Colorado Recent Legal Answers from Lawyers

Why are you not represented? Who is the other lawyer, pro bono or private lawyer? You can subpoena his sources of income and etc. However, we do not have complete pro bono services but we do have a program for $50/month that provides access to Pro Se to have a family law specialist review the work and provide any insights and guidance on the case and walk you through the process, and help you communicate with the attorney and other officials. A lot of times parents that try to hide financial data to avoid paying a big child support amount will look for ways to cut corners and pay attorneys to bend the rules. Which is why it helps to get guidance from a lawyer.   Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in CO.... Read More

If you have proof of paying the ticket, take that down to the clerks of the court;'s office, show it to them and straighten it out. If it turns out you did not pay it, then it is certainly better to avoid being jailed on a warrant for failing to appear in Court. Go and work out the payment at the clerk's counter. I will say, there are some scams going around like this so do not give credit card information over the phone to clear it up - go in person and make sure it actually is a warrant, that youy didn't pay, etc. ... Read More

What does your husband say in regards to all this? Sounds like that this is more of a family counselling question than a legal case. But to answer your raised concerns about the law, you need to think about DIVORCE. If after so many years of marriage, and raising kids till age 21, you have lived in this Man HOUSE, he has provided for you for so many years, so now when the time comes to divorce and separate, by the law you are entitled to Alimony, the money (support) that he will continue to be paying you for the time and years you have been with him. You were never working so he will still continue to support you. As far as the house is concerned, I would assume its 50/50 but don't quote me on it. Because if he is the one that made all the payments, he might not want to give you a share since he made all financial commitments towards the house. But as far as your years spent in the house, looking after the house, and its maintenance you do have an interest and attachment towards the house. This is what your lawyer will and should use to get you at least a 40/60 deal. As far as your kid's behaviour is concerned, YOU NEED TO WORK WITH THE FATHER to put a stop to this behaviour. Throw them out of the house as the mother, you have to teach them to respect you. Call my office we can discuss more in detail if you like. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

If you decide outside of court, the court will not be able to 100% enforce the agreement as it may not be recognized by the court. You will and should settle the case in court so that it becomes binding until its modified in court. This might cost you a $1,000 - $3,000 but look at the benefits it will have. It will be a court binding agreement, enforceable in all 50 states, even if you or he decides to move. You are or were agreed to get $400/month, depending on the parent income and stuff you might be able to get more or less, but you will not know until you put him on child support through the legal system. So when he defaults it, not pay, it can build up, and he will eventually have to pay up or be arrested for contempt of court and you will get the money back he does not pay that way. So investing a small amount in a lawyer you can work with to me I feel can be beneficial for you. If you have further questions, don't hesitate to contact my office. Thanks. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Child Support is usually calculated based on all income and expense of the parent. If you would like to modify the support payment, you will require the expertise of an experienced and competent Family Law attorney that will try to get your payments lowered and or a better deal from the custody/support case. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

What is your relationship with the child, and you should contact and hire an attorney to assist you as this pertains to the welfare of the child? If its excessive abuse, 911 should be called and addressed if its an emergency. Talk to a lawyer. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

In a litigation matter, attorneys do not like to work with non-attorneys and even most judges don't like working with prose. But nobody said you can't represent yourself. Things happen and we have to stand up for our own rights. So congrats for taking the initiative to representing yourself as it is a daunting burdensome job. The other attorney doesn't really have to answer or attend to you unless required by the court. You should contact the court clerk office to check the status of the case. And see what is the current status of the case. And based on that information you can see where you currently stand and how to move forward. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

You need to find out the status of the case that was commenced 8 years ago.  The statute of limitations is the time you have to commence an action.  If the action was started and you were properly served within the statute of limitations, it doesn't matter how long it takes to litigate the case.  If a judgment was entered against you in the case, the statute of limitations to collect on that judgment has probably not run (in NY it's 20 years, but it may be a different period in Co).  If the case was discontinued or dismissed, whether the plaintiff can bring another case, and if so his time to do so, would differ depending on when and for what reason the case was terminated.  ... Read More

If you fail to show up on a validly issued subpoena that was validly served on you, the judge will issue a warrant for your arrest, ultimately you will be arrested and jailed and face possible contempt of court issues for failing to honor the subpoena. You can hire your own lawyer to try to quash the subpoena if there is a basis to do that.... Read More

