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Andrew John Contiguglia

Andrew Contiguglia’s Answers

155 total

  • Can I start a company with in the restricted period with a non compete contract I currently have?

    The non compete has a restricted period after termination and or during the time of employment of 12 months and 50 miles from the location of the office of not working for a competitive company, soliciting to potential customers/customers, referr...

    Andrew’s Answer

    • Selected as best answer

    David, this is a great question. So many people have issues like this one, I'm glad you took the initiative to ask it.

    Like my colleague said, a non compete is very factually driven. And depending on your position at the old company, that will help determine whether it's even enforceable. In Colorado, generally non competes are unenforceable against simple employees, but can be held enforceable against co-owners or managers of a business. Colorado is a right to work state. Non-solicitation and confidentiality agreements are typically enforceable against all employees.

    Now, keep in mind, while there might be a strong argument that the agreement isn't enforceable against you, per se, if the opposition is looking to enforce it against you, be prepared to spend some money on attorney fees. Sometimes it's not worth fighting over if it's a short time line. But that's a business decision you need to make.

    Last option, if you're still on good terms with the former employer, see if they have any objection with you starting a business in South Denver. If you get their approval, then you won't have to worry about enforcement.

    Hope this helps. Good luck!

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  • Arrested / charged with assault, harassment, tampering and malicious mischief - case was dismissed... How seal arrest record?

    The public arrest record can effect my future. Can I ask is to be sealed? How hard is it to do? How long does the process take? Can I as an individual do the filing and hearings?

    Andrew’s Answer

    It's nice to hear of cases being dismissed. Congratulations!

    Sealing of arrest records and criminal records is a tedious task to say the least. It's a very detailed oriented process requiring the filing of a petition to seal the records in the district court of the county where the arrest took place. Unless there is a compelling reason that the community needs to know of your arrest, typically the cases are sealed without argument by the District Attorney office. However, if the DIstrict Attorney does contest it, you will be required to have a hearing and prove to the court why it should be sealed.

    The key, also, is making sure that the organizations reporting on criminal violations and arrests have notice and an opportunity to contest the record sealing. Once the court enters the order sealing the records, you then have to serve a copy of the order on, once again, all the organizations that can report such information.

    The Colorado Courts web page has a self help section that provides all the information you need to seal your records. However, because of the details involved, it's best to contact a lawyer who has experience in sealing records, so you don't make any mistakes.

    Good luck!

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  • Can a witness to an accident sue the at fault party for emotional distress?

    Just wondering about the merits of certain case since I could not find the story anywhere. I heard stories of a Colorado man being sued because the witness to a car accident claimed to have been emotionally scarred after seeing a driver crash i...

    Andrew’s Answer

    I have never heard of that case. And, I find it unlikely that the facts unrolled so simply in that situation.

    In Colorado, emotional distress is a tort. The elements are (1) the defendant engaged in extreme and outrageous conduct; (2) the defendant engaged in such conduct recklessly or with the intent of causing the plaintiff severe emotional distress; and (3) the defendant's conduct caused the plaintiff to suffer severe emotional distress. Outrageous conduct is defined as conduct that is so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community.

    The elements of a negligence claim are a legal duty, a breach of the duty, causation, and damages. In determining whether the law imposes a duty on a defendant, relevant factors include (1) the risk involved; (2) the foreseeability of harm to others and likelihood of injury as weighed against the social utility of the actor's conduct; (3) the magnitude of the burden of guarding against the injury or harm; and (4) the consequences of placing the burden on the actor.

    In both of these instances, you would be responsible for providing facts to support these elements. Failure to do so would result in a dismissal of your action. Don't forget the bottom line on any injury lawsuit, you need to prove your damages. In other words, you need to prove the value of your injury. Just because events occurred, if it doesn't equate to a monetary value, you could win the case, but receive no compensation.

    You should meet with a lawyer to go over the facts of your case to see if you have claim and whether it is worth pursuing. Good luck!

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  • Can I clear my prostitution charge?

    I received one charge and am on a differed sentence. I received one years probation. Once I finish probation and the case is closed, can I clear my record?

    Andrew’s Answer

    Yes. Once you successfully complete all the terms and conditions of the deferred judgment, you can petition the District Court in the county where the case was originally filed to have the case sealed. It is a separate action brought in the District Court where your current case is pending. Just remember, you must have a dismissal of the action in order to be eligible to have the case sealed. Failure to accomplish that will result in your not meeting the requirements to file a record sealing action. You should definitely consider hiring an attorney in order to file the petition to seal the records.

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  • What is a FOJ Charge from Denver county for Felony Menacing? should we wait for court to drop the bond amount?

    my boyfriend is in Adams county serving a 30 day sentence for traffic violations. When he got there, we found out he was recently held with a 50,000 bond for felony menacing. The only thing we can think of is 2 days before the charge we were at...

