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%.

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.

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.