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The Law Frog on KILO 94.3 – November 16, 2022

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.

November 16, 2022

Legal Issues Covered This Week

Davis: Regarding the Verel James Mangum Grand Junction Co. Case. Can family members of the murdered victims seek compensation for mental distress? What is the possibility the supreme court will release Mangum from the double murders that he confessed to when he was a 17 year old juvenile? 

David: Mangum has already had his charges dismissed but he is still currently in jail due to the pending appeal by the District Attorney to the Supreme Court. If the DA is successful in his appeal, then the current dismissal of the charges will be overturned. If the DA is unsuccessful in his appeal, then the dismissal of the charges will be upheld, and Mangum will be released from jail. It is currently too early in the current appeal process to place a probability on the potential outcome of the current appeal. The relatives would be able to apply for compensation based upon the Victim Compensation Act if they have suffered an injury and are considered relatives of the primary victim. The relatives would be able to apply for compensation for their mental distress and potentially be compensated for their losses. The main hurdle would be the timeframe requirements in the statute, but the board is able to waive the requirements for good cause, which could exist in their case since the case was considered cold from 1996-2001. The best approach for the relatives of the victims would be to go through the process of applying to the local victim compensation board. Contacting an attorney familiar in this area would be beneficial to be able to avoid any hiccups in the process.

Summer: I have an employer who wrote a fraud check, and it bounced, then they didn’t pay the next check either. I have been ignored since this happened 30 days ago. I’ve served a notice of dishonored instrument without pay. What else can I do? 

David: You have completed the first step and served your employer with a notice of dishonored instrument without pay. Now your next steps will be to contact an attorney who is familiar with employment law and begin to commence civil action. Be sure to maintain any documents that will be relevant to this situation and be sure to provide them to your attorney who will be assisting you in this matter.

Angel: My husband had a car accident last March it was found at that time that he had a unknown seizure disorder. He had a seizure he was not ticketed in the accident. the police officer had his driver’s license pulled. So he had to go through the whole process of getting a new license (driving test and written test). We then found out he was put on a Sr-22. Is there a way he can get off the SR-22 he has been on seizure medicine since the accident? 

David: According to the statute you are required to maintain the proof of financial responsibility for a period of 3 years and then the director will be able to waive the requirement of filing proof of financial responsibility. Your husband will need to maintain his SR-22 for 3 years in order to keep from having his license suspended.

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