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Colorado

Discussion in 'USA: West' started by Cuztomrollaz98, Feb 6, 2005.

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    Cuztomrollaz98 MAD VLAD!

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    you should be fine dude, now we might both own XRS's man hehe
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    e_andree E

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    Have you not read the past replies or what?

    First off, ya never answered my question.....is the 4 days from now the ORIGINAL due date, or the 30 day late mark?

    If its the ORIGINAL due date, you still have 34 days to get that payment in before 1. it effects your credit, and 2. before they even start to Threaten ya with taking your car back.....

    If its 4 days from the 30 day late mark, then youre in trouble.
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    7MGTTEConcept MK3 #2? maybe..

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    no..not 4 days from 30 day late mark...4 days till payment due date...still..I hate making late payments...
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    e_andree E

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    But it happens to everyone, and just being late will NOT go on any of your credit scores. Its the 30 day mark that its reported....and most can get away with one 30 day late on their credit score.

    And if your finance company is one that will raise your APR for late payments (many that do will only raise after it happens a couple of times), call them and tell them that the payment will be late. Theyll make a note of it. Getting that on record is a lot better than not contacting them.
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    7MGTTEConcept MK3 #2? maybe..

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    yea...I'll just give em a call and tell them the payments' gonna be late....
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    Cuztomrollaz98 MAD VLAD!

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    and then I'll have the right to shoot you
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    e_andree E

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    No you dont
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    Cuztomrollaz98 MAD VLAD!

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    oh yes I do, if I dont know you and you step into my property I have the right to shoot you based on the law of Colorado, ask the CO residents man it's true
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    e_andree E

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    Please dont argue law with me....look up "Make My Day" Law, otherwise known as the Colorado's Homeowner Protection Act of 1985.

    4 requirements need to be met......Im ready to argue this if ya want to.
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    Cuztomrollaz98 MAD VLAD!

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    I'm not arguing I'm just saying from what I've heard from a lot of people.... so I dk might be true might not be I dk, I hate law anyways I'd still shot the motherfucka lol (kidding on the shooting part of course) eh I'd just call my neighbor up he's a cop
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    e_andree E

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    Then dont state it as if you know that its a fact......true, Colorados law is VERY controversial, and one of the most liberal home self defense laws in the country (which is currently under fire in legislation), but there are still four requirements that need to be met.

    And this law does not apply to my "windows down on your car" analogy.....

    Plus youre probably not old enough to own a gun, so the law wouldnt apply to ya anyways....:)
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    Cuztomrollaz98 MAD VLAD!

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    lol eh I guess, not too big in law really, it's boring lol
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    vortex Well-Known Member

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    hehe on/off topic --- i have a flawless plan in place for the MMDL hehe --- i dare someone to come into my house... read up on that stuff and got my plan in place. not a violent person by nature, however if i wake up and someones in my house - im not asking questions, im ownin some ass.
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    Cuztomrollaz98 MAD VLAD!

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    thank you....
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    7MGTTEConcept MK3 #2? maybe..

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    three requirements that I know of...they must have at least one foot inside your house unwelcomed, must have a weapon and must show signs of threatening your life. then u have the right to ultimately own that fool...


    of course...the cops don't need to know those....lol...
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    Cuztomrollaz98 MAD VLAD!

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    well seriously what else is an unknown person gonna step into ur house for.... say hi how u doin can I BBQ with ya? hell no dude they're there to do some damage so fook that I'll roast that mofo
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    Cuztomrollaz98 MAD VLAD!

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    7MGTTEConcept MK3 #2? maybe..

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    luxury motors = crap....went to them to go check out an eclipse, and the damned thing blew it's headgasket on the way to them...plus they aren't even a dealership...they run out of what looks like an apartment building...
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    Cuztomrollaz98 MAD VLAD!

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    ahh damn it so much for that option lol
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    DeebsTundra Big Tires :)

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    MMDL is such a screwed up law in the first place...they wrote it pretty poorly in the beginning...and it reminds me of the simpsons.
    Wiggum: If a man comes into your house you have every right to kill him.
    Homer: Really? Oh Flanders? Won't you join me in my kitchen?
    Wiggum: Uh, it doesn't work if you invite them.
    Flanders: Hi-diddly-ho?
    Homer: Go home Flanders!
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    vortex Well-Known Member

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    LOL yep --- here's the laws on that (seein as its Colorado section)

    18-1-704.5. Use of deadly physical force against an intruder.
    Statute text
    (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

    (2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

    (3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

    (4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

    ANNOTATIONS

    Law reviews. For article, "Self-Defense in Colorado", see 24 Colo. Law. 2717 (1995).

    Prerequisite for immunity under this section is an unlawful entry into the dwelling, meaning a knowing, criminal entry. People v. McNeese, 892 P.2d 304 (Colo. 1995).

    To be immune from prosecution under this section a defendant must establish by a preponderance of the evidence that he or she had a reasonable belief that the intruder was committing or intended to commit a crime against a person or property in addition to the uninvited entry. This inquiry focuses on the reasonable belief of the occupant, not on the actual conduct of the intruder. People v. McNeese, 892 P.2d 304 (Colo. 1995).

    Sufficient evidence existed to support trial court's denial of defendant's pre-trial motion to dismiss on the basis defendant had not met his burden as established by the supreme court. People v. Janes, 962 P.2d 315 (Colo. App. 1998).

