Showing posts with label Colorado Criminal Attorney. Show all posts
Showing posts with label Colorado Criminal Attorney. Show all posts

Friday, November 3, 2017

Avoid Making These Mistakes if You Are Charged With DUI

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

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

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

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.

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.