Proposal Would Allow Use of Special Devices to Identify Drugged Driving

Posted on: July 1, 2015 by in DUI
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Denver DUI defense attorneysIn California, lawmakers are currently considering a proposal that would involve the use of a drug detection device. The device would allow police officers to conduct a simple test on motorists to determine the presence of drugs in their system. Under the law, officers could administer the drug-detection test to drivers who they believe are driving under the influence of pot. Those drugs could include everything from marijuana, to cocaine.

Under Assembly Bill 1356, a California law would be changed to state that a motorist has already given his consent for the use of chemical tests of blood or saliva. Law enforcement officers would be allowed to use the device to test a saliva sample from a motorist. The results of the tests will be available almost immediately, and are believed to be more than 90% accurate.

There are concerns with the use of the device that will resound here in Denver. DUI defense attorneys are already very concerned about how the device’s test results will be considered while determining the intoxication level for an arrest.

The California Organization for the Reform of Marijuana Laws has pointed out that there is no established scientific evidence to show that the use of oral saliva swabs to conduct drug testing, is completely reliable and accurate.

If you were arrested for driving under the influence of alcohol or drugs, speak with a Denver DUI defense attorney.

Colorado Foster Care System Failing Youth

Posted on: June 29, 2015 by in Criminal Defense
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Denver criminal defense attorneyThe foster care system in Colorado has been heavily criticized as failing its children. The data seems to support this fact. According to data by the Colorado Department of Human Services, only approximately 208 of all foster care students will actually graduate from a Colorado high school. In contrast, 38% of all foster care students between the age of 16 or 19 will be jailed for a crime.

By the age of 19, foster youth in Colorado’s foster care system are much more likely to have a criminal conviction on their record, than a high school diploma.

When it comes to Colorado minorities, the picture is even bleaker. Blacks, and Hispanics who went through Colorado’s foster care system are much more likely to be arrested and convicted for crimes. If you were arrested for a crime as a juvenile, speak with a Denver criminal defense attorney.

Children, who have been processed through the system, say that living in these homes, increases their chances that they will get in trouble with the law, and be arrested and convicted. A juvenile conviction stays on these person’s records, and significantly impairs their chances of having a successful and productive life as adults.

Nationwide, the statistics are not much better. Children who were processed through the foster care system were approximately 10 times more likely than children who were not, to spend time in jail.

If you were arrested for a juvenile crime, discuss your legal options for a defense for the Denver criminal defense attorney.

What Kind of Behaviors are Considered Harassment?

Posted on: June 19, 2015 by in Criminal Defense
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Denver criminal defense attorneyHarassment charges, in most cases, are treated as misdemeanor charges, but it is important to retain a Denver criminal defense attorney to defend against these charges.

Often, people who face charges of harassment are not even aware that they were doing something wrong. For instance, you can be charged with harassment if you had any intention to harass or alarm a person, or if you touched another person when the other person regarded this as unwanted contact. If you are using obscene language in public, or gestures, this can be classified as harassment.

If you have been engaged in any kind of harassing behavior with a person on a social media network, or on telephone, or any form of the Internet, you can face harassment charges. If you have engaged in any kind of interaction with another person that was marked by insults, or taunts, or any kind of behavior that could provoke an undesirable response or violent response from the other person, then you could face charges of harassment.

If you’re currently facing charges of harassment, get in touch with an experienced Denver criminal defense attorney immediately. Don’t assume that these charges are minor, because they are filed as misdemeanors. A conviction could result in you facing as many as six months in jail. Schedule a consultation with a Denver criminal defense attorney immediately.

Classifications of Felony Crimes in Colorado

Posted on: June 17, 2015 by in Criminal Defense
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Denver criminal defense attorneyWhen you’re charged with a felony, know that you’re facing some of the most serious charges. Felonies in Colorado are typically classified between class I and class 6. There is also a wide range of penalties that apply, depending on the class of your felony.

Typically, felony offenses that are charged as class 4, class 5 and class 6 felonies come with stiff sentences, including hefty prison terms. These charges are typically filed when the crimes involve child abuse, aggravated robbery, or drug crimes.

