Colorado Springs Criminal & Divorce Lawyer Blog

THE LAW FIRM OF SHAYNE & GASPER, LLC
GORDON N. SHAYNE
ATTORNEY AT LAW

The law in the State of Colorado permits either a Husband or a Wife to file a Dissolution of Marriage action. Those cases are commonly called “divorces.” The parties to a divorce will not be required to prove or allege the reasons why they want a divorce, because Colorado is a “No Fault Divorce” state.

When a divorce action is filed a petition is prepared and filed with the Clerk of the Court in the County where the parties reside. The petition must allege certain facts or elements. The Petition for Dissolution of Marriage must state that: “The marriage is irretrievably broken.” The meaning of those terms are that, one or both of the parties do not want to stay married based on differences that can not be reversed, and therefore the parties have differences that can not be healed, repaired or fixed. It only takes one spouse to say that the marriage is irretrievably broken, even if the other party disagrees and wants to stay married. This is the “No Fault” provision of the law.

It is important to keep in mind that even if your spouse has done something underhanded or behaved in a deceitful manner, most likely, that evidence will be deemed, “irrelevant” and will not be allowed by the judge. Here are some common examples of “fault” that usually will not be allowed:

1. Drug or alcohol addiction;
2. Extra marital affair, infidelity, or marital misconduct of any kind;
3. Criminal activities, arrests or convictions, such as Domestic Violence;
4. The entry of a Permanent Protection Order or Restraining Order by a judge;
5. Abandonment of the family or failure to provide support;

Continue reading "COLORADO’S NO FAULT DIVORCE LAW" »

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By Bridgette D. Kaczmarek, Attorney at Law
The Law Firm of Shayne & Gasper, LLC.

In my seven (7) years of practice, although now specializing in Criminal Defense, I have worked in varied fields of law with a multitude of clients. While my past clients may have varied, one thing remained constant, my attitude to that client's case and my approach to opposing counsel. You see, I have one motto in my approach with opposing counsel, whether that be a district attorney or a private attorney, and that motto is, "you catch more bees with honey than you do with vinegar." This motto has served me well, both in private practice and in the government sector and has helped me secure the best deal for my client.

In Colorado Springs, this motto became patently apparent, recently, as I practiced as a district attorney for the El Paso County District Attorney's Office. An example would include when a pro se defendant would approach me regarding a plea bargain in his criminal case. Oftentimes, this pro se defendant, naturally upset about the position he would find himself, which included staring down the barrel of straight jail time for a DUI, Domestic Violence, or some other criminal issue, would let that frustration boil over. When that frustration came to a head, the defendant would take it all out on me. Once that happened, you could guess how I reacted to that frustration. Did I take pity on the defendant? Did I give him the best plea offer I could? No way Jose. I would give that defendant the worst plea bargain I could legally get away with. Why? Because attitude means everything!

The same was true in private practice. If the opposing counsel yelled, cursed and made me feel insignificant or foolish, I would rarely give him what he wanted. The same was true on the other side. If I ever became rude or angry to the opposing counsel I would rarely get what I was seeking. That is why I started, many years ago, with an attitude where I am polite, agreeable and congenial with my opposing counsel, whomever they may be.

Continue reading "A Criminal Defense "Honey" of a Deal" »

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I don’t really like watching legal shows on television. I don’t enjoy legal shows for the same reason many medical practitioners dislike “House”: they get everything wrong. Wrong legal decisions, wrong procedure, wrong ethics. Take last night’s episode of “Raising the Bar,” the new legal drama on TNT, for example. Every other minute one of the attorneys was committing a new ethical violation, without apparent consequence. Prosecute someone you don’t actually think is guilty? No problem. Trade away one client’s constitutional rights to benefit another client? Why not? Play a judicial role in your lover’s criminal matter? Yeah, okay, even the characters thought that one was taking it all a bit too far. While all that drama might make good material for a drinking game – spot the violation, take a shot – it creates frustrations for the practicing attorney.

