Friday, November 3, 2017

Avoid Making These Mistakes if You Are Charged With DUI

There are some mistakes that cannot be undone. So are the consequences that follow them. Isn’t is better to be aware of such mistakes? Rather than realize them after committing, when the only option we are left with is to regret and not be able to do anything about it.

If you or any of your closed ones have been charged with a DUI conviction, then here are some mistakes that people commit and themselves make their cases weak. Avoid them at all costs:

  • Giving any official statements, lying, saying anything incriminating (like admitting that you have been drinking alcohol), or answering the questions of police officers without your lawyer being present is a mistake you definitely must avoid at all costs. Resist talking too much with them.
  • Not hiring an experienced attorney to defend your charges or delaying to hire an attorney could be a fatal mistake. Have an attorney work on your case as soon as possible.
  • Failing to appear at your court hearings, being late to them, or even being improperly dressed while your hearings is also a serious mistake you wouldn’t want to make.
  • Another big mistake you could make is to assume that you are guilty of your charges. Pleading guilty or accepting a plea bargain without speaking to an attorney just for the sake of getting done with the legal complexities would only invite more trouble.
  • Doing a field sobriety test when you know you won’t pass it would be a blunder because it would later be used against you and there aren’t any consequences if you refuse to do this test.
  • Relying on the free advice of your friends, relatives, colleagues, or anyone other than your lawyer is also a mistake you wouldn’t want to make
  • Trying to convince a prosecutor or talking to him without the presence of your attorney would also be a fault om your part, which could make your case weak.
  • Assuming that the police or the arresting officer has made no mistakes is something which every one of us does. But it is very common for them to commit errors, which only a criminal defense attorney can identify and use against them.
  • Another major blunder you could commit is to forget your rights, be ignorant of them, or not exercise them. You should also evaluate or challenge potential violations to your constitutional fourth amendment rights in order to protect them.
  • Not complying with your state’s laws would be another fault of yours.
  • Another instance in which you could go wrong is when you assume that a high BAC level means that the case is undefendable. Get your blood retested by an independent forensic laboratory. Further, preserve all the evidence in your DUI case properly.
  • Not understanding the long-term dangers or consequences of a DUI conviction and taking it lightly would be one big mistake you could regret later in your life.
  • One more blunder which no one seems to be aware of is to resist an arrest. It is so common to see people resisting their arrest, no one seems to be aware of the fact that resisting an arrest is in itself a charge and can be used against the defendant to show that he or she is guilty of the other charge that he or she is convicted of.
  • Allowing the police officer to search your car would be another mistake. Police officers do not have the right to legally search your vehicle unless you allow them to. So, it is better to refuse such searches, which could further land you in more trouble.
  • Lastly, save yourself from committing the big blunder of driving even after your license has been revoked.

Wednesday, October 11, 2017

Accused Of a Criminal Offense? Are You Exercising These Rights?

“Your rights matter, because you never know when you’re going to need them.” - Edward Snowden

The consequences that follow criminal charges in Colorado are deadly and the ones accused of criminal offenses have to face a number of penalties. But there are certain rights that they can exercise. However, only a few are aware of them.



These are some of the rights that criminal defendants have in Colorado:

  • The first and foremost right that they have is to hire a criminal defense attorney to represent them so that they have a fair trial.
  • The defendant has the right to remain silent. He isn’t required to give or sign any official statement without the presence of his or her defense attorney because his statement might be used against him later in the case.
  • He has the right to be treated as innocent and right to a fair treatment unless proven guilty. So, he must be treated with respect throughout the case proceedings.
  • The criminal defendant has the right to refuse to get himself searched without the presence of his or her defense lawyer.
  • He can also refuse to be detained in case he gets accused of shoplifting charges. Further, he shouldn’t be confined to a small space and should be free to move as he likes.
  • He has the right to a due process in the proper preservation of evidence.
  • Moreover, he has the right to not incriminate himself.
  • Any plea that the criminal defendant makes must be voluntary and not under any kind of influence or force.

