A Colorado Supreme Court order dealing with the exclusionary rule and driver license DMV
The Department of Revenue, through the Division of Motor Vehicles, revoked a driver’s license, following a hearing officer’s determination that the driver had driven a motor vehicle with a blood alcohol content in excess of the statutory maximum. The district court reversed, holding that the initial stop of the driver’s vehicle was not supported by reasonable suspicion. The court of appeals reversed the district court and held that the legality of the initial contact between the police and the driver was not relevant in the civil administrative proceeding to revoke the driver’s license. The court also held that the exclusionary rule did not apply to suppress evidence of the driver’s BAC. The supreme court holds that, under section 42-2-126, C.R.S. (2011), “probable cause” in the context of the driver’s license revocation statute, as it existed at the time of the hearing in this case, refers to the quantum and quality of evidence necessary for a law enforcement officer to issue a notice of driver’s license revocation, not whether the officer’s initial contact with the driver was lawful. The supreme court further holds that the exclusionary rule did not apply to suppress evidence of the driver’s BAC in the driver’s license revocation proceeding. Accordingly, the supreme court affirms the judgment of the court of appeals.
Administrative Pre-hearing statment
A Colorado State Personnel appeal, where my client was wrongfully terminated. A pre-hearing statement is filed prior to the hearing
Affidavit of Attorney’s Fees & Costs on Motion to Compel
AFFIDAVIT OF ATTORNEY’S FEES AND COSTS on motion to compel
Agreement for Legal Services
A quasi agreement of flat fee and contingent. I use in complex cases to make sure I get some of my fees covered even if there is no judgment
Appellant Brief on Whether an Illegal Stop Can Affect a License Revocation
Whether or not the exclusionary rule applies in driver’s license revocation proceedings, the express consent statute does not allow the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest. In this case we argued that, The court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police contact as a defense in a driver’s license revocation proceeding conducted pursuant to section Colorado Law,
Note statute has changed this since the appeal.
Application to Set Aside Order to Pay Waived Court Fees – Attachment
Application to Set Aside Order to Pay Waived Court Fees – Attachment
Attorney Engagement Letter
This attorney engagement letter provides the identification of the parties, legal services provides, responsibility of attorney and client, compensation, costs, and general provisions.
Attorney Representation Agreement (Engagement Letter)
This is an attorney/client fee agreement form used in the State of Wisconsin by attorneys for each new case/client they are hired by.
Attorney’s Fees And Costs Order Attachment
Attorney’s Fees And Costs Order Attachment
Breach of Contract and Erisa Complaint
COMPLAINT FOR BREACH OF CONTRACT BREACH OF IMPLIED IN-FACT CONTRACT; BREACH OF THE
EMPLOYE RETIREMENT INCOME SECURITY ACT OF 1974; ENFORCEMENT AND CLARIFICATION OF RIGHTS; PREJUDGMENT AND POSTJUDGMENT INTEREST ATTORNEYS’ FEES AND COSTS;
Business Law – Order Granting in Part & Denying in Part Motion for Attorney’s Fees & Costs
Business Law – Order Granting in Part & Denying in Part Motion for Attorney’s Fees & Costs
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Civil Complaint for Damages, Declaratory Relief, Extraordinary Writs, and Preliminary Injunction
Federal Civil Rights Complaint (42 USC 1983), including requests for damages, injunction, extraordinary writs, and declaratory relief out of the US District Court for the Eastern District of Michigan.
Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.
Closing Argument Power Point
Recently used this power point in a case where my client was being charged with Sexual Assault against a Child, Sexual Assault as part of a Pattern of Sexual Abuse and Sexual Assault by A Person of Trust. Client was find not guilty of all charges. The Power Point allowed me to push my theory of the case on the jury and provides a great outline of the closing argument. Not as in depth as my other (Martinez) power point but just as effective in my Closing Arguments.
Colorado Court of Appeal Opinion on Family Law Matters
May 16, 2019 Colorado Court of Appeals decision regarding attorney fees in divorce, family law matter under C.R.S 14-10-119. Court vacated attorney fees granted by district court and sent it down on remand. Court granted fathers appeal in regarding to calculation of income as it relates to his workers compensation lump sum settlement. District court erred when calculating income of workers compensation settlement and divided by twelve months. Case sent back down to District court.
Complaint for Family Medical Leave Act
A complaint filed for violation of the Family Medical Leave Act
Family and Medical Leave Act. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Two primary causes of action under the FMLA include interference and retaliation. FMLA interference occurs when an employer interferes with an employee taking or trying to take FMLA leave. … An employee who suffers from an FMLA violation may recover back pay, front pay, attorneys’ fees, and liquidated damages.
Every employer covered by the FMLA is required to conspicuously post a notice explaining the statute’s provisions and providing information for filing complaints of violations with the DOL’s Wage & Hour Division. Under the final rule: The maximum penalty increases from $169 to $173.
Filing a Complaint with the Secretary of Labor
–A complaint may be filed in person, by mail or by telephone with the Wage and Hour Division, U.S. Department of Labor. …
–The complaint should be filed within a reasonable time of when the employee discovers that his or her FMLA rights have been violated.
Employers cannot fire employees for requesting or taking FMLA leave. Generally speaking, however, an employer can still terminate an employee, even while he or she is on leave or just returned, as long as the rationale for the termination was completely unrelated to the FMLA leave.