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Kent Joseph Leier
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Kent Leier’s Answers

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  • I was arrested after my husband assaulted me&threatened my life then took the phone while I had 911 on the line. Why wasn't he ?

    I have been baited into 2DV charges+2 other charges. Both times I was the real victim&have proof. the 2nd time, I called 911 while he was attacking me. There is a protection order in place so I understand I was is violation of it and therefor arre...

    Kent’s Answer

    Your case could be very defensible. I would recommend contacting an attorney immediately. In Delta Colorado, I would recommend contacting Brandon Luna with the Luna Law Office.

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  • My boyfriend was charged and arrested with domestic violence they took pictures of scratch. I want the charges to go away??

    He was charged with third degree assault and child abuse because my daughter was in the house. This was an event that was completely blown out of proportion and I want the charges to go away. Someone told me that if I just don't show up and hide o...

    Kent’s Answer

    You aren't going to have much luck hiding out. The District Attorney's Office and other members of law enforcement will likely find you and serve you with a subpoena to testify at the trial. If you do not show up on your subpoena a warrant will issue for your arrest. Your boyfriend needs to consider hiring defense counsel to fight these charges.

    The Leier Law Office, LLC
    Kent J. Leier

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  • Can I be put in jail for having hot U.As when iam on pretrial

    I was arrested for driving under the influence of alcohol or drugs or both. Am on pretrial an all my UAs were hot my levels went down an went back up. I haven't been smoking. But if I continue to have hot UAs can I be put in jail.haven't been conv...

    Kent’s Answer

    • Selected as best answer

    You absolutely can. Your Pretrial Services Case Manager will send a report to the District Attorney notifying them of your hot UA's and the District Attorney will file a Motion to Revoke Bond. If this happens you will be arrested and a new bond will be set in your case. If your bond is revoked in Weld County and a new bond is set it is usually twice the amount of the original bond.

    Kent J. Leier
    The Leier Law Office, LLC

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  • 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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