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Colorado Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Colorado on
Q: My friend handed me a vape and the teacher caught me and now they want to charge me with possession

If the girl says it was hers and she handed it to me would I still be introuble

T. Augustus Claus
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answered on Feb 23, 2024

In Colorado, if you were caught with a vape by a teacher and it's determined to be in your possession, you could still face consequences for possession, even if another student claims ownership and admits to handing it to you. The key issue for the authorities or school administration is the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Juvenile Law for Colorado on
Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.

I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way.

James L. Arrasmith
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answered on Oct 15, 2023

If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any... View More

1 Answer | Asked in Adoption, Family Law, Civil Rights and Juvenile Law for Colorado on
Q: IS THERE AN ACTUAL ATTORNEY WHO WILL REPRESENT THE PARENT AGAINST CHILD PROTECTIVE SERVICES?

What is the real true reason that lawyers won’t take on Child Protective service cases? Every parent I’ve spoken with had nothing but grief with the court appointed lawyer. With mounds of evidence that CPS falsified manipulated coerced and lied just to remove new born baby at birth and... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Having represented parents in CPS cases earlier in my career, it is my opinion that the real true reason is such clients frequently do not pay the attorneys for their services.

Like other significant litigation, CPS cases require a lawyer to spend a great deal of time, including time...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: I need to know about how to help a minor get emancipated

The minor has a job and intends to move in with 2 other people over 18 in a few months

Rebecca Pescador
Rebecca Pescador
answered on Feb 3, 2023

Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... View More

1 Answer | Asked in Child Custody, Health Care Law and Juvenile Law for Colorado on
Q: Kids 11 and younger, does the psychotherapist need consent trom both parents if they are not married?

Is the therapist required to read and interpret parenting plans? Who holds the liability if they aren't followed, the parents or the therapist?

Sabra M. Janko
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answered on Aug 13, 2022

The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can my daughters grandparents sue me for visitation rights?

My daughter is going to be one year old next month. Her father and I already have a court order and it states that he’s supposed to get her every other weekend. However he hasn’t followed it since it was put in place and he even moved states. His parents ask to see her and I allow them to, I... View More

Sabra M. Janko
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answered on Jul 26, 2022

If they have provided substantial care to her for six months out of the past year they would have standing to request parenting time. The care has to be more than babysitting.

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for Colorado on
Q: Whats the process in sueing an attorney for misconduct in the state of Colorado?

Court appointed atty for Child Protective Services is the 2 atty that displayed misconduct. The proof comes in the form of the attys text messages & emails along with the behavior in which they displayed and the verbal things that were said to the client

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 14, 2022

This may be a professional misconduct referral. There is not enough information here to discern whether this is a legal malpractice issue, or a breach of professional ethics. If this is an ethics issue, then you should make a complaint to the Office of Attorney Regulation COunsel. If this is an... View More

1 Answer | Asked in Bankruptcy, Family Law and Juvenile Law for Colorado on
Q: I have validated proof of CPS atty misleading client into an admission to D&N case. It was in a text message from atty.

Client asked atty for casenotes atty said parent isn't entitled and immediately wanted to withdraw from clients case. Atty says they don't know what case notes are. In 15 months never met the attorney face to face and have proof that atty worked against client the entire time. 2 different... View More

Timothy Denison
Timothy Denison
answered on Feb 9, 2022

What is your question?

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son was responding to a call he received from his girl friend needing a ride from a grocery store.

The girl had been arguing with her father and did not want to go home. They arrived at my son's and I's house and were greeted by police. He was charged with harboring a minor. He had just turned 18 three months earlier. They knew each other from high school. The police messed up his name... View More

Douglas T. Cohen
Douglas T. Cohen
answered on Apr 28, 2021

sorry your son is going through this. However, to assess the case and whether the plea offer is reasonable, it would be best to retain an attorney to look at the police reports and all the facts and do further investigation if necessary in order to better negotiate with the DA.

1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... View More

Sabra M. Janko
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answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Juvenile Law for Colorado on
Q: I’m 4 months from 18. I have a job and a home I have my stuff at. My mother kicks me out all the time. Can I leave?

I’ve been physically and emotionally abused all my life. She’s hit me recently. My bestfriend of 5 year is offering me a home and her mother wants to help me. What can I do? I have money and I’m graduating hs early. Can I move out early?

Cindy Perusse
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Cindy Perusse
answered on Jan 7, 2021

The age of majority or when you are a legal adult in CO as other states is 18 years of age. Until that time, your parents are legally responsible for you. A child is required to stay in high school only until he or she is 17. After that the child does not need their parents' to quit.... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My friends 14yr old son punched her in the face and broke her nose. He also hits his brother and has fits of rage.

She had made several reports and no help, the police claim they can't step in. What can she do.

Sean Maye
Sean Maye
answered on Nov 16, 2020

The best course of action is therapy or counseling. There are certainly grounds for getting the police or the courts involved if the boy hit his mother intentionally, and certainly when the result was a broken nose. But criminal sanctions may possibly result in the boy being removed from the home... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 11, 2020

No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.

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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... View More

Sabra M. Janko
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answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: 16 YO son wants to be be emancipated. He graduates high school in May. Will CPS let him do this?
Sabra M. Janko
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answered on Feb 25, 2020

It depends on his situation. Just graduating from high school does not emancipate him. However there are other factors that could such as his becoming self supporting or joining military service.

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Colorado on
Q: How can a person be charged for sharing a private photo if the person sent it consentually

If a person takes a provocative photo and posts online or sends it to multiple people how can they down the road decide to press charges on one of the recipients for sharing the photo? My sisters Son received a photo of his friend as did many others via social media. Months later he sent it to... View More

Andrew John Contiguglia
Andrew John Contiguglia
answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Colorado on
Q: How can a warrant be issued for a crime if law enforcement does not make contact with you to question you of crime?

Example: My sister was on vacation. She was not home when police came to speak with her Son who was believed to have sent a friend an image of buttocks. She finds out over 4 months later her 13yr old child has a no bond warrant. This was the first anyone had heard of the image, the attempted... View More

Andrew John Contiguglia
Andrew John Contiguglia
answered on Nov 10, 2019

You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement...
View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: How can a warrant be issued for a crime if law enforcement does not make contact with you to question you of crime?
William Jaksa
William Jaksa
answered on Nov 10, 2019

Need way more information to understand your particular scenario, but when the police conduct an investigation they are not required to take statements from every witness or every person involved. They just need to reasonably believe a crime has taken place and have reasonable belief that a... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: Would I be able to sue the department of social services in alamosa county?

I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.

Sabra M. Janko
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answered on Sep 17, 2019

I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Colorado on
Q: My child was being sexually abused while in the care of daycare. Can I sue the daycare?

My child was being sexually abused by another child.

Gary Kollin
Gary Kollin
answered on Sep 9, 2019

There are issues of liability which you should discuss with a lawyer you consult directly

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