Like it or not, people come into the real judicial system with expectations created by popular entertainment. Usually those expectations are way off base. As a deputy district attorney in the past and as a criminal defense attorney more recently, I’ve had to sit across the table from a victim, a witness, or someone accused of a crime and dispel those false expectations. And it ain’t easy to convince someone they don’t know what they “know.” You know?

For example, how many times has someone said to me, “The police officer didn’t read me my rights. Can I get my case dismissed?” Can you get your case dismissed? Well, maybe, but probably not, lots of emphasis on “probably not." It seems like every arrest on TV involves the officer reciting the suspect’s Miranda rights as he slaps the handcuffs on. Real life usually goes a little differently. According to the Supreme Court, the police do not have to read you your rights unless you are in custody and they intend to interrogate you. That means if you talked to the police out of custody – say, standing on the side of the road or at a friend’s house, for example – they don’t have to tell you that you have the right to remain silent. (Incidentally, if you don’t know by now that you have the right to remain silent, I suspect either you’re a recent immigrant or else there’s no hope for you). Also, if the police arrest you and don’t care to hear your side of the story, they don’t have to read you your Miranda rights as they haul you off to jail.

Continue reading "Colorado Springs Criminal Defense Game - Spot The Violation, Take A Shot" »

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Unlike the vast majority of states, the State of Colorado will allow parties to consider themselves "married" even though they have not obtained a marriage license or participated in a civil or religious ceremony formally consecrating their marital relationship.

A broad definition of the use of "Common Law" can be found on the Wikipedia site. Howver, the law in Colorado carefully defines a "common law" marriage as one where the "parties mutual consent or agree to be husband and wife, followed by a mutual and open assumption of a marital relationship."

The Colorado courts first recognized the existence of a common law marriage in a court decision in 1907. Therefore, the parties agreement that they are married, cohabitate as husband and wife, and engage in other conduct and circumstances that indicate that they have entered into a marital relationship, may be strong enough to convince a judge that the relationship should be treated by the law, the same as a ceremonial marriage. This is significant in light of the thousands of divorce and legal separation cases that are filed each year in the State of Colorado.

Continue reading "What Is A Common Law Marriage?" »

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Posted In: Family Law and Domestic Relations

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"Divorce attorneys are expensive ... I bet I could save LOTS of money if I did my own divorce ... after all, my wife and I are on friendly terms. Of course, I would have a paralegal check out the paperwork, but at a fraction of the cost."

Just writing this brings up bad memories. That was me 15 years ago ... a pretty smart guy, Project Manager for a manufacturing company, college degreed and pretty competent with documents, etc. I saved at least $3000.00 by not hiring a lawyer! So far, so good.

Three years after the divorce, two of my children graduated from high school. They had stayed with me so they could get through school. Their mother moved out of state when we were divorced. It was OK, I didn't need her to pay child support for those kids that stayed with me! The day I recieved the notice that my wages were being garnished for $16,000.00 of back child support ... well ... that got my attention. I'll never forget the three little words my ex-wife said to me when I called her to ask why I was being charged child support for the children that had resided with me the past three years. Those three words ... "READ THE PAPERS"!

You guessed it ... somehow, some way, the Final Decree showed she had the children! Of course, I wasn't worried, all I would have to do is call the court and let them know of the mistake. Funny, they said the same three words ... "Read The Paper"!

Continue reading "Pro Se Divorce: Why Bother With An Attorney?" »

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By Robert R. Gray
Sr. Paralegal and Office Administrator
The Law Firm of Shayne & Gasper, LLC.

Take a look at any phone book ... there are hundreds of attorneys from which to choose! There are also a number of attorney locator sites on the web such as Attorney Find or Attorney Locate. Once you find a list of criminal defense attorneys in your area, the question becomes "How do I choose a quality defense attorney?"

