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


Wednesday, August 24, 2016

Benefits of Hiring an Experienced Lawyer

If you are preparing to fight a criminal charge imposed on you, no one can help you better than an experienced criminal defense attorney. The consequences of your case highly depends on the attorney you hire and while selecting the one, you must scrutinize various aspects thoroughly to be sure that you are investing your time and money for your benefit. Criminal charges could lead you to serious penalties including incarceration in state prison or jail, hefty fines, a criminal record and many more. The main responsibility of your criminal defense lawyer is to present your case in such a way that you either get rid of all the charges or get your penalties minimized. Experience always matters and a seasoned criminal defense attorney knows the criminal justice system a lot better than a newbie.



Let’s have a look at the prominent benefits of hiring an experienced criminal defense lawyer:

Better understanding of legal procedures
Through years of practice and legal representations, an experienced criminal defense attorney has a better understanding of how things work in the legal system. Dealing with different kinds of cases gives him a fair idea about what impacts the decisions, severity of charges, plea offers, potential strategies of defense and what to expect from the judge or the prosecutor. Understanding the legal procedures in context to your case is an important step for building a strong defense strategy. 

Better assessment of consequences
An experienced criminal defense attorney can evaluate the consequences that you may face owing to your criminal charges. For instance, if you have been charged with DUI, reviewing your circumstances, the attorney can alert you about the potential range of penalties. Experience can also predict which plea deals are going to surface in your case and what could be the possible outcome. Certain cases might have a long term impact on your life while some may ruin you job prospects. Anticipation of possible consequences is essential for fighting a case. 

Established reputation and track record
Good track record and reputation of an experienced attorney reflect his skills and ability to protect the rights and interests of his clients. His track record signifies his success rate. Having a background check before hiring a lawyer can help you in hiring the best lawyer for your case. Reputation and a noteworthy track record depend mainly on client satisfaction, success rate and skill set of the lawyer, and a reputed attorney would help you the best in getting out of the trouble as quickly as possible. 

Integrity and trust
Integrity and trust are two important attributes of an attorney that strengthens with experience. When you hire an experienced criminal defense attorney you trust him for doing the job correctly. You also trust him with your documents or facts that the attorney must keep confidential. When the stakes are high, instead of putting your faith in an unproven lawyer it’s better to hire an experienced one who can take care of your case and defend you in the best possible way.

Wide area of practice
Every criminal case differs in some way or other even if the charges and circumstances look similar. Years of practice brings experience of handling a variety of cases which ultimately widens the area of practice. Criminal charges are often tricky and in some cases dealing with them becomes difficult for an inexperienced lawyer, no matter how much knowledge he has garnered from journals. Experience renders a great knowledge base and the ability to analyse different types of cases well, so that appropriate defense strategies can be formulated. 

Devotion and Perseverance
An experienced attorney with a good track record is bound to be devoted to your case. He would also try to strengthen his reputation by adding one more success story to his portfolio and this would certainly work in your favor. Perseverance is another attribute that comes with experience. Determination and tenacity to have a verdict in client’s favor develop over time. Thus, if you hire an experienced lawyer, you can expect substantial devotion and determination on his part while solving your case.

Taking all these points in view, it can be stated that experience should be one of the prime criteria while hiring a criminal defense attorney, as it could efficiently increase your chances of winning the case.   


Monday, July 25, 2016

How to Fight a Traffic Ticket without a Lawyer?

Getting a traffic ticket doesn’t always mean that you have to lose your money for either paying off the fine or hiring a lawyer to fight it. If you think that you weren’t at fault and are stuck in a tricky situation or you simply don’t want to add points to your license, you can defend yourself even without a lawyer. It may sound a little tedious if you aren’t well versed with the laws and appeals, but, sometimes, putting some effort can pay off really well. All you have to do is some research, gather information and follow certain systematic steps as per the law of your state to get your traffic ticket dismissed. However, although it is possible to get your ticket dismissed, going to court and dealing with the legal procedures might be quite stressful. If you are wondering how to fight a traffic ticket without a lawyer, here are some tips that could help you:


Remain Composed
Always stay calm and composed during a traffic stop as well court hearing. Maintain a respectful attitude towards the prosecutor. Its important to be positive and have a professional attitude in the court during hearing. Attorneys always try to trick you to get a desirable statement from you. Thus, showing hostility towards any question may bring you unfavourable outcomes.

Gather Information
Mostly, the state law gives you some time to prepare for the court hearing. Utilise the time to prepare yourself. Research about the laws and legal procedures so that you can point out if there was any misconduct on the part of law enforcement officials. Find out laws that might work in you favour and know how to use them.

