COVID-19 has presented many challenges to our entire society, and the Court room is no exception. It can be very daunting to have a Court appearance during COVID and it is important to understand how proceedings are being conducted.

First, every Court is handling COVID differently. If you have a Court appearance and you are not represented by an attorney, call the Court clerk to be sure that you understand how to appear in Court.

In southwest Colorado, there is always an option to appear by phone or by WebEx. WebEx is a video conferencing app that allows the Judge to see you and you can see everyone as well. You can download the app for free and the Court clerk will give you the meeting ID number so that you can connect to the hearing.

You can also call into Court using a special phone number for WebEx. Each judge has his or her own meeting ID number. Again, you can get all of this information from the clerk.

When you are appearing in Court, it is extremely important that your phone or computer is muted at all times, unless the judge is directly speaking to you. 

If you have an evidentiary hearing, it will be important to appear via video with WebEx. It can be very helpful to have an attorney during an evidentiary hearing so that the lawyer can introduce exhibits, examine witnesses, and make objections.

Under some circumstances, especially in criminal law, you may wish to be present in person. It is very important that you check with the court to be sure that it is permissible for you to appear in person.

Padilla Law has been representing clients by WebEx throughout the COVID-19 pandemic. We are available to help you with your case and we are accepting new criminal defense cases at this time. 

Paul and Beth Padilla were both selected as Rising Stars by Super Lawyers' magazine for 2020.

This honor is reserved for lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Colorado receive this distinction. 

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
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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!

• Beth Padilla recently received the Jim Covino Advocate of the Year Award from the Colorado Office of the Child's Representative. 
  Jim Covino (1946-2010) was a Colorado attorney who dedicated his legal career to the pursuit of justice for those less fortunate in society, including children involved in the court system. He served as a founding member of the OCR Board and played a pivotal role in shaping the organization and GAL practice into what it is today. A highly skilled trial attorney, Jim brought a level of integrity and intensity to the practice of child welfare law that served as an example to others and tremendously benefited clients. This award recognizes an attorney who demonstrates Jim’s example of exceptional advocacy skills, integrity, and compassion in their representation of children.

• Padilla Law is excited to announce the opening of a second office in Mancos, Colorado. Padilla Law is dedicated to serving the legal needs of La Plata and Montezuma Counties. Be sure to call the office for an appointment because the lawyers are working out of two locations. The Mancos office is located at 114 North Main, Mancos, Colorado 81328.

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• For the third year, attorney Beth Padilla was chosen as a Rising Star by Super Lawyers magazine. She was selected to the  2019 Colorado Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Colorado receive this distinction.