Specialty – Choose a criminal defense lawyer who concentrates on his specific field of knowledge, that is, managing criminal cases. Don’t think that since the family law attorney you chose to work out your divorce arrived at an outstanding conclusion for you, then he will automatically give the best outcome for the criminal charge you now have to deal with. Family law and criminal law have very dissimilar aspects, and the clauses of the law on particular crimes have their own workings that a divorce lawyer or a general practitioner needs more years of application in that one field for him to figure out. Counsel who revolve around criminal defense have far-reaching experience in defending people indicted with criminal offenses. Most often, they have a firm grasp of the nuts and bolts of criminal cases and can build a defense that takes into account all the facets of the case.
Free Consultation – Meet your soon-to-be criminal defense lawyer. Many attorneys solicit business by marketing within the halls of the law court, saying they are the best and, yes, cheapest counsel you can get. Not only is this habit deemed unprincipled, it is also biased in favor of the lawyer. Previous to signing your name an agreement to foot the lawyer’s fees in exchange for legal assistance, consult with him first. They should, at best, offer a free initial consultation to gauge the strong points of your case and whether he supposes that he is the ideal candidate to stand for you before the justice system.
Credentials – Find out if your criminal defense attorney belongs to legal organizations that set the criterion for moral and satisfactory practice of criminal law. At the very least, he should be a recognized member of the American Bar Association and the State Bar Association. It is better if he belongs to a bar association of lawyers who center mainly on criminal defense. The National Association of Criminal Defense Lawyers should be one of his links, or the State Association of Criminal Defense Lawyers. If he does, then it typically means that he is ready to stake his career in the field of criminal defense.
Leadership – Probe into whether your defense lawyer held positions in the bar associations where he belongs. If he does, then he most probably possesses a good reputation among his colleagues and it will serve you good to have him provide you legal representation. Even a new lawyer fresh out of law school and who just joined the ranks at the state and national bar associations should have a row of offices held in law student associations he belonged to during his law school years.
Stereotypes – Know Your It is important to ascertain your own requirements yourself before you proceed and employ the first lawyer you chance upon on the sidewalk. Lawyers are, regrettably, classified into stereotypes all thanks to the primetime legal serials we are fascinated about. While male lawyers are depicted as high-fliers and their female versions as gentler and more sympathetic, it is not always the case. Their accomplishments should speak for themselves, along with their willingness to build up your case.
Referrals – Ask for referrals from your friends who had encountered the need for a defense counsel themselves. DUI and DWI charges are minor, but they are usually the most carried out misdeeds themselves. Some of your friends and contacts may have tackled DUI and DWI charges without the objective of committing the offense. They may have knowledge a competent criminal defense lawyer whose expertise they can vouch for. If they do, ask them to have you introduced to the defense lawyer and whether you can get a consultation meeting for no fees. You have the lead of selecting a skilled attorney based on the recommendation of someone you know and can rely on.
Who’s Handling Your Case – Ask your attorney if he will personally handle your case or if he will assign it to one of his subordinates. Big and traditional law firms will commonly have your cases assigned to one of the lower-ranking trial lawyers, especially if it is deemed as a routine case that can satisfactorily be taken over by someone of less importance in the firm. The more independent attorneys who handle all cases they receive typically possess more exhausting consideration of your case because they personally contend with it. There is nothing wrong with having either of these defenses, but you have to be certain that the defense you pay for will allocate a substantial amount of time and resources into managing your case.
Communication – Your prospective defense lawyer should steer you through the full legal process of defending your case, even before you agree upon the fees. A criminal case most often begins with a plea bargain, and a competent attorney should be adept at brokering a fair arrangement for you, which is made during this process. If a sensible result has not come out of plea bargaining, the pre-trial motions are set. This is where your lawyer will argue against prejudicial evidence, have some evidence subjugated, or have the case thrown out altogether. But this is not the ending of the process, even if you are found guilty, since appeals can still be petitioned. Your criminal defense lawyer should be able to explain all of this to you for you to comprehend how the criminal justice system in your area works.
If you want to find a top Denver dui attorney then visit www.thedefenseisready.com. He’s great.
On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf
The new law will go into effect July 1, 2010. The most notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.
Second, persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.
For all repeat offenders the minimum term of probation must be at least two years. If a person has completed all terms of their probation including their drug and/or alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.
The law also allows for the Court to require an interlock ignition device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.
Josh McDowell is a defense lawyer, misdemeanor & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on truck & bicycle accidents.
Colorado voters legalized medical marijuana in 2001, with the passage of a state constitutional amendment. The medical marijuana industry languished after the amendment became effective, since marijuana was still illegal under federal law. The risk of federal prosecution, even though medical cannabis was technically legal under state law, was simply too great. However, in 2009, the federal government indicated an unwillingness to enforce federal drug laws in contravention to the 14 state medical marijuana laws effective around the county. This led to an explosion of the medical marijuana industry in Colorado. Dispensaries have proliferated around the state, and the number of patients has increased exponentially.