  • If the offense is bailable, then the defendant also has the right to bail.
  • He has the right to demand and receive a preliminary hearing in order to ascertain the nature and cause of the accusation within a reasonable time so that it is determined whether any probable cause exists to believe that the offense charged was committed by him.
  • He has the right to meet the witnesses against him face to face and also to question witness’ suitability for a probable cause. Further, he also has the right to process to compel the attendance of witnesses in his behalf.

He has the right to a speedy public trial (i.e within 6 months from entry of “not guilty” plea) by an impartial jury of the county or district in which the offense is alleged to have been committed.

Monday, September 11, 2017

Do Not Give Up Your Right To a Speedy Trial While Pleading “Not Guilty” On Your Traffic Ticket

“You have to believe in yourself when no one else does- that makes you a winner right there.” -Venus Williams

When you’re handed a traffic ticket for absolutely no fault of yours, feeling helpless and frustrated would be common. And with that frustrated mind, you might just want to pay the fine and get done with it. However, you must remember that the moment you decide to pay the fine, you automatically plead guilty to your charge (meaning that you have accepted your charge). You surely don’t want that, do you?

When you haven’t committed an offense, then you wouldn’t want to accept having committed it, would you? Giving up is easier than fighting back. But having a little courage to fight back your false charges won’t go in vain. Be very assured of that.

What I am going to say next would be right what might be there on your mind for a long time.

If you plead “not guilty” on your traffic ticket, you must have had thoughts like “what if your defense suffers due to any kind of procedural delay?”. Well, why should your defense have to suffer due to any procedural or government delay? Right?

This is why the right to a speedy trial exists. To prevent defendants who plead “not guilty” from delayed justice. It provides them the right to a court trial within a specific time period. In Colorado, the time limit for the court trial is within 6 months of entering the “not guilty” plea. Had this right not existed, the trial could go on for years before getting justice to the defendant.

However, in many cases, it is seen that the courts try tricking the defendants to give up or “waive” this right since it gives them flexibility in setting the trial dates according to their convenience.

Here’s how you can save yourself from giving up this right:

Generally, the court asks this question in a leading and indirect manner, which often cannot be understood by a layman and thus, defendants, in their nervousness, end up responding to the question with a “yes” (meaning that they give up their right to a speedy trial).Only an expert traffic ticket attorney can understand it and respond to it in the right manner.
  • If you are pleading “not guilty” and are without an attorney representing you, then on being asked any question related to the waiving time for the trial, you should clearly answer that you plead not guilty to all allegations and do not waive your right to a speedy trial.
  • Don’t let the judge convince you to give up this right by making you understand how it will allow the court to work properly around their schedule and this could be beneficial to you.
  • Do not be afraid or nervous to ask any kind of questions if you feel uncertain or doubtful about anything.
  • Hire a professional attorney who can protect this right, along with many others (which you might not even be aware of) and help you exercise them at appropriate times.
  • Only if the defendant wants more time to prepare his defense should he give up this right. Or if the evidence collected isn’t good enough. Otherwise, giving up this right could hurt the defendants in ways more than one.

Friday, August 25, 2017

Expunged Records Can Save You From Future Criminal Background Checks

We don’t like getting flashbacks of things from our past that we don’t ever want to remember, do we? People do not deserve to be judged by their past, simply because they don’t live in the past anymore. Judging someone is never considered good, but if you really must judge someone, judge them by who they are in the present, not by who they were in the past.

For the same reason, a person aspiring for a job or a financial service, or while purchasing a particular product or a service shouldn’t be checked for his criminal history. But the bad news is that they do get checked for their criminal backgrounds. And the good news is that your criminal records can be sealed in order to make them unavailable throughout the state.

