The Law Frog on KILO 94.3 – March 1, 2023

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.

McDivitt Law Firm Frog

March 1, 2023

Caller: A man who has been attending all the Kansas City Chiefs’ football games, both home and away, has gotten big on social media for his devotion to the team, however it turns out that he had been robbing banks while he was on the road for the away games. He eventually got caught in Oklahoma trying to rob another bank. It sounds like something out of a movie, but could he sell his rights to a story like that and make money off it?

David: This is something that would be controlled by laws in Oklahoma, whether he could profit from felonious conduct. However, that does not mean you cannot commercialize it somehow, but this money would go to any restitution to victims or the banks.

Caller: A local business that does garage doors and offers payment plans for their services, a customer of theirs signed the contract and the door was installed, but now they are not paying, and the company cannot get ahold of them. What are they able to do?

David: If they have a valid contract and have delivered the product, the purchasers then have an obligation to make good on the contract. The business has a few paths they can take to try and collect the money, including using a debt collection agency, there is a fee for something like this though. However, there is a lot that they can do themselves too, like sending certified letters, making sure everything is in writing, and letting the purchasers know what is owed and what they have missed. They can also go to small claims court to get their money back, which opens more doors for the purchaser to pay, like taking a loan out of the house, etc.

Caller: A man with a felony from 10 years ago, from cashing a bad check, wants to know how he can get his gun rights back.

David: Generally, it is difficult to get your gun rights back, unless you can get a pardon from the Governor. There are avenues to take to apply for a pardon, but there is an executive clemency advisory board that reviews these pardon requests and then sends them to the Governor with suggestions of who should get a pardon. If you go this route, be sure to include that your ability to possess and own a firearm is reinstated.

Caller: A man bought a Lincoln town car and has tricked it out with a variety of unique and fun elements. He wants to take his friends to concerts and wants to know if his friends can drink alcohol in the back of his unlicensed limo.

David: There are laws in Colorado that govern public transportation and transporting people for money. There are certain regulations that dictate what they can and cannot do, it also dictates how old the limo can be and in this case the car is too old to fall within these guidelines. Open containers are not allowed in vehicles in Colorado unless the passengers are paying passengers. However, just asking your friends for money would not necessarily make you a for-hire operator. The bottom line is you are most likely not able to do this within legal limits.

Caller: A women had a former boss who told her he cannot stand women in a position of power and was let go from her job. She is trying to file a grievance against her former boss with the EEOC (Equal Employment Opportunity Commission) and is having trouble getting an appointment. Is there an easier way to go about this?

David: I believe that they also have walk in appointments, but if you are getting close to your deadline and haven’t been able to get in for an appointment, they should also have a toll-free number that you can contact or you can send an email, but make every effort to show that you are serious and create a paper trail.

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