What Should I Do If I Have Been Accused of Domestic Violence?

Being arrested for domestic violence in Colorado can seem like a nightmare.

Many of the specifics associated with domestic violence allegations, such as mandatory no contact orders, mandatory arrest laws, and the perception from other people that you are an abusive person are all too common with domestic violence allegations.

The state of Colorado considers domestic violence any threatened act or act of violence upon an individual with whom the alleged perpetrator is in an intimate relationship with or has been involved in an intimate relationship with. Once a person has been arrested for domestic violence, the court will enter a mandatory restraining order.

After You Have Been Accused Of Domestic Violence In Colorado

This means that after you have been accused, you are not able to have any contact with the named victim through the duration of the restraining order. If you attempt to maintain contact with the victim, this is a separate criminal charge. Any third party contact also counts, so it’s not a good idea to contact someone who knows the victim in an effort to get in touch with them. One of the most common misconceptions about domestic violence charges in the state of Colorado is that a victim can drop the charges.

In Colorado, The Prosecutor Can Drop Domestic Violence Charges Under Certain Circumstances

Colorado laws states that a prosecutor is not able to drop domestic violence charges unless they believe that there is not enough evidence to prove the case at trial. This means that the victim can attempt to contact the district attorney multiple times to request that the charges be dropped and that the case will still proceed if the prosecution believes they have ample evidence.

Don’t say anything if you have been accused of domestic violence. It is strongly recommended that you invoke your right to remain silent because anything you say could be used in the case against you. Do not contact the victim in this case rather schedule a consultation with your attorney immediately.

Get Help With  Your Colorado Domestic Violence Charges

A Colorado domestic violence defense attorney will assist you with outlining a strategy to protect your rights going forward. You cannot afford to make mistakes in these cases as this could follow you for many years to come and heighten the possibility that you will be convicted of domestic violence. Your reputation and your freedom are on the line. Don’t hesitate to get help.

 

Will I Automatically Go to Jail When Accused of a DUI?

If you have been accused of driving under the influence in the state of Colorado, you need to be prepared to understand that the consequences can be strict and severe. You will not necessarily go to jail immediately after being accused of a DUI as the officer in charge will review your case specifically and determine whether or not you will be going to jail.

However, if you are convicted of DUI, jail time is a potential penalty. The first possibility of jail time will come after a DUI arrest. Those individuals who are suspected of impaired driving may be arrested as long as they have not been involved in a serious vehicle accident and require immediate medical attention. After you’ve been arrested, the other stages of your case that could lead to jail time for your Colorado DUI is when these end in convictions. The amount of jail time imposed in your sentence will depend on whether or not the DUI involved death or injuries, whether the individual involved has previous DUIs and the blood alcohol content of that individual.

If there are no aggravating circumstances associated with the case, possible jail time will depend on whether or not this is the person’s first DUI conviction and their level of blood alcohol content. The minimum jail time for a first DUI conviction with a blood alcohol content of less than 0.20% is five days but this could be extended to as long as one year.

Subsequent DUI convictions will of course carry more significant penalties and should be taken seriously. You need to retain an experienced criminal defense attorney in Colorado immediately after you have been accused of a DUI as there are very high stakes on the line.

If you were put in jail and accused of a DUI with more aggravating factors, you can’t afford to leave your defense up to chance. You need a lawyer on your side who will investigate the evidence and help you with next steps.

 

What Do I Need to Know About Colorado’s Ignition Interlock Laws?

There are two different sets of procedure in the state of Colorado that you must be aware of if you have been accused of a DUI. These are your judicial and your administrative procedures.

It is important to consult with a Colorado DUI attorney immediately so that you can avoid many of these consequences or at least be clear about your administrative license revocation procedures. Many people choose to focus only on the criminal aspects of their DUI allegation and this can leave off the opportunity to gain benefits of your administrative license revocation procedures. Colorado is one of 42 states across the country that has implemented interlock procedures.

This means that your license can be confiscated right away if your blood alcohol content is higher than 0.08 or if at the scene of the allegation, you refused a BAC test. Your license will either be revoked or suspended at that point even though you were not formally convicted in a criminal trial. You could also be charged with an administrative license suspension even in cases in which you are not later charged with a driving under the influence allegation.

These actions are designed to be separate from and in addition to your traditional DUI conviction penalties such as jail time, license suspension, the mandate of an ignition interlock device, jail time and drug and alcohol rehabilitation.

You may be eligible to receive a temporary driving permit for a 7-day grace period and during this time you can also request a hearing to challenge your case. It is important to retain an attorney if you intend to challenge your case as this will be your only opportunity to protect your administrative rights.

If you have an ignition interlock, you’re responsible for having it installed, dealing with any maintenance issues, and paying any fees around it.

