The Law Frog on KILO 94.3 – Episode 2: February 19th, 2020

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

Episode 2: February 19th, 2020

Legal Issues Covered This Week

Caller: Aaron had suspicion that his ex-wife may have forged his signature to sell a vehicle in his name. After an extremely long divorce process the vehicle had been awarded to his ex-wife, yet the vehicle was still under Aaron’s name. Aaron doesn’t know for a fact that his signature had been forged, but he was sure that he was the only name on the title, therefore drawing the conclusion that his signature must have been forged for the sale.

David: Without having access to all court documents and proceedings, David mentioned that there could have been something in that paperwork that would have allowed a transfer of title on the vehicle. If there was solid evidence that Aaron’s signature was forged, David said that the ex could be prosecuted but depending on the priorities of the DA, it could be difficult to get in motion.

Takeaway: The fact that the vehicle was intended for the ex-wife, the best course of action may be to just put the issue behind Aaron. Even if there was evidence that the signature was forged, it could be difficult to prosecute since the vehicle had been awarded to the ex.

Caller: Carlos wants to know if he can vote and have a firearm after being convicted with a felony and serving his sentence?

David: It is state by state, but Colorado seems to be more lenient to let felons vote after their sentence has been served. It is a bit different with a firearm, because if you have had a conviction of a year or more, you would be out of luck owning a handgun.

Takeaway: Carlos should register to vote as he should not have an issue in Colorado. The firearm is going to be more tricky, because without a pardon from a governor he may just be out of luck.

Caller: Chee has text messages about joint custody and financial agreements for divorce with his wife, but as soon as lawyers got involved, everything changed. Chee wants to know if he can hold his ex-wife to the agreements over text messages.

David: Until agreements are in a divorce decree, there is no done deal. The text messages could be used as evidence that the ex-wife had expressed intentions of how to handle custody and financials. Without a signed agreement it would be very hard to pushback because although she expressed the intentions, it was not a done deal.

Takeaway: The text messages may help but they won’t be a smoking gun, since the signed agreement at the end of the divorce is what ultimately dictate the terms.

Caller: Pat has nightmare neighbor who he shares a water well with and the neighbors have decided to shut off the water going to Pat’s property. Pat has been living without running water to his property for eight-years and has been hauling water in with a truck.

David: David is concerned at the fact that Pat has been dealing with this issue and that a statue of limitations may have passed, therefore limiting legal recourse for Pat. David will be giving Pat a list of names of people that may be able to help him.

Takeaway: Try and tackle legal issues right away so you don’t run into issues with a statute of limitations.