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How to Abuse Red Flag Laws

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There is a new law in Colorado being proposed to deal with criminal accusations (HB21-1214), but only if you were arrested, this means that this law is doing nothing for those falsely accused of criminal activity in Civil Court. Why is this important? Well Civil Court is where most of Colorado's Red Flag law intervention takes place. It's a way to criminalize innocent people.
Here is a detailed post on how easy it is to abuse Red Flag Laws in Colorado.

Why this needs to be fixed and what's going on in Colorado
Colorado has several laws which allow people to file criminal claims in civil court. These criminal claims do not have to be substantiated, and may be filed ex-parte. The accuser can also drop these claims before an evidentiary hearing. You can also file such criminal claims with any state agency, which can report those claims to the CBI or the Public Records offices. This results in the following:

  1. The Criminal Claims are now placed on the accused person's Public Records background check.
  2. The Accuser is protected from perjury.

Prior to 2014, the laws 24-72-300 et seq allowed you to suppress (sealing or expungement) all of those criminal claims from your criminal background check, regardless of State Agency. They could and had been argued to also support sealing of criminal claims in Civil Court cases which were dismissed.

After 2014, the laws changed, with the 300 series replaced by the 700 series. This was done by recommendation by a task force which falsely claimed that criminal code accusations/records ONLY exist if you were arrested and they are ONLY maintained by the CBI. The 700 series only allowed you to suppress (seal or expunge) criminal claims from the following qualifying records:
  1. ONLY criminal justice records regulated by the CBI.
  2. ONLY criminal claims made in Criminal Court.
  3. ONLY if the accused person was arrested.
As a result accused individuals who were never arrested are permanently punished with a false criminal accusation on their public record, prohibiting and restricting their ability to find jobs

I could walk into a courthouse, claim you threatened me with a gun, then drop the claim before an evidentiary hearing and the results would me:

  1. You have assault with a deadly weapon on your public records check, and you can clear it.
  2. Because you were never arrested you can't clear it.
  3. I am protected from perjury.
  4. You are now restricted from renting from certain landlords in certain areas, as well as restricted from certain jobs.

Landlords are using these civil processes to create false criminal narratives of tenants. Collections agencies are using these methods to go after people inside and outside of Colorado. Family members, co workers and neighbors are using these methods to manipulate, extort and threaten others they know for personal gain.

Even if you don't live in Colorado, you are not safe. A collections agency can use these methods to go after you and your background.
Please help fix the law in Colorado so it makes sense!

Detailed Instructions on how Colorado's laws are being abused And Basic Facts
This is not Legal Advice, just examples of what people are doing.
I do NOT advocate abusing or breaking the law at all. The damage this can do is irreparable.

(as gathered from information of other attorneys in Colorado and how their cases actually
progressed)