 

Do I Have to Come Back to Colorado to Face My DUI Charge?

If you were recently arrested for driving under the influence in the state of Colorado, there are many different questions that need to be handled immediately and with the support of an experienced criminal defense attorney.  Being charged with DUI likely leads you to ask many questions, but you have to get organized with your defense strategy immediately if you intend to proceed and fight for your freedom. 

More questions can arise if you were arrested in an area that you don’t live in or if you were an outsider visiting Colorado and were charged with a DUI. If you live more than a couple of hours from the area in which you were arrested for DUI you might want to avoid the effort, expense, and frustration of coming back to that city for a brief court appearance.  

However, you have to protect your bail bond and not allow a warrant to be issued for your failure to appear in court. This requires an experienced Colorado DUI defense attorney to contact the court and appear on your behalf. You might need to receive an order from a judge that excuses you from returning to the local area with a primary objective of avoiding you having to appear in court.  This can easily be done if you live out of state.

However, if you live in the state of Colorado you might have to return to appear in court once. If there are any court dispositions, your Colorado criminal defense attorney can arrange for your court costs to be paid by mail, to identify a sponsor in your community if you are required to attend public service, and will help to locate an alcohol education class near your home if you are required to do this as part of your consequences.  Schedule a consultation with a criminal defense attorney in your area to learn more about your options.

What Is Colorado’s Indecent Exposure Law?

Did you know that you could be facing criminal consequences if you are accused of indecent exposure in the state of Colorado? Most people might assume that this is not a serious crime, but as with all sexually motivated or sexually related crimes, you need to schedule a consultation with an experienced criminal defense attorney immediately. Indecent exposure happens in two different situations and is typically a class 1 misdemeanor.

A person can commit indecent exposure if he or she knowingly exposes their genitals to the view of any person under circumstances in which a reasonable person would be alarmed. The purpose of this exposure must be with the intent to satisfy or arouse the sexual desire of another person. A person could also be accused of indecent exposure in Colorado if he or she knowingly performs a masturbation act that exposes the view of any person under the circumstances that such a viewer would be extremely alarmed.

While indecent exposure is typically a class 1 misdemeanor, the consequences can be significantly elevated if the violation has been committed previously. If two previous convictions of a violation of this nature have already occurred and are on the person’s record, indecent exposure can be classified as a class 6 felony.

Any type of alleged sex crime can follow you for months or years after it happens. Even being accused carries the weight of serious concerns and anxiety since you’ll likely be worried about how this will affect your reputation and your job prospects.

These situations can have serious consequences and might also require compliance with sex offender registration requirements if convicted. This is why it is so important to retain the services of a lawyer who recognizes the possibility for you to have this issue following you for many years to come. A consultation with an attorney is necessary for protecting your best interests.

 

What’s the Difference Between Colorado DUI and DWAI?

Have you recently been accused of DUI or DWAI in Colorado.  It’s important to understand the distinctions and the varying consequences.  A Colorado DWAI and DUI arrest will result in two different cases in addition to a DMV action associated with possibly suspension of your license, a court case, and maybe different consequences associated with the outcome of that case.

You can be charged with DWAI, driving while ability impaired, DUI, driving under the influence of alcohol or drugs, or both.  A DWAI in the state of Colorado is considered a lesser offense and you will likely be charged with this if your blood alcohol content was 0.05% or higher.

Impaired means that you have consumed intoxicants such as drugs or alcohol that could impact you to a degree in which you are substantially incapable physically or mentally of having adequate physical control or clear judgment.  If your blood alcohol content is 0.08% or higher, you could be charged with DUI, regardless of the driving pattern directly.  DUI charges in the state of Colorado are based only on bodily chemistry.  DUI penalties in Colorado can include up to a one-year license suspension, up to a year in jail, and up to $1,000 in fines for your first conviction.

The consequences are more serious for a second or subsequent conviction.  A second conviction can lead to a license suspension and possible jail time as long as a year and fines of up to $1,500.  You need to retain an experienced criminal defense attorney in Colorado if you have already been accused of DUI or DWAI.

What Those Accused of Crime Should Know About the Colorado Sex Offender Registry

If you have been accused of violating certain sex laws in the state of Colorado, you could face numerous consequences upon conviction including having to register as a sex offender.

A sex offender registry is a database of information about convicted sex offenders that is accessed and maintained by law enforcement. Every state has their own registry system and a person who has been convicted of specific sex offences as well as offences against children has to register at the law enforcement agency in the town or city in which he or she lives after being released into the community.

This person usually needs to re-register every single year and sometimes more frequently as well as whenever he or she moves. It could be classified as a criminal offense if a person moves and doesn’t update or fails to register at all. An offender might also be required to register with law enforcement. Information that the public can obtain about a sex offender include an offense, name and aliases, current address and photograph. The website might also include a physical description, additional information about the official sex offenses, date of birth, and the date of the offense.