Once your criminal record is fully expunged, you have no legal or ethical duty to disclose it to anyone. And if someone ever asks whether you were involved in any criminal offense ever, you can simply answer them with a “no”.

Some Places And Situations Where Criminal-Background Checks Happen

  • Employers (private and government both) run criminal-background checks on candidates prior to offering them jobs. People with criminal backgrounds find it hard to apply for any jobs if their criminal records aren’t expunged since the basic eligibility criteria for almost all jobs require that the candidate shouldn’t have a criminal background.
  • While offering financial services (like loans, advances, insurance, etc.) to people, banks, and other financial institutions run criminal-background checks on them. Thus, it becomes next to impossible for people to get loans, advances, and other financial services.
  • While purchasing arms and ammunition, people are checked for any possible criminal backgrounds and are right away denied making these purchases, if their criminal background isn’t found clean.
  • Applying for a professional license (certification or qualification to perform a job or a task) also requires a thorough criminal-background check. And if it isn’t found clean, a person can be refused the license.
  • Finding a house can seem impossible if you do not have a clean criminal record. Property owners and managers can refuse to offer housing services to you on this basis.

Want to get your criminal records expunged?

To save yourself from getting stuck in such situations which require performing a criminal-background check on you, an expert criminal defense attorney can assist in sealing all your criminal records in order to make them unavailable throughout the state. With this, you wouldn’t be required to carry your criminal history forever with you.

Monday, April 24, 2017

How a Defense Attorney will explain the Colorado Domestic Violence to its client

Being a defense attorney is always a challenging job. It brings lots of pressure, challenge, and higher expectations. If a person has been charged with a domestic violence offense in Colorado then it is quite critical for him to get all the information about Colorado Domestic Violence Laws and sentencing. Any experienced Denver domestic violence attorney can explain to you that what does different charges imply and will make sure that you are fully aware of all the possible outcomes before you even put a step into the courtroom.

Here are various information which an attorney needs to explain to its client regarding domestic violence laws

What is really domestic violence?
Quite often, the accused is not even aware that he has committed a domestic violence. It is quite important that the attorney explains to its client that domestic violence constitutes a pattern of abusive behavior by which a person attempts to control his or her spouse (or intimate partner) through physical violence, verbal threats, psychological trauma or sexual abuse.

In legal terms, the domestic violence involves an act or threatened an act of violence upon a person by the actor to whom he/she is or has been involved in an intimate relationship. It also includes any other crime against a person or the person's property or municipal ordinance violation against a person or person's property. The domestic violence is used as a method of coercion, punishment, control, intimidation, or revenge directed against the intimate partner with whom the actor is or has been involved in an intimate relationship.

An intimate relationship is also further defined as a relationship between spouses, former spouses, past or presents unmarried couples or persons who are both parents of the same child regardless of whether both persons have been married or have lived together at any given period of time (Colorado Revised Status Section 18-6-800.3(2)).

To be accounted for domestic violence, the couple involved does not need to be sexually intimate. They should merely need to represent themselves as a couple, of the different sexes or the same sex. Actually, Domestic violence is not a crime itself, it is an enhancement to other criminal offenses such as beating, harassment, assault, trespassing, and destruction of property. After conviction, the domestic violence enhancement carries further sentencing considerations.

Various forms of domestic violence -

1. Physical violence-
a. pushing, shoving, biting, slapping, kicking.
b. Choking, pinching, hitting, grabbing, pulling, beating.
c. shooting, stabbing.
d. locking out of the house.
e. breaking or throwing objects.
f. destruction of objects or property.
g. threatening with a weapon.
h. refusing assistance while sick or pregnant.
i. Physical restraint.
j. cutting off victim's hairs without consent.
k. use of any object to cause pain, punishment to intimidate.

