Thursday, April 5, 2018

Some Exceptional Ways of Reducing a Domestic Violence Charge

“Convictions are more dangerous enemies or truth than lies.” - Friedrich Nietzsche

Justice is served when a guilty man is convicted and an innocent man is not. But, many a times, it so happens that innocent people get accused of crimes they haven’t committed, which is quite sad. Because, even though it might be possible for you to drop the wrong charges by proving so in the court, the consequences start following you right at the beginning, i.e, way before you could prove it otherwise.

Some of the consequences and penalties of a domestic violence conviction in the state of Colorado include issuing of restraining orders, issuing of protection orders, a mandatory arrest, need to attend domestic violence treatment programs or counseling, house arrest, loss of parental rights, loss of employment opportunities, deportation, cancellation of gun rights, payment of fines, supervised on no-supervised probation, and inability to get your record expunged or sealed, among others.

It is said that decisions determine destiny. You are only one decision away from a totally different life. If you have already made a decision to hire a domestic violence defense attorney for your DV charges, here’s something to help you select the best possible domestic violence defense attorney:
  • See how experienced the attorney is. Because experience determines knowledge. And, obviously, you’re looking for a knowledgeable attorney, aren’t you?
  • Next, you should consider the attorney’s style of communication because believe it or now, this is going to be the most dominant factor that will decide your experience with him. Try to choose an attorney that has an open style of communication and not the one that doesn’t seem much interested in listening to you or your concerns.
  • The background of a person determines his credibility. In order to understand the credibility of your attorney, you can take a look at his work portfolio, the kind of projects he had handled, his certifications & awards, and the reviews & testimonials given to him by actual clients.
  • Also, carefully consider the policies that the attorney follows.

Last, but definitely not the least, consider your budget constrains and do not consider an overly expensive attorney as a better choice. 

Tuesday, March 27, 2018

Juvenile Charges in Colorado And What to Expect

Juvenile charges in the state of Colorado are not taken lightly and the consequences that come with such charges are proof for the same. Take a look at some of them:
  • The juvenile offender will most probably lose all or most of his driving privileges if he is involved in a traffic related offense.
  • He might be required to reside in a foster home for a varying period of time. Or he might be detained in a juvenile rehabilitation center.
  • Psychological evaluation will be conducted of the offender, based on which he might be required to attend certain counselling programs, treatments, and classes.
  • Also, he might be put under probation for which he will have to pay a fee as well. This will obviously be in addition to the fines and fees that the offender will need to pay.
  • Moreover, the juvenile offender will have to repay the victim for some relief.
  • Difficulty or inability in taking admissions in good reputed educational institutes
  • Problems might arise in getting jobs, especially in the government sector.
Here are a few facts to make you a little more aware of juvenile laws of Colorado:
  • The minimum age before a juvenile can be charged in Colorado’s juvenile court system is ten years of age.
  • If a juvenile is charged in a juvenile court case, then he will not have any absolute right to bail. If your child has been accused of a juvenile offense. Then a juvenile defense attorney might assist you further in this and help you get your child released with a bail bond.
  • When a minor (a person who is less than 18 years of age) is charged with a crime, he is considered a juvenile and is treated differently than an adult. His punishments are also different than that of an adult. But insome rare scenarios of certain qualifying crimes, a juvenile might be prosecuted as an adult. In such a scenario, he might be given a life sentence as well.
An experienced juvenile defense attorney who has handled thousands of juvenile defense cases and is specially qualified to represent children can provide effective legal representation in juvenile court. He will further suggest the best possible ways to get the criminal record of juveniles expunged or sealed. Moreover, he will be able to assist you and give you all essential information regarding juvenile laws of Colorado.

Wednesday, February 7, 2018

Juveniles Should Avoid Making These Mistakes On Being Charged With a Felony Offense

Felony offenses are serious, even if committed by juveniles. They carry dire consequences, such as:
  • Detention
  • Counseling
  • Heavy fines and fees
  • Psychologically evaluation
  • Anger management programs
  • Loss of driving privileges
  • Residing in a foster home

Here are a few mistakes that you should make sure your as well as your accused child avoids that could make your child’s case weak:
  • Do not assume that all evidence that has been recorded against your child is not prone to any error. Each piece of evidence should be reviewed properly in order to determine whether there are any leaks or errors in the recorded pieces of evidence. A professional juvenile criminal defense attorney can take care of such things as he is well-trained and experienced in doing such things.
  • Letting any police officer speak to your child will only result in further troubles. A police officer or an investigating officer might even get your innocent child to admit to crimes that he hasn’t actually committed. Do not let your child speak to anyone without the presence of you or your defense attorney or both. Make him understand the bad consequences if he speaks with them without your or your attorney’s presence. Further, make him understand that he has the right to remain silent on any misleading or ambiguous or confusing questions asked by any of the officers at any point in time. In such a case, he should politely request the presence of the attorney or you or both.
  • There could be instances when your child’t school disciplinary proceedings could get extremely unfair, to a point that it can become threatening or fearful or abusive to your child. In such a case, you need not be afraid of your child’s school, neither should you support any such behaviors of the school. Immediately seek the help of your defense attorney, he will assist you well in such scenarios.
  • If your child is accused of a felony offense, chances are that he might get arrested and put in jail. In such a scenario, you shouldn’t let everything just go with the flow and rather, seek the temporary release of your child by filing a bail plea. For this, you would be required to submit a number of documents, all of which your defense attorney can handle well.
  • Do not make the mistake of hiring the most expensive defense attorney, thinking of him as the most skilled one. The things that you should consider while hiring a defense attorney include their policies, communication style, experience, skills, testimonials, etc.

