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William E. Smith

William Smith’s Answers

41 total


  • So I have a two year old son his dad has just started paying child support and played it for maybe two months last year I moved

    To Michigan and now he's Theanting to take me to court for split. Custody what are the chances he will get it especially since. I live in Michigan with a job and he has a lot of family here That he is used to

    William’s Answer

    More detail would certainly be helpful. It is unclear to me if there has been a Colorado order concerning allocation of parental responsibilities. If there has not been an order issued, and the child has lived in Michigan for a year, it is unclear how Colorado would have jurisdiction over the child. If there are existing orders, Colorado will generally maintain continuing exclusive jurisdiction to modify so long as a party remains in Colorado. This is a fairly fact specific issue which is addressed by a uniform jurisdictional statute commonly referred to as the UCCJEA.

    Whether a court will award a particular parenting time arrangement depends entirely on the circumstances of your situation. The Court in Colorado applies a different legal standard for initial determinations than modofication if relocation of the child is an issue.

    This is a tough question to answer without far more information. I would recommend consulting with an experienced family law attorney.

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  • If we can't afford bonds or any thing to help an inmate.

    just in the wrong place

    William’s Answer

    I take this post to be a plea for help. It sounds like a friend/relative was recently arrested.

    In El Paso County, a bond will likely be set and there will be an advisement of charges and rights. This is typically via video conference in this jurisdiction.

    The previous post is correct, if money is an issue, the public defender is an option. Most inmates automatically qualify for the public defender by virtue of their incarceration. If the individual posts bond, they will need to qualify for the public defender while out of custody.

    Without more information, it is tough to speculate. I wish you all the best and hope your friend/relative receives a low bond and can post bond sooner than later.

    An attorney can be of great assistance in moving this matter forward.

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  • What is the new statue of maintenance that started January 2014

    What if I had my maintenace awarded in 2009 am I effected.

    William’s Answer

    The previous answer is correct, the maintenance guidelines only apply to dissolution of marriage actions filed in 2014 and later. However, if your maintence is modifiable, it may be modified upon a substantial and continuing change in circumstances occurring since your maintenance award. Sit down with an experienced family law professional to review your particular set of circstances.
    Good luck!!

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  • Do you think my case could be lowered?

    I have a case where i was charged with misdemeanor theft., but i believe that it should be lowered to an an infraction or a petty crime. I was at a college in Fort Collins staying at my friends dorm, and i went to a higher floor and took a xbox 36...

    William’s Answer

    Mr. Anaya is absolutely correct in that you should seek competent counsel. If the event took place in Fort Collins, I assume you are dealing with Larimer County. Counsel can assist you in developing an appropriate defense strategy and advising you on potential outcomes in your particular circumstances.
    Be careful not to discuss this matter with law enforcement without the advice of counsel. As mentioned, the state must prove not only an act, but that you intended to deprive another of the property. Theft is considered a crime of dishonesty. A conviction involving dishonesty can cause many problems down the road.
    Speak to an experienced attorney. Mr. Anaya is a skilled defense attorney in El Paso County.
    Good luck!

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  • I'm going to court for consumption of marijuana by a minor. What can I expect when I go to court/Will I be charged w/anything?

    I took one bong hit of marijuana (note I'm from Colorado, but am a minor) from my friend's bong and it was his marijuana (not sure if he legally obtain it). I started having seizure-like activities and so he called 911. I then woke up in the hos...

    William’s Answer

    First, do not give any statements to law enforcement and do not post any statements which may be later viewed as admissions online in a forum like this one.
    There is nothing you can say to law enforcement that cannot be presented through competent counsel.
    It sounds as though you may have been charged with illegal use of a substance (marijuana only?). I would be very interested to see what evidence supports this conclusion and charge. If the only evidence is a friend who noticed you were having seizures, there may be valid defenses to this charge. Medical records are normally not admitted into a criminal matter unless the prosecution appropriately acquires the records. In this case, it sounds as though the toxicology report does not support a detectible level of illegal substances anyway.
    I would recommend you sit down with a competent attorney to review the evidence against you and formulate a strategy. The strategy will likely depend on the likely evidence against you, your age (juvenile charge or adult charge) and the offers made by the prosecution to resolve the matter. Even though this may seem like a minor charge, drug offenses are taken very seriously by federal agencies and potential employers in the future.
    Do not make any statements to law enforcement until you have spoken to an attorney.
    Good luck!