2. Sexual abuse -
a. forced sex.
b. rape.
c. unwanted touching and fondling.
d. ritual abuse.
e. sexual innuendos.
f. the accusation of infidelity.
g. forcing a partner to wear a dress in a more sexual way than is comfortable for him or her.
h. forcing a partner to strip or perform different sexual acts.
i. forcing sex while others watch.
j. Beating for sex.
k. Using sex for bargain, manipulation, and punishment.

3. Emotional abuse -
a. Ignoring deliberately.
b. yelling every time.
c. calling by different vulgar and demeaning names.
d. constantly criticizing or weight, color, or beauty issues.
e. telling the victim that they are worthless, careless, and stupid.
f. harassment.
g. veiled threats.
h. Isolating victim from children, friends, and family.
i. forbidding to socialize, work, drive, or make a decision about personal issues.
j. threatening suicide and homicide.
k. threatening for abandonment and kidnapping.
l. Hurting family, friends, and pets.
m. manipulating with lies and contradictory statements.
n. suppressing victim's self-esteem.
o. stopping communicating with the victim.
p. blaming.
q. humiliating in public.
r. preventing the victim from going to the place of work or worship.
s. destroying victim's personal items like mobile phone, computer, laptops, collectibles, clothing, or any other object.

4. Economic Abuse -
a. withdrawing money from a joint account without telling the partner.
b. Stealing share-able property or possessions.
c. Hiding money from a partner.
d. Not allowing access to the financial documents.
e. Not giving any tips and input for financial decisions.
f. not allowing control of money, financial accounts, and documents.
g. destroying victim's debit/credit cards.
h. Asking money by intimidation.
i. preventing the victim from getting a job.
j. refusing to pay child support.

The domestic violence defense attorney must also tell the clients that the domestic violence can be subtle, indirect, or unintentional also. Various times when the client just wants to make an impression on his or her partner, the commits some acts which are innocent and cute according to them. But they do not understand that it is a potential crime under the eyes of the law.

a. Using sarcastic comments.
b. Always contradicting with partner's statements.
c. Underestimating the partner's achievements.
d. Forcing them to do your own work.

Wednesday, March 8, 2017

Caught Under DUI-What You Need to Know

Colorado is the 17th strictest state for DUI charges in the United States. Although not in top ten but it does not stop Colorado from being a state where nobody would like to face any DUI charges. It could lead you to some harsh monetary penalties and a probable prison time.

There are two levels of DUI charges related to alcohol and both are based on the level of alcohol in the blood-

1. Driving under the influence of alcohol or Drugs (DUI).
2. Driving while the ability is impaired (DWAI).

What is BAC ( Blood Alcohol Concentration)-
BAC distinguish the concentration of alcohol in the blood which is pulsing inside the body after consuming alcohol.
For DUI charges, the legal limit of BAC for the drivers 21 years or older in 0.08%, while the limit for younger drivers is 0.02%.
For DWAI charges, the legal limit for BAC is 0.05%.

Penalties-
The Division of Motor Vehicles in Colorado has the authority to dismiss any person's driving license under DUI and DWAI charges regardless of any probable criminal charges against you from the court. Such penalties are known as Administrative penalties which can automatically suspend your driving privileges and as well as penalty fees and points deduction too.If caught under DUI or DWAI then you will need the best DUI lawyer in downtown Denver to represent yourself and saving you from harsher administrative penalties.

DUI 1st offense-
There are following penalties for first-time DUI offenders- 
1. $600 to $1000 fine.
2. maximum 1 year prison time.
3. 96 hours community service.  
4. License revocation for 9 months.
5. Alcohol education classes.

DWAI 1st offense-
There are various penalties for first-time DWAI offenders-
1. $200 to $500 fine.
2. maximum 180 days imprisonment.
3. 48 hours of community service.
4. 8 points deduction from driving license.

DUI/DWAI 1st charges for under 21 years old drivers-
1. Suspended driving license for three months and four points to your driving record.

The penalties will increase substantially for repeated offenses. If you want to challenge the administrative penalties then you will have to ask for the alcohol hearing.

