Colorado Recent Legal Answers from Lawyers

In addition to teh school (which seemed to know the new weight set was defective and still allowed it's use), it seems to me that looking at the negligence oft he weight/ bar bell company might be useful. Suing a school can be difficult and has it's own rules (if it was a public school), so get in to see a personal injury lawyer soon. We do that kind of work.... Read More

If you recant your statement as made to the police at the time the other person was arrested, it will not delete your previous statement - it will just add to it - i.e. "he/she said this to the police at the scene and is saying this now". Sometimes prosecutors charge people with "False Reporting" when they tell two different stories. As for talking tot he defendant's lawyer, many lawyers (including public defenders) do want a third party present when talking to the "victim" in a case - since at trial if there is an issue about what was said to them comes up, they can call the third party (investigator, etc.) to say what they heard you say.... Read More

A "victim" can always try to make their position known. Normally that is done, at least initally, through the District Attorney's office. Be aware, however, that the position you are taking is not unusual in a "domestic violence" situation and it is not uncommon for the DA to think that it helps prove you are a true vicitm (trying to "protect" tehe perpetrator). You can hiire your own lawyer as well, if you want more help getting your position across. If you go directly to the judge to get the protection order lifted, he/she will ask for the DA's position, so it makes more sense to start with the DA.  They will have you fill out a form explaining what you are asking for and why, then they will put their position on it, and file it with the Judge.  You can also contact your boyfriends lawyer and see if you can be of help to him/her. ... Read More

If you are the 'surety' on her bond with the court, then you need to take her to court and notify the court that you do not want to be on the bond anymore.  If you are the 'guarantor' with the bondsman, then you need to tell the bondsman that you no longer want to be the guarantor on her bond and see what they will require for you to be removed. It is likely they will require that you show up at their office with her, and turn her over to them. She would then be jailed again, until she can post the bond again. if she cannot post the bond, then she will wait in jail for her court date. ... Read More

It likely depends on how old the transcript you need is.  There was a point when all Colorado courts used live court reporters to take down the notes of a hearing. If the hearing is very old, the court reporter may have retired or even died.  The records may be unavailable. After a point, many hearing were recorded - first by cassette tapes, then on computer MP3's and other computer programs.  Sometimes the recording devices did not work properly so no transcript can be made.  Sometimes the recordings are destroyed after a time period. It sounds like you are doing what is possible to do by requesting a court order. I am not sure how much a lawyer can help, but a lawyer in the area near the court where the eharing was held might help. ... Read More

In Colorado to be guilty of DUI a person must be "driving" a motor vehicle, which has been interpreted to mean that they were in "actual physical control" of the vehicle. Seems to me you need to analyze whether a drunk person in a car with a 10 year old is in actual physical control of the vehicle, despite not being behind the wheel - was he directing the driving behavior of the 10 year old, helping in some way - and if so does that put him in "actual physical control". One could also ask whether the drunk person was committing child abuse by having the 10 year old drive?  Good luck. ... Read More

While it is legally possible to file for relief (I assume you mean to withdraw the plea and start again), it is extremely unlikely that it would be successful.  The courts look at the advisement you were given in court by the Judge when you entered your plea - not the facts of the case. The issue in withdrawing a plea is whether you understood what you were doing at the time you entered the plea. It will be quite expensive and difficult to try to re-open the case and certainly no guarantee that if you get to re-open the case and start again, that it will turn out better than a deferred sentence (which, if successfully completed, results in dismissal of the charge). ... Read More

I have never heard of a case being overturned, or a plea being allowed to be withdrawn, due to the defendant not receiveing copies of the discovery. If she was represented by the public defender, or possibly even by a private lawyer, and was in jail, then the public defender has a policy against giving people their discovery due to concerns that other inmates could get ahold of the discovery and make up stories about things the defendant said (to better their own situation).  However, they most certainly will have discussed the contents of the discovery with her. If she truly was never told what the discovery said, and IF there is something in the discovery that would cause her to have done something different than she did, it MIGHT be a basis for trying to re-open the case (withdraw her plea and start again). However, if that is allowed, there is no promise that the new outcome will be better than the plea she took orginally.  And such process can be very expensive to pursue. ... Read More

