanding for your arrest for not complying with the sentence (it may have been removed due to age of the case) and (2) if Colorado has put a 'hold' on your drivers license for failing to fully resolve the DUI case.  If Colorado has put a hold on your license, the only way to have it released, so you could get a valid license in another state, would be to check with the Colorado DMV and see what they need you to do in order to release the hold. It could invovle just paying money, or it could require that you prove completion of an alcohol program, maybe have an Interlock device for two years, etc. You can contact Colorado DMV or check your CO DMV driving record online if you like, or hire a lawyer to do that and advise you of what you need to do. I'd be happy to help if you like. ... Read More

Difficult situation but if she did go to the grandkids, and you have voice mails or texts where she explains she is doing that because you got a protection order etc. - it seems that any case against you would not go very far - probably.  The threats and stalking are certainly a crime and you can report it to the police. A protection order (really just a piece of paper telling her not to contact you) sounds like it might be useless against this person......although it would make it easier for her to be charged with a crime.   You have a difficult decision to make.... Read More

You coudl call the court and ask if there is a court date - or go on the state court website (https://www.courts.state.co.us/) go to "find a court and go to the county your case is in, go to the "Dockets" link, put in your information and see if thre is a court date set.  If not court date, then you coudl go to court clerks office and ask to see if the case was dismissed.  Or go see a lawyer, pay them a consultation fee (maybe an hour of work or less) and have them find out the status of the case for you. They may be able to do it from their desk whaile you are sitting there. ... Read More

It is hard to answer this question definitively without knowing what county you are in, what the alleged violations of the deferred sentence agreemeent are and other facts. However, it is typical many times on a first alleged violation of a deferred sentence for the court to just find the violation as having occured, revoke the deferred sentence agreement, impose the permanent conviction for the crime you were on the deferred sentence for, place you on probation with the same or similar conditions as those on the deferred sentence, possibly at worst add a condition of county jail for a few days, or maybe community service work, etc.  - so I would be surprised if on this violation you went directly to Department of Corrections.... Read More

"Statute of Limitations" is the time period the state has to file the proseution against you. Sounds like they filed, you plead and got your sanction (probation?). Therefore, I m unclear what you are trying to ask, sorry. Ae you trying to ask if it can be removed from your record someday (answer is no under the current state of Colorado law). ... Read More

If there is a bond set on the warrant, if you post the bond amount, you will immediately be let out. If no bond amount is set on the warrant then you will be taken before a judge once you are in custody and a bond amount will be set.  A violation of the deferred sentence sometimes just leads to the conviction entering (a pretty serious sanction) and then being placed on probation with similar terms. It would be unusual for you to get the 1-3 years that was deferred.... Read More

Yes, you could be charged with a crime.  You would be charged, at a minimum as an accomplice or conspirator.  Whether anyone (DA, Jury, etc.) beleived you thought it was okay is a question that will repeatedly come up. However, if you mother confesses to telling you to do it, it might help you and make it easier to work out a plea bargain that is favorable too you - IF you get charged. ... Read More