Alcohol hearing-
A person who has refused to pay the administrative penalties can request for the alcohol hearing within 7 days after getting a revocation or suspension notice. You need to go to the DMV personally to put the request. You also need to surrender your license if you did not at the time of suspension. You may be allowed to have a temporary driving permit depending upon the severity of your case.

Arrest-
1. If you fail the on the spot sobriety test which involves different things like walking on a straight line, standing on one leg while answering a number of questions, and touching your nose. You will be told your rights and will be handcuffed immediately and taken to a county jail. Later a tow truck will fetch your car.

Zero tolerance against drunk and driving-
Colorado state has zero tolerance policy against drunk and driving and it will lead you to cancellation/revocation of your license and monetary penalties.
Caught under DUI-what you need to know.

If a person 21 or younger is found with a BAC between 0.02% and 0.05%, then he will face automatic revocation of his/her license.
If a person 21 or younger is get caught with alcohol in his vehicle then his license will be revoked.
As per express consent law, if you are driving a motor vehicle in Colorado then you have automatically given permission to be administered for an alcohol test by breath, blood, or urine to measure the blood alcohol content. If a traffic officer wants to check you because he suspects you to drink and drive and you refuse, then you will be required for the Installation of the Ignition Interlock for 2 years. Since January 1, 2014, if you refuse for a chemical test then will be considered a Persistent Drunk Driver.

Ignition Interlock device-
An ignition Interlock device is the breath analyzer for individuals. It requires the driver to blow into the mouthpiece of the device before starting the ignition. If the alcohol content in the blood is higher than the prescribed limit then the engine will not start. It is located inside the vehicle and is directly connected to the vehicle's ignition system.
So if you have installed the ignition interlock device then you may be allowed of an early reinstatement of your driver license suspension. This could only be done after you have served some amount of your suspension. The length of suspension depends on the type of violations you face. You must also-
1. More than 21 years or older at the time of your violation.
2. satisfies all the requirements for the reinstatement.
3. completed at least 1 month of the DUI conviction or driver's license suspension.

The annual cost for an Ignition Interlock device is approximate $1,100 and it must be purchased and installed by any Colorado state approved vendor in order to be valid.

License reinstatement-
Once a person's suspension time is completed, you will get a letter from DMV regarding reinstatement of your license. It will include the step required to purchase a new unrestricted license. Before you get the license you need to complete some conditions like filling the complete fees and program classes required. 

After that, you need to fill the  application for reinstatement form (Form DR 2870) and a certification ( Form DR 2598). You also need to pay the 95$ fee for reinstatement and a proof of insurance for three years (SR 22).     

Monday, February 13, 2017

Challenges Before a Criminal Attorney Today

Saving an innocent person's life is a great thing and an attorney does it will full force. It is always not as fancy and exciting as people consider it but an attorney faces lots of trouble and a tiresome effort is required by him to save his/her client. A career in law is most desired by many young people and it is rewarding too, but it also has different drawbacks as well. Here are some worst scenarios which an attorney faces every single day-

1. Long working hours
A criminal attorney not only argues in favor for his client in the court but also gather various information related to the case which could be helpful for his client. For that, he has to spend a great amount of time at his office or outside. He has to meet different persons like courtroom personnel, police officers, client's family members and so on. There is not a fixed routine for an attorney's working hours. He could be working more than double than a normal working person.

2. Client pressure
Nobody likes to get a ticket or face a potential prison time so if an individual is caught into any legally punishable offense then he goes for a criminal attorney who could help him to get out from this situation. Now the pressure is on an attorney to save his client and prove his innocence.
Legal proceedings are known to be quite longer and stressful as the attorney has to face the critical judge, rival attorney and other courtroom officials, so an attorney has to not only motivating his client but himself too to face different challenges.

