Colorado Recent Legal Answers from Lawyers

Your question is a bit unclear, but restitution in a criminal case and the ability of an insurer to seek reimbursement for money paid out in the same situation are two different things. They cannot "double recover" but it seems from your question that the amount they want was not included in the restittuion figure so it seems they would not double recover. Therefore you will have to deal with them and work it out, or they likely would sue you to recover it. ... Read More

Out of state cases are really nerve wrecking and complicated. As long as you and him both agrees to forego your parental rights, and the fiance is up for taking over as an adoptive parent, they can start the process and pay the court-litigation fees. Once they file their paperwork in court, you will be served, and you can either respond to it, contesting it or you can agree to it, and sign it off. It is better to go over your rights and options with an attorney before you sign or decide anything. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

You can try to fire your lawyer on the day of sentencing but it would be best to do so before then. Also best to find another lawyer to take over your case, have that lawyer talk with the first lawyer and substitute as your lawyer.  It is always hard to withdraw a guilty plea once it is made so do not expect that to be easy.  Maybe a "second opinion" is best to see where you stand, whether there is a way to withdraw the plea, and what a second lawyer thinks about the outcome that has already been worked out. ... Read More

You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.... Read More

I have previously been on the DVOMB and am familiar with the DVOMB Treatment Standards.  While I have not handled a case where a client has filed a grievance agasinst a treatment provider, following the DORA rules and responding to the complaint is something that should be fairly easy to figure out. I suspect if you followed the Standards protocol for the evaluation the complaint will not go very far.  ... Read More

It is VERY unlikely that the case will be dismissed, as these cases are taken very seriously.  The state wants the perpetrators of domestic violence to take doemstic violence treatment, which is time consuming and has some expense to it.  It is not uncommon for cases to 'get pushed back' and delayed as the case is worked out with the prosecutor. If you are feeling that the prosecutor is not taking your position in the case into account enough, you can hire a lawyer to be your representative to the prosecutor to try to get the outcome you desire for your ex.  ... Read More

I have seen this problem before, as Carfax reports are not up to date.  However, I believe you will find that Carfax discloses that its reports are not up to date in its paperwork.  In fact, just checking the Carfax website, in order to place an order, you must check the box next to the statement that says "I agree to the Customer Agreement and understand that CARFAX may not have the complete history of every vehicle."  Assuming you checked this box, on the website or on a hard copy, I don't think you have a claim.... Read More

I am not sure what you are asking - prosecutor's do not "certify a right to subrogation".  Subrogation is a right to recover for something you paid out that someone else ends up being responsible for. I am unclear how you think that relates to a possession of controlled substance charge. ... Read More

it is of course not legal for anyone to take out a loan in your name that you had not consented to, or to misrepresent to the bank that you had consented.  However, you are deemed to have read and undersdtood anything you sign.  If you, in fact, signed such a consent, you will have a hard time getting out of it and, even if you succeed in negating your contract with the food service due to fraud (very unlikely in NY but Texas law may be more sympathetic), you will still be obligated to the bank, unless the bank had reason to know of the fraud.  You may be able to get the food company to pay you back for any losses you suffer on the bank loan, but if it can't pay, you will still be on the hook.... Read More

Dear Ms. Ballard - Patients are typically required to read and sign an informed consent agreement which provides that your care provider has informed you of the risks of the procedure. This does not mean you have agreed to the possibility of medical malpractice and does not prevent you from pursuing a claim. You share a very disturbing story and I would recommend at least obtaining a copy of your medical records for review by a medical malpractice lawyer. Please keep in mind that in Colorado there is a two year statute of limitations for medical malpractice claims, you must file your claim within two years of the malpractice or lose your right to do so.  Other time limitations may apply so you should act promptly.... Read More

It is likely you will need a lawyer to try to get it reduced that much. There is some chance that if you agree to a driving school it might be possible to reduce it to 2 points but that would be quite a stretch in most courts - and it can definitely depend on what court it is in (County, Municipality, etc.)... Read More

They may be trying to decide whether to ask you to be an informant and set up some buys in exchange for now charging you.  Be careful if you do that - you may have to be a witness in the case of anyone you set up and also they require a certain number of buys at certain quantities often.  OR they may be testing the substance to make sure it is heroine before charging you.  You should not contact the detective (you did the right thing not giving a statement), not talk to him/her and just wait to hear from them. ... Read More

Although anybody can be sued for anything, the fact that your children happen to live with you does not make you liable for accidents they get into while driving their own car.  Of course, it's always wise to have sufficient automobile insurance to cover claims, so that nobody has to worry about losing their life's savings.... Read More

The answer to your question depends on the plea bargain in your case. if it was a "deferred sentence" then YES at the end, the guilty plea is withdrawn and the charge is dismissed and then it can be sealed by filing the approrpiate Motion to Seal.  If it is NOT a deferred sentence, and thus is a permenant conviction, then it cannot be sealed. ... Read More

The fee agreement that you have with the firm is what will control the relationship between you and the firm.  No doubt they had you sign a fee agreemetn - read it. It will set out the agreement.  That being said, if there is something that happens that causes the firm to ethically have to discontinue being your lawyer, then they can do that. ... Read More

Chanel, if the court order has been violated, a Contempt of Court should have been filed on your side. Child Support is normally given to the custodial parent. Please discuss your situation and concerns with a family law specialist for clarification. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

Grandparents do have rights. They might not be able to win full custody but they can obtain visitation and guardianship if you defaults. Also if they get a competent and aggressive attorney might be able to turn tables upside down like we do to win cases. They are grandparents give them visitation to secure a chunky piece of custody. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

It is unclear from your description if you have been charged with a crime of child abuse, but if so it makes sense to have a lawyer deal with it - becasue the child abuse statute is very vague and broad and covers lots of things.  There are plea bargains that can result in no conviction in the case and an opportunity to seal the recrod so it will not show up on a regular public backgrouns check.  of course, it may be that having a jury trial makes the most sense as well - it really depends on many things that can only be decided by discussing it face to face with a lawyer.  If you are only dealing  wioth a "Deoendency & Neglect" action (wherfe DHHS sets up plans to reunite you with the children under certain circumstances), that is not my area of expertise. ... Read More

If you read the “Notice of Revocation” they gave you when they took your license, you will see you have 7 days to request a DMV hearing on the revocation of your license and you can drive in the mean time. Hearing has to be held within 60 days of the request. Talk to a lawyer before making the request for a hearing so you make all the right decisions when making the request. Losing your license until “May 11” makes no sense in Colorado. As for the case in Court, if you admitted to driving the car and having the accident, that can be used against you. The person that called the police may have seen you get out of the car as well. You REALLY need to have a face to face meeting with a lawyer to learn about the complexities of DUI cases.... Read More

You really need to speak directly to a lawyer who can review the status of your two other cases and how this new situation may impact them. Based on what you describe, it seems to me it might be better to not do the mail in option, but instead wait for the court date and see if they will offer something that for sure won't affect your other two cases, but there may be something involved that you did not mention that could change things. Find a lawyer (one of your prior ones?) in the jurisdiction where the new ticket was issued and go see them in person to discuss this. ... Read More

Hey Brandi, sorry to hear what you went through and no it's not too late. It is never to late. Well, I always tell my consults, that if you decide to go with a free lawyer, just keep in mind that they do not have a personal interest in you or your case. They are using your case as a learning experience and to get paid from non-profits or court. That's just how it is. I would advise you to hire a lawyer, even if you have to save money for it. You don't have to hire us lol But yes, we can certainly assist you and we do travel for complex cases like yours to make a difference in people lives. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in CO.... Read More