  1. Pick someone you don't like. It can be a neighbor, family member, Tenant, Debtor, etc...
  2. Call the cops and pull a Karen.
  3. Either -
A. Go to the Civil Court, file for 1 of any variation of emergency laws (Landlord Protection Laws, Temporary Protection Order against the Target)
B. Go to your Human Resources Agent and file a major complaint
4. While the order is in effect:
A. If you got someone kicked out of the house where you are currently staying, you can destroy or sell their property. While the law protects the property, there is almost no enforcement or punishment being given by judges in Colorado for property that has gone missing. Nearly every time it has been tried, the person selling or destroying the property has either: claimed ownership over the property; ignorance over the property's disappearance; or skipped the state - making prosecution almost impossible.
B. IF in a workplace environment the Boss has to ensure that the "accused party" is not working the same hours as the accuser. This tends to lead to termination of the accused. The accuser is protected by law from termination. The Criminal Record is then maintained by the Private Sector Business or State Agency, which is separate from the CBI and typically regulated (especially so if held by a Non Law Enforcement Entity).
5. If it is in court, or a state agency, you can.
A. withdraw your complaint saying "I feel safe now". You do NOT need to confess to lying. Few Judges even try to force evidentiary hearings because they want to get it over with.
B. Proceed with an evidentiary hearing.
C. Proceed with an internal investigation within the State Agency or Private Sector Business
6. Results:
A. IF Withdrawn as a no-fault motion before an evidentiary hearing, the Judge likely vacates without prejudice, meaning the Emergency Order can be brought up again at a later date for "examination", despite 13-14-103 (9). That's because later on in 13-14 you'll find a legal requirement to examine the history of temporary orders to determine if there is a pattern. This means a false criminal pattern can be created even when no events have taken place.
B. IF an evidentiary hearing finds that the accuser is not in danger, upon examination of the evidence, the Judge still can't refer prosecution for perjury of the accuser, if the accuser insists they were afraid, and was careful in their wording. Why? Because there is no legal quantifying test for "Fear". All you have to do is say you were "afraid". It is very difficult to disprove fear since that is an internal emotion.
C. Perjury is also highly unlikely due to the fact that Perjury is a Criminal Prosecution, and unless the Judge, DA's Office or Police take a special interest, the Police are unable to investigate a civil case for criminal wrongdoing, as it is out of their jurisdiction.
D. These laws also allow you to file on behalf of a minor or an elder who is mentally incapable of speaking out on their own. If filing on behalf of a kid, the accuser can make a sexual assault accusation. Even if Withdrawn or Dismissed, the criminal code for Sexual Assault of a Minor will appear on the target's PUBLIC RECORDS check. This accusation is a CRIMINAL CODE. How is this possible? These laws were crafted at the end of the Satanic Panic of the early-mid 80s to early 90s, and were created to allow neighbors and family members to take kids away from "devil worshiping parents". Even a dismissed accusation of Sexual Assault will still prohibit the accused from numerous jobs. The Satanic Panic made it acceptable to process criminal prosecution off civilian complaints which with only spectral evidence to back it up -It’s Time to Revisit the Satanic Panic ; The last victims of Satanic Panic were released from incarceration in 2013. This only emphasizes the damage untested criminal accusations can cause in combination with these laws.
E. Even if the accused is a juvenile (and yes, juveniles have been targeted unfairly), there is NO LAW on the Books which can clear a Juvenile's Public Record of a Criminal Code Accusation with any degree of certainty. That's because the Public Record is NOT a Criminal Justice Record and it is NOT regulated by the CBI.

Basic facts:
  1. You can have a criminal code accusation placed on your public record, even if the police found absolutely no evidence of wrong doing, and you were never arrested.
  2. Not all state agencies are regulated by the CBI.
  3. All state agencies are capable of maintaining Criminal Code Accusations.
  4. Not all state agencies have regulations prohibiting the release of those records.
  5. Public Records are exempt from CBI regulation.
  6. Criminal Justice Records ONLY refer to Criminal Court Cases and ABSOLUTELY NO OTHER CASES.
  7. 55.1 is limited, and requires a previously sealed or expunged record to be evoked.
  8. As it stands, Non-Arrest Non-Conviction records are not as easily sealable, let alone expungeable, as Arrest but Non-Conviction Records.
  9. The MOMENT any official document is filed, a record is made which can be found by any background specialist. If it is filed in Civil Court, it goes on the Public Records Background Check. If it is in Criminal Court, it goes on the Criminal Background Check. If it goes into a State Agency Not Regulated by the CBI it can appear almost anywhere, depending on how that particular State Agency handles criminal code accusations.
  10. The Native Waters of these Criminal Codes were Criminal Court Only. However, they have now been removed form their Native Waters, and without regulation are permanently harming the lives of innocent people. Colorado, in numerous pieces of legislation, has officially recognized the inherent harm of Criminal Code Accusations against individuals, but has done little to correct the massive problems left by the repeal and replace of 2014. The sad thing is there were holes back then which were only made larger.
This is why this new law needs to be changed.
It needs to cover:
  1. Non Arrest Non Convictions
  2. All State agencies, not just CBI.
  3. All Court Records, Civil and Criminal, not just Criminal Justice Records.
 

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