If your name shows up on this registry, people might be concerned about buying a house near you or employing you. Even for a mistake made years ago for which you paid fines and served your jail time, the sex offender registry is one big way that this issue can follow you for years to come.

All of this information can follow a person who has been accused of a crime for many years to come and this is why the support of an experienced criminal defense attorney in Colorado should be retained immediately in order to protect the best interests of a person who has been accused and might face these consequences.

 

Victim Claims in Sexual Assault Cases

Any victim who claims that he or she has been assaulted is likely to be taken seriously even if you believe the charges are bogus. This is why being accused should immediately prompt you to hire an attorney to represent your interests.

It is very important for a person who has been accused of sexual assault in Colorado to understand how any of the following situations affecting a victim can ultimately lead to a conviction of sexual assault. Many people are under the impression that sexual assault means a very restrictive definition, but this is not always true, and this can make it very hard to fight back when a victim brings forward brings forward a seemingly legitimate claim of sexual assault. A defendant can be convicted in Colorado of sexual assault if any one of the following aspects are true about the victim:

  • The victim was confined to a prison, jail, hospital or another facility in which the defendant used their authority in that particular situation to coerce the victim into sexual contact.
  • The victim is sleeping, unconscious, inebriated or otherwise unable to give consent.
  • The victim is not able to interpret or understand sexual contact, either due to their mental abilities or their current age.
  • If the victim is 15 years old or even younger and the accused is 4 years or older and isn’t married to the victim.
  • The victim is between 15 and 17 years old and the accused is at least a decade older and not married to the victim.

Unfortunately, sexual assault and rape come with serious sentencing and penalty issues. Sexual assault and rape in Colorado can range all the way from a class 1 misdemeanor to a class 2 felony, based on the individual circumstances of the crime. Most of those crimes are subject to indeterminant sentencing. If you have already been accused of committing a crime like this in Colorado and need help with your legal rights, schedule a consultation with a lawyer today to learn more.

What to Do If You Are Accused of Child Abuse in Colorado

Have you recently been accused of child abuse in Colorado and you’re not sure of how to proceed? If you find yourself in this situation, you are not alone. Being accused of child abuse is a serious allegation and one that may not only affect your reputation but also your ability to spend time with your children. Defending against false accusations of child abuse in Colorado must begin with the support of an attorney.

Parental discipline can be consider child abuse and there is an absolute right to discipline your child as you seem fit.  The Government has no right to tell you how to raise or discipline your child.  As long as you are reasonable with the discipline, you have a defense to child abuse.

Unfortunately, false accusations of child abuse can have negative consequences for you and it can be very difficult to fight back when you have been accused. In a child abuse case, the legal system is structured to protect the child at all times.

This means that this can greatly hurt you in an allegation. You need to identify a child abuse attorney in Colorado who has a successful defense record in handling these types of cases. You will want to ask specifics about the kinds of cases they have handled before because you need to hire an attorney to evaluate your specifics.

Children may be interviewed or have evidence alleging child abuse against you and it can be very difficult to overcome this if you do not have an attorney who is questioning the quality of this evidence and who is prepared to fight back when the consequences are serious. Your life and your future are on the line and it is a big mistake to avoid getting the support that you deserve. Make sure you retain a Colorado child abuse defense attorney who will leave no stone unturned in the pursuit of justice for you.

 

Colorado Drug Felonies Have Doubled Since 2012

A recent study identified that the number of drug felonies in Colorado has doubled since 2012, although the fifth judicial district was an exception. Felony drug filings have increased significantly across Colorado in the last six years, an increase that has disproportionately affected females and contributed to the rising prison budget for the state.

The research report was released by the Colorado Criminal Justice Reform Coalition and found that the drug sentencing reforms within the state that were designed to keep addicts out of prison have not met their expectations. There were tremendous disparities in drug crime trends across the state. Certain judicial increases have seen filing jumps higher than 200%, however, Eagle Counties district only experienced a 1% increase.

Approximately three-quarters of the filings for drug felonies in Colorado during the last year were for sharing or possession, although only 14% came in with distribution charges. Those cases contributed to an overall increase of 12% in the prison population in Colorado in just one year and nearly a 30% increase in the number of female prisoners.

In 2013, the state legislature initially passed a bill that prioritized prison for high level dealers and promoted treatment for users. The overhaul of drug sentencing laws was designed to keep addicts out of prison, however, the research report shows that this likely didn’t work. If you or someone you know has already been accused of a drug crime in Colorado, you need to consult with an experienced criminal defense attorney immediately to outline a plan to protect yourself.