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Kent Joseph Leier

Kent Leier’s Answers

59 total

  • How can a write a motion for dismissal, and when can I submit it?

    this is for dv harassment. wife has changed her statement that is much closer to the truth and admitted that she was the aggressor. also she admitted that she only called the cops because she was angry not that she was physically touched or felt...

    Kent’s Answer

    The situation you have described is not unusual. It is very common for victims to change their version of what happened. The judge won't have authority to rule on your Motion to Dismiss at this time. The judge only has authority to dismiss your case during a trial if a Motion for Judgment of Acquittal is made. He could suppress evidence at a Motions Hearing, but that would not necessarily mean the case would be dismissed. The only person that has authority to dismiss your case at this time is the District Attorney and they are not likely to do that based upon a victim changing her story. If you want the case dismissed you will have to go to trial and be found not guilty.

    Kent J. Leier
    The Leier Law Office

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  • Can police search a device several months after the 10 day limit on a search warrant?

    Search Warrant gives 10 day limit to seize and search items and location described. They Took a Camera, along with a computer and digital storage media. They searched the computer within the 10 days. They didn't search the storage media. They wait...

    Kent’s Answer

    • Selected as best answer

    Your question relates to a very complex area of the law. It is very difficult if not impossible to give you any accurate legal advice on this issue without taking a look at the search warrant and doing an in depth initial consultation. Plus, if digital storage devices, camera, and computers are being searched I'm guessing you are dealing with very serious charges. I'd recommend you contact an attorney to set up an initial consultation.

    Kent J. Leier
    The Leier Law Office, LLC

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  • A notice from the DMV office was sent to an address that was not listed on the driver's license.

    Can a hearing still be scheduled even if the 7 day period has gone by by only a single day? Why would the information be sent to somewhere other than the address listed on the license? A change of address was never submitted through the dmv.

    Kent’s Answer

    You still need to request a hearing. If you need assistance on the Western Slope I would recommend contacting Luna Law in Delta.

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  • I want to drop a DV against my husband, but since I can't what is the best way to minimize his chargers and drop the no contact.

    This is first offense and does not have any other criminal record.

    Kent’s Answer

    • Selected as best answer

    Your husband's attorney should be working on his defense and limiting his liability. If he doesn't have an attorney he needs to hire one or seek representation from the public defender's office immediately.

    You can write a letter to the District Attorney and the court requesting a modification of the protection order. Upon receipt of your letter, a hearing to modify the protection order will be scheduled. The court will not drop the protection order, but it can modify it to allow you and your husband to have full contact with each other.

    The Leier Law Office, LLC
    Kent J. Leier

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  • Please Help: 1st Time offence, food stamp fraud.

    I have never been in trouble with the law, I might be investigated for food stamp fraud. Not sure the full amount, but I received a phone call today and was afraid of what could happen; they had some questions to clear up. I dont work outside the ...

    Kent’s Answer

    If you believe you may have committed food stamp fraud the most important thing to remember right now is that you shouldn't make any statements to anyone about the case, your income, or the makeup of your household. Many times these cases are prosecuted based on statements and admissions. If you believe you are being investigated hire an attorney and direct the DHS investigator or law enforcement officer to your attorney.

    The Leier Law Office
    Kent J. Leier

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  • Completing deferred sentence and sealing records.

    I am 2 months away from completing a deferred sentence. My attorney left me with paperwork to file or said I could appear in court. Is one option preferable to the other? He also said I would be able to have the records sealed. Is there a set t...

    Kent’s Answer

    If you choose to appear in court on your deferred judgement and sentence or send the paperwork in the result is the same and one option is not necessarily better than the other. Also, many attorneys focus on criminal law and could be of assistance with the record sealing if you are uncomfortable proceeding on your own.

    The Leier Law Office
    Kent J. Leier

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  • Should I just plead guilty or consult an attorney?

    Intoxicated, had unloaded (NO clip) 22 rifle in room. knew gun was not loaded, did not point at anyone, rifle was never fired, & I had no intention of firing. Arrested for illegal possession of firearms. At least 5 offcrs present. I read arresti...

    Kent’s Answer

    My colleagues are correct. Definitely call an attorney and get a consultation. On the western slope it doesn't get any better than Brandon Luna. I'd recommend giving him a call.

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  • Is it realistic to defend myself against an obstructing a peace officer charge in Colorado.

    18-3-104 As far as I can tell, If I was not physically obstructing the officer, used absolutely no violent or intimidating verbal or body language, and removed myself from the situation when asked by the officer, this charge does not apply to m...

    Kent’s Answer

    Obstructing is one of the Fort Collins police officers favorite and standard charges. If you dealt with numerous police officers there is likely video from one of their cars or from the glasses they wear. Call up an experienced criminal defense attorney to evaluate all of the reports and video and help you fight this charge.

    The Leier Law Office
    Kent J. Leier

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  • How is taking a cell phone and tablet that have potential evidence of teenage porn on them to the PD considered DV?

    I found out from my daughter that my ex-husband had porn - potentially underage - on his tablet that my kids play on. I convinced my ex to let me see the tablet and also borrowed his phone while he sat across from me in a restaurant. I found por...

    Kent’s Answer

    It sounds like there may be more going on than you are aware of. Don't talk to any more law enforcement officers without having an attorney. Keep in mind that anything you say can and will be used against you. Many attorneys on avvo offer free consultations. I'd recommend calling one and getting some assistance.

    The Leier Law Office
    Kent J. Leier

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