3. Stressful job
Deadlines, client's constant pressure, long working hours, frequent changing laws, and other professional demands make the life of an attorney quite stressful. It becomes a great challenge for an attorney to cord a balance between job's requirements and own physical and mental health.

4. Unpredictable career
The career of an attorney depends upon his performance in a particular case if he is not successful in winning the case for his client and it is a chance that he will no get cases anymore. 
So a career in law is quite unpredictable and there is no security of a constant income like any other profession.  

5. Competition
Just like any other profession, being an attorney make you open to the competition where there will be different attorney ready to take a case with least remuneration possible. It makes a quite difficult situation in front of an experienced and competent attorney who can provide better legal assistance. But the client who wants to save his money could go for a mediocre attorney with questionable credentials.

6. Frequent legal changes
Laws are bound to get amendment at frequent intervals or when a need occurs. Governments are quite harsher on punishable offense too so they keep adding different sub-categories on present law.
It makes the job of attorney much harder as he would have to make himself updated and find loopholes to modify the case in his client's favor. 

7. Law school debt
As per experts, to get a law degree even from a mediocre law college an individual would have to pay approximately $45,000 a year. To repay this debt it will take much more time than the person spent to get the degree. So in today's competitive environment, it is quite difficult for an attorney to earn a handsome amount of fee from his clients.

8. Technology
Advancement of technology has made work a little bit easier for an attorney as he can take references from previous cases and can get important tips for his case but it has also affected him in a negative way. Now people also can get legal aid online as they too can gather legal information about any situation or a free consultation from any legal counselor. So it stops any attorney from getting an earning option.

9. Poor image among public
Image of an attorney is always poor to the public. People considers attorneys as a devil's advocate who makes illegal things legal. Such perception has always kept attorneys away from normal people and an individual does not go to any attorney till they fall into legal cases.
Though there are many initiatives when attorney fought for common people without taking any money and different bar associations have started doing regular sessions to meet people and give them legal assistance.

10. Employment dissatisfaction
It is also the biggest challenge which every attorney faces in his professional life. The increasing competition, expensive education, constant pressure from the client, bad reputation in society and longer working hours have made a life of attorney quite challenging and stressful. According to a study, approximately 40% of attorneys have told that they would not recommend any youth to go for a career in law.

Friday, January 20, 2017

Kid Caught Under Criminal Offense in Colorado - What you Need to Know

Being a parent of a young kid who is caught under juvenile crime offense could be quite diminishing and disheartening for you and your child both. It is the time when your child needs your maximum attention and during whole judiciary process while a Colorado defense attorney is rooting for your child you must encourage your kid to improve his/her morale.

To keep your child safe and keep him/her far from such incidents you must be aware of many laws which Colorado state has made and educate your child about them.

Legal age of a juvenile
According to the Colorado state law, it considers a person 18 year or older as the adult and lower age group people would be considered as a minor with some exception like consuming alcohol, renting a hotel room or purchasing or renting a car. When a youth has reached the age of majority (21 years) he may involve in following activities-
1. Joining army without permission.
2. making decisions about changes in his/her body.
3. Entering into any Legal contract.
4. Voting in the Elections.

Drinking offense for a juvenile-
Colorado clearly states that any individual whether male or female cannot enter in any liquor shop if he/she is 21 or younger.
1. It is illegal to consume or possess alcohol for any individual lesser than 21 of age.
2. Any adult cannot sell alcohol to a person younger than 21.
3. If any juvenile uses a fake ID by defacing, altering or changing the information to purchase alcohol then it would be considered a serious crime and multiple charges of cheating, forgery and demeanor would be put against him/her.
4. Although drinking for a juvenile is illegal in Colorado but in some exception cases when a kid is consuming alcohol with the permission of his/her parent and inside their private property, then no action will be taken against them.

