Can you lose custody of your children in Colorado for using marijuana, if not using around children and its not in your home?: Moving to Colorado. Not pregnant or using marijuana now. Would like to take advantage of the legal marijuana for my medical disabilities. Do not plan to use or abuse in home or around children. Can I still get in trouble with CPS; if they investigate my family, for legal consumption?
V.’s answer: It all depends, If for recreational purposes most judges will have issues in allowing such use. If you get a medical marijuana card and properly document the ailments to the MMJ use then you will have an argument with the court, But you cannot get in stupor or lose conscientiousness after use of MMJ. It will depend on Judge and county that you matter comes before. Also the County in which CPS (in Colorado it is Department of Human Services, Child Abuse and Neglect division), case worker is involved. It is generally a mixed bag. The issue is not whether or not the consumption on MMJ is legal but rather is it appropriate and safe while caring for young children. The age of the children will be considered. If very young then the risk of abuse of MMJ could endanger or place the child in a situation that risk of harm is possible. If children are older that risk is slightly reduced. I would advise against use of recreational MMJ and Medical use must be low usage
Can I get into Canada while on pretrial monitoring?:
I am a Canadian and U.S. citizen currently on pretrial monitoring in 2 different county's in Colorado. I don't have any warrants but am on 2 bonds awaiting 3 court dates (all for misdemeanors) and wondering if I would be detained if I tried to enter Canada at the border or getting off a plane.
Can anybody tell me in detail how this works. And yes, I am aware of the moral neglect of the situation. I just really want to know about any problems that can or could present itself if I chose to leave the country. Mostly, will I be allowed to enter the country on pretrial supervision?
Thank you!
V.’s answer:
If you, are on bond you, generally, cannot leave state without consent of bonds person and the court. You will have to obtain consent from each bonds person and file Motion with each court. Also you have to get the DAs position as to your leaving state giving travel dates and return date. Also you will have to give a truthful reason for leaving the state or country. If you are on pretrial services you also need to get consent from each pre trial supervising officer. If you travel out of state without consent and not leaving the state is a condition of your bond them you could be charged with violation of bail bond condition and upon conviction there is a mandatory jail sentence of 6 months for each such violation. Each bond is a separate violation. Contact a criminal defense lawyer for help. Do not leave hoping you are not found out for if you do that the court will be very upset and issue a warrant or revoke bond, have you arrested and increase your bond to a high amount.
All the best
Being charged with contributing to a deliquency of a minor:
So a friend was at the store with her daughter and the daughters friend. The daughters friend attempted to steal a $3. Product. Asset protection grabbed the girl and put her in a room (kidnapped her) friend flipped and tried to find out what was goin on and they wouldnt say anything since she wasnt the parent. Friend went into the room got the girl and they left. Now my friend got served and is being charged with contributing to a deliquency of a minor!! How is that possible if they wouldnt tell her what was happening and she was in protection mode grabbing the child and leaving?
Any answer would be greatly appreciated!
V.’s answer:
I agree with Attorney Haskin as to that the loss prevention personnel of the store did not kidnap the minor child. I differ with Attorney Haskin that the minor child is not yet convicted of theft so cannot be called a thief. However, at this time the minor child is only allegedly to have committed an act of juvenile delinquency. Until, the minor child is adjudicated a delinquent by a court either by plea negotiations or at trial (this will be a court trial ( to a Juvenile District Court Judge) she cannot be called a thief. The adult who is taking care of a child or has a child in his or her control is responsible for the acts of the child or at least responsible for a failure to properly and adequately supervise the child and could be charged with Contributing to the Delinquency of the child but the adult may have viable and successful defenses but at this stage because of the lack of information of what the adult knew or did not know or what the adult did or did not do it is hard to tell.
However, the minor child and the adult charged should seek appropriate juvenile defense (for the minor child) and a criminal defense attorney for the adult charged with CTDM).
The loss prevention of the store have no duty to the adult who is accompanied by the child except to contact the parent or legal guardian of the child.
The store has a legal right to protect its property and to ensure safety of people in the store. The store is private property and as such anyone entering or remaining in a store mere licencees whose license can be revoked without notice so long as the revocation is not based on prohibited discriminatory practices or is in violation of local, state, or federal law.
No one has the right to enter or remain on private property (a store in this case) and be accused of committing a crime. It is a crime to take or deprive another (the store here) of property without paying for that property.
The Store was also on a protection mode when it apprehended and temporarily detained the minor child both from allegedly committing further crimes or from escaping after committing an alleged crime, irrespective of the value of the alleged crime of theft. It is a crime of theft even if the value is 1 cent.