During the last legislative session, the Colorado state legislature re-vamped the sentencing structure for misdemeanor offenses in the state.

For any misdemeanor offense that occurs after March 1, 2022, the law indicates the following sentence:

• For a class 1 misdemeanor, the maximum penalty is 364 days in jail, a fine not to exceed $1,000, or both;
• For a class 2 misdemeanor, the maximum penalty is 120 days in jail, a fine not to exceed $750, or both. 

This represents a major change to sentencing in misdemeanor cases. For offenses that occurred before March 1, 2022, there is a mandatory minimum sentence for misdemeanors. The state legislature has eliminated the mandatory minimum sentence in misdemeanor cases.

This is a benefit to both defendants and the criminal justice system. It allows the defense attorney to negotiate with the district attorney to reach a just outcome and permits the judge to have more discretion in sentencing misdemeanor violations. 

You can read the full sentencing statute by looking up Colorado Revised Statute 18-1.3-501.

Padilla Law is accepting misdemeanor cases in Cortez, Durango, and Pagosa Springs, Colorado. 

Here is the latest information from the American Immigration Lawyer's Association regarding the newest vaccine requirements:

"Individuals submitting Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021, must provide proof of vaccination against COVID-19. Most applicants filing for adjustment of status to become a lawful permanent resident with U.S. Citizenship and Immigration Services (USCIS) or an immigrant visa application with Department of State (DOS) must submit Form I-693 completed by a designated civil surgeon. Certain other applicants may also be required to submit Form I-693.

If the Form I-693 is completed before October 1, 2021, and remains valid, the applicant will not be required to have the vaccine. 

The COVID-19 vaccine requirements, particularly for air passengers, will be changing as the new policy is implemented.

The civil surgeon must physically inspect and confirm the documents proving the applicant received the COVID-19 vaccine. Review of vaccination documentation will require: Self-reported vaccine doses will not signify proper proof. Additionally, the Form I-693 must be completed by the civil surgeon and must document the doses and the formulation of the vaccine. Blanket exceptions to the vaccine requirements include: Applicants who are too young to receive the vaccine, Individuals who have a medical contraindication to the vaccine, or Foreign nationals who live in an area where approved vaccines are 'not routinely available.'"

Effective June 1, 2021, Beth Padilla became the President of the Four Corners Bar Association in Cortez, Colorado. Beth is starting her year as President by organizing a free ethics CLE featuring the Honorable Judge Walker and Judge Lawrence. The event will occur on June 18, 2021 and has been approved for one ethics credit by the Colorado Supreme Court.

Beth is also the sole representative for the Four Corners Bar Association at the Colorado Bar Association Board of Governors. 
​https://www.cobar.org/About-the-CBA/Governance/BOG-Representatives

Padilla Law, P.C. is proud to announce that both Equity Partners of the firm, Beth Padilla and Paul Padilla, have been selected as Super Lawyer Rising Stars for 2021. 

Super Lawyers conducts a national attorney selection process, which includes peer nomination, a 12-point evaluation of professional achievement and peer recognition, and a practice-area panel evaluation.  Only the top 2.5% of all evaluated attorneys are selected as Rising Stars.

Beth Padilla has been selected as a Super Lawyers Rising Star in 2014, 2015, 2019, 2020, and 2021.

Paul Padilla has been selected as a Super Lawyers Rising Star in 2020 and 2021.

On February, 24, 2021, President Biden issued "A Proclamation on Revoking Proclamation 10014," which rescinds President Trump's ban on processing immigrant visas. 

Family members of U.S. citizens have experienced extensive delays as a result of President Trump's prior proclamation that halted processing of all immigrant visas. With President Biden's new announcement, U.S. consulates will begin processing immigrant visas that are already pending. 

There will be an extensive back-log and unfortunately, family members of U.S. citizens and lawful permanent residents will likely still experience substantial delay. 

Check out the American Immigration Lawyer's Association press release for additional information: www.aila.org/advo-media/press-releases/2021/partial-end-of-immigration-ban
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If you have need an experienced immigration attorney, call Padilla Law for a consultation. 

Beth Padilla is now accepting new immigration cases in Santa Fe, New Mexico.  Santa Fe clients can meet with Beth by phone, video conference, or in-person in Santa Fe.

Beth has been an immigration attorney for ten years and has been named as a Rising Star by Super Lawyers magazine.
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Beth is accepting family-based cases in addition to VAWA, U visas, and T visas. Call Padilla Law at 970-764-4547 to schedule an appointment.

In January, 2021, President Biden announced new immigration enforcement priorities for the U.S. Department of Homeland Security. Effective immediately, the Department of Homeland Security should prioritize the following immigration violations:

1. National security. Individuals who have engaged in or are suspected of terrorism or espionage, or whose apprehension, arrest and/or custody is otherwise necessary to protect the national security of the United States.

2. Border security. Individuals apprehended at the border or ports of entry while
attempting to unlawfully enter the United States on or after November 1, 2020, or
who were not physically present in the United States before November 1, 2020.

3. Public safety. Individuals incarcerated within federal, state, and local prisons and jails released on or after the issuance of this memorandum who have been convicted of an “aggravated felony,” as that term is defined in section 101(a) (43) of the Immigration and Nationality Act at the time of conviction, and are determined to pose a threat to public safety.

Although individuals who do not fall into the enforcement priorities can still be apprehended by the Department of Homeland Security, this additional guidance from President Biden should direct federal resources to the most important immigration violations. 

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.