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Richard Waldron Bryans Jr.

Richard Bryans’s Answers

935 total


  • Any legal recourse against a dealership for failure to disclose a car I bought 8 months ago was re-painted?

    I bought a 2010 Ford Escape 8 months ago from a very large dealership in Denver. It's a Certified Pre-Owned vehicle and I was given an AutoCheck report showing the car was never salvaged, in an accident or had major repairs. I'm now dealing with ...

    Richard’s Answer

    You may, depending upon the nature and scope of the "certification" other than the fact that it is a used car, and what representations were made to you by the dealer to induce the sale. You also need to know WHY the entire car was repainted. If the dealer misrepresented facts about the car or concealed facts which they had a duty to disclose, then you may have the basis for a fraud claim against the dealer, which could entitle you to return the car and get a full or partial refund. You need to consult with an attorney in person and have your paperwork and circumstances reviewed.

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  • Are deferments the same as convictions?

    I was given a mistamenor theft charge and a defered sentence for a felony pawn broker act violation. After this I was fired from my place of employment. Now I'm am struggling to find work. On a job application when they ask have you ever been con...

    Richard’s Answer

    The answer to your question is "no." However, your next sentence is confusing. So, quite simply, a deferred judgment and sentence will result in the prosecution's dismissal of the charge after a successfully completed deferment period. Otherwise, a conviction will be entered. So, are you talking about one charge or more than one (and a different result for each)?

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  • Can 2 counties be involved in 1 case? Jefferson and Adams County. So they can just get warrants with no proof? Judge signs this

    I let a guy park his excavator in my yard, weeks later Arvada police find it in my yard. They let me go. Adams County issues a warrant for 18-4-401(1),(2)(H) . after detective said they would check my phone records for pings in area it was stolen ...

    Richard’s Answer

    You need to understand that "proof" is not needed to get a warrant---just the flimsiest basis for probable cause, including an accusation by anyone. Hey, if there is no proof, you will be exonerated. On the other hand, if there is a lot of proof, you will be convicted unless you make a deal first. You need to hire a criminal defense attorney or the public defender asap.

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  • Mail subpoena

    Is a mail subpoena proper service. I did not sign and waive service.

    Richard’s Answer

    Serving a subpoena requires delivering a copy to the named person or service as otherwise ordered by the court consistent with due process. Service is also valid if the person named in the subpoena has signed a written acknowledgement or waiver of service. Service may be made anywhere within the state of Colorado.

    Generally, mailing of a subpoena is not valid personal service in Colorado.

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  • Leasing office says I signed a lease that had a clerical error- now charging me $100 more per month because they corrected it..

    I posted on here last night and was advised to ask for a signed copy of the revised lease. When I asked my leasing office for a copy of the revised lease they claim we signed, I received an email in response stating that "The first page was a miss...

    Richard’s Answer

    As a practical matter, you can pay 1200 or move out and fight over it in small claims court.

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  • Can a leasing office change a lease agreement after I have signed it?

    I am a long term resident. I signed a new lease for x amount over 30 days ago that went into effect on the first of the month. After I paid my rent, I got a notice to my door stating that I signed a lease for y amount and now owe them more or be ...

    Richard’s Answer

    The burden of proof is upon the property manager to show you the original lease for y upon which should appear your signature. If they cannot produce that, then you must owe x, which is what you admit should be proven by your written lease.

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  • I am selling my property do I have to tell the buyer about my civil suit that I didn't initiate.

    The question is straight forward.

    Richard’s Answer

    You have already asked this question and the answers given to you were "yes." What is not straight forward about that?

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  • Will a drafted document of a payment plan hold up in court with the party's signature even though it was not typed up formally?

    I have been dealing with my laptop situation for over 8 months now. I met with an attorney to help narrow decisions in which I should take to get the other party to pay for repairs in which they promised. I was also able to draft up a promissory n...

    Richard’s Answer

    If it contains all of the terms and conditions of payment under the plan and she signed it, it is a legal document called a contract. The fact that it is handwritten is of no consequence. Tell her to pay up.

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  • What should I do?

    I was recently accused by my ex girlfriend of stealing her Credit Card and using it without her authorization. She filed a police report just yesterday! The truth is that I used it while she was present and with me to put gas in her car, buy food...

    Richard’s Answer

    In agreement with all of the other attorneys. You have the right to remain silent. Use it.

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  • Speed ticket Colorado. attempt to withdraw plea AFTER court

    based on ineffective assistance of counsel Does this exist? What would it mean for me? Would this send me to trial? Or back to court? I'm unsatisfied with my court plea. Would it be worth the shot? I don't think I have much to lose/so how ha...

    Richard’s Answer

    Generally speaking, traffic is not a particularly difficult area of law. The claim of "ineffective assistance of counsel" would require a finding that your attorney was not breathing and had no pulse while representing you. Buyer's remorse over a couple of points and a fine are not grounds to reverse a plea. If you just aren't able to make or live with a decision, that's something else. Unless the plea you entered into has consequences unknown or undisclosed to you at the time you entered into it, you're asking for more trouble than it's worth. The worst that could happen is that you are convicted of the charge(s) and are penalized on that basis.

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