  • A class 6 is regarded as the least severe type of felony that you can be charged with, and a conviction could lead to a prison sentence of up to 18 months in prison.
  • A class 5 felony could lead to a sentence of between one and three years in prison, and in the case of extraordinary risk crime, a sentence of up to four years.
  • In a class IV felony, a conviction can be punished with between one and 12 years in prison, or in the case of extraordinary risk crimes, up to 16 years.
  • In a class III felony, sentences could range from between two and 24 years in prison for a conviction, or up to 22 years for an extraordinary risk crime.
  • In a class II felony, a conviction can lead to a prison term of between four and 48 years in prison, while a class I felony is considered the most serious category, and punishment involves life in prison or death.

If you are facing any kind of felony charges for drug crimes, aggravated robbery, child abuse, assault, kidnapping, or certain types of sex crimes, get in touch with a Denver criminal defense attorney immediately. Since these crimes are so serious, it is important to call a Denver criminal defense attorney as soon as you are charged.

Challenges Involved in Child Abuse Cases

Posted on: June 15, 2015 by in Criminal Defense
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Denver criminal defense lawyersThe term “child abuse’ under Colorado law can include different forms of injury or harm to a child. These can include physical injury, sexual assault, verbal injury, and a number of other different types of abusive behavior. In a domestic violence situation, you can be charged with child abuse if a child witnessed your violence altercation. In many cases, charges are filed during a divorce battle or any other kind of family law dispute.

Very often, it is parents who are charged with these crimes. These are emotionally charged crimes, and unfortunately, very often, the tendency is to blame the parents, rather than to investigate the facts of the case.

If you are facing these charges, you’re very likely to find that those in your close personal or social circles believe the charges against you, or at least begin to have doubts about your character. You will find that these charges sour your social and interpersonal relations, and also impact your job.

As soon as you face charges of child abuse, get in touch with a Denver criminal defense attorney immediately. Don’t get argumentative and aggressive with child protection officers, social service offices, or with law enforcement.

If you are charged with these crimes, get legal counsel on your side. Denver criminal defense lawyers find that these investigations very often insensitive, and emotionally traumatizing. It’s important to have a lawyer on your side who is well-versed in child abuse laws, and can help you protect your legal rights.

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How to Prevent DUI Involving Others

Posted on: June 12, 2015 by in DUI
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DUI attorney in DenverIf are you out with friends, and see your friend getting behind the wheel of the car in a possibly impaired condition, don’t look the other way. Act to prevent a DUI arrest, or possibly a drunk driving accident.

Often, people don’t realize that they’re legally intoxicated. They may overestimate their capacity to handle alcohol, and may believe that a couple of alcoholic beverages can have no impact on their system at all. It’s only later when they’re pulled over by a police officer and arrested for DUI that they realize that they weren’t as sober as they thought after all.

Try to prevent these situations by making arrangements for friends to get home safely even before your evening out. Designate a driver, or make arrangements for a pickup service. If you see a friend trying to drive while drunk, gently, but firmly, inform him that you cannot allow him to do so. Tell your friend that you are doing this for his own good, that you care about his safety.

Prepare for some aggression or belligerence from your friend. Alcohol does impair a person’s judgment, and your friend might be angry with you. However, remain firm. If possible, and if you are sober, drive him home.

If you are arrested for DUI, get in touch with a DUI attorney in Denver. It’s important to talk immediately to a lawyer to protect your rights. Call immediately to speak with a DUI attorney in Denver.

Court Ruling Would Allow License Suspension Even without Strong Evidence

Posted on: June 10, 2015 by in DUI
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Denver DUI defense attorneyIt is a ruling that is likely to have motorists in California worried. A new ruling by the Supreme Court rules that mere circumstantial evidence is sufficient to determine that a person is legally intoxicated. According to the ruling, the Department Of Motor Vehicles can suspend a person’s driving privileges based on an officer’s observations at the scene and other circumstantial evidence.

The ruling came in a case involving a woman, who sued the state Department Of Motor Vehicles after having her license suspended. That license suspension came after she pleaded guilty to a wet reckless charge. The arrest came after a police officer pulled her over on suspicion of drunk driving, and noticed several signs of intoxication, including red eyes, and a strong smell of alcohol.

The woman denied that she had drunk any alcohol, and about one hour later, when her breath alcohol was measured, she measured at approximately.08%. Three minutes later another test showed a blood-alcohol level of .09%, while tests conducted later showed a blood-alcohol level of .095.

The woman argued that the blood-alcohol level was below the .08 percent threshold when she was arrested, and therefore, her license suspension was invalid. However, the Supreme Court has now ruled that the circumstantial evidence could be used as the basis for license suspension.

If you are arrested for DUI, speak to a Denver DUI defense lawyer immediately. You face penalties that can include license suspension and even jail time. Call for a consultation with a Denver DUI defense attorney immediately.

Penalties for Hit-And-Run or Leaving the Scene

Posted on: June 8, 2015 by in Criminal Defense
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Denver criminal defense attorneySoon after an accident, motorists involved in the accident are required to exchange contact information. In some cases however, one of the motorists may leave the scene of the accident. In such cases, he may face charges of hit-and-run or leaving the scene of an accident.

These charges are sometimes also called Failure to Report an Accident, and if you have left the scene of an accident after a collision, there are different types of charges that can be levied against you.

Charges against you can be classified as a misdemeanor or a felony. Depending on the situation, penalties can include a suspension of your license or an automatic revocation of your driver’s license.

You don’t necessarily have to be the driver of the car involved in the hit-and-run, to face charges. Passengers can face charges under certain circumstances. Other possibility potential penalties can include a jail sentence.

The penalties often depend on the type of the accident. For instance, if your hit-and-run accident involved an injury, you are likely to face a class I misdemeanor offense charge which come with a jail sentence of up to one year. You would lose your driver’s license if convicted.

However, if you leave the scene of an accident that has resulted in death, then you face Class III Felony Offense charges. If convicted, you could spend up to 12 years in prison.

Even if you have left the scene of an accident, there may be possible defenses that can be used in your case. Speak to a Denver criminal defense attorney about these. Make no mistake – these charges are extremely serious. Schedule a consultation with a Denver criminal defense attorney today.

Is It a Good Idea to Plead Guilty to a Lower DUI Charge?

Posted on: June 5, 2015 by in DUI
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Denver DUI defense attorneySoon after you have been arrested for DUI, you are likely to feel very anxious. If this is your very first DUI, then you have no experience with how the justice system works, and you probably just want to get the entire thing over and done with. If you were arrested for DUI, speak to a Denver DUI defense attorney.

If, for instance, the prosecutor offers you a plea deal under which you plead guilty to charges of Driving While Alcohol Impaired, and in exchange, receive no jail term, you may be likely to jump at the chance. What should you do in a situation like this? You may not really want to immediately jump at a plea deal, even if it seems like an attractive offer. After all, you can avoid a jail term, and this is the one thing that most people, who are facing DUI charges, dread the most.

However, it’s also important to understand that the prosecutor probably does not have that much evidence to convict you of DUI. It’s not that easy to establish that you were legally intoxicated and driving under the influence of alcohol. You may therefore, not want to immediately accept a plea deal, assuming that you do not have any other choice.

Speak to a Denver DUI defense attorney, and go through all of your options, including any plea deal offer, before you decide to go ahead and accept any agreement. Remember, even a DWAI guilty plea will remain on your record, so it’s best not to be hasty.

Dealing with Police Officers: The Do’s and Don’ts

Posted on: June 3, 2015 by in Criminal Defense
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Denver criminal defense lawyerIn the light of the recent outrage at police brutality and police misconduct across the country, Denver criminal defense lawyers believe that it is more important than ever for people in Denver to be aware of their rights when accosted by police, as well as the right way to behave, when they are pulled over by officers.

Remember these dos and don’ts, when you are approached by police officers.

Do:

Exercise your right to remain silent. This is an important civil right that you have. Don’t give statements to the police, believing that if you confess to anything, the cops will go easy on you. That will not happen at all. Anything you say will be held against you in a court of law.

Do be polite and courteous. There is nothing to gain from being aggressive, rude or hostile.

Do use your common sense. Police may try to make you compromise yourself, by using pointed questions. For instance, they may goad you into confessing, by telling you that they already know what you did or that your partners have confessed. Stay silent, and avoid being suckered into making the situation worse.

Don’t:

Run away from the scene. This could actually turn out to be a major piece of evidence that can be used against you in court.

Get aggressive or hostile.

Start talking too much, just to get away from the scene. Everybody feels uncomfortable when they are confronted by a police officer, but it’s important for you to keep your wits about you, and remain calm.

If you were arrested for ac crime, speak immediately to a Denver criminal defense lawyer, and identify your legal options for defense.