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Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience:  I have multiple years experience prosecuting and defending clients.
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I am scheduled for a Protection Order hearing tomorrow as the

Resolved Question:

I am scheduled for a Protection Order hearing tomorrow as the Restrained Person and was wondering if I am prose because I do not have counsel. Just can’t afford and attorney
In this case there are a few people in three distinct groups in each group one or more people have indicated that I (said) I was going to Hunt and kill the protected or commit suicide. Group one is a large institution that settled with me just today by use of an NDA and 20K. This organization will have no employees testify or even attend the Protection Hearing. Group two is essentially the CEO of a company in IL who had motive based on a phone call from the protected prior to giving his statement by phone to our local police. This man indicated I relayed to him by phone that the protected should be killed, not that I would be the one to do it. This gentleman will not be attending the hearing either. The other and last is a single person (independent Contractor) who made a statement on behalf of the protected; simply stating "I was going to hunt the protected". It's not known to me if this man will be at the hearing or not. This is really about money and the gun and killing people is nothing but a red herring. I do have recordings (voice mails), emails and text messages from the protected insulting and harassing me due to my mental problems brought home after 61 combat missions in Afghanistan. While I function at a very high level (my shrink’s words) and seek treatment once a week for PTSD/Depression/Bipolar Disorder. BotXXXXX XXXXXne the protected terminated my service without paying me for the contract I was hired to perform. The protected had his staff breathing down my neck everyday via telephone, VM, E-mail or text messaging. When I complained he terminated my service as an independent contractor. I asked him to pay me for work begun but not complete due to my termination. At this point the protected went into get me mode and started making comments to the effect he was afraid for his life. Some 5 weeks after being terminated the protected sought and received a TRO. The TRO was granted with no evidence whatsoever. What should I expect tomorrow?
If I lose my CC will be revoked and I will not be allowed to carry or own a gun. In my line of work a gun is essential for protection and I currently hold a concealed carry permit.
None of the accusers—those still standing and ready to testify have ever seen me with a gun. The protected has never seen me with a gun. Nobody has ever seen me with a Concealed Carry Pistol nor do I speak of carrying a concealed weapon.
I really don’t understand how this sees the light of day and why a judge would believe I am a risk to the protected and authorized the TRO resulting in a Protection Hearing in 14 days or less. What am I to do.
The protected owes me $25K and is doing all he can to avoid paying. In this case he is using law enforcement to violate my 1st and 4th amendment rights under the constitution. The state will apply its pressure in whatever form tomorrow. What can I do to make the best of this bad situation?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Meigs replied 2 years ago.

meigs004 :

Hello! I can definitely assist you with this question.

meigs004 :

Allow me to more closely read your facts so that I may better assist you. In the meantime read my standard blurb about accepting answers here on JA.

meigs004 :

 


If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research. There is no Attorney-Client relationship created by our communications and the advice and information that I provide is merely for informational purposes. The advice that I provide is not to be taken over the advice of a competent attorney within your jurisdiction.

meigs004 :

I will wait for you to return to the chat room so that we can correspond together and help you come to an understanding of what is to take place.

Customer:

is this live chat

Customer:

Thanks in advance for your service

Customer:

What happened to my expert? Says "expert is offline"

Customer:

Am I supposed to hit the reply button? HELP!

meigs004 :

Hello I am here!

Customer:

OKAY

Customer:

Good

meigs004 :

Sorry, I was assisting another customer

Customer:

no problem--i was feeling lost

meigs004 :

This is quite a situation you have. So the hearing is scheduled for tommorow?

Customer:

Yes, they really didn't give me anytime. What's more I don't have the right to talk to many folks about the situation

meigs004 :

It is a protection from abuse hearing?

Customer:

Imminent danger

meigs004 :

Ok.

Customer:

I'm innocent

Customer:

Sorry LOL

meigs004 :

Pursuant to section 13-14-102, Colorado Revised Statutes, a business can seek a civil protective order against a person who has threatened, attempted or completed assaults, and/or bodily harm. Many courts in Colorado will issue a protective order for a business if there has been a threat, attempted or completed assault, or bodily harm. There are a few courts that feel that this is not appropriate. (NOTE: 2002 HB 1051 clarifies for the courts that they are authorized to issue such orders. As of March 4, 2002 the bill had passed the House and was to be heard in the Senate.)

meigs004 :

That is exactly what the hearing is for.

meigs004 :

We will discuss your situation in more detail, but here is a link for you to read through to advise yourself of the process and so you may better prepare to defend yourself.

Customer:

Yes, I think so--that's what the hearing is for except for the assult and or bodily harm. None of that stuff ever happened

meigs004 :

I understand that. That is the good part of the hearing. You will have an opportunity to represent to the court that you are innocent of the claims against you.

Customer:

before taking a look at the link--what is at stake in my case

Customer:

This is civil not criminal

Customer:

I'll take a look at the link and be back soon

meigs004 :

A civil protective order is issued by a court after a victim petitions the court to have someone stay away from them. A civil protective order requires the victim to go to court at least twice.



