Joseph Scheideler’s Answers

Joseph Scheideler

Denver Family Law Attorney.

Contributor Level 9
  1. Is it unstable for my ex to live with his girlfriend and her friends, then have my kids visit on weekends?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Stephen Clark Harkess
    3. Joseph Scheideler
    4. Bradley Charles Hibberd
    4 lawyer answers

    Sounds like fun for your children. As long as your ex is not exposing your kids to sex, drugs or excessive alcohol consumption, I think a judge would believe this to be a reasonable situation. Also, if this is going to be a very short arrangement with the girlfriend, that might not be suitable. Your children are living in an extended family arrangement. Again, if the other kids are bullying or excluding your kids that might be a concern. Otherwise, this is a situation that family judges see all...

    4 lawyers agreed with this answer

  2. I was accused of stealing money from someone's house while I was installing insulation. How can I prove my innocence?

    Answered about 2 years ago.

    1. Stephen Clark Harkess
    2. Christopher Daniel Leroi
    3. Joseph Scheideler
    3 lawyer answers

    He is making an accusation and when he calls the authorities to charge you he will have to come up with some sort of proof. The cops may start an investigation but unless there is some tangible evidence that you took the money, I don't see them charging you. Of course, it's not impossible that the cops might try to charge based upon purely circumstantial evidence (not eye witness but dna, prints, a mysterious change in your spending habits etc.) but the fact that you have no priors is going to...

    2 lawyers agreed with this answer

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  3. If you lose in small claims court when do you have to pay the settlement?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Joseph Scheideler
    2 lawyer answers

    If you have the means, right away. Ask the plaintiff if he will take payments or a lower amount. You can also ask the judge to give you a time period to pay it off.

    1 lawyer agreed with this answer

  4. It's my second DV charge - will I have to serve jail time?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Joseph Scheideler
    3. Cajardo R Lindsey
    3 lawyer answers

    Do not walk but RUN to the nearest criminal lawyer who deals with DV. Since you had a deferred, your record is clear - you want to keep it that way. DV has many hidden surprises, especially in the job market. Of course, the DA will offer time, I would see about trying it or, in the alternative, try some motions practice to limit some of the evidence. Possibly retain an attorney for your partner. Don't do this by yourself

    2 lawyers agreed with this answer

  5. What will show up on a CBI background check to become a state certified EMT-B?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Stephen Clark Harkess
    3. Joseph Scheideler
    3 lawyer answers

    The clear answer is that no matter how you 'seal' a case, the government can always get the record, especially the federal government. Also, if you are arrested and charged the police and DA can obtain 'sealed' records. The protection you get from sealing is that prospective employers can't obtain sealed information - PERIOD. Your questions regarding certification will probably require the filing of a law suit regarding civil rights violations

    2 lawyers agreed with this answer

  6. If a petition to seal was denied only due to untimely receipt of certificate of mailing is there a time limit to repetition?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Joseph Scheideler
    3. Anne Whalen Gill
    3 lawyer answers

    If there was a procedural error in your petition and proof, and the court dismissed the case, you can always refile and pay the $230 again. Have you made sure that you have the right grounds. It might be a good idea to hire a lawyer.

    2 lawyers agreed with this answer

  7. Will a shoplifting arrest show up on a employment FBI background check?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Joseph Scheideler
    3. Benjamin J Lieberman
    3 lawyer answers

    If you were fingerprinted, the answer is probably yes. If not, you might be on a computer system that picks up the arrest/summons. It is possible to get dismissed and acquitted cases sealed from public forums. It is now possible in colorado to get 5 year old plus cases sealed based upon misdemeanor convictions for certain crimes, but generally not sex related crimes. It is a time consuming process that a lawyer will generally charge $1,000 for. However, FBI checks and State criminal checks...

    2 lawyers agreed with this answer

  8. Should I contest my open container ticket?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Stephen Clark Harkess
    3. Mary E. McCluskey
    4. Joseph Scheideler
    4 lawyer answers

    cops are just like anyone else, they follow the path of least resistance. You had a cup and all of you were probably acting 'high' so he picked on you. It's the same with traffic stops, you may have been going 10 miles over the limit with others going 20 over, but the defense that the others should have been stopped doesn't get you anywhere in court. I'm sorry the police are lazy but that's the way things are. It's easier to write a ticket than to do an investigation

    2 lawyers agreed with this answer

  9. Is it legal for me to change my mind?

    Answered over 2 years ago.

    1. Kathlyn Angela Laraway
    2. Joseph Scheideler
    3. Pamela Sarah Boshears
    3 lawyer answers

    In Colorado and many other states, there is a statute to prevent removal of a child from the home state without the permission of the other parent. Usually there are many factors that the court takes into account. IF you just move, the father may bring a proceeding in the court to have you bring the child back or attempt to have you charged with child abduction. The safest way is to send him a letter saying that you wish to move and offer a visitation plan. Are you receiving child support? Does...

    2 lawyers agreed with this answer

  10. What is the best course of action for me? Can they charge on this?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Stephen Clark Harkess
    3. Joseph Scheideler
    3 lawyer answers

    You are the victim of a system of the most blind justice that comes out of the DV laws promulgated over the last 20 years. There is no bond because you must spend the night in jail according to statute. The purpose of that is to have a cooling off period, which in your case is highly absurd, but the law. The DV system sees the People as the prosecution, not your wife. Therefore, the only way you'll avoid a trial or a plea in this case is if she cannot be subpoenaed by the prosecution. Otherwise,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful