Four DUIs Will Qualify Persons for Felony Charges

Posted on: July 30, 2015 by in DUI
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DUI defense attorney in DenverA new law that was recently signed into by Governor John Hickenlooper strengthens penalties, for second and third DUIs, and also establishes a fourth-time DUI as a felony. The bill was defeated several times over the years in the Colorado state legislature, but recently passed.

Under the bill, a person who convicted of a second DUI offense will be required to have an ignition interlock device installed in the vehicle, that will prevent them from operating the vehicle if they are under the influence of alcohol. They device may have to be installed for as long as five years.

For a person convicted of a third time DUI offense, community corrections penalties will apply. If a person is convicted of a fourth time DUI, he will be charged as a felon.

The bill failed several times in the state legislature primarily because of its cost. It is believed that the bill will cost at least $4 million in implementation expenses in 2016, because of the higher numbers of people who will now go to prison, after being charged as felons for multiple DUI convictions.

Being charged with a crime for multiple DUI convictions is a very serious matter. If you have been arrested for yet another drunk driving offense, speak with a DUI defense attorney in Denver about your legal options for defense.

What Is Bail?

Posted on: July 25, 2015 by in Criminal Defense
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Denver criminal defense lawyerIf your loved one has been arrested, get in touch with a Denver criminal defense attorney immediately, and learn how bail can be posted. The person is very likely eligible for bail. The only condition is that you post the required amount that has been set for bail. That amount can be posted by a family member. In the absence of a family member, a friend can do the needful.

The bail amount is typically linked to the severity of the charges filed against the person, and is meant to serve as security that the person will return to court later when he is required to for legal proceedings. Apart from the severity of the charges against the person, judges may consider a number of other factors, including the weight of the evidence against the person, criminal history, character, and financial circumstances. Bail also allows the person to begin to prepare his legal defense to the charges against him.

If your loved one has been arrested on any charge, get in touch with a Denver criminal defense lawyer immediately. In most cases, your loved one will be eligible for bail, which must be posted as quickly as possible. Speak to a Denver criminal defense lawyer, and start bail procedures immediately.

Penalties for Misdemeanors in Colorado

Posted on: July 24, 2015 by in Criminal Defense
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Denver criminal defense attorneyUnder Colorado law, crimes are typically classified as felonies and misdemeanors. Certain charges are classified as misdemeanor charges, and in contrast to felony charges, misdemeanors do not immediately result in imprisonment. Misdemeanor charges are considered less serious than felony charges. That, however, doesn’t mean that you take these charges lightly.

Under Colorado law, misdemeanors are classified into three groups. A class I misdemeanor could result in a possible sentence of between six and 18 months in a county jail. A class II misdemeanor would result in a county jail sentence of between three and 12 months, while in the case of a class III misdemeanor, you may spend between 0 to 6 months in county jail. Penalties for misdemeanors can also include fines.

However, in some cases, a class I misdemeanor may be classified as an “extraordinary risk” misdemeanor. In these cases, the sentence that can apply could be increased to between 6 and 24 months in a county jail.

There are so many differences in the way misdemeanor cases are processed, compared to felonies. For instance, these cases are typically tried in a county court, not a District Court. However, all the other consequences that apply to a criminal conviction, like those that affect employment prospects, could also apply to a misdemeanor conviction. In other words, don’t take these charges lightly. If you have been charged with a misdemeanor crime, speak to a Denver criminal defense attorney immediately to ascertain your legal options for defense. Schedule a consultation with a Denver criminal defense attorney immediately.

Colorado Supreme Court: Employers Can Fire Workers for Failing Drug Tests

Posted on: July 22, 2015 by in Drug Crimes
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Denver criminal defense lawyerThe Colorado Supreme Court recently ruled that zero-tolerance drug policies used by employers take precedence over any medical marijuana laws in the state. The Supreme Court 6-0 decision confirms that employers and businesses have the right to fire employees who fail marijuana tests, even if the marijuana consumption was off -duty. The ruling comes as a major blow to medical marijuana patients in Denver, who use the drug for control of pain and other problems.

The decision came in a case involving a young man who suffered paralysis after a serious car accident. He got a medical marijuana card, and used marijuana when he was off duty to control pain from his injuries. He was fired when he failed a job drug test, and filed a claim against his employer, claiming that his drug use was due to a medical reason, and that it was legal under Colorado law.

A trial court as well as an appeals court in Colorado upheld his termination. The Colorado Supreme Court has now affirmed the lower court rulings.

The Supreme Court decision once again spotlights the frequent conflict between state laws and federal laws. Employees who use pot while off-duty will find that federal laws against drug use and possession will take precedence over state laws that allow medical marijuana use.

If you have been arrested on a drug crime charge, speak to a Denver criminal defense lawyer. These are serious charges and penalties can include prison time. Talk to a Denver criminal defense lawyer immediately.

Spotlight on Racial Inequities in Bail System

Posted on: July 17, 2015 by in Criminal Defense
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EqualityCritics of the bail system believe that this is a system in which the defendant is first punished with the imposition of bail that he simply cannot afford, and only then allowed to go to trial. That kind of discrimination specifically impacts minority groups like African-Americans, who often find that they are unable to cough up the thousands of dollars that are set as bail.

One incident that bought into the spotlight the impact of a heavy bail amount on a person of a minority group, occurred during the racial unrest in Baltimore. A young black man, who was arrested during the rioting, was slapped with a bail amount of $250,000. He had no history of violence.

That extraordinary case has spotlighted the fact that in many states across around the country, bail amounts are very often spiked to unreasonable heights, making it impossible for defendants to post the bail, and ensuring that they continue to be incarcerated. States are taking action to fix the system. In Colorado, recent measures will undertake a complete overhaul of the bail system. The Department Of Justice is also considering a civil rights lawsuit which contains a challenge to bail amounts, purely based on the charge. For answers to questions about bail in your case, talk to a Denver criminal defense attorney.

When a person cannot afford to pay the bail amount and spends even a couple of days in prison, it leads to trauma and incredible stress for the entire family. These persons are unable to go to work, and that means loss of paychecks for persons, who are already poor and cannot afford it.

If you were arrested for a crime, speak immediately to a Denver criminal defense attorney about your rights.

When are Charges of Criminal Mischief Filed?

Posted on: July 15, 2015 by in Criminal Defense
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Denver criminal defense attorneyCharges of criminal mischief can be filed either as felony or misdemeanor charged, and these charges are typically filed when a person knowingly and willingly damages property belonging to another person. That property could be either public or private property, and could even include property that is owned jointly by the defendant.

A number of acts of vandalism, including defacement of walls, slashing of tires, smashing of windows, and other acts of vandalism can all be charged as criminal mischief.

The penalties for a conviction of criminal mischief, typically depends on the value of the damaged property. If the value of the damage property is below $500, then you may be charged with a class II misdemeanor, and the penalty could include between three months and a year in jail, and between $250 and $1,000 in fines.

If the value of the damaged property is between $500 and $1,000, you may be charged with a class I misdemeanor, and penalties can include between six and 18 months in jail, and fines of between $500 and $5,000.

When the value of the damaged property is between $1,000 and $20,000, the charges are bumped to class IV felony charges, and a conviction could result in a sentence of between 2 and 6 years in prison, and fines of between $2,000 and $500,000.

If you are currently facing charges of criminal mischief, know that these charges are very serious, and a conviction can remain on your criminal record. Get in touch with a Denver criminal defense attorney for legal advice. For help with legal defense after being charged with criminal mischief, speak to a Denver criminal defense attorney.

What to Do When You’re Pulled over by a Cop

Posted on: July 13, 2015 by in DUI
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Denver DUI defense attorneyOften, when officers stop a motorist, it is specifically to see whether the person is driving under the influence of alcohol. That is especially true if you are stopped when driving late at night. The officer may have pulled you over on the pretext that you did not use a turn signal, or have a broken tail light, or any other such excuse. However, the main purpose of pulling you over could be to check if you are driving under the influence.

Even if you do not believe that you are intoxicated, you may be showing certain signs of intoxication that the officer is specifically looking for. These include blood shot eyes, slurred speech, and the smell of alcohol coming from you. The officer will take this chance to conduct a visual scan of your vehicle, to see if there are incriminating pieces of evidence, like open containers of alcohol.

If you’re feeling slightly buzzed, and aren’t exactly sure how to respond to the officer, the best thing to do is keep silent. The more you talk, the more likely it is that you will say things that will incriminate you.

Silence is the best policy when you’re pulled over by a police officer. If you are arrested for DUI, you have the right to a Denver DUI defense attorney. Use that right. Talk to a Denver DUI defense attorney immediately.

Restricting Gun Access for Alcoholics Could Help Prevent Firearms Violence

Posted on: July 10, 2015 by in Criminal Defense
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criminal defense attorney in DenverAccording to a new study conducted by the University Of California Davis Violence Prevention Research Program, restricted access to firearms for people who have a history of abusing alcohol, could lead to a drop in the rates of firearms crimes.According to the researchers, there are approximately 8.9 million to 11 million firearm owners who drink heavily. Heavy drinking and binge drinking are much more common among gun owners, than in the general population. In fact, according to the research, for males, the rate of alcohol-linked fatalities from firearms violence is just as high as the number of drunk driving accident fatalities.

The researchers analyzed earlier studies on binge drinking, and links to firearm access, including firearm violence. They found that the current policies that restrict access to guns for people, who have an alcohol abuse problem, are not very effective in helping prevent crimes. The study found that policies that limited access to guns for people who had several prior convictions for alcohol offenses, like drunk driving were ineffective in helping reducing access to firearms for these people.

Gun crime -related charges in Colorado can span the gamut from possession, to violent use of firearms. Often, federal and state laws relating to gun use conflict, and there are several legal questions that may arise from such a conflict. If you have been arrested on a gun crime-related charge, speak to a criminal defense attorney in Denver.

Possible Defenses for Hit-And-Run in Denver

Posted on: July 8, 2015 by in Criminal Defense
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Denver criminal defense attorneyHit-and-run or leaving the scene as these crimes are also known as in Denver, are very serious crimes, and these charges come with stringent penalties attached. Don’t make the mistake of thinking that leaving the scene of an accident, is a light matter, and will be treated as a minor issue.

If you are arrested for hit-and-run however, it doesn’t mean that your case is entirely hopeless. There are legal defenses that can be used in your case. For instance, for you to be convicted of hit-and-run, it is important for you to be driving the car at the time of the accident. If you were not driving the car, there may be ways that your attorney can use this to get the charges against you lowered.

Sometimes, leaving the scene of an accident, is something that a person does without even knowing that he hit someone. Say for instance the accident occurred at night, and involved a pedestrian who was wearing dark clothes, and walking on a dimly lit road. In such a case, a motorist could hit a person in the dark, and not even realize that an accident had occurred. An attorney can try to use the defense that the defendant did not even know that an accident had occurred when he drove away from the scene.

If you were arrested for a hit-and-run, get in touch with a Denver criminal defense attorney. These charges are serious, and penalties could include a prison sentence.

Schedule a consultation with a Denver criminal defense attorney today.

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Supreme Court Rules Threatening Messages on Facebook Don’t Constitute Violent Threat

Posted on: July 6, 2015 by in Criminal Defense
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Denver criminal defense attorneyThe United States Supreme Court in an important ruling recently ruled in favor of a man, who posted violent and threatening messages on Facebook against his ex-wife. The man had been convicted of making a threat against his wife, but the Supreme Court has ruled that the evidence that was presented was not sufficient to convince the court that the man should be convicted based solely on the possibility that his violent messages could be taken as a threat.

In other words, the Supreme Court believed that the man was convicted under a legal standar, that was simply too low to convict him, but the Court fell short of defining to Denver criminal defense attorneys, what kind of boundaries a person should actually cross in order to be convicted of making threats.

In this particular case, the man began posting the threatening messages on Facebook after his wife left him. He, however, claims that he is a rapper and he found therapeutic value in posting these one-line poems, and other lyrics on Facebook. Some of the messages came across as threatening, and the man, was convicted on a federal threat law. He was sentenced to a 44-month prison sentence. He appealed his conviction, saying that there was no proof that he actually intended to make a threat.

For help protecting your legal rights after an arrest, speak to a Denver criminal defense attorney.