    Andrew’s Answer

    An FOJ charge means there's an outstanding warrant. If your boyfriend gets stopped by the police, or in this case released from the Adams County Jail, he will be brought to Denver on that fugitive of justice warrant. He will then appear before a judge at which time he will be able to address bond. The court will not reduce the bond before he appears. In other words, he needs to finish his jail sentence in Adams County before he can be brought over to Denver to receive those new charges. Alternatively, he can do what's referred to as a writ of habeas corpus and have the courts transfer him or transport him from Adams County to Denver to face those new charges. He will be able to address bond at that time.

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  • Colorado non-compete limitations; geographic scope and time...

    I'm an employer with a dog boarding/daycare business. We want to add training to our services. A couple employees want to get certified as dog trainers. I want to help pay for their training, in order for them to be in-house trainers. How do i...

    Andrew’s Answer

    There are a number of creative ways you could structure an agreement with your employees. A non-compete isn't necessarily the right one. In Colorado, non-compete agreements generally are not enforceable against employees. They are only enforceable against owners, managers or partners of a business. Non-solicitation agreements (agreements not to solicit clients of the company) are enforceable against employees. The only problem is, you can't make an employee sign the agreement after they have started working. In other words, you can't make continued work conditional upon the employee signing the non-solicitation agreement. It needed to be done at the time the employee was originally hired. Last, Colorado is a right to work state. You can't prohibit them from competing against you even if you do pay for their training.

    As a creative solution, however, you can reach a separate agreement with your employees unrelated to either non-compete or non-solicit. For example, you can agree with your employees that you will pay for their classes if they agree to continue to work for you for an additional 12 months (or whatever). If they quit before that time period ends, they have to reimburse you the costs of the class. Essentially what you are doing is creating an incentive for the employee to stay and protecting yourself for a period of time. Maybe you'll get lucky and their amazing skills as a dog trainer will land more business for your company and it'll be a good investment on your part.

    All the above agreements are legally complicated. Don't be afraid to make the investment in sound legal advice and business counseling. Doing this the wrong way could be costly to your company.

    Good luck!!

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  • My Fiance was charged with fugitive of justice in another county. What would be the punishment?

    He's being held in Arapahoe county, original charge was Mesa county. He smashed someone's phone there who was calling 911.

    Andrew’s Answer

    Sounds like a wiretapping and criminal mischief charges.

    He is being held in Arapahoe County on a Mesa County warrant. He can post bond if one has been set and then appear in Mesa at an assigned court date. Otherwise, he will have to wait to be transported to Mesa where he will go before the court and the judge will set a bond at that time.

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  • My husband is threatening that he will sign up for a notorious father's right lawyer. What do I have to be afraid of?

    My soon to be ex says that he is going to find the worst father's right lawyer in Colorado. I have no idea how I can protect the children and stand up against him, since he is very wealthy as well. What do I have to do to protect my children and...

    Andrew’s Answer

    Father's rights is a marketing tool. Each parent gets the same rights. The law is the same for both mommies and daddies. The only thing that changes is the facts behind each case.

    He won't be able to delay your case forever. The courts won't allow it. Once a case is filed and the process starts, procedural timelines go into effect and courts are very reluctant to modify them.

    Now, if he wants to be a jerk, you can't change that. Trust the legal process and the lawyer you hire to get you through. Many great ones here.

    I guess you could always bite in the 'Mother's Rights' marketing tool if you think you really need that.

    Good luck!

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  • Charged with Wreckless driving; 85 in a 45. Pled not guilty. Received a continuance but have no lawyer. What is your advice.

    No accident occurred. No alcohol or drugs involved. Have previous speeding ticket but not to this extent. Need to try and keep my license to get to and from work.

    Andrew’s Answer

    I have a vague recollection that there is Colorado case law that states something along the lines of speeding alone is not reckless driving. There has to be more conduct than just speed alone. I would be interested in seeing what the police officer indicated in his police report to cite you for reckless driving. There could be many factors the officer evaluated. In any event, lawyer up. Even speeding 25+ over the speed limit can carry jail consequences.

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  • I was in a car accident and have back pain from it. I have had back injuries before, but not recently. What do I do now?

    Another car hit my car a couple of days ago and I have back pain since the accident. The woman who hit me has admitted that it was her fault and her insurance company is paying to fix my car. My insurance company told me to go ahead and use my...

    Andrew’s Answer

    You have received some great advice from some great attorneys. You shouldn't let your past history of back pain prevent you from moving forward with the personal injury claim.The goal at this stage is you need to be able to equate your current back pain with the car accident. Based on your description of events, you haven't had back pain for some time. Now, since this accident, you started to have back pain again. It seems fairly straightforward that the current accident has aggravated your past back pain.

    You should not deal with any insurance company, even your own, without an attorney. People get confused thinking that Insurance   companies are out to help them. But, in reality, insurance companies are in the business of making money. That does not always equate to helping you.

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