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John Kenneth Pineau
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John Pineau’s Answers

16 total


  • A Case for a Slander Lawsuit?

    I was arrested for two felony charges of scheming to defraud and grand theft from a previous employer. During that time, my roommate and I had a falling out because our landlord evicted us because of my arrest. While I was in jail, my employer had...

    John’s Answer

    Defamation may exist, but you have a clearer case of civil extortion or extortion per se. However, the value of the case is likely not worth the effort. What you do need is a criminal defense lawyer. The effect of a conviction for stealing from your employer will seriously alter your employability for the rest of your life. You need to beat that charge.

    Good luck!

    Call if you have more questions.

    Respectfully,

    John Pineau

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  • My boyfriend is a sex offender and we just found I'm pregnant. What are our rights when it comes to dealing with his probation?

    My boyfriend is currently registered as a sex offender for possessing pornography (girls under 18, older than 16). He was twenty at the time he started collecting it. He is on probation and one of the requirements he has to meet is no contact wit...

    John’s Answer

    Yes, they can have him move out. Yes, but it is unlikely, you could make a number of bad choices on how to deal with this and risk losing your child through a dependency and neglect action. Again, this is a very unlikely result. On both issues, there are many things you can do to reduce the chance of these bad results.

    On the first issue, your boyfriend needs to consult with a lawyer immediately. In particular, if he is on probation for an indeterminate (life) sex sentence. One of the things he and counsel are likely to consider is a Parental Risk Assessment (PRA). But none of this should be done without a lawyer. The highly antagonistic probation/treatment tormentors are often vicious. One wrong move and his compliance could be cast into doubt, and prison will be inflicted as a consequence.

    Your own issue regarding continued child custody will be improved or degraded largely as a result of whether you permit father-child contact after it has been terminated by prob/treatment. If you do not allow contact, after they have banned it, you are not likely to have a problem.

    Finally, I know this system is ludicrous, but do not make the mistake of underestimating its unhinged obsession with degrading, controlling, and entrapping your boyfriend. Be careful and call a lawyer.

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  • What is the truth of ex parte? If it means what I believe then shouldnt I have notified of the upcoming court proceeding.

    I am in the beginning of a big fight,and I have had my whole case file copied so I can research and have all the inconsistincies,lies and corrupt behavior of CPS. I see a exparte motion to ask for a protective order.I wasnt there to defend or den...

    John’s Answer

    Let me just be straight with you, get a lawyer now. You are the target in a very complicated proceeding much of which goes forward informally among a group of professionals who work with each other on a regular basis. In short, there is a small cadre of representatives of the county and, to some extent, the parties, who negotiate these cases at a rapid rate every day. You are likely to find yourself cranked through the gears with little sense of what's going on other than the fact that it is not going well.

    Get a lawyer, now.

    Good Luck,

    John Pineau

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  • Can a person get off probation early imy friend has done everything he suppose to do? what is the procedure for early release?

    Can a person get off probation earlyimy friend has done everything he suppose to do? what is the procedure for early release from probation? my friend has complied with whatever the courts ordered. he is making payments on any money owed. probat...

    John’s Answer

    Absolutely! But it is a judgment call influenced very heavily by the position that Probation takes on the issue. If the Probation Officer is in favor, there is a good chance it will be approved. You can file for it without probation approval, but it will be an up hill fight.

    Good Luck!

    Respectfully,

    John Pineau
    303 440 4444

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  • Will a petty offense in Colorado appear on background checks for medical licensing?

    Will a petty offense from a municipal court in Colorado show up on background checks for state board medical licensing? I believe state boards use CBI and FBI background checks? If the record does not appear on a CBI check, then what are the cha...

    John’s Answer

    It depends on the nature of the arrest/charge. Here is an excerpt from the CBI homepage,

    "The computerized criminal history (CCH) database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. Additionally, warrant information, sealed records, and juvenile records are not available to the public. To locate information regarding registered sex offenders, you must contact your local law enforcement agency."

    Just go to the CBI homepage and order up a background check on yourself, it's cheap.

    Good Luck,

    John Pineau

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  • My husband is on probation .His probation officer is demanding a copy of are bank statement. Do we have to give it to hi

    He is on probation for two years for domestic violence.

    John’s Answer

    Is it a joint account? If it is, you have not agreed to share your financial information with the state (probation). What does the PO need it for? These may be questions you should pose, in writing, to the ultimate supervisor of probation, the court. However, before beginning this fight, you may want to call the PO directly and ask why they need the records. If you don't like the answer, write a letter to the court.

    Good Luck!

    John Pineau

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  • Could I go to jail if a cop lied and I didnt?

    Okay so I reported somebody banging on my windows and than I saw who did it . He was sitting in a car on my driveway and the cop said he was sitting there for a half an hour which he was not... He came when dispatch called him...

    John’s Answer

    Could you go to jail because a cop lied? Absolutely. But you knew that. Quit messing around and get yourself a lawyer.

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  • I have a sentencing hearing tomorrow.

    I have a serious knee injury, which requires surgery. The D.A. refuses to continue the hearing. What can I do?

    John’s Answer

    Dude, get a lawyer. Screw the DA. Get a lawyer and have him file a motion for a continuance.

    Happy holidays!

    John

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  • Do pending felony charges show up on a criminal background check in regards to getting an apartment?

    Want to get an apartment but being charged with a felony in the process of dismissing the charges but not certain if this will show when they run the criminal background check for the apartment.

    John’s Answer

    I'm more interested in your pending felony. I assume you have a lawyer on that because it is very unlikely it will be dismissed even with counsel. If you do have a lawyer, they will be able to advise you about what will show on your background check. If you don't have a lawyer for your felony, you need one ASAP.

    Good Luck!

    Respectfully,

    John Pineau
    303.440.4444

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  • What are the repercussions for a misdemeanor "fighting in public" charge?

    I was issued a ticket for Fighting in Public as a friend and I got into an argument after a night of drinking. Nobody was hurt and it wasn't really even a fight. Can you point me in the right direction as to the steps I will need to take so ...

    John’s Answer

    There is already a record of your arrest in this case. To return to a clean record you need to either negotiate a plea that will permit a record seal at a later date or get an acquittal at trial. The record seal requires that your plea be to a sealable offense and that you file a separate civil action to seal your record. In short, you are going to need a lawyer.

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