Jessica Peck’s Answers

Jessica Peck

Denver Divorce / Separation Lawyer.

Contributor Level 8
  1. Should I do a plea bargain or just plea guilty?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Brian B. Boal
    3. Brandon Uriah Luna
    4. Jessica Peck
    5. Madhu Kalra
    6. ···
    7 lawyer answers

    You should consider getting a continuance at your first appearance, meaning that you would get an extension for entering a plea or to negotiate a plea deal (through your parents or an attorney). You should really fight for a deferred prosecution. This would allow you to truthfully report in job and college applications that you have never been convicted of a crime if you successfully complete all terms of the DP. Your prospects will depend in part on which jurisdiction you find yourself...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Why do i have to register as a sex offender?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Jessica Peck
    3. Lori A Beck
    3 lawyer answers

    Colorado has some of the most stringent sex offender laws in the country. I will spare you details but I will tell you that mistakes are often made in sentencing paperwork and procedures. Your PO has different obligations than a court or the police or even a DA. Probation is considered a "privilege" and even non-sex offenders can be compelled to undergo sex offender treatment. As far as a requirement to register as a sex offender for a non-sex offense? That sounds like a huge mistake. Each case...

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  3. Child Custody- father wont give child back

    Answered 6 months ago.

    1. Guy Russell Greenstein
    2. Nathan D McKinney
    3. Jessica Peck
    4. George Anthony Munoz
    4 lawyer answers

    There are important details missing here. Even filing a "custody order" is confusing because you'll have different steps to take depending on whether you filed in juvenile court or domestic relations court. Were you ever married to the father? It sounds like you weren't but if you were you'd go with the domestic relations court. If you really believe your child is in danger, you can file for an emergency hearing (where you move the court for an order) but otherwise, it sounds like the police...

    4 lawyers agreed with this answer

  4. I would like to know what the best way to obtain legal emergency custody of a minor child would be.

    Answered 7 months ago.

    1. Christopher Daniel Leroi
    2. David Littman
    3. Jessica Peck
    4. Guy Russell Greenstein
    4 lawyer answers

    I agree that this situation is complex. I am Assuming you and your daughter's father were never married (and I'm assuming the man in question is her actual father) and you haven't yet endured a court case against him re child support or custody. I'd suggest contacting your local court and asking about free resources to the public. Generally, these types of cases can be filed in Juvenile Court or Domestic Relations Court, with lots of factors at play when deciding which is more appropriate. Most...

    4 lawyers agreed with this answer

  5. DUI stop there was two cops and a third person? why was the third person there?

    Answered over 1 year ago.

    1. John Lawrence Buckley
    2. Kent Joseph Leier
    3. James C Forslund
    4. Jessica Peck
    5. Scotty J Storey
    5 lawyer answers

    First step: you need to get a copy of your discovery to see if this person was referenced in the police report or any other documents. This seems strange but not out of the question given so-called "ride-alongs". The bigger issue is whether/which rights you waived when it comes to voluntarily revealing information about yourself, your state or intoxication at the time of arrest or any other relevant factors.

    4 lawyers agreed with this answer

  6. The need to relocate has come up in the middle of a divorce case, other parent has been completely absent until now. What to do?

    Answered almost 2 years ago.

    1. Jessica Peck
    2. Christopher Daniel Leroi
    3. David Littman
    3 lawyer answers

    Under a 2011 Colorado Supreme Court decision, monetary caps were imposed on fees charged by experts known as "child family investigators". If you don't already have a CFI appointed, you can always move the court to appoint one. Fees are capped around $2000. It sounds like the facts are generally on your side, but for ambiguity concerning the definition of "belongs to". Do you mean that two of the children are the biological children of your estranged spouse? If so, Colorado law gives...

    4 lawyers agreed with this answer

  7. DPD put me in their Versadex RMS database as CAUTION DRUG ABUSER. I've never used drugs, not even marijuana. How to fix this?

    Answered 7 months ago.

    1. Jessica Peck
    2. Christopher Daniel Leroi
    3. Philip Rosmarin
    3 lawyer answers

    This is a HUGE problem and sadly you aren't the only person stuck in this gray area that appears to offer too few solutions . There are very specific procedures about petitioning courts of civil and criminal enforcement agencies to suppress, clarify or even expunge this type of mistake or misdiagnosis, if one was made. While it's all pretty complicated, you should start by picking up a copy of any and all of your medical records you can get your hands on. While it's unclear from your...

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  8. How do I properly respond to an "Affidavit in Support of Motion to Modify Parental Responsibilities"?

    Answered almost 2 years ago.

    1. Christopher Daniel Leroi
    2. Jessica Peck
    3. David Littman
    4. Karl J Geil
    5. Kristen Mclaughlin Tarrin
    5 lawyer answers

    First step: contact the court and ask about any classes or resources for "pro se" (non-represented) parties. Many Colorado jurisdictions provide such services given that the majority of parents facing post-divorce disputes do not/cannot hire an attorney. Second step: whatever you do, do not miss your deadline. Family law cases, even post-divorce, are governed under Rule 16.2 of the Colorado Rules of Civil Procedure. Check--and double check--to ensure that you are in compliance with...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Question on keeping finances in separate accounts from mentally unstable spouse soon to file for divorce.

    Answered over 1 year ago.

    1. David Littman
    2. Jessica Peck
    2 lawyer answers

    Under Colorado law, once a divorce petition is filed, the parties are prohibited from liquidating major assets or incurring unnecessary debt without the consent of the other spouse. Prior to the filing, however, and absent some other sort of legal action, and assuming you don't have some sort of binding legal contract, you can both liquidate/incur without getting in trouble. You say that your spouse will "shortly file".... in many cases that I've seen, this can mean tomorrow or it could mean...

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  10. Are there alternative ways to complete DV and Parenting Classes?

    Answered 7 months ago.

    1. Christopher Daniel Leroi
    2. Philip Rosmarin
    3. Jessica Peck
    4. Shad L Brown
    5. David Littman
    5 lawyer answers

    Just to clarify: if the parenting classes are ordered by a non-criminal court (or in some cases even a criminal court) all Colorado jurisdictions allow for at least minimal exceptions to the in-person requirement for only the parenting classes. Some of the more rural jurisdictions allow for all on-line. Bottom line: call your PO and local clerk to find out. These classes can at first appear to be a frustrating addition to an endless list of obligations BUT if you take them seriously, they can...

    3 lawyers agreed with this answer

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