Beth Padilla recently became the Secretary/Treasurer of the Four Corners section of the Colorado Bar Association. The Four Corners Bar Association is located in Cortez, Colorado and will allow Ms. Padilla to be more involved with local attorneys. Keenan Lovett will serve as the President with Jon Riedel serving as the Vice President.
Mediation is an opportunity for parties to a law suit to reach agreements. Mediation is often used in dissolution of marriage (divorce) cases. Mediation allows the parties to reach resolutions in their case without litigating the entire matter before a judge.
Often times, parties think that they either have to obtain an attorney or go through mediation. That is not the case. In a divorce, it is very common for a husband and wife to each obtain their own attorney and then eventually resolve their case via mediation.
Paul and Beth Padilla are professionally trained mediators. They will sit down with the parties and help them reach agreements. Paul and Beth will draft the mediation statement during the mediation so that the parties leave with an agreement they can present to the Court.
Paul and Beth offer mediation services at a discounted rate and are accepting new mediation clients now. Paul and Beth can mediate in Durango, Colorado or Montezuma County, Colorado. Padilla Law's main office is now located in Mancos, Colorado.
Keywords: Cortez mediation, Cortez mediation, Mancos mediation, alternate dispute resolution, Durango mediator
If you are facing criminal charges, you likely will be working with a criminal defense attorney. Sometimes, a client will choose to plead guilty in exchange for a plea offer.
Often, a defense attorney will reach out to the prosecutor to see if there is an offer in the case. The prosecutor has very little information about the client as a person or his life experience.
It is very helpful for a client to provide mitigating information to his or her attorney. For example, if a client is charged with a drug offense, it is very helpful to present evidence of drug treatment and rehabilitation to the prosecutor.
If you are working with a defense attorney in an effort to secure a favorable plea offer from the prosecutor, consider providing information about your mental health status, employment history, information about your children or other relatives for whom you are responsible.
It is important to understand the possible penalties if you find yourself charged with a crime in Colorado.
In general, there are three levels of misdemeanors in Colorado. There are first, second, and third degree misdemeanors. There are different punishment ranges for drug misdemeanors and certain extraordinary risk crimes. A heightened punishment may be imposed if a person has committed certain misdemeanors in the past (for example, a second conviction for violation of protection order can carry a longer sentence than the first conviction).
The most serious misdemeanor, a first degree misdemeanor, carries a potential penalty of 6-18 months in jail. A second degree misdemeanor could result in 3-12 months in jail. Whereas a third degree misdemeanor could mean up to 6 months in jail. A person may also face fines and court costs if convicted of a misdemeanor.
It is important to speak with a criminal defense attorney before pleading guilty to any criminal charge, even if it is a misdemeanor.
Padilla Law's main office is in Montezuma County, Colorado and we are accepting new criminal defense cases.
Cortez, Mancos, Dolores, criminal defense.
Attorney Beth Padilla litigated a case at the Colorado Court of Appeals addressing numerous child welfare issues, including the Indian Child Welfare Act (ICWA).
In the published opinion, the Court of Appeals determined that 1) a foster parent that no longer has the foster children in their care loses standing at the trial court; and 2) a trial court's denial of a tribe's request to transfer jurisdiction to tribal court is a final order based on the collateral order doctrine.
In Colorado, a foster parent may seek to intervene in a child welfare case after having the child in their care for three months. In this case, the children were then moved to a new foster home. The Court of Appeals determined that the original foster family could no longer participate in the proceeding once the children were no longer in their care.
In addition, the Court of Appeals determined that a trial court's denial of a tribe's motion to transfer the case to tribal court was a final order for appellate review. The Court of Appeals applied the collateral order doctrine and explained that "The collateral order doctrine permits — in limited circumstances — appellate review of an interlocutory order despite its non-final nature."
The full decision can be found here: law.justia.com/cases/colorado/court-of-appeals/2019/18ca1478.html
Padilla Law, P.C. is excited to announce their new office location in Durango. Effective May 16, 2019, Padilla Law will be located at 1099 Main Avenue, Suite 321, Durango, Colorado 81301. The firm's mailing address will remain P.O. Box 2835, Durango, Colorado 81302.
Please call the firm for an appointment.
Paul Padilla was co-counsel in a case decided by the United States District Court of New Mexico in 2014. The case involved subterranean trespass and forced pooling in an oil and gas matter. It established subterranean trespass as a case of first impression. Paul successfully litigated the case. The case is published on Westlaw 2014 WL 11512599.
Beth Padilla recently served as Office of the Child's Representative firm faculty for a training at the National Institute for Trial Advocacy (NITA) in Boulder, Colorado.
Padilla Law has exciting updates!
Often times grandparents serve a critical role in their grandchildren’s lives. Unfortunately, when parents go through a divorce, a grandparent’s ability to continue his or her relationship with the grandchildren can suffer. In Colorado, a grandparent may file a motion to intervene and request grandparent visitation in certain types of cases. Specifically, C.R.S. 19-1-117 allows a grandparent or a great-grandparent to ask the Court for reasonable visitation rights if there has been a child custody case (which can include a divorce or custody case between unmarried parents).
If the grandparent decides to seek a Court order for visitation, he will likely need to file a motion to intervene first. If the motion to intervene is granted, the grandparent becomes a party to the child custody proceeding. Then, the grandparent must file specific documents to request Court ordered visitation.
Many grandparents do not want to be a party to his or her child’s divorce case. Sometimes grandparents choose to hire an attorney and try to negotiate grandparent visitation with the parents. If that is successful, the parents can file a notice with the Court indicating they agree to the grandparent visitation.
Child custody proceedings and divorces are hard for the entire family. Ensuring grandparents continue to have contact with their grandchildren can be very important to families.
-- Beth Padilla
Are you caring for a child pursuant to a guardianship? Are you a grandparent who has custody of his grandchildren? Sometimes, families decide that adoption is the best option for children and seek to terminate the parent's parental rights.
In Colorado, an individual may file a motion to terminate a parent’s parental rights under limited circumstances, pursuant to C.R.S. 19-5-203(1)(j). First, it is important to understand that it is against public policy for a parent’s parental rights to be terminated unless some other adult is going to adopt the child. For example, if a mother files a motion to terminate the parental rights of the father, but there is no other adult willing to take the father’s parental rights, the Court is likely to deny the motion.
A parent’s parental rights may be terminated if the parent has failed without good cause to provide financial support to the child or has abandoned the child for a year or more. Filing a petition to terminate a parent’s rights on this basis is not a guarantee that the Court will grant the motion and a hearing is required. The person seeking the termination must serve the parent with all of the paperwork and the parent will have an opportunity to tell the Court why his or her rights should not be terminated.
If a person is successful in terminating a parent’s parental rights, the person may then seek to adopt the child. Private terminations and adoptions are a complicated part of the law and seeking legal representation can be helpful.
Padilla Law, P.C.
First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.