Colorado Recent Legal Answers from Lawyers

These really are questions to ask your lawyer as he/she will know more of the details of the case and etc.  Of course, if the probation condition is NO MARIJUANA then even second hand smoke could be an issue for you so probably NOT living with someone who is going to smoke is the best idea. If you remain living with him, then you should make a point to not be around when he is smoking or has smoked, or convince him to smoke only outside or something.  As for whether the proposed plea bargain is too harsh, your narrative does not give enough information to analyze that - it depends  alot on the facts of the case, criminal history, county the case is in, etc. ... Read More

If you fully comply with the conditions of your probation then you won't be refered back to court and so there would be no chance of you going to jail.  I am a little unclear on why you had that questions since you did not imply that anyone was threatening you with jail, but hopefully that answers the question.... Read More

In some states your attorney must obtain the Court's prior permission, submitting a contract of sale and comps and appearing at a hearing, and the closing must be into escrow for a certain period in order to permit others to object that it was not conducted at arm's  length before the judge can sign a decree of sale and keys and cash can be disbursed.  Contact the attorney who represented you in applying for conservatorship.... Read More

If a person is still legally married regardless of wherever that person was married, he or she would be committing bigamy by marrying another without having the marriage annulled or otherwise dissolved. U.S.C.I.S. would not approve a permanent residence application if it knew that the applicant was not free to marry the petitioner. 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

This is a very interesting fact pattern.  There is some legal authroity that just running the license plate and learning the 'owner' has warrants, may not be enough to contact someone.  Also, the fact you were not in the car at time of arrest is a good issue on the search of the car (unless it was being towed from where it was parked). You should definitley consult a lawyer. ... Read More

For now at least, your husband will be represented by the public defenders office so long as he remains in custody and has not posted bond. You may very well qualify for them to represent him throughout the whole case, given your limited income. They are excellent lawyers (with lots of cases) and you should trust that they will do a great job for him under the circumstances.... Read More

The time period within which a lawsuit has to be filed with the court for an auto accident is three years, so it sounds like it was filed in a timely manner.  You need to hire a lawyer to defend your daughter.  If there was no insurance, she personally will be liable for any amounts awarded in the lawsuit. That can follow her for years as they try to collect on it. The other side will have to prove the damage to the car and for any injuries to the person. That is complicated, but possibly could be done.  You can request (normally through a lawyer) all the medical records, medical bills, car repair bills, etc.  If the other person had 'uninsured motorist coverage' then their insurance paid their claim, and the insurance is trying to get reimbursed. This complicates it even more.  I don't know how you would get through this without hiring a lawyer.  It may be the case can be settled for less than it would cost to defend the case. ... Read More

What happens can depend on the Court it is in, but I would expect that so long as the alleged offender actually shows up on the new court date, the bond will be reinstated and the case will move forward.  (NOTE: A PR bond does not require the posting of any money so this must be a cash bond). If the alleged offender does not show up, then the person who secured the bond (i.e. paid the $1250) will get a notice that they have to show up in court and the money could be forfeited. However, if they show up with the alleged offender, the bond likely would not be forfeited. ... Read More

It would be unusual to not have the discovery by six months into the case. If there are witnesses that are helpful and the prosecution has not interviewed them, then it probably make sense to have had an invetigator interview them by now. If the lawyer is working by the hour, then he/ she should be able to provide a detailed accounting of the hours spent. If they are working on a flat fee then there should be certain landmarks in the case that justify a portion of the flat fee. ... Read More

I beleive the best approach is to contact whatever agency you report your community service work hours to (probably Community Justice Services or your probation officer), ask for additional time to complete the community service BEFORE the time runs out, and have a plan on when the remaining 30 minutes will be done. This MIGHT avoid you being referred back to the Judge.  However, even if you are referred back to the judge - do the remaining 30 minutes BEFORE the court date and have proof of that - the judge will likely accept it.... Read More

This is a very tough situation.  Without looking at everything in the case - police reports, lab results, etc. there is no way an attorney can give advise on which way to go here.  The risk is extremely high.  That being said, if he is willing to take the risk, the decision as to whether to go to trial is your boyfriends - it is his life that is at stake, so if he decides to go to otrial, his attorneys have to honor that and proceed.... Read More

