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.

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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. 

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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.   

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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.

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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:

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.

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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. 

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