Colorado Recent Legal Answers from Lawyers

Yes, the Court can mandate parents use Talking Parents for communication.  It can also specify a time frame within which communication must be answered.  If the Court does include such provisions in an Order, failure to abide by the Order could result in contempt of Court.   Sherri Murgallis Murgallis Law Firm, LLC 303-444-4353... Read More

There are many variables in what will actually be the result of such a situation - like the persons prior criminal record, the facts of the cases with the felonies, the reasons the person is alleged to have violated probation, etc. But of course, given that the cases are felonies and there are several of them, the result could be a prison sentence of a length decided by the judge. Also, a person might be eligible for 'community corrections' sentence (sentence to prison BUT placement in a halfway house). ... Read More

Your question is one for a divorce lawyer / family law attorney.  That said, I do know that child support cannot be modified retroactively so if the circumstances have changed that will affect the amount of support being paid (it is a formula) then filing a motion to request it be modified is important to do as soon as possible.  The fact he did not have the courtesy to let you know the children were close by so you could see them is disturbing, BUT if the custody papers do not require him to let you know such things, he has legally done nothing wrong probably.... Read More

"Inadvertent" contact is not a violation of the protection order BUT it can be a problem as if it is reported, your number will show up as having called and whether it was 'inadvertent' or not is a real question.  I strongly suggest deleting the protected party's number from you phone as there will be a question as to why you still have it in your phone if you are not suppose to be contacting them. ... Read More

Rigth now you haven't asserted any sort of claim, so you have no more rightst han any other member of the public to view hte footage which, unles there is some statute in Colorado which allows you to do so (I doubt it, but it's possible) is none.  If, however, you start a lawsuit allegeing negligence, you would then have the right to view the footage as part of discovery in that suit.  Under certain circumstances, you are also allowed to take discovery before filing suit, but I don't know if you can do that in CO, or what the requirements would be.... Read More

It would be best to get your probation officer's permission to complete the program in New Orleans in order to get credit for it. If you have to do an alcohol program to get your driver's license reinstated you need to get the Colorado Department of Behavioral Health to approve the program for the DMV to accept it. Also, it is likley that your time in Colorado classes will not transfer to New Orleans so you will be starting all over again.... Read More

Anybody can sue anyone for anything, so of course your sister can take you to civil court, but that doesn't mean she would win.  If the court believes you that the dog was a gift from her, and does not belong to someone else, you will win.  As far as criminal charges, your sister can complain to the authorities, but it is their decision whether or not to charge you.... Read More

It depends somewhat on how the property was bequeathed.  If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale).  If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be sold, or alternatively, for the ones opting to keep the property can buy out the others.  ... Read More

So long as the judge imposes a legal sentence - i.e. one not longer than allowed for the crime the preson is convicted of, it is probably allowed. However, under the circumstances, if your husband can get any documentation that he tried to turn himself in and they refused to take him, the judge is not likely to add time to the sentence.  I suppose one question woudl be when did the jail begin taking people again, and did your husband try to turn himself in after that point?... Read More

While an executor or administrator is not authorized to act before being formally appointed by the Court, lawyers commonly advise them to lock the house beforehand to prevent theft from the estate.  In this instance, you are the executor.  If you have been appointed from the Court, ask your probate lawyer to file a Motion for an Order to Show Cause or a Motion for a Turnover Order.  An Order to Show Cause orders the person to come into court to explain what cause they had to do what they did.  A Turnover Order orders someone to turn something over (in this case the locking mechanism).  While this fellow may eventually inherit, it is your duty to assemble the property, compile an inventory for the Court, pay the debts and distribute the rest.  This definitely includes accessing the property in the house and may include selling it to pay the debts. Your own property in the house is another question.  But once the Court's Order is in place, you should have access to it. All this legal work is a cost of the estate.  If the estate is small, having to do it may mean that you will have to sell the house.  The person who changed the locks might be apprised of this.... Read More

