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Laurie Ann Schmidt

Laurie Schmidt’s Answers

262 total


  • I was falsely accused then charged 25 years ago, but was found Not Guilty. In the last year or so I was denied entry into Canada

    The Canadian Customs agent told me he could see I was charged but the Not Guilty verdicts were not included. Not only do I want my record cleared, but am considering action against the District Attorney's Office and/or the State of Colorado. What...

    Laurie’s Answer

    There are a variety of reasons why the court case does not show a result, just the arrest. If your case was in city court and not county or district court, most of those cases/courts may not report results to CBI. This is not the fault of the DA nor the State. It is more reflective of a large system that sometimes has errors.
    You need to do two things- first you must obtain a certified record of the case. If you regularly travel to and from Canada I would suggest at least 10 copies. If you are interested in sealing your record after you obtain certified records there is a process for completion. Sealing records in Colorado is not the same thing as wiping it off your record. Law enforcement agencies will always have access to it.
    Second, Frustrating and embarrassing as this must have been, there is no one to sue. The DA or State brought charges and you were found not guilty of those charges. The DA has an immunity from fault or basically you cannot sue the state/DA because you won the case.
    Good Luck!
    Laurie

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  • Should I pay the 200.00 dollars there asking for?

    I marked down clothes to a lower price then wat it should of been and bought the items afterwards

    Laurie’s Answer

    You should consult with a criminal defense attorney on this issue. Generally this is a civil demand that is always sent out in shoplifting allegations BUT paying the civil demand will not stop and will have no effect on any potential criminal charges.

    Good Luck,
    Laurie

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  • Can a police officer come to arrest you if you dont go court. have not been servered

    this is for domestic violence...they want me to testify but, since that incident we got married. Police officer told me that if i did not go to court...she threaten to arrest me personally.

    Laurie’s Answer

    Your questions cannot be answered on this site. I would recommend consulting with a criminal defense attorney for more specific information. Generally speaking, if you are served with a valid subpoena issued by either the district attorney, defense counsel, or the court you must go to court otherwise you could be charged with a contempt of court or a warrant could be issued for your arrest. In order for the subpoena to be valid, you have to be personally handed it. Mail does not count and word of mouth does not count. A police officer is NOT able to issue a subpoena. However police officers commonly serve valid subpoenas. It is impossible to determine if you have been served with a valid subpoena without knowing more information.
    Best,
    Laurie

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  • When a store have a civil claim against you will that show up on a back ground search

    I marked down clothes to a lower price then wat it should of been and bought the items afterwards

    Laurie’s Answer

    A civil claim that is NOT filed in a court and does not result in a judgment against you should not show up on a background search.

    Good Luck!
    Laurie

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  • If your arrested on drug charges can they make you do UA's when you have plead not guilty and haven't went to court yet?

    My sons UA was positive for pot if it's now legal how come they put a warrant out for this when he hasn't even been found guilty on the original charges yet?

    Laurie’s Answer

    Most likely the warrant is to revoke the conditions of bond or pre-trial release, one of the conditions being that he cannot use marijuana, even if it would otherwise be legal. There are many times, when a person is accused of a crime that the courts will restrict him or her from otherwise legal activity. For example on DUI for alcohol charges, if the allegation is that the offense is a second or more, the court will not allow a person over the age of 21 to consume alcohol. If the condition needs to be removed or adjusted that must be addressed with the judge. At this point, your son needs to go see the judge that set the conditions. If he has not retained an attorney he should do so or apply for tthe services of the public defender.

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  • Child support

    The job market where I'm moving to does not have any openings for my position. If I have to take a pay cut with another career what steps do I take to get my child support reduced?

    Laurie’s Answer

    Mr. Geil is correct. You must make a showing that this move and new career is not to reduce the amount of child support that you may or may not owe in the future. You may consider hiring an attorney to help you accomplish this goal.

    Good luck!
    Laurie

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  • Does my power of attorney override a modified no contact order

    my husband was charged with dv misdimeanor harassment and a no contact order was set. I however spoke to the judge at sentencing and had the no contact order modified to allow me to communicate via phone text or email, finances and children topics...

    Laurie’s Answer

    • Selected as best answer

    A criminal protective order is a one way street. You are not a restrained party, your husband is. You can email and text what you would like. Your husband is not required to listen to your advise nor is he required to respond. He cannot contact you except as allowed in the order and from your question, it appears that you can have conversations regarding the children and your finances. Your power of attorney does not effect, modify, or change the protective order. If you want the contact modified further, you must go back to court.

    Good Luck!
    Laurie

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  • Can I purchase a firearm after having a DWI?

    I have been told that answering the background check questions improperly can result in being charged with purgery and can result in conviction, fines and jail time. The only question I am unsure on is the one that asks: have you ever been convict...

    Laurie’s Answer

    • Selected as best answer

    More than likely a simply conviction to DUI or DWAI from Colorado would not trigger a firearm restriction. The form that is completed for a federal firearms check is form #4473. This is typically completed on-line at the dealership. This form asks the question in 11(c): if you were ever convicted of a felony or any sentence that could result in imprisonment for more than a year. There are explanations to these questions on the reverse side of the form and if you have any doubts- ask to see this actual form before you complete the answer.
    This form is used to determine if there are any reason why you would be excluded from owning a firearm. The federal firearm statue prohibits felony convictions and some misdemeanor domestic violence convictions A DUI or DWAI would not be included on that list. I hope that this answer gives yo a bit more information.

    Good Luck!
    Laurie

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  • Can a lawyer help me

    I got a DUI in 2004 in Colorado I'm trying to get my license back Colorado DMV won't reinstate me until I do classes I travel and work it is hard for me to finish the classes because I go from state to state is there anyway A lawyer can help me ...

    Laurie’s Answer

    I agree with the other posters. I would just add that you may be able to get the license by enrolling in the classes. However, if you don't finish or stop going to the classes, DMV will revoke the licenses. I would start by contacting various treatment providers to determine what the policy is for work related absences and if you can move dates and time as necessary.

    Good Luck!
    Laurie

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  • What state laws apply?

    My husband and I have decided to separate but haven't done anything legal yet. In light of this new situation, I want to move my 4 year old son with me to California but his dad wants to stay in Colorado. Dad is willing to let us move and has agre...

    Laurie’s Answer

    It may be helpful to review your case with a family law attorney in your area. If you are not sure if you want to get a divorce, but just want an agreement on child support and parenting time is one issue. If you are wanting to file for divorce, but are confused on process and how to accomplish a complete divorce and move to California is another issue.

    Good luck!
    Laurie

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