The prominence of this legal drug trade has led to outcry for legislative limits on the industry. Colorado’s legislature has responded with HB 1284, a plan to hit dispensaries with new fees and regulations.
The new law dramatically hikes fees dispensaries must pay to stay in business. The state plans on collecting $2 million to help pay for enforcement of the new regulations. This will likely put the smaller dispensaries out of business.
Individual cities and counties will gain the ability to ban dispensaries altogether. However, individual caregivers will still be allowed to provide medical marijuana to up to five patients wherever a ban is enacted.
Other regulations include limits on who may own or invest in dispensaries. For example, owners must be Colorado residents and must pass a criminal background check. Investors must also pass a background check.
Under the new law, no dispensary may be located within 1000 feet of schools, universities, seminaries, or child-care facilities. The dispensaries must also grow 70% of their product.
Several attorneys in Colorado have been vocal about plans to sue for an injunction against the new law, claiming that the law violates the constitutional amendment. This will surely be a volatile issue over the next decade.
Brad Laybourne is a Colorado accident attorney at the law firm of McDowell Laybourne & Rodemer, LLC. Mr. Laybourne’s practice as a lawyer in Colorado Springs includes criminal defense, DUI and misdemeanor offenses.
You may have heard the term “Lautenberg” before, or you may even known someone who was “Lautenberged”. This is the term commonly used when a soldier is discharged from the military based on the effects of the Lautenberg Amendment as it pertains to domestic violence misdemeanors and the possession of a firearm. What is the Lautenberg Amendment? How does it effect military personnel, and regular citizen’s rights to possess a firearm?
In September of 1996, an amendment to the Gun Control Act of of 1968 (GCA) was passed establishing a Federal ban on the possession of firearms by persons convicted of a misdemeanor act of domestic violence1. This amendment to the GCA, commonly referred to as the “Lautenberg Amendment” (Lautenberg), prohibits persons convicted of misdemeanor or felony crimes of domestic violence from shipping, transporting, possessing or receiving firearms or ammunition. Lautenberg also prohibits knowingly selling or providing a firearm to a person who is known to have a domestic violence conviction.
Prior to the passage of the Lautenberg Amendment, there was a public service exemption that included “any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.” This public service exemption loophole has also been closed by Lautenberg, and now applies to all persons that have been convicted of domestic violence charges including Federal and State law enforcement officers, and military personnel.2
The definition of domestic violence will vary from state to state, so be certain to speak with an attorney in your area about qualifying domestic violence convictions in your state. In Colorado, domestic violence means, “An act of or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved with in an intimate relationship.”3
Under Colorado law, “domestic violence” covers a wide range of criminal activity, including any crime used for coercion, control, punishment, intimidation or revenge of a current or past intimate partner. It is important to note that domestic violence only refers to intimate relationships, it does not cover parent and child, or sibling relationships. An “intimate relationship” in Colorado is described as, “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”4 This means that domestic violence is not only between spouses, but can be against a girlfriend/boyfriend or even against an ex-girlfriend or ex-boyfriend.
Every day members of the military are charged with acts of domestic violence. These acts range from acts of violence such as shoving, kicking or hitting, which are often charged as harassment or assault. It can also includes computer or phone harassment, violation of restraining orders, menacing, or even criminal mischief (damaging property).
If you are charged with an act of domestic violence, it is not uncommon to be offered a plea bargain on your first appearance in Court. If you are in the military, you must be aware that any sort of plea agreement to a domestic violence charge can have a devastating impact on your military career and your future. If you are not in the military, you must be aware that a plea of guilty in a domestic violence case can keep you from ever owning a firearm again under Lautenberg.
Military personnel that have a qualifying domestic violence conviction can no longer possess a firearm or ammunition under Lautenberg. Even a deferred sentence or a Diversion program can trigger Lautenberg. All military personnel should be mindful of the possible consequences to their career upon entering a deferred sentence or other program that can often last several years and could also lead to a discharge. It is strongly advisable to consult the Legal Assistance/JAG or a private attorney regarding the specific situation.
Remember that the Lautenberg amendment applies to civilians as well. If you plead to any felony or even a misdemeanor domestic violence offense you will be prohibited under Federal law from possessing a firearm. What’s more, the ban is retroactive, meaning, if you have ever had a domestic violence conviction in your past, even before the passage of Lautenberg, you are prohibited from possessing, trading, shipping, receiving or transporting a firearm or ammunition.
If you have been charged with a domestic violence offense speak to a lawyer immediately before you make any decisions that can greatly effect your future, your career and your rights under the Second Amendment.
1. See 18 U.S.C. 922.
2. See 18 U.S.C. 925(a)(1).
3. See C.R.S. 18-6-800.3(1).
4. C.R.S. 18-6-800.3(2).
Joshua McDowell is a Colorado Springs Criminal Defense Lawyer practicing in Domestic Violence, Felonies, DUI, and all other criminal matters. Follow this link to learn more about Colorado Domestic Violence.
If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your case entirely.
First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.