There are several criteria that one might consider and these are in no particular order:

1. Experience - Some of the more obivous questions to ask are; "How long has the attorney been in practice?" "How long has the attorney been in the particular jurisdiction?" "What kinds of cases has the attorney handled?" Questions like these will give you a basic idea about the attorney and about the firm. However, a question that one might not think of asking is "How often is the attorney in court?" If the answer is less than 20 to 30 times a week, this may speak to the attorney's ultimate experience and his or her ability to understand the people and the procedures involved in the system. Frankly, this one question will speak volumes about the attorney's savoy in the courtroom and around the courthouse.

2. Price - This is always one of the defining issues, yet it may be the one thing that is of the least important. What should really be considered is the "cost" and not the "price". The difference is significant insomuch as not having an attorney may "cost" much more than paying the "price" to have quality representation. Additionally, many firms, like ours, offer payment plans that can ease the burden on defendants and their families.

3. Win-Loss Record - "What is the attorney's winning percentage?" In Criminal Defense this question is one that needs more of an answer then just numbers. On all the TV law shows, the defendant is either guilty or innocent ... and by the way, it all happens within an hour after his or her arrest! The real criminal defense system is much more lethargic, could take several months or even years to finish a case and a "win" could very well be "plea to a lessor charge" or "plea to a deferred sentence". So instead of asking the attorney about his "win-loss" record, it might be better to ask if his or her clients are generally happy with the results and if he or she gets lots of referrals!

4. Consult Fees - Some attorneys charge a "consult fee" for you to see them initially. Personally, this seems a little odd. I don't know what I'd do if I went to a car lot and the salesman approached me and said, "see that car with the tarp over it ... if you give me $150.00 I'll remove the tarp and tell you about it" ... well ... I'm afraid I want to "kick the tires" before I buy. If an attorney charges a consult fee, it may be that they are very good and just don't have time to see potential clients that aren't "serious" about hiring them. On the other hand, it may be that they need to pay their office rent!

Continue reading "Criminal Defense - An Attorney Checklist" »

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By Gordon N. Shayne, Senior Partner
The Law Firm of Shayne & Gasper, LLC.

Colorado Springs is home to some of the Nations proudest and top military facilities. Perhaps the most publicized facility in recent times is the "Mountain Post" at Fort Carson. This base has been serving our country since 1942 and has become one of the premier training facilities for the United States Army. Many of our troops are serving their 2nd and 3rd tours of duty in Iraq from their base here in Colorado Springs. The Law Firm of Shayne & Gasper is proud of the men and women who serve our country, and especially those stationed here at Fort Carson and Peterson Air Force Base.

Here in Colorado Springs, the unfortunate reality and "collateral damage" of serving our country bring on stresses and strains result in a high number of Domestic Relations issues, i.e., divorce and separation. In many Divorce or Legal Separation cases, one or both of the parties are employed and on either active duty or reserve duty, in the United States Army, Air Force, Marines, or Navy. Many more involve cases where one or both of the parties are retired military service members. When a military service member wishes to obtain a divorce or legal separation, there is nothing that can be filed with the military courts. Instead, when they file they must do so pursuant to Colorado law, in the filing of a petition in the District Court. Very simply, military members and ex-military members are governed by the same civil proceedings as civilians.

In my practice of law and with over 28 years experience in the area of Domestic Relations, I can truly say that some of the saddest cases I've dealt with have to do with military personnel returning from a lengthy tour only to find that their family has been destroyed by the strains of the soldier being away. There are times when a soldier returns and the experiences he or she has had in Iraq or Afghanistan or other foreign war regions are so impacting to his or her mental state that the family simply cannot deal with the returning spouse. Certainly we need to focus on the needs of those families that are faced with Post Traumatic Distress Disorders (PTSD) that present a real issue for our returning troops.

Nonetheless, we try to be sensitive to the issues that seem to cause a higher number of military divorces and in handling those cases, we strive to understand the extraordinary service that our military personnel provide our nation; both the soldiers and their families.