I am sorry that you are being bullied by this insurance company. I can help. I ahve been in prractice for over 40 years, and I understand how insurNCE djusters work, Ubder the facts explained so far, the insurance adjuster appears to be trying to take advantage of you. This is  wrong.  Even though you got the ticket, for no insurance, that can be plea bargained to a zero point violation, with later proof of insurance. The other party was at fault for thre accident. You are entitled to recover for property and personal injuries you may have received. Although thr traffic tikets are an important consideration for the trafficb court, the cause of accidevt testimony of the traffic officer is more important. You have a stronger possition of negotiation and settlement than you think. Adjusters tend to treat you better wheb they know you are represented.   D. Dale Sadler, Attorney... Read More

It would be very rare for the police to decide to charge the "victim" in the same case you are already charged in.  I am not saying they shouldn't, just that ti is unusual and I doubt they will.  You will definitely need a lawyer on your side if you plan to try to convince the prosecutor that you were the actual "victim" in the case.  These cases are very difficult and have to be handled by an attorney experienced in domestic violence cases. ... Read More

It is certainly possible you could get in trouble for it - even if that seems unfair.  I suppose you could be charged with Theft if the police beleived you did not have authority to take it.  There is also a crime of "False Information to a Pawn Broker" depending on what you said on the paperwork filled out for the pawn broker.  But having the text that apparently says you can pawn the computer to cover part of his rent is important, depending on exactly what it says.... Read More

It is pretty common that "domestic violence" victims change their story, so I doubt the police or prosecutor will believe the new story. It also may not change much anyway as the statutes for assault and kidnapping are very broad.  To have the most impact, you should hire your own lawyer, independent of your boyfriends, to see if they can have more productive communications with the prosecutors about the case. If you cannot do that, you can cooperate with your boyfriends lawyer and that might help some in the ultimate outcome of your boyfriends case. ... Read More

It is unclear to me why you think the court date was vacated (and why the judge doesn’t). Did you get a piece of paper saying it was vacated? If so, take that to the Court and show it to them. If not, then if you know who told you it was vacated and when and why, tell them that.  I would show up immediately at the court and get the case back ion track to avoid a warrant - or hire a lawyer to straighten it out.... Read More

I am afraid there is no way to answer this question without seeing your driving record and understanding why your license was suspended (or revoked - they are different things). However, "extensions" of a suspension or revocation often happen if a person gets a traffic ticket while their license is suspended or revoked. If that is the reason it was extended, it is not likely it can be shortened. I would contact a lawyer, talk to them directly, have them get your driving record (or you can do so by going to any DMV office and paying $9), and analyze the situation to see if there is anything that can be done.  You should be prepared to pay for the lawyer's time for doing that. ... Read More

The process for terminating probation early varies from court to court.  Some courts have forms they prefer you to use, others don't require a specific form. You can call the court clerk and ask for that court's preference.  Generally it requires showing you completed all of the terms of the probation (provide the paperwork showing that), so there is nothing further to do (other than stay out of legal trouble) to complete the probation. If you have a probation officer, and they are willing to file the request, it will be handled much more favorably.   ... Read More

DUI cases are very complex.  You will need a lawyer to help you.  If they are saying you refused to take a blood or breath test, that is both good and bad in the case - if you truely were sober then taking a test would have probably shown that, so it may have been a mistake to not take a chemical test of your blood or breath. The roadside testing is somewhat subjective in it's scoring so the officer can be challenged on that. Hire, or at least speak to, a lawyer, or if you qualify financially for the public defender let them represent you.... Read More

It really depends on a lot of factors whether you can get the case dropped.  Those factors include what court it is in, who the prosecutor is, what your prior record is, what the prior record of the other person is, what the setting of the incident was (sporting event, on the street, in a restaurant, etc.) etc. I don't think you can get it dropped by handling it yourself - I think you'll need to have a lawyer to figth for you.... Read More

Only certain cases can be sealed in Colorado. It would take looking at each case individually.  The Colorado Criminal Defense Bar does periodic clinics where they will look at people's records and tell them what can and cannot be sealed - and help them do it if sealing is possible.  Maybe go on their website or watch for when there is the next clinic. ... Read More

Low impact, "sof tissue" injury auto accidents result in low settleemtns as a general rule. It is also hard to find lawyers to take such cases as the fee (1/3 of the recovery) is often not seen as being worth the amount of work put into the case.   All of that said, you may be able to get the insurer to negotiate up a little bit, but you will need a lawyer to have a possibility of getting a much better result. It might require actually filing a lawsuit and working through that - which is a lot of work for both the lawyer and the client.  It will help if you have gotten treatment for your injuries and have documentation. Also, factored in is whether you have had prior injuries to the same parts of your body you complain are injured now. From your description, this is a tough case to get any substantial recovery. See if you can find a lawyer to take it on. ... Read More