In some cases, it is possible to have a chemical test rules inadmissable by the Court for legal reasons. If the test is thrown out, the prosecutor is left with a big hole in his evidence, and in the case against you. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. The results may also be thrown out if it can be proven that the Breathalyzer was not maintained properly or operated correctly during your chemical test.
The procedures for blood testing also must be followed to obtain a legal test. You will always want to retest the second blood sample as well. Sometimes the retest result comes in under the legal limit or varies so much from the original test that the original test is deemed invalid.
Jurisdiction is a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.
Even in our high tech world of advanced communications, there are still certain hearings where police officers need to be physically present to give their testimony. And in some cases, no cop equals no DUI. Yeah, its a strange technicality, but this strategy may be appropriate for your case.
Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.
Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring the chemical test reports, negotiating with the prosecutor, etc.
And finally, if you can’t afford to hire a lawyer, apply for the representation of the public defender. Don’t try and represent yourself, as you will have a fool for a client.
Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.
On December 1st, 2009 Governor Ritter of Colorado signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction.
The Denver Post Article is linked below:
http://www.denverpost.com/ci_12498806 The new law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
The law also states that no one under the age of eighteen (18) shall use a cell phone while driving: An operator of a motor vehicle shall no be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age of older and a law enforcement officer saw the operator use a wireless telephone for the purpose of purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operation license issued by the Federal Communications Commission.
The entire statute is here: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf
The fines and surcharges for violating this statute are:
$ 50.00 Fine Plus a $6.00 Surcharge for a First Offense $100.00 Fine Plus a $6.00 Surcharge for a Second Offense
Joshua McDowell is a Colorado Springs Attorney practicing in DUI, domestic violenceand personal injury matters. As a Colorado Springs Personal Injury lawyer his firm handles car accidents, slip and falls, and other injury matters.
After being hurt in an accident one of the most intimidating tasks you face is choosing an attorney to represent you. Accident victims are bombarded with television ads, billboards, yellow page ads, and in some instances, even direct mail advertisements. All of these ads have a few things in common. The attorney usually states they will “fight aggressively” for you, or that they’ve gotten their clients huge settlements, and sometimes they even have flashy nicknames or catch phrases. Ignore the ads.
When looking for a personal injury lawyer the best way to ensure you are going to be getting good representation is to ask questions and watch out for red flags. The first red flag is whether or not you get to meet with an attorney for an initial consultation. Many firms tell you that the case is screened by a “case manager” or a “case specialist”, or sometimes even a paralegal. These firms will sometimes try to have you to sign up over the phone without even letting you talk to an attorney. They will send an “investigator” to bring papers for you to sign and will work hard to get you to sign up as quickly as possible. Ignore these firms. If the attorney will not even give you the courtesy of an initial consultation, imagine how much time the attorney will spend on the case. These firms generally assign huge numbers of cases to each attorney and consequently, the attorney’s cannot dedicate very much time to each case.
The second red flag is that the attorney tries to have you pay some up front costs or retainer. Unless you elect to pay the attorney hourly, personal injury attorney’s work on contingency, meaning that they are paid their fees out of the settlement or verdict. Sometimes, an attorney will request you give them a certain amount of money to cover the costs of the case. This may be a red flag; in that it may indicate that the attorney doesn’t have enough capital to front the costs of the case, which brings me to my next topic: Ask questions.
It is important to be an advocate for yourself, and in being an advocate, you must ask questions. Ask the attorney how many cases each attorney handles at any given time. Remember to make sure that you feel comfortable with the attorney handling that many other cases on top of yours. Also, ask the attorney if they will be personally handling your case, and if they will not, ask to meet the attorney who will be handling the case. Make sure that you are comfortable with that attorney. Ask how frequently you can expect to hear from the attorney, not the paralegal or case manager, but the attorney. Learn how much trial experience the attorney handling your case has, and more importantly, the percentage of cases that the firm files a lawsuit on. This is important because, while most cases settle before going to trial, it is imperative that insurance companies know the attorney is willing and capable of filing a lawsuit if necessary, it is the only way they are willing to offer top dollar on the case. Simply filing a lawsuit doesn’t mean that the case will go to trial. Finally, don’t limit your questions to the attorney. Ask friends or family members who have used an attorney if they would recommend their attorney. If you know any attorneys ask them, or ask your doctor who they would recommend. The bottom line is that you must trust your lawyer, if at any point you don’t feel as though you are connecting with them move on.
Choosing a lawyer is a decision that should not be taken lightly. It’s important to visit a few before making your selection. Don’t be pressured into hiring an attorney until you are sure you are selecting the attorney who will get you the best recovery and treat you respectfully throughout your matter.
Steven Rodemer is a Colorado Springs personal injury lawyer at the Law offices of McDowell Laybourne and Rodemer, LLC. His practice includes Colorado car accidents bus accidents, slip and fany matters, medical malpractice and any other personal injury matters.
categories: find an attorney,choose lawyer,car injury,accident,medical malpractice,personal injury,car accidents,attorneys,lawyers,colorado,law,legal