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Public awareness of the term “sex offense” has increased dramatically over recent years. Statistics show that there were almost half a million registered sex offenders in the United State in 2003 and that number has no doubt grown immensely since 2003. With studies showing that less then 30% of sex crimes being reported to law enforcement, the numbers could be staggering. The Colorado Bureau of Investigation and the Colorado Department of Public Safety has dedicated a website for information on how Colorado is handling the ever-increasing numbers of sex offenses in the State.

In law enforcement’s attempts to make the public safe from violent sex offenders their sweep often times captures those defendants who may not be a threat to society, but nonetheless fall under the umbrella of sex offenders. This poses particular problems with how the system deals with the various levels of sex offense. This article will provide some resources and information about Colorado’s Sex Offender Management Board (SOMB)

The Office of Domestic Violence and Sex Offender Management (ODVSOM) is part of the Division of Criminal Justice, under the command of the Colorado Department of Public Safety.

Legislation was passed in 1992 by the Colorado General Assembly that created the Sex Offender Management Board (SOMB) with the task of developing standards and guidelines for the treatment, evaluation, and monitoring of sex offenders. For further information on the purpose and goals of the board one can visit their site at http://dcj.state.co.us/odvsom/Sex_Offender/

Although the primary goal of the standards was to improve community safety and protect citizens, there is a push within the community to increase levels of treatment for sex offenders. The Association for the Treatment of Sexual Abusers is such an organization that strives to not only develop management methods that will protect the community, but also to provide methods for ethical treatment of sex offenders. At their 27th Annual Treatment and Research Conference, to be held in Atlanta, Georgia on October 22-25 of this year, the ATSA will discuss improving our response to the issue of sexual abuse and the treatment of sex offenders.

The combined efforts of the Sex Offender Management Board members are focused toward developing a basis for systematic management and treatment of adult and juvenile sex offenders. The Standards and Guidelines for the Assessment, Evaluation, Treatment, and Behavioral Monitoring of Adult Sex Offenders were created in 1996. The primary goal of these standards is to improve community safety and protect citizens. The standards were revised in 1998 and 1999. The standards are based on the best practices known today for managing and treating sex offenders.

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By Caryn J. Adams, Attorney at Law
The Law Firm of Shayne & Gasper, LLC.

When I was in junior high school, my dad bought me a book of absurd laws that I absolutely loved and read cover to cover multiple times. I still love absurd laws. For example, did you know that detonating a nuclear device anywhere in the city of Chino, California is punishable by a $500 fine? Or that it is illegal to drive around the town square in Oxford, Mississippi, more than 100 times on a single occasion?

There are plenty of great websites for absurd laws. “Dumb Laws,” http://www.dumblaws.com/ , is a voluminous repository of the inane. The Young Turks have compiled a list of the 10 most absurd laws from around the world (http://www.youtube.com/watch?v=LJda5OJep_8). My favorite find is the story of Luke Bateman and Richard Smith, two British college students who in 2005 decided to spend their summer road-tripping across the United States and breaking as many absurd laws along the way as they could. http://blog.seattlepi.nwsource.com/buzz/archives/004397.html. No word on whether or not they actually did hire a boat and attempt to go whale hunting in Utah, but I wouldn’t expect them to confess to a felony anyway.

Of course, absurd laws aren’t so funny when they’re used to unfairly prosecute a client. In Colorado, incest is a class four felony punishable at the maximum by an indeterminate life sentence in prison. If the “child” involved is under the age of twenty-one, then the incest is considered “aggravated,” making it a class three felony. Now, I know that doesn’t sound so bad, and some of you are thinking, “Sure, any parent who commits incest should be locked up for a long time.” The problem is that “incest” includes natural children, adopted children, and step-children.

Continue reading "Incest: Sex Offense or Dumb Law?" »

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