  • · At the first hearing, the victim provides information about the harm the other person has caused her/him and why he/she thinks the person will hurt them again. At the second hearing, the restrained person (defendant) has an opportunity to appear and give reasons why they think the order should not be made permanent. If the order is made permanent, it is in effect forever, unless the court cancels the order. However, the parts of the order concerning children will end after 120 days. It is therefore necessary that the victim also file in District Court for separation, divorce, or custody, so that he/she can get permanent custody and child support orders. (Colorado Revised Statutes Section 13-14-101,102)

meigs004 :

Let me address your concerns first and then you can browse the link.

meigs004 :

The link is a comprehensive and detailed description of the hearing, how it can be granted, on what grounds it can be issued, and who can file for one.

meigs004 :

Ok. Take a look at the link and ask me specific questions. I will return to the chat in just a bit, this will give you time to apprise yourself of the hearing.

Customer:

This order was obtained by my employer/contractor. I am supposed to be the Independent Contractor. I don't know what most of this talk about assult is or why. I have hurt no one and the Aurora Police called it a civil matter--wouldn't get involved. This is about money period. The man I was working for would go to the police each time he felt threatened by my first ammendment right to free speach. I did nothing but tell the truth. Todoy the largest of companies involved gave me 20K and a NDA so guess I can't talk about that too much

meigs004 :

I will return to the chat in about 15 minutes. I am heading home from the office. I will answer your question when I return. Stay patient, and trust me I will be back to the chat soon. Thanks!

Customer:

sounds good

Customer:

We are repossessors and really have no "Clients"--long term or in writing except as each assignment comes in. Each assignment is considered a contract and if you are terminated before completing the work started then you are to be paid for the contracts/assignments in your possession. In this case I got bubkis. In asking for my pay, I was offered 2,500 but I had enough assignment to reach nearly 20k. Having no money for an attourney I applied pressure by talking to the banks and credit unions (really just two) about the use of non-qualified operators. Which was true--my story to the credit union was very linear and at the end they would be left to pick up the pieces. I could do nothing else as I have no money for a lawyer. This was a very successful tactic. Each time (only two) i spoke with a bank or CU the protected (not at the time) would use fear and the possession of guns and things I might have said. Problem for the protected is nobody is going to testify. all have bailed out.

meigs004 :

GIve me a moment to read what you have typed.

Customer:

okay

Customer:

Can I tell the court that I have entered into an aggrement of non disclosure with the CU that made some really big mistakes then turned around and gave me the title to my car (20K). If I do that have I broken the NDA?

meigs004 :

Okay. It sounds like you have a very good grasp on your situation and you have factual backing to your argument

meigs004 :

What are you referring to as your NDA?

Customer:

Non Disclosure Agreement

meigs004 :

I would have to read the NDA before I could advise you as to what violates it. However, we are not allowed to exchange documentation on here. This site is merely to provide information and general legal advice.

meigs004 :

Have you prepared a defense for tommorows hearing?

Customer:

They gave me the money and told me to shut up. If asked at court I am supposed to tell the judge we have entered into an aggreement of confidentiality

meigs004 :

In that case, yes, just tell the judge you recieved a settlement and you are currently restricted by the NDA

Customer:

I am not a lawyer. I have the recorded VMs some text msgs and emails along with thousands of assignment over the past 3 years. Some progress reports and such were down-right offensive. As a private contractor he has no control over how I do my job once given the contract.

meigs004 :

Ok. It is the states job to prove the case. You will just have to rebut the assertions made by the state. You can also ask the judge tommorow and the prosecutor if you can be appointed, or entitled to be appointed, an attorney for the hearing. It is my general assumption that you would be entitled to appointed counsel by the court.

Customer:

If none of the other witnesses show up isn't everything hearsay?

Customer:

If a police officer were told something by someone over the phone and that someone does not show for the hearing is the information hearsay?

meigs004 :

yes that information would be hearsay

Customer:

The only thing I'll have going for me is a better suit:-)

meigs004 :

Hearsay is a statement that is made out of court by an individual used to prove the truth of the claim asserted in court.

meigs004 :

If I were you I would definitely try and have the hearing continued, and definitely ask the court if you are entitled to an appointed attorney. Also, you may be able to have the hearing moved to a later date, since you did not have very much time to prepare.

Customer:

I don't understand

meigs004 :

The statement is used by the prosecution to support their case to establish a protective order. They are using the statement by the person to incriminate you but you do not have an opportunity to cross-examine the individual.

Customer:

How can the court move forward without witnesses

meigs004 :

The state can try and present their case without witnesses but they will have a hard time meeting their burden of showing beyond a reasonable doubt that you are guilty of the allegations.

Customer:

It is my right to face my accusers; right? Sorry bout the spelling

meigs004 :

Yes your 6th amendment right. Thats why the statements would be hearsay

Customer:

What does the better suit get me?

meigs004 :

Just keep your evidence organized, pay close attention to what the state is saying, and tell your side to the judge in an organized and efficient manner.

meigs004 :

I wish that carried some weight in a court room!

Customer:

How about yes and no questions. will that keep me safe from surprises. I have no idea what one might say.

meigs004 :

Yes it will.

Customer:

Thank you is there anyway for me to be in touch after the hearing especially if moved forward on the calendar

Customer:

Do i just look for you on the board and begin a chat

meigs004 :

After we conclude here?

meigs004 :

Im sorry yes. You can find my profile name by referencing this question.

meigs004 :

If you would please click the accept button so that I may be compensated for my time and work that would be great!

Customer:

Great! Thank You

Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience: I have multiple years experience prosecuting and defending clients.
Meigs and other Criminal Law Specialists are ready to help you

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