Traffic rules for bicycles, skates and rollerboards
As young kids are supposed to be involved in many games and recreational activities. so to promote outdoor activities and also keeping kids safe from misuse of this stuff Colorado state has passed some ordinance regarding the recreational use of bicycles, skates, and rollerboards.
for bicycles users-
a. No noisy siren or whistles should be used.
b. Should carry no. of persons are per bicycles designed for.
c. should fix proper reflectors on both front and rear sides so people can see it from  600 feet distance.
d. should wear a helmet while riding it.
e. Do not attach yourself to any car to take support.
f. Always ride in the right side lane.
g. Do not disturb the pedestrians.
These laws allow kids to use bicycles, skates, and rollerboards inside city area only and do not permit to drive on highways.

Automobile Driving Laws for Youth
Major causes of juvenile cases are regarding traffic violations. There are multiple laws regarding juveniles use of automobiles and how they could be avoided. A younger kid of 16 years of age can get a minor's driving license after passing a driving examination and a signed affidavit from his/her parents.
some common issues in which juvenile offenders could find them as here -

Drink and Drive-
Drink and drive are completely illegal and if any younger person is found under such situations will lose his driving license and could face fines and prison time.

Reckless Driving-
The reckless driving means driving without following traffic laws and violating other road user's traffic rights. Many time youth involves in illegal racing competition and if any youth is caught in such activities then his license would be revoked could be punished with fine or a possible prison time.

False Documentation-
If any youth is caught with any other individual's license or has altered the name and image then it's a punishable offense.

Hit and Run-
If any youth has been involved in any hit and run case then do not panic and contact the authorities.

Drugs and youth-
Colorado state is very strict towards illegal drugs use. There is a strict set of laws against any person who is found in possession of drugs.
a. if any youth is caught using marijuana then he could be fined for $100- $500 or 15 days jail time or both.
b. if any youth is caught having less than 1 ounce of marijuana then it would be considered as a class 2 petty offense and fine would be of $100 or less.
c. if any youth is caught having more than 1 ounces of marijuana but lesser than 8 ounces then it will be a class 1 offense and person will be booked for a case.

Disturbing the peace of public places-
Many times youths are books are disturbing the peace at public places. There are many misconduct behavior which can be booked under the punishable offense-
1. Using foul language or making derogatory gestures at a public place.
2. Unnecessary shouting at a peaceful place like school, hospital or at a private  property.
3. Fighting.
4. Showing a firearm or a sharp weapon at a public place to threaten anybody.

Tuesday, December 13, 2016

Common Defenses to Domestic Violence Charges

Domestic violence is a serious offense and the law takes strict actions against the guilty. However, cases of false allegation aren’t very uncommon. On being wrongfully accused of domestic violence, you can get into huge trouble which, in turn, can adversely impact your life as well reputation. If you feel that you are in a similar situation and want to fight off the charges, you must know what are the potential defenses that can be used to protect your rights and interests. The most important right that you have in this regard is the right to an attorney. A good domestic violence attorney can help you figure out the best strategy to fight false allegations of domestic violence.

Here are the common defenses to domestic violence charges: 

Deliberate False Allegations

In some cases individuals make false allegations of abuse against partners for personal gain or reasons that are not at all related to violence. Such charges often appear in divorce cases where the spouse makes false allegations to collect more monetary reward or gain full custody of children. In such cases, the defendant needs to find inconsistencies in the story of the opponent by matching police records or examining accounts of witnesses or through close examination.

Wrong Suspect

The defendant may also claim that someone else was responsible for the violence and prove himself innocent. To prove that the defendant cannot be the person who has committed the offense, the accused needs an alibi that he wasn’t present at the scene when the alleged victim was abused. You can present witnesses who testify that you were with them, not close to the scene of crime. You can also present photos or videos with time stamp that show you were somewhere else at that time.

Lack of Evidences

In domestic violence cases, one of the strongest defenses could be finding loopholes in the opponents case or argument. The defendant cannot be convicted if the prosecution cannot provide sufficient proof against the accused. An experienced attorney can uncover loopholes and contradictions in the arguments of prosecutor or the alleged victim to save the defendant.

