Colorado Recent Legal Answers from Lawyers

If the lawyer is a privately hired lawyer, then find another one, have them substitute as your boyfriends' lawyer. That will get the one lawyer out and a new one in. If it is the public defender, then your boyfriend needs to notify the court that he has a conflict with his lawyer and request an 'alternative defense counsel' lawyer. There probably will be a hearing about why he does not want to continue with the public defender. If he wishes to fire all lawyers and represent himself, then he needs to notify the court of that, and there will be a hearing about whether he really wants to do that and the pitfalls of doing so, but he has a right to represent himself if he wants to. ... Read More

OK mom can apply for a visitor visa, even if the visa application was rejected years ago. Mom must independently qualify on her own, by submitting financial documents to show that she will return upon completion of her visit. Proof of that intent would be a letter from her employer showing steady and stable proof of income, bank statements showing deposits of those earnings from her employment, paystub's showing earnings from her job, tax returns showing income from that employment source. She can additionally submit evidence that she owns property and that she owns equity in that property like a condominium or a house. These documents will convince the US consulate officer that she would most likely return after her visit. She also would be required to show a sufficient amount of income in a bank, that would provide proof that she can cover her expenses while she is visiting the United States. Your participation in the application process for mom's visa is not even really required.... Read More

That's an interesting question - could the covenants be amended to take out that limitation? An attorney really would have to review the entire covenants as well as any amendments and statutory requirements, to give you any helpful answer, and even then it might still be an open question. I'm sorry I'm not able to be more definite.... Read More

I strongly encouragr you to contact the Colorado Legal Services group, https://www.coloradolegalservices.org/node/32/family-and-children, They can explain your rights and provide advice as to what can be done to protect you from this abusive situation. They offer free legal help. Good luck and take care.... Read More

If he is being held just on the warrant - he should see a judge within at least 72 hours.  Is it possible the case he has the warrant for had some 'suspended' jail time - which he is now serving?  A lawyer shoudl be able to help straighten this out, so hire one in the county where his cases are to help out.... Read More

The meth concentration is not a dramatically huge amount since '"Peak concentrations for  methamphetamine range from 615 to 7361 ng/m".  That said, it is possible to have your blood retested by an independent lab.  Given what you said here, sounds like the case just needs to be set for a jury trial and you need to defend yourself at the trial. Of course, you should have a lawyer to do that - so seek out an attorney to help you.... Read More

Association and homeowners' rights and duties are meticulously set forth in Colorado's Common Interest Ownership Act (CCIOA), a very comprehensive statute found at C.R.S. 38-33.3-101 et seq. The Department of Regulatory Agencies (DORA), Real Estate division, also has resources to help with HOA/homeowner conflicts.... Read More

Ideally, after showing them the survey they would agree to back off. But really the only way to fully settle ths kind of dispute is through a quiet title lawsuit, whereby you seek to obtain a decree as to your rights. You can also obtain injunctive relief - that is, a court order prohiting them from interfering with your use of your land. ... Read More

A person normally cannot be held without bail unless it is a murder case or a few others.  A part of the bond will be that he have NO contacct with you.  You can contact the District Attorney's office in Colorado that is prosecuting him and make your concerns known and ask any questions you have of them. ... Read More

Typically, you can request the assitance of the public defender at your initial court date. The services of the public defender are available for those that financially qualify. If you are overqualified (that is make too much money or have too many assets) you will have to retain an attorney on your own. Most defense attorneys will, depending on the circumstances, work with you to accomodate your financial situation. Should you have any additional questions, feel free to contact me at my office privately to discuss. ... Read More

You need a lawyer to mediate a solution, and possibly a litigator to sue them, if the losses are great enough. They had a contract with you, unless the terms of the commission clause state that they can change quotas from time to time, this is the modification of a term in contract, and that is like a new contract, it needs offer, acceptance, and consideration. They modified the contract without your signing it, and no modification.  You have a possible action, but unless the amount of commission they would have paid you is much higher than what they did pay you, you don't have reason enough to sue. It's not worth suing for a few thousand dollars, in other words. Did you know that people switching companies right now are getting on average 5% more income per year after changing? If you don't have enough money lost, and regardless, I would start looking for a new job/career now.... Read More

If your brother gets guardianship, the POA will be extinguished. Yes, as part of the process your brother will have to schedule a hearing and notify your mother of the hearing date, time, and location. You can call your county courts and check if there has been a hearing scheduled yet. Your mother may present her own choice for guardian, or resist guardianship entirely. Whether I can help you or not depends upon where you are in Colorado. I'm in Arapahoe county in the Metro area.... Read More

If you took the pictures you own the copyright and can send a DMCA take down notice to the websites.  If someone you know took the pictures they can transfer the copyright to you in an email.   If the pictures were taken by a 3rd party and your children were in public there is no expectation of privacy and the pictures cannot be taken down.... Read More

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com   www.LawyerJaffe.comUsing a company's existing characters in a game is going to create trademark liability for you. There will be other questions you find as you seek to open an e-commerce website or App.  In my experience, working with a lawyer as you begin will save you a lot of money in the future.   I have written a legal guide with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-Awebsite-app-or-blog You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

If it's a true tenancy in common, which is likely given the number of owners, on the death of a co-owner his or her share does not pass to the remaining owners but passes to the deceased person's heirs.  If there is a will, it would control who those heirs would be.  If there was no will - i.e. intestacy - the share passes to the heirs at law, which would include the deceased's children.... Read More

There is no specific timeframe for the administration of an estate. It really depends on what kind of issues have arisen in the probate. For example, there might be contested creditors' claims or other controversies, big and small. I would say the time line you describe is not unduly long, but you should certainly be able to receive a copy of the inventory and any interim accountings.... Read More

If the 'crime' occured int he officers county but the 'arrest' or 'stop' occured in anotehr county, it is probably okay if the officer was in 'hot pursuit'  of the perpetrator into the other county. BUT it is an issue that a defense lawyer may be able to use in the case. It depends a lot on the specific situation.... Read More

There is some possibility that the prosecutor could use this 'prior offense' as evidence of a similar plan, scheme, design, identity, modus operandi, motive or guilty knowledge in the enw case, at trial, against this fellow. BUT it takes the judge finding it meets the requiremetns for admission and the fact he was found not guilty may sway the judge to not allow it.... Read More

As long as it's a transaction for due consideration (fair price), and he is paying you the same amount that you are paying for the property, there shouldn't be any capital gain or gift tax issues. As far as how to proceed with the deed, it doesn't seem to me to make much difference whether you start with all three of your names on the deed and then transfer solely to your son, or have it just in your names to begin, and then transfer it outright to him. Both involve a similar deed transfer - preferably a warranty deed - to be recorded.... Read More

As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.... Read More

"Stipulated" means that the parties have agreed to the dismissal, although they are asking the Court for approval of the dismissal - which is usually necessary.  The term "with prejudice" generally means that following dismissal the parties would not be able to re-file the dismissed claims.... Read More