Hiring the least expensive defense attorney would also be a mistake that you shouldn’t make. The least expensive attorney would definitely not be the one that will prove to be the most economical. The least expensive defense attorney or the ones that charge too low do not handle serious felony charges and often do not take things seriously since they mostly handle misdemeanor charges.

Thursday, January 11, 2018

Here’s What You Should Do To Effortlessly Fight a Wrongful Traffic Ticket

Are you someone who has been wrongfully handed a traffic ticket for no fault of yours? Being upset or having your blood boil over it would obviously do you no good. And if you think arguing with the officer who handed you the ticket would be of any use, then, leave alone someone else telling you that it wouldn’t, your own conscience would tell you that. Rather, it could additionally make the officer lose his cool and put further charges on you towards creating a hindrance in letting him perform his duty.

Being wrongfully convicted of an offense that you have not committed is surely upsetting, but there are proper legal ways you can fight them. So, dealing with them immaturely could make your case weak. Here are some ways you can effortlessly fight a wrongful traffic ticket:

First of all, you should make a note of these things:
  • The type of the officer’s vehicle, the license plate and the unit number of the officer’s vehicle, the location where you were stopped, the traffic conditions of that place and time, the weather conditions, the clothes you were wearing, and all other possible details which the officer would not have paid attention to. 
  • Be aware of your right to a speedy trial and make sure you exercise it. Do not waive your right to a speedy trial on being asked the same by the court. The court might convince you that waiving it off might give the court more time to understand and settle the case properly, but only consider waiving off this right if you or your attorney needs more time to prepare for the case or else, giving up on this right could hurt your case in many ways.
  • Hire an experienced traffic ticket attorney to understand all possible options that you have to fight your wrongful conviction. You can at least consult an attorney for the same. Most of the defense attorneys offer a free consultation session when you hire them. Since he is a professional, he understands the legal system in much more depth than you could ever. He can present compelling reasons to get your ticket reduced or entirely dropped. Further, he can save a lot of your valuable time by handling the complex and lengthy procedures that would be a part of your case. Most importantly, he will make you aware of your rights and also ensure help you exercise them.
  • Do not think of giving up and paying the fine just to get done with it and escape the long procedures. If you decide to do so, remember that you are unknowingly accepting being guilty of the offense that you have not even committed. Further, there would be points added to your driving license (that would stay there forever) which could make a lot of things difficult for you.

Monday, December 4, 2017

More Than Luck, This Might Get You Out of Your DUI Conviction

“When it comes to luck, you make your own.” -Bruce Springsteen

If you are convicted of a serious DUI charge in the state of Colorado, you would understand well that the problem with drinking and driving is the mourning after. You must have realized your mistake and promised to never repeat it. But what should you do about your current charges? Have you been feeling lost in all the long and complex court procedures that are being followed? Then, you may want to read this.

First and foremost, hire an experienced DUI defense attorney who could represent you in the court, determine whether the investigating or arresting officers have made any mistakes or violated any of your rights, identify flaws in the recorded evidence against you, and make you aware of your rights in order to minimize the consequences and penalties that you might have to face.

Further, remember these 6 absolutely essential points:

  • Do not give any official statement or speak to any officer until your criminal defense attorney is present with you.
  • Do not try to convince your prosecutor in your favor or even speak to him without your defense lawyer being present there.
  • It might be possible that you had very less amount of alcohol (up to the limit which is considered legal), but being a layman, you wouldn’t know such details. One thing you should, however, remember is to never assume that you are guilty of your charge and admit it.
  • Do not rely on the advice of your friend, relative or any other person other than a professional criminal defense attorney. Free advices are far different from professional counseling and you will realize this once you speak to a defense attorney.
  • One more thing to never assume is to think that police officers or arresting officers are perfect people and they wouldn’t make any flaws. Because in reality, they do. A smart defense lawyer can easily identify such flaws.
  • One big mistake you could commit is by resisting your arrest as this is considered as a charge of its own and could be later on, used against you.

Friday, November 3, 2017

Avoid Making These Mistakes if You Are Charged With DUI

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

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

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

Wednesday, October 11, 2017

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

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

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

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

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

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

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

Monday, September 11, 2017

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

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

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

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

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

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

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

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

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

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

Friday, August 25, 2017

Expunged Records Can Save You From Future Criminal Background Checks

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

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

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

Some Places And Situations Where Criminal-Background Checks Happen

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

Want to get your criminal records expunged?

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

Monday, April 24, 2017

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

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

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

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

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

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

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

Various forms of domestic violence -

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

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

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

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

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

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