Prepare Yourself
While representing yourself in the court you must remember that you are facing an expert. Thus, prepare yourself accordingly and never appear in the court without devising your exact line of defence. A pro defendant is usually allowed to testify in a slightly different manner which includes a direct speech to the judge. Thus make sure you prepare your speech well and do not fumble in the court while speaking. Keep your speech devoid of emotions and practice it well.

Answer Wisely
Frame your answers wisely before saying. Avoid answering the questions that haven’t been asked and don’t give unnecessary inputs. Saying too much could land you in trouble as professional lawyers know very well how to turn your words against you.

Dress Appropriately
Always remember first impressions last long. A number of people ignore this fact and arrive at the court dressed like they are going to a beach. At least you must wear business casual for a court appearance. People who appear professional and behave like they are in the court to conduct business usually impress not only the judge but the prosecutor as well. And, a prosecutor decides whether he wants to offer you a ‘deal’ or not.

Present Your Conduct as a ‘Mistake of Fact’
The judge might consider that the circumstances were beyond your control, if you can prove it well. If you prove that the error was an honest and reasonable one, the judge might conclude that you made a “mistake of fact” and dismiss your ticket. For instance, you can say that you failed to stop before the pedestrian crosswalk markers as they were faded and not clearly visible. You may also claim that you didn’t get a fair notice about the conduct that was expected of you. For instance, the judge might dismiss your ticket for running a brand new stop sign.

Show that Your Conduct was Intended to Avoid Harm
You can also get your traffic ticket dismissed if you can prove that you were forced to violate the traffic law to avoid an immediate and serious danger for yourself or others. For instance, you can say that you were speeding to escape an out-of-control truck heading your way.

Getting a traffic ticket dismissed in Colorado isn’t always that easy, as the state is quite strict in enforcing traffic laws. But if you know a few facts you can fight a traffic ticket even without a lawyer. You can also get a free consultation from the best traffic ticket lawyer in Colorado, who can guide you well in your venture.

Monday, June 13, 2016

What to do When You are Involved in a DUI Car Accident

Involvement in a DUI car accident could land you in serious trouble. Apart from legal penalties, the charges and legal procedures could be quite distressing mentally as well financially. Conviction in such cases may lead you to heavy fines or jail sentence and a criminal record that stays with you. However, you can defend yourself in such cases even if someone was injured or died. You just need to have an understanding about the accident conditions, legal proceedings and penalties that you might face and you can prevent the DUI charges from ruining your life. It is very important to know your rights pertaining to DUI charges so that you can decide your course of action immediately. Also, driving under the influence doesn’t always mean that the accident was your fault. 

Here are the 10 essential steps you must take to defend yourself after DUI car accident:


What to do When You are Involved in a DUI Car Accident


Call for Medical Assistance
Following a DUI accident, the first and the foremost thing to check is that if there is any injury or not. If anyone is hurt, you should immediately call for emergency medical aid. Also, report the status of those having injuries in the best possible way.

Report the Accident
Informing the concerned authorities about the accident is important. As per some of the state laws, all the accidents leading to physical injury or substantial property damage must be reported. If you are unsure about the law of your state, better call 911 and report the accident. 

Avoid Refusal to Tests
When suspected for DUI, the police usually asks you to take breath, chemical or field sobriety test like walk and turn, horizontal gaze and standing on one leg. You can, of course, refuse to take the test and there won’t be any legal punishments for refusal but you would be ticketed for non-compliance. This may subject you to criminal or administrative penalties. Thus it’s best to cooperate with the tests. 

Consult your Attorney before making Statements
In DUI cases involving car accidents, you must avoid making written or oral statements to the police officers before consulting your attorney. In case the authorities suspect you as the cause of the accident or for DUI, you can consult your attorney before giving out any statements. 

Avoid making statements to victims     
It best not to make any written or oral statements to the victims as well as witnesses. Even a simple statement like “I am sorry” could lead you to trouble because in the court it sounds like you are admitting your fault. However, in some states, expressions of regret are excluded from the evidence and if a state doesn’t have any such law, the judge may do so if he or she wishes to.

Avoid Leaving the Scene
In such cases, never leave the scene. Be present at the accident scene, especially, if there is another vehicle or a victim involved. Leaving the scene might trigger a claim of felony hit and run.   

Click Pictures
Take pictures of the vehicle as well as accident scene with your camera or cell phone having camera functionality. These could lead you to evidences that might work in your favor.   

Note down the details of Potential Witnesses
At the accident scene, you must jot down the names, phone numbers and addresses of all the potential witnesses. This might be helpful if you believe that the accident wasn’t your fault. The information might not be in the police report and in such cases you can help yourself by contacting such witnesses. 