Consent

The defendant can use this defense if he can prove that the opponent consented to the act. This includes situations where both individuals have willingly participated in a volunteer fight or sadistic sexual practice. However, it becomes difficult to defend yourself if there is no witness to back-up your claim.

Self Defense

For using self defense as a strategy, you must prove that your action was only intended to protect yourself or your children. This type of defense works only if you can prove that you perceived an imminent threat and was not the initial aggressor.

For using these defenses to fight domestic violence charges, careful examination of the case and situation is required, which becomes easy if you hire an expert Denver domestic violence lawyer. With good observation skills and deep understanding about the state laws, he or she can help you deal with such cases efficiently.

Thursday, November 24, 2016

Legal Penalties of Domestic Violence in Colorado

Being accused of domestic violence could be a nightmare in Colorado. And, if one wants to fight off the charges, it’s important to know the laws and the consequences in detail. The law makers of the state have defined domestic violence as a threat or act of violence against an individual with whom the aggressor had or has an intimate relationship. It also includes any other crime or municipal ordinance violation that has been committed against a person or against property to control or intimidate a person with whom the aggressor has or had an intimate relationship. There are several potential criminal charges associated with domestic violence, ranging from low level misdemeanor to high level felony, also including multiple felonies and misdemeanor. If a person is found guilty at trial, he might have to face severe legal penalties, which varies in nature depending on the charges.

The legal penalties for domestic violence conviction in Colorado includes:

Incarceration
The convicted person could be confined to county jail or prison for domestic violence. Although not every sentence includes jail or prison, the defendant must keep in mind that this could be one of the consequences if he is found guilty at trial or accepts a plea offer from district attorney. Jail or prison are more likely to be the consequences in case of a second or subsequent misdemeanor charge and a first time felony conviction.

Counseling
In addition to any sentence, the convicted is sometimes required to participate in a domestic violence evaluation and has to follow the recommendations. He is also ordered to complete the domestic violence treatment program, the minimum of which consists of 36 hours of treatment and is usually completed by engaging with the same for two hours in a week. The cost of evaluation and treatment is to be paid by the convicted. Some cases also include mental health evaluation or parenting classes.

Probation
Conviction or acceptance of a plea agreement to misdemeanor domestic violence charge by a person who doesn’t have a prior criminal record may also lead to probation, granted by the court. A probation officer is assigned, who supervises the activities of the person, helping him to avoid situations where new criminal charges may arise. In some cases, unsupervised probation is also granted where the defendant doesn’t have an officer to check and is not required to pay the probation supervision fees. On failing to complete the probation requirements, as ordered by the court, the probation can be revoked resulting in additional penalties.

Deportation
In certain cases, the non citizens convicted for domestic violence are deported. Thus before entering into any plea, the defendant should be aware of this. 

Evaluation and Treatment of Substance Abuse
In cases where an illicit drug or alcohol led to domestic violence charges, the person is subjected to substance abuse evaluation to determine if and to what extent the person is using substances. It also evaluates if the defendant is suitable for drug or alcohol treatment or not. If the person is found suitable, appropriate treatment is recommended. 

Anger Management
In certain cases, the court may order the convicted person to attend and complete anger management program. However, many individual begin attending anger management classes after being arrested or charged with domestic violence. But the defendant must know that the criminal court may or may not give him any credit for this.

Restraining Order
In every criminal case, a mandatory protection order is issued against the defendant. This type of restraining order remains in effect till the case is complete and restrains the accused from molesting, harassing, threatening, intimidating or tampering with any victim or witness to an alleged crime. However, it doesn’t restrain the person from communication with an alleged victim or witness. 

For anyone willing to fight the domestic violence charges, knowing the laws and penalties associated with the crime is important. However, if the case or the legal system seems too much complicated it’s always better to consult an experienced domestic violence defense lawyer