Blog

Police Questioning of Minors and Adolescents

Daniel Noffsinger - Monday, May 02, 2016

I am often asked by friends and family about police questioning minors or adolescents. As more crimes committed by younger people are being exposed by the media and Hollywood, I find that there is a great deal of confusion regarding the role of the police and parents in the investigation and interrogation of criminal activity. While highly entertaining, the Internet, Wikipedia, Facebook and television crime shows do not adequately present the constitutional rights of minors or adolescents. So, a review of the law and its protections is necessary. As with all Internet postings, nothing in this blog should be construed as legal advice. Every situation is unique. Contact an experienced criminal attorney to discuss the specifics of your child or adolescent’s case.  READ MORE...

How Social Media Will Ruin Your Case

Daniel Noffsinger - Monday, February 29, 2016

Social media apps or websites permit users to create and share content (words, images, or videos) with friends and family or the public at large. By total number of users, Facebook is one of the most popular of such websites. Others include Twitter, LinkedIn, Pinterest, YouTube, Foursquare, Instagram, and Reddit. These apps and websites enable their users to share personal pictures or videos, thoughts, and employment history through posts. Commonly used in the college admission process and during employment hiring decisions, social media apps or websites are also being routinely used in litigation of all kinds. Insurance companies, opposing parties, and defense attorneys turn to a social media accounts to limit, discredit, or deny all sorts of testimony or claims.  READ MORE...

Understanding Protective Orders in Domestic Violence Situations

Daniel Noffsinger - Monday, February 29, 2016

One of the most challenging aspects of living with domestic violence is understanding your legal options particularly when you are married to your abuser or share children with your abuser. If you are a victim or survivor of domestic violence it is likely that you have never reported the domestic violence incidents you have experienced to anyone. When you do report domestic violence incidents, one of the tools provided to you by the legal system is a protective order. The harsh reality is that no one can protect you or your children from harm if your partner or ex- partner tries to hurt you. You must have a safety plan to protect yourself and your children. One of the components of your safety plan needs to be a protective order.  READ MORE...

When Substance Abuse Causes Restrictions on Parenting Time

Daniel Noffsinger - Tuesday, October 27, 2015

Drug use affects families with children unlike any other group. If a parent is abusing alcohol or drugs it raises concern over whether that parent can adequately look after and care for a child. The issue is relevant in divorce cases, dependency and neglect matters, and cases involving the allocation of parental responsibilities. Drugs and alcohol have the ability to alter the mental state of the user. Parents are inconsistent with their ability to parent and are often more susceptible to abusing or neglecting their children.  READ MORE...

Defenses to Crimes in Colorado

Daniel Noffsinger - Sunday, August 02, 2015

In order to be convicted of a crime in Colorado the state prosecutor must establish your guilt beyond a reasonable doubt. This phrase means that based upon the evidence presented, there is no other logical conclusion that may be derived other than that the accused person committed the crime. This reasonable doubt bar is set so high in order to overcome the presumption of innocence we all enjoy in this country pursuant to the rights set forth in the Constitution.  READ MORE...

Are Garnished Spousal Maintenace Payments Collected Pursuant to a Judgment Tax Deductible?

Daniel Noffsinger - Sunday, July 26, 2015

When a couple divorces or separates, one partner will often have to pay the other partner alimony or spousal support payments. Under the Internal Revenue Code, these spousal maintenance payments are tax deductible if certain conditions are met. What if one partner obtains a court- ordered judgment to collect upon missed payments? Are payments made pursuant to a judgment still tax deductible? One Colorado ex-husband argued that they were, but the United States Tax Court held differently.  READ MORE...

New York Court Allows Woman To Serve Divorce Papers Through Facebook

Daniel Noffsinger - Sunday, July 12, 2015

Under the United States Constitution and state constitutions, individuals have a fundamental due process right to have notice of legal proceedings filed against them. This is known as service of process. Typically, service of process involves the delivery of a summons and complaint on the individual defendant. This is often done by personally serving someone with legal papers through a third party.  READ MORE...

Colorado Receives Favorable Marks for Efforts In Reducing Drunk Driving Accidents

Daniel Noffsinger - Wednesday, February 18, 2015

Mothers Against Drunk Driving has rated Colorado as one of the best states in the United States for reducing drunk driving fatalities. According to a recent report released by MADD, Colorado has received a five-star rating from MADD based on a system that looks at five different areas of countermeasures that can be taken to prevent drunk driving fatalities. The report is part of MADD’s Campaign To Eliminate Drunk Driving, which began in 2007 and involves MADD working with lawmakers and enforcement officials to create stronger drunk driving laws.  READ MORE...

Adopted Man Finds Family With Help From Colorado’s New Adoption Law.

Daniel Noffsinger - Sunday, February 08, 2015

Last year, a Colorado man was able to locate his family by taking advantage of a change in Colorado’s law governing access to adoption records. Matthew Abdulla is adopted and for the past 26 six years, he had been trying to locate his birth mother. As with many adoptees, Matthew wanted to find out where he came from and why his mom gave him up.  READ MORE...

Colorado Tests Softer Approach To Help Parents Pay Child Support

Daniel Noffsinger - Thursday, January 15, 2015

According to a recent article, about one-third of Colorado parents with monthly child support obligations do not make the required payments. This equates to about 32,000 parents per month who are for one reason or another not making the required child support payments to about 39,000 children. About 8,400 Colorado families who need child support payments are required to go onto welfare rolls, known as Temporary Assistance to Needy Families. This welfare program is typically reserved for the individuals who need it the most, namely single-parent families.  READ MORE...