Record your own Version of the Accident
Noting down your own version of what exactly happen could be quite helpful. Also note the date and time when you write. Mention “Confidential: Attorney-Client Privileged” over such statements and do not show it to anyone except your attorney. Mailing a copy of the statement to yourself is also a good idea to retain a postmark with the date on it.  

Find out the Property Owners
In case you hit a damaged private property or an unattended vehicle, try to find out who is the owner of the property or the vehicle. 

Charges for DUI car accident could pose a permanent impact on your personal as well as professional life. To get rid of such charges as soon as possible and to prevent it from jeopardizing your life, consult an experienced Denver DUI attorney immediately who can review your case and provide good legal assistance to protect your rights and interests.



Thursday, May 12, 2016

Know How to Seal your Criminal Records in Colorado

Your personal or professional life could encounter a substantial hitch if any of your past criminal records pops up while someone is doing a background check on you. If you were charged with any criminal offence at some point of time, it may jeopardize your chances of getting a good job or obtaining a bank loan. However, everybody deserves a second chance and to remove such obstacles from your way, let consult an experienced lawyer to seal criminal records that all you need. 

How does a Criminal Record Affect your Life?

If you were ever arrested or convicted for a criminal offense, a criminal record surely exists for you which anyone can access. The same could also be true in case of unfair suspicion pertaining to illegal activities. Sometimes even a minor brush with the law could taint your future. Some criminal records create prohibitions for you where you lose certain privileges and benefits like serving on a jury or having the right to vote


Criminal Records that can be Expunged or Sealed

Although not all cases can be sealed, there are many which are eligible to be removed and, subsequently, cannot be accessed by conventional means. Your criminal records that can be expunged only if, you were previously acquitted, but were found ‘not guilty’ post trial or adjudicated as a juvenile delinquent or were arrested but no charges were filed against you. Offenses which involve controlled substances can be sealed following a waiting period, which further depends on the level of offense. Criminal records pertaining to convictions for municipal and petty offenses are also eligible to be sealed.  


Criminal Records that Cannot be Sealed

Certain convictions are not eligible to be sealed so you must check out your eligibility before filing petition for sealing of records. The ineligibility criterion includes:
· Records which include conviction on DUI (Driving Under Influence) or DWAI (Driving While Ability Impaired).
· Conviction for an offence having a factual basis of unlawful sexual behaviour.
· Class 1 or 2 misdemeanor traffic offense or class A or class B traffic Infraction.
· The offences related to a CDL (Commercial Driver’s License). 



How Sealing Differs from Expungement?

Although a sealed criminal record is inaccessible by normal means, it still exists. Legally you can deny the existence of such records, but they could be unsealed by some entities if the court orders for the same for public interest. However, expungement completely wipes out your records, leaving no evidence of your arrest or conviction anywhere. Under expungement the records are permanently destroyed and, even by the court order, are never made available to anyone. Although expungement sounds much better than sealing, you don’t always have an option for the former. Certain cases are only eligible to be sealed and not expunged, whereas, some states do not at all offer expungement. Now if you are wondering “whether my criminal record is eligible for sealing or expungement”, you can straightaway get in touch with a Denver lawyer to seal criminal record and proceed towards the right option. 

How to Seal your Criminal Records

If you are eligible for sealing your criminal history, contact Denver Lawyer to Seal your Criminal Records is the first step, as the job is quite complex.

· A petition must be filed in the district court where your criminal records are located. A separate petition needs to be filed for each case along with the payment of appropriate fees.
· The petition can be filed only if three or more years have passed since the date of final disposition of all criminal proceedings against the defendant or if the defendant has been released from supervision concerning a criminal conviction for three years or more; whichever is later.  
·  All the criminal justice agencies, having a copy of your criminal record, must be specified in the petition.
· Subsequently, a hearing date is set by the court and the agencies listed on the petition will receive a notice for the same. 
· A skilled lawyer to expunge criminal records could convince the court in your favor so that the court orders to seal or expunge your criminal records.

How Sealing of  Criminal Records Helps?

Criminal records could impact your life severely as many employers or institutions hesitate or don’t prefer to have people with such records. Sealing of criminal records makes your endeavors like housing or employment hassle free. Also, your records cannot be accessed by educational institutions or state or local government agencies. However, sealing does not remove your records from the FBI’s records, but your potential employer or the bank where you applied for a loan gets nothing to stop you from proceeding. When the records are successfully sealed anyone who investigates about you regarding any criminal history will get the result “no such record for that person present.” The procedure might be a little tedious, but under the guidance of a proficient lawyer you can clear out the hurdles that are blocking your way to success.