Criminal Law Questions? Ask a Criminal Lawyer.
Hello! I can definitely assist you with this question.
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.
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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.
is this live chat
Thanks in advance for your service
What happened to my expert? Says "expert is offline"
Am I supposed to hit the reply button? HELP!
Hello I am here!
Sorry, I was assisting another customer
no problem--i was feeling lost
This is quite a situation you have. So the hearing is scheduled for tommorow?
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
It is a protection from abuse hearing?
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.)
That is exactly what the hearing is for.
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.
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
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.
before taking a look at the link--what is at stake in my case
This is civil not criminal
I'll take a look at the link and be back soon
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.
Let me address your concerns first and then you can browse the link.
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.
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.
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
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!
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.
GIve me a moment to read what you have typed.
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?
Okay. It sounds like you have a very good grasp on your situation and you have factual backing to your argument
What are you referring to as your NDA?
Non Disclosure Agreement
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.
Have you prepared a defense for tommorows hearing?
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
In that case, yes, just tell the judge you recieved a settlement and you are currently restricted by the NDA
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.
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.
If none of the other witnesses show up isn't everything hearsay?
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?
yes that information would be hearsay
The only thing I'll have going for me is a better suit:-)
Hearsay is a statement that is made out of court by an individual used to prove the truth of the claim asserted in court.
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.
I don't understand
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.
How can the court move forward without witnesses
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.
It is my right to face my accusers; right? Sorry bout the spelling
Yes your 6th amendment right. Thats why the statements would be hearsay
What does the better suit get me?
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.
I wish that carried some weight in a court room!
How about yes and no questions. will that keep me safe from surprises. I have no idea what one might say.
Yes it will.
Thank you is there anyway for me to be in touch after the hearing especially if moved forward on the calendar
Do i just look for you on the board and begin a chat
After we conclude here?
Im sorry yes. You can find my profile name by referencing this question.
If you would please click the accept button so that I may be compensated for my time and work that would be great!
Great! Thank You
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