It could be considered malpractice, but it is hard to win a malpractice case since you would have to prove that you would have succeeded and been awarded judgment (not a settlement; a settlement is a voluntary agreement to resolve a dispute) had your attorney used the color photos. A misrepresentation is a false statement of fact.  A negligent misrepresentation is when someone makes a false statement by mistake, not deliberately.... Read More

The best thing you can do is turn yourself in on the warrant at a time convenient to you. When the best time to do that is depends on what county it is in. You will have to stay in jail until you see a judge so in many counties the best time to turn yourself in is very early in the morning so you can get on that days docket.  If you do not turn yourself in at a time conveneint to you, you could get arrested at any time, or if you are stopped (speeding as an example) for any reason, you would get arrested. If that was on a Friday you would spend three (or maybe four) nights in jail before you could see a judge.  By turning yourself in you have control over when that occurs.  Once the case is in court after you turn yourself in, negotiations can take place to resolve the case or get it dismissed (if possible).  But that cannot occur until the case is before the Court which will only occur after you post bond on the outstanding warrant after seeing the judge. ... Read More

You can bring a suit for conversion, converting the estate's property to her own.  The sentimental value had better be high:  litigation costs money and, without evidence both of what your grandmother's things were and where they are now, it will be hard to win. You can also file an application to determine heirship, become appointed administrator of the estate and file a Motion for a Turnover Order ordering her to turn the things over at a certain time and place.  While this may be less expensive, if he raised the woman as his own, she may be a fellow heir.  Again, you wil need evidence both of what your grandmother's things were and where they are now.... Read More

It often is not possible to find out if there is investigation or warrant, but sometimes it is possible to see a pending warrant in some circumstances, by checking the court's efiling system, but most often if there is not a law enforcement officer who has contacted you and left his/her name & contact information, there may be no way to find out.... Read More

Contracts entered into under duress are not legally binding, but what you're describing is not duress.  Either you don't have a legal right to the property you claim, in which case the other party is simply threatening to do something - keep the property - which they have a legal right to do, or you do have a legal right to the property, in which case there is no reason you have to sign the contract, since you can obtain the property by suing the other party for it (or going to the police).... Read More

It would be best to hire your own lawyer in this circumstance so they can get the full story and determine whether you do have a legitimate claim to take the 5th. That said, the prosecutor can choose to give you immunity from prosecution, which would remove your ability to take the 5th and the judge would order you to testify, since with immunity you would not be facing prosecution.  Also, even if that does not happen, if you take the 5th and do not testify, they can likely then use your statements to the police from that night - without further explanation from you. Thus the need to have a lawyer who can advise you on the precise situation here.... Read More

I think you are putting the cart before the horse. Although the home is in your name it is most likely "marital property" to some degree, and your spouse most likely has a claim to a partial interest. The advisable thing to do is to go ahead and file for the divorce and ask the court for temporary orders regarding whether the house can go on the market, pending the court's full property division.... Read More

If the investment property is real estate and your mom and stepdad owned it in joint tenancy, then title would have automatically transferred it to your stepdad upon her death.  Usually all that is needed is to record the death certificate.  If they owned it as tenants in common then your mom's share would pass to her heirs, either under a will or by the rules of intestacy and probate would be required.  You would not be able to file anything on your mother's behalf unless you were named personal representative of her estate. I hope this helps.... Read More

If you are on bond, and there are conditions on the bond (like not drinking) and you do violate those conditions, it 'violates' the bond conditions and leads to the bond being revoked, thus resulting in you being jailed and having to re-visit bonding. So if you want to stay out of jail, it is best to comply with the conditions of your bond. It can repeatedly be revoked, if you repeatedly violate the conditions. And they COULD charge you with a new crime of 'vioating bond conditions'. ... Read More

The immigration violations of another country are generally not bars to admission to the US as they do not generally involve crimes of moral turpitude. That being said, such could be taken into account in a discretionary decision of a US consular officer as to whether to issue a nonimmigrant visa. The favorable factor in your fiancé’s case is that she is applying for a nonimmigrant visa that does not require a showing of nonimmigrant intent and is largely based upon a determination of whether your relationship is bona fide. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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