    Trial court is authorized to dismiss criminal prosecution at pretrial stage when conditions of statute are satisfied, and this does not infringe upon prosecution's discretion to file charges. People v. Guenther, 740 P.2d 971 (Colo. 1987); Young v. District Court, 740 P.2d 982 (Colo. 1987).

    Defendant bears burden of establishing right to immunity by preponderance of evidence when issue of immunity is raised at pre-trial stage. People v. Guenther, 740 P.2d 971 (Colo. 1987); People v. Eckert, 919 P.2d 962 (Colo. App. 1996).

    Fact that a homicide victim was on the defendant's porch does not permit the defendant to claim immunity from prosecution for unlawful entry to defendant's dwelling unless the court finds that defendant believed that the victim intended to commit a crime or use physical force against the defendant. People v. Young, 825 P.2d 1004 (Colo. App. 1991).

    Defendant may still raise immunity as defense at trial when pretrial motion to dismiss is denied. People v. Guenther, 740 P.2d 971 (Colo. 1987).

    For purposes of this section, the common areas of an apartment building do not constitute a dwelling. People v. Cushinberry, 855 P.2d 18 (Colo. App. 1993).

    Where pretrial motion to dismiss on grounds of statutory immunity provided in this section is denied, defendant may raise it as an affirmative defense at trial. In such case, the burden of proof which is generally applicable to affirmative defenses would apply. People v. Malczewski, 744 P.2d 62 (Colo. 1987).

    Because this section creates an immunity defense as well as an affirmative defense, and because the burden of proof for each defense is different, when raised at trial, this section poses special problems when instructing a jury. In such a case, instruction based on language from People v. McNeese, which dealt with pretrial immunity, must be put into context so as not to confuse or mislead the jury about the burden of proof with respect to an affirmative defense raised at trial. People v. Janes, 982 P.2d 300 (Colo. 1999).

    Defendant did not establish by a preponderance of the evidence that he was entitled to immunity under this section where he could not show the struggle and wounding of the victim took place in defendant's bedroom of the house he shared with the victim. People v. Eckert, 919 P.2d 962 (Colo. App. 1996).

    Trial court did not commit reversible error by refusing to instruct the jury that it need only determine whether the victim made an unlawful entry into a part of a dwelling that was occupied by defendant, as defendant failed to show that the bedroom was exclusively his province and that the victim's entry into the bedroom was unlawful. People v. Eckert, 919 P.2d 962 (Colo. App. 1996).

    Instruction requiring jury to find that defendant had a reasonable belief that victim "had committed" a crime and omitting "was committing or intended to commit" a crime was erroneous but did not constitute plain error. There was no evidence that the victim's entry into defendant's house was unlawful and, therefore, no basis on which a reasonable jury could have otherwise acquitted defendant under this section. People v. Phillips, 91 P.3d 476 (Colo. App. 2004).

    Trial court erred in interpreting subsection (2) as including the concept of "remain lawfully" within the statutory phrase "unlawful entry". Defendant failed to establish the legal elements of this section to bar prosecution where the victim was initially invited into defendant's residence and, after arguing, was later asked to leave. People v. Drennon, 860 P.2d 589 (Colo. App. 1993).

    The reference to "uninvited entry" in subsection (2) refers back to the term "unlawful entry" used in the same subsection. People v. McNeese, 892 P.2d 304 (Colo. 1995).

    Victim's entry was unlawful and uninvited for the purposes of statute providing immunity for use of force where wife of murder victim did not have authority to invite the decedent into defendant's apartment and was staying with the defendant on the condition that she not invite the victim into defendant's apartment. People v. McNeese, 865 P.2d 881 (Colo. App. 1993).

    When this section is being used as an affirmative defense, it is error for a jury instruction to place the burden on the defendant to prove the affirmative defense. People v. Janes, 962 P.2d 315 (Colo. App. 1998).


    here's some more interesting ones...

    18-1-705. Use of physical force in defense of premises.
    Statute text
    A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

    18-1-706. Use of physical force in defense of property.
    Statute text
    A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18-1-704.
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    Cuztomrollaz98 MAD VLAD!

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    ahhh too many big words....... *shutsdown*
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    mburket Banned

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    Hey guys. One of these nights we should meet up downtown and take some pictures of our cars for the calander. Im up for it. Maybe a Nuggets game night now that those are starting.
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    DeebsTundra Big Tires :)

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    Calender? :confused:
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    Denver Rolla 98 impreza

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    gahi I hate working nights... :).. some sunday or tuesday would be killer! and the calender... CB is doing a monthly calender... :)
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    DeebsTundra Big Tires :)

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    I'm down. Hey Kris, could you do me a favor and post up a good pic of the Firebird in this thread? Since Pat has my laptop and all.

    What should be next?
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    Cuztomrollaz98 MAD VLAD!

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    well just came back from Stevenson Toyota and I'm getting a white XRS which is the only XRS in the 6 point state, gotta go back tonight to go over some numbers and sign the papers...
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    DeebsTundra Big Tires :)

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    What's the payment and insurance on it?
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    Cuztomrollaz98 MAD VLAD!

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    dk yet my mom can't make it tonight so tomorrow morning it is I guess.... payment is probably going to be around the 400's and stuff and insurance in the 200's
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    7MGTTEConcept MK3 #2? maybe..

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    good to see that ur getting a new car that you'll like man...but now u've become competition!!!

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