Attorney Roger John Lucas's Legal Cases

Real estate

Mechanics Lien- Spurious Lien- Slander of Title

Aug 19, 2016

OUTCOME: Case Dismissed

Clients were sued by a contractor who filed a mechanics lien on their house. We counterclaimed, arguing the contractor did not fully perform the services under the contract, and was therefore liable f ... or slander of title and filing a spurious lien for an improper purpose to force my clients to pay him despite his defective service. The parties reached an agreement to dismiss their respective claims, protecting my clients from having to pay any more than what was owed for the work on their house.

Car accident

Auto Accident- Underinsured Motorists

May 20, 2016

OUTCOME: $175,000 Jury Verdict- Policy Limits + Costs awarded

Client was rear ended at an intersection in Colorado Springs. Other driver's insurance company settled for an insufficient amount, considering client's injuries, medical bills, and legal fees. His ow ... n insurance company refused to offer additional compensation under his underinsured motorist's policy, claiming he was over exaggerating his symptoms and had pre- existing conditions. His insurance company did not even attempt to settle the case after the lawsuit was filed. We presented our case to an El Paso county jury of six, who awarded him $175,000 for his economic and non-economic damages such as pain and suffering and loss of enjoyment of life on top of medical expenses. Client recovered policy limits and all of his court costs.

Criminal defense

Obstruction- Resisting Arrest- Felony D/S Revo

May 12, 2016

OUTCOME: Motion to Suppress granted- 2 Cases Dismissed

Client was on a deferred sentence for a felony menacing case. While on the deferred, client was charged with obstructing a peace officer and resisting arrest, after an alleged incident at a downtown C ... olorado Springs bar. We argued that the police officers were profiling and did not have probable cause to restrain my client who did not do anything wrong, and was unlawfully grabbed and apprehended by the police. The trial court agreed with us and suppressed all the evidence after the illegal police contact, forcing the DA to dismiss the case for lack of any evidence to proceed on the charges as all alleged conduct on the part of my client after the police improperly grabbed him could not be used. The dismissal of the misdemeanor case in El Paso county court led to the dismissal of the felony deferred sentence revocation complaint, as the basis for the revo was solely the new case. Since client was otherwise in full compliance with the district court case, the DA also had to dismiss the revocation. Client was able to keep his record clean from convictions in both cases as his D/S was discharged as successfully completed. That was an effective use of a Motion to Suppress under the Fourth Amendment for an illegal search and seizure.

Contracts and agreements

Money Dispute- Civil Damages Dispute

May 12, 2016

OUTCOME: Claims Dismissed

Client was sued for an alleged breach of contract and default on a personal loan associated with a commercial business purchase and sale agreement. After reviewing the evidence available, including pa ... yment history records, the plaintiff realized his claims against my client were meritless and failed to prosecute the claims any further. Client successfully defended the false claims of being in default and got the case dismissed before trial at pre-trial readiness conference.

Landlord or tenant

FED- Tenant- Forcible Entry and Detainer

May 11, 2016

OUTCOME: Settlement reached

Client was threatened with an eviction for alleged non-payment of rent for two months. Plaintiff was client's co-tenant and not his landlord. After pointing out the true motives of the plaintiff, and ... the procedural flaws with the case, the landlord agreed to waive the two months backrent and afford client with two months additional stay at the residence without payment of any rent, in exchange for an agreement to terminate the lease early, and have client vacate premises. Case was resolved amicably before going to contested hearing before the magistrate. Client's situation worked out in his financial favor.

Criminal defense

PPO Hearing- Civil PPO Request

May 03, 2016

OUTCOME: Dismissed

Client's roommate applied for a Permanent Protection Order against him after the two had a petty dispute. The request was a completely imporper use of this process to leverage a silly argument between ... roommates. Prior to hearing, Petitioner realized that if she proceeded to hearing, all sorts of information that she did not necessarily want the court to know about would come out, debunking her request. Petitioner agreed to dismiss her improper request.

Criminal defense

Felony Leaving the Scene of an Accident

Apr 22, 2016

OUTCOME: Dismissed

Client was charged with Leaving the Scene of an Accident, a class 5 felony. Client originally had a different attorney who was more interested in collecting his money than with fighting the charges, t ... rying to get him to accept a plea. After I was hired, we pushed the case to trial, ultimately forcing the El Paso county DA to dismiss the case for lack of evidence to proceed.

Employment and labor

Wrongful Discharge- Premises Liability- Retaliation

Apr 22, 2016

OUTCOME: Jury Verdict for Wrongful Discharge

Client, who was an on-site employee of a private company, was fired after she complained about the living conditions of the residence that was provided to her, believing she became ill from living on-s ... ite, a premises liability claim. At trial, we argued that the employer was unlawfully trying to get her to waive liability for subjecting her to the poor conditions leading to her illness. After she refused to waive liability against them, the employer retaliated against her by firing her and displacing her from her home. The Colorado Springs jury found that she was wrongfully discharged in violation of public policy.

Landlord or tenant

Wrongful Security Deposit Withholding

Mar 29, 2016

OUTCOME: Directed Verdict granted

Clients were sued by their crazy tenants for allegedly withholding their security deposit unlawfully. Clients maintained that they were justified in withholding the security deposit based on the damag ... es that the tenants had caused to their property. Tenants insisted on improperly trying to profit off of my clients, making several false claims against them. After the tenant plaintiffs presented their case to the Colorado Springs county court judge, I effectively cross examined their evidence to demonstrate how bogus their claims were. Trial Judge agreed and granted our motion for directed verdict, without my clients even having to testify or produce any evidence.

Criminal defense

Prohibited Use of a Weapon- Child Abuse- Reckless Endangerment

Mar 01, 2016

OUTCOME: Split Verdict

Client was originally charged with prohibited use of a weapon for allegedly carrying a firearm on his person while intoxicated. The El Paso county DA trumped up the charges to Child Abuse and Reckless ... Endangerment, trying to stick charges on him for the actions of his friend, who was charged with DUI. Cops claimed they put their children at risk by having them in the vehicle while the driver was drunk, and with firearms present. Prosecutors insisted my client had to forfeit several thousand dollars worth of property, which became the major point of contention in the case, as he always accepted responsibility. After the DA mistried the first trial, the second jury acquitted my client of the prohibited use of a weapon and reckless endangerment charges. They convicted of the least serious misdemeanor 3 child abuse charge based on negligence. Trial Judge originally wanted client to forfeit all his guns, siding with the DA, but after arguing a successful sentence reconsideration, client got a bunch of his property back.

Roger John Lucas's Legal Cases (55)

Mechanics Lien- Spurious Lien- Slander of Title

Auto Accident- Underinsured Motorists

Obstruction- Resisting Arrest- Felony D/S Revo

Money Dispute- Civil Damages Dispute

FED- Tenant- Forcible Entry and Detainer

PPO Hearing- Civil PPO Request

Felony Leaving the Scene of an Accident

Wrongful Discharge- Premises Liability- Retaliation

Wrongful Security Deposit Withholding

Prohibited Use of a Weapon- Child Abuse- Reckless Endangerment