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Richard Waldron Bryans Jr.

Richard Bryans’s Answers

986 total


  • Would they dismiss the charges due to officers poor attention? If I go to trial, could I still accept the reduced charge?

    I got a speeding ticket on Sunday 01/24 for 19mph over speed limit (4pt charge), and am thinking about fighting it. However, if I just pay beforehand and don't fight it, the 4pt charge gets reduced to a 2pt charge of "operating unsafe or defective...

    Richard’s Answer

    With all due respect, you are dreaming. Take the two points and be done. Otherwise, you are asking for more trouble than it is worth. There is nothing fatal about incorrect spellings, dates, or anything else on the face of a ticket because it can always be amended, especially after you are done making an issue of it in front of the judge and prosecutor.

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  • Is this situation worth hiring a lawyer? Or is the lack of evidence enough for me to just plead not guilty and be fine?

    I live in the state of Colorado. I drove home after a night out with friends. I had been drinking, and driving home was a terrible decision. I blew a tire on my way home, and was helped by 2 police officers, one of whom questioned me whether I ...

    Richard’s Answer

    You do not understand correctly the burden of proof. The burden is theirs, not yours. If there is no evidence to prove their charge(s) beyond a reasonable doubt, then the case should be dismissed and your car immediately returned to you. You should hire an attorney.

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  • Can I enter photographs as evidence by myself, or do I have to have an attorney do that for me?

    I parked in a handicapped spot that isn't properly marked (Aurora Parking Ordinance Article 15, Chapter 146, Section 1507.) I think I have a good chance citing the parking ordinance, but I would really like photos of the parking space and surr...

    Richard’s Answer

    You can take the photographs and they should be admissible, provided that you can testify not only that you took them yourself, but that they accurately represent the location in the same way it was on the day you received the citation.

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  • Do I have any legal options?

    Three months ago I had spinal surgery at a major Midwest hospital. Yesterday the hospital called me and said I need a blood test for hepatitis and HIV because a surgical tech. was using pain med hypos and I may be infected. I have a blood test sch...

    Richard’s Answer

    There are legal options, but you need to know the test results before your legal options can be determined. Hopefully the tests will be negative. If not, then consult with a personal injury/medical malpractice attorney.

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  • What can and cannot be included in restitution? And can the defendant ask for documented proof of restitution amounts?

    Someone I know was charged with Assault 3(DV) and was ordered to pay restitution. I wanted to clarify what can be considered in the restitution amount, and if the defendant can investigate the amounts to make sure the prices are not being inflate...

    Richard’s Answer

    Excellent question. Judges typically do not care what the defendant wants and they will not entertain a defense challenge to e.g., the estimated value of a victim's vehicle destroyed by a drunk driver. Victim's impact statements and various forms of documentation taken together are apparently enough for a court to order restitution without questioning the integrity of an evaluation.

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  • Despite the liability waiver, could a buyer still sue me if they injure themselves executing my maneuver? another country?

    I have posted some aerial acrobatic instructional video downloads for sale on Sellfy.com. I included a liability waiver on the purchase now page that signs this waiver upon purchasing the product. Despite the liability waiver, could a buyer stil...

    Richard’s Answer

    Will just add that the comparative stupidity of a potential plaintiff might be a valid defense in the scenario you describe.

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  • What are my legal and ethical responsibilities TO THE COMMUNITY, given my position and the insider knowledge I have gained?

    I am the Treasurer of my HOA. Although I am a fully qualified bookkeeper, the Property Manager (amazingly with the support of the President & Vice President) has repeatedly refused my requests to see the HOA's books. These three men have been runn...

    Richard’s Answer

    DORA does not have any investigative or enforcement capabilities to address an HOA complaint. First you should consult with an attorney about the specific circumstances from which you gained your knowledge to evaluate any likelihood of self-incrimination. Then you should probably contact the Denver District Attorney and Colorado Attorney General's office.

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  • How can i defend my case and who do I have grounds to launch a lawsuit for recovery of damages caused by the acts mentioned

    I am facing felony charges for a crime i did not commit by a female ex manager and believe I am the victim of slander and malicious false prosecution with intent to cause irreparable harm and victim of abuse of process

    Richard’s Answer

    Agree with the other attorney, and add that you will not have a civil claim unless you beat the criminal case.

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  • Does this sound legal to you? Is committing fraud my only option?

    I signed up to do online surveys with a particular company. After I noticed some suspicious activity I asked how to close my account (don't want my name associated with any part of it) I was told there is no way to close my account. When I sign...

    Richard’s Answer

    Aside from not describing anything illegal, no one in their right mind would recommend that you commit fraud and there is not enough information here to even make a guess as to how you might do that. If you have requested that your account be deleted and they fail to do so, you could consider litigation to force them to do so, although that would likely be very expensive without any guarantee of outcome.

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  • What if cop put wrong plate # on ticket I got for speeding

    Got speeding ticket but cop put wrong plate # on ticket...

    Richard’s Answer

    Those kinds of errors are never fatal. Always amendable at any point in procedure.

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