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  • Is my ex-wife entitled to child support after receiving a $500,000 life insurance policy as a result of heroin overdose?

    I make approx. $47,000 dollars/year and my ex-wife is unemployed. We share custody 50/50. She has just received a life insurance benefit that was initially valued at $500,000, after her husband overdosed on heroin. She states she "didn't get all ...

    William’s Answer

    Inheritance can be treated as income for the purposes of child support if actually spent and used to increase standard of living. Also, interest received from the inheritance may be treated as income. Therefore, you may be able to modify child support by increasing her monthly income according to the guidelines.

    This is a fairly fact specific inquiry and a judge will have discretion in determining whether the inheritance can and should be treated as income.

    You should sit down with an attorney who has experience with this type of issue to determine the appropriate course of action.

    Good luck!

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  • Going to el Paso county court in Colorado springs for 42-4-1406 1 b . anyone know what the DA offers a first time offender.

    It happened in Nov.. 2013.. I don't have a criminal record at all..got stop by a state patrol for throwing a lit ciggarrete on us 85/87..near my house..pls need some advice. Do I got jail or fine or community service.

    William’s Answer

    You are a first time offender. That is certainly a good fact. In Colorado, throwing a lit object from a car can be taken quite seriously. In fact, the charge is a class 2 misdemeanor which does carry the possibility of up to twelve months in the county jail. I would be sure to emphasize that this was in a residential area near your house and not abutting a forest. If possible, avoid a conviction to this charge as a straight plea will appear on your criminal history in the future.

    To get the best result, you will want to speak to a local attorney. There are a number of qualified defense attorneys in Colorado Springs. I worked with a number of these individuals at the DA’s office. Look around AVVO – many defense attorneys offer free initial consultations.

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  • What is the penalty for a first time offense of marijuana in the state of colorado?

    I was parked and the cops saw us and found all of the drug stiff

    William’s Answer

    It depends on where you were charged and for exactly what offense. Take a look at the documents given to you by law enforcement. If it is a ticket, it should have the exact offense listed plainly. As noted previously, under the state statute you can be charged for minor possession up to distribution (a felony). You may also be charged under a municipal ordinance which generally carries a maximum penalty of up to a year in jail and a $999.00 fine. Simple possession is charged less frequently since the passage of Amendment 64. It is unlawful to publicly consume marijuana, and as always, it is unlawful to operate a motor vehicle while impaired by marijuana.

    Set up a consultation with an attorney who is familiar with these offenses. Even a "minor" drug charge can have major consequences in other areas of life such as federal student aid and professional licences.

    Good luck!

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  • My husband and I both in our early 20's and divorcing. We don't want to bother with retirement information. Can we omit that?

    We both agree that we have no interest in the others' retirement accounts. We're merely concerned that we could get in legal trouble if we don't put it on the divorce paperwork under our sworn financial statement.

    William’s Answer

    Mr. Littman's response is spot-on. The key is full disclosure by both parties. For a list of the required disclosures, take a look at form 35.1 found here: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108.

    Absolutely disclose all retirement accounts on the Sworn Financial Statement and provide the appropriate statements to the other party. You are potentially creating a bigger problem down the road for failure to disclose a retirement account.

    Mr. Littman is correct, you should at the minimum have an attorney review the Separation Agreement prior to filing with the Court.

    Best of luck!

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  • Will a warrant be issued?

    So i have a feeling i might be introuble when i go to my next probation meeting. I dropped a hot ua and i spoke with my po about it yesterday and i meet with her jan 8th. I apalogized and told her the situation. she said she was going to have to t...

    William’s Answer

    Whether your probation officer will choose to file a motion to revoke probation based on a hot UA is ultimately in her discretion. Some of the factors which will likely affect her decision include: the type of drug, your history of compliance with probation, your underlying charge, and your relationship with your probation officer.

    If your probation officer chooses to file a motion to revoke your probation, a hot UA is generally considered a technical violation of probation. Often, technical violations require an appearance in Court rather than formal arrest on the front end. However, this varies by jurisdiction and by probation officer.

    If you blow off your meetings with probation, it becomes more likely your probation officer seeks to revoke your probation and asks the Court to issue a warrant for your arrest.

    Best of luck!

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