Unfortunately you will have to find some other way to come back to the US. Your ex-wife cannot sponsor you at this time as the marriage is ended. I suggest that you have a consultation with an immigration lawyer who can go over all your options.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 ADT did not live up to the contract, and that breach caused you damage, you would have a claim for breach of contract.  It is not clear to me that either of the above is true, because I'm pretty sure that the contract would only require ADT to notify the fire department, and its' not clear to me that it did not or, if it didn't, that it would have made  difference since you called the fire department anyway, but you know the facts, not I. One major problem of which you should be aware, I am pretty sure that ADT's contract will contain a limitation on liability providing something along the lines that if ADT screws up, its liability will be limited to some nominal amount, or perhaps the amount of the monthly fee you pay.  In my state, such a limitation is enforceable as long as ADT wasn't reckless or grossly negligent, but, assumiong such a claus is in your contract, you should check with a CO attorney about whether and to what extent it is enforceable in Colorado.... Read More

If you want to get information to the judge, you need to prepare a letter, put your son's name and case number at the top like this "Re:  Jim Smith case # 2016CR2222" (using his real name and case number) and then put whatever you want the judge to know in the letter. Take the letter to the Court Clerk's office of the Court where your son's case was and give it to them.  Or call them and get the mailing address and mail it. ... Read More

You are not in the wrong for doing what is in the best interest of the child. The child is currently with you and if there is no custody order in place, you should consider filing one now so that she doesn't take him away without a court battle.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

If someone makes a false abd defanatirt statement of fact about you to other people, you may have a claim for defamation.  In cases like yours, where I assume that you have no actual monetary damages, one critical issue is likely to be whether the defamation (oral defamation is slander, written defamation is libel, with a few small differences) is considered defamation "per quod", a particular type of defamation (usually a false statement that naturally tends to damage your professional reputation).  If it is defamation per quod (not being a Colorado attorney I don't want to opine on whether your particular case is per quod or not), you can pursue your claim without having to show actual monetary damages; it it is not, you would have to show actual damages to recover anything.... Read More

It is unclear exactly what your question is, but I can say that jail time can be a condition of a probationary sentence. If these were misdemeanors, jail of up to 60 days straight or two years work release, can be a part of probation. If felonies, it can be up to 90 days straight or two years work reelase. If you really wonder what the court ordered, you can go to the court clerks office in the court that sentenced you and get a copy of the sentencing order. ... Read More

If the fact that the driver's license number is not yours shows it was not you that tried to cash the check, of course that can lead to dismissal. However, banks normally have video and other evidence that would help "prove" who tried to cash the check.  The driver's license number alone being two digits off is not sufficient by itself to lead to dismissal of the case, unless it is the ONLY evidence in the case (which seems unlikley to me). .   ... Read More

The lack of being read your rights will not result in a case being dismissed. Two things have to be in play before "rights" have to be read - (1) a person is in custody and (2) that person is being interrogated about the crime they are arrested for.  I doubt on an arrest on a bench warrant you were questioned about the underlying crime BUT if you were, and rights should have been read, the only remedy you get is that the porsecution does not get to use the statements you made (and of course in a few rare cases, the only evidence the prosecution has is the persons own statement and so with out that the case has to be dismissed). ... Read More

Even if thee is a process for the warrant to become inactive, the case itself will still exist until it is resolved. It would definitely be best to try to get it taken care of. You may have to turn yourself in to the jail and post the bond on the warrant, or the court might allow you to show up and they would quash the warrant and put the case back on the docket to get it resolved. You could call the court clerk of the court that issued the warrant and see if they have a process for that. Of course, the easiest thing would be to hire a lawyer who practices int he court that issued the warrant and see if they can work things out for you.... Read More

It would certainly be easiest to hire a lawyer to get the case back on track.  However, depending on the court you are in, some courts will allow you to set the case on the docket again and get the case back on track. You could call the court clerk of the court you are in and explain and see if they would reset it.  The only option if they do not allow that is to turn yourself in to the jail on the warrant, post the bond, and then make sure you get to the court date set after that proces. ... Read More