It is unfortunately not that uncommon for reports from other cases to be in the wrong case. I do not see a way that this would cause a dismissal of your case. However, it MIGHT suggest that you do not have all of the discovery in your case (maybe some of it went into the otehr persons file) so it is worth exploring that - and make sure you have all the information the DA has about your case.... Read More

It really depends on a number of thing but to directly answer - if the victm does not show up it is likely the DA will dismiss the case. But they have the ability to subpoena her for the trial and force her to show up or she could get arrested for not showing up. Also, they can, at times, proceed without her as a witness.  I would not count on winning by her not showing up. ... Read More

Of course, but you may not be able to file it in small claims court, which in some jurisdictions only handle suits between locals, and may h ave to sue in a higher court, which will have higher fees.  Also, if you sue in your state, you may have to show that the Court has personal jurisdiction over the defendant, i.el. that the defendant has sufficient contacts with your state to make it fair that he/she be sued in that jurisdiction.  Since this suit arises from the defendant's breach of a contract which was to be performed in your state (i.e. to repay money to you in your state), you should be able to meet this requirement.... Read More

If you move to Texas PRIOR to your sentencing date, Colorado law allows the judge to impose a sentence that is just a fine and community service work.  It depends on the county whether they follow this procedure or not, however. Or if you move to Texas after the sentencing, probation can be transfered there under the interstate Compact (a rather complicated process that can take several months to complete).  You will have to get an alcoho0l evaluation in Texas and do whatever is recommended there - if you have not completed your alcohol program before moving - you will be starting all over again. So, the short answeer is you can move, but it is complicated. A lawyer could really help you with this.  ... Read More

Short answer  "no".  More detailed answer:  A person under 18 cannot go to "jail" - if they were to be incarcerated it would be in "juvenile detention" (juvenile jail).  However, if the charge is in a municipal Court (versus state court) most municipalities do not provide for jailing of people under 18.  That said, even if you were over 18 I cannot remember a case where a shoplifter got jail. It may even be possible a avoid a conviction - they may offer you a 'deferred sentence' where if you take a 'petty theft' class, they will remove your guilty plea and dismiss the case after it is done. ... Read More

Yes, you will need separate lawyers unless you can find a lawyer willing to represent you both and, if you do find such a lawyer, he or she will require you each to sign a 'conflict waiver'.  There is still a risk that at some point a true conflict could arise, and then the lawyer could no longer represent either one of you, and you'd both have to start over with new lawyers. ... Read More

 Unfortunately it is not illegal for officers to mute or turn off their body cams while consulting with other officers- in fact many departments have a policy that allows or even requires it. But juries seem to dislike it when officers do this spit can help your side of the case if the case goes to trial.... Read More

Even though you have committed domestic violence harassment misdemeanors against your wife, that does not preclude you from sponsoring your wife for residence status. However, whether U.S.C.I.S. will approve an I-130 petition where the beneficiary is not present at the interview is highly questionable. I do note that there is a recognized risk during these years of the Trump administration that persons who appear for I-130 interviews and who have final removal orders may be arrested by ICE and subject to immediate removal. 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

If there are new charges for violating the protection order (whether it actually occured or not) and if it is a domestic violence case, there is not a way to avoid going to jail until you see a judge. However, if you can find out how early in the day you need to be in the jail of the county where the charges are in order to see the judge the same day, and you get to the jail to turn yourself in before that time, then you may be able to avoid spending the night. If a bond amount is set on the warrant, and it is not a new domestic violence charge, then you can show up at any police agency, turn yourself in, and post the bond to get a court date.     ... Read More

I'm sorry, but I think your chances of getting a ruling before the new scheduled court date are zero.  Right or wrong, the Judge decided to adjourn the hearing to 1/9, and there is no way to get that overturned, certainly not in time to do any good.  I'm sure you are very frustrated, but civil litigation takes a long time (I am right now working on a case which started in 2001) and even in small claims court, where they streamline the process and try to get the case moving faster, they are unlikely to be very concerned about a 5 week delay.  They are much more concerned about making sure that every party has an adequate opportunity to make their case.  As for your evidence, again small claims court is somewhat different, but as a general rule the defendant has the right to see your evidence before trial and vice versa  (I assume that you provided copies, not the originals).  Parties are supposed to be able to study the other's cases beforehand.  "Trial by ambush" is very much frowned upon.... Read More