Posts Tagged ‘colorado’

Criminal Attorney 101

July 8th, 2010

Specialty – Hire a criminal defense lawyer who specializes on his specific field of proficiency, that is, managing criminal cases. Don’t suppose that since the family law attorney you engaged to work out your divorce came to a superb result for you, then he will essentially 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 stipulations of the law on particular crimes have their own intricacies that a divorce lawyer or a general practitioner needs more years of experience in that particular field for him to understand. Lawyers who revolve around criminal defense have wide-ranging experience in defending people indicted with criminal offenses. Most often, they have a solid understanding of the ins and outs of criminal cases and can build a defense that takes into consideration all the aspects of the case.

Free Consultation – Get together with your potential criminal defense lawyer. Many attorneys seek business by advertising within the halls of the law court, saying they are the ideal and, yes, cheapest lawyers you can hire. Not only is this habit deemed unprincipled, it is also prejudiced in favor of the lawyer. Prior to signing an agreement to foot the lawyer’s fees in exchange for legal assistance, confer with him first. They should, at the very least, give a free first session to judge the potential of your case and whether he thinks that he is the best laywer to speak for you before the law.

Credentials – Learn if your criminal defense attorney is a member of bar associations that set the standard for moral and satisfactory practice of criminal law. At the very least, he should be an established member of the American Bar Association and the State Bar Association. It is better if he belongs to a bar association of lawyers who focus primarily on criminal defense. The National Association of Criminal Defense Lawyers should be one of his organizations, or the State Association of Criminal Defense Lawyers. If he does, then it usually means that he is prepared to better his career in the domain of criminal defense.

Leadership – Probe into whether your defense lawyer had positions in the bar associations to which he belongs. If he does, then he most possibly holds an admirable name among his peers and it will serve you good to have him supply you legal services. Even a new lawyer fresh out of law school and who just entered the state and national bar associations should have a succession of offices held in law student societies he was part of during his law school years.

Stereotypes – Know Your It is essential to ascertain your own requisites yourself before you go out and sign up the first lawyer you chance upon on the sidewalk. Lawyers are, regrettably, categorized into labels all thanks to the primetime legal series we are fascinated about. While male lawyers are portrayed as high-fliers and their female versions as kinder and more caring, it is not always the case. Their credentials should represent themselves, along with their willingness to build up your case.

Referrals – Ask for recommendations from your friends who had to contend with the need for a defense lawyer themselves. DUI and DWI offenses are minor, but they are usually the most carried out misdeeds themselves. Some of your friends and acquaintances may have faced DUI and DWI charges without the aim of committing the offense. They may know a competent criminal defense lawyer whose services they can endorse. If they do, ask them to have you introduced to the attorney and whether you can get a first meeting for free. You have the benefit of selecting a good lawyer based on the recommendation of someone you know and trust.

Who’s Handling Your Case – Ask your lawyer if he will directly handle your case or if he will entrust it to one of his associates. Big and conventional law firms will customarily have your cases dispensed to one of the secondary trial lawyers, particularly if it is deemed as a usual case that can satisfactorily be managed by someone of less standing in the firm. The more self-sufficient practitioners who work on all cases they receive often have more exhausting deliberation of your case because they personally deal with it. There is nothing wrong with having either of these defenses, but you have to make sure that the defense you shell out money for will apportion a substantial amount of time and resources into handling your case.

Communication – Your likely defense lawyer should steer you through the full legal course of defending your case, even before you settle upon the fees. A criminal case most often begins with a plea bargain, and a competent defense lawyer should be good at discussing a just deal for you, which is made during this process. If a agreeable result has not come out of plea bargaining, the pre-trial motions are set. This is where your attorney will argue against prejudicial evidence, have particular evidence subjugated, or have the case sacked altogether. But this is not the completion of the process, even if you are found guilty, as appeals can still be filed. Your criminal defense lawyer should be able to elaborate all of this to you for you to comprehend how the criminal justice system in your area works.

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New Colorado Medical Marijuana Law Regulations

June 12th, 2010

Colorado voters legalized medical marijuana in 2001, with the passage of a state constitutional amendment. The 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 statewide, and the number of patients has increased exponentially.

The prominence of this legal drug trade has led to outcry for legislative limits on the medical marijuana 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 marijuana to up to five patients wherever a ban takes effect.

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 medical marijuana 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.

Mr. 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/DWAI and misdemeanor matters. Get a totally unique version of this article from our article submission service


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Governor Ritter Signs New Colorado DUI Law

June 7th, 2010

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 law will go into effect July 1, 2010. The more 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 sentence 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.

Additionally, for all repeat offenders the minimum term of probation must be at least two years. If a person has complied with all terms of their probation including their drug/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 new law also allows for the Court to require an interlock ignition device on an offender’s vehicle. This new requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.

Joshua McDowell is a criminal defense, felony & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on motorcycle & bicycle accidents.


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The Lautenberg Amendment, Domestic Violence, and the Soldier

March 12th, 2010

You may have heard the term “Lautenberg” before, or 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 comprehensive Federal ban on the possession of firearms by a person 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 Lautenberg, 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 a lawyer 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.

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.

If you are charged with 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 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.

Soldiers 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).

Mr. McDowell is a Colorado Springs Criminal Defense Lawyer practicing in Domestic Violence, Misdemeanors, DUI, and all other criminal matters. Follow this link to learn more about Colorado Domestic Violence.


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How to Beat a Drunk Driving Charge in Colorado

March 10th, 2010

If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.

For example, the police must have a valid reason to stop you. This could be for any sort of traffic infraction or other criminal activity. If they don’t have a valid reason for the stop, they can possibly lose all evidence obtained from this illegal stop. Police are not allowed to just stop any car driving down the road. They must have reasonable suspicion to pull you over, or to contact you in the first place.

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 chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.

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 drunk driving lawyer. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who is familiar with the area and the local practices. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.

Don’t hire a lawyer who makes promises or guarantees. An attorney that makes guarantees about results is just trying to get your money by telling you what you want to hear when he has no way of knowing what will happen to your case without first looking at all the police reports, the chemical test reports, negotiating with the prosecutor, etc.

Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or 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 your rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.


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Colorado Texting and Driving Law

January 18th, 2010

On December 1st, 2009 Colorado State Govenor Ritter signed into law a bill outlawing text messaging while driving. The new law will make texting and driving a Class A driving infraction.

Read the Denver Post Article 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 is allowed to 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 can be found here: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf

The fines for violating this statute are:

$ 50.00 Fine with a $6.00 Surcharge for a First Offense $100.00 Fine with a $6.00 Surcharge for a Second Offense

Josh McDowell is a Colorado Springs Attorney practicing in traffic, domestic violenceand personal injury matters. As a Colorado Springs Personal Injury lawyer his law firm handles car accidents, slip and falls, and other injury cases. Don’t reprint this exact article. Instead, reprint a free unique content version of this same article.


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Colorado Bankruptcy Exemption Basics – What You Can Keep

January 12th, 2010

If you’re a Colorado resident facing an insurmountable amount of debt, you may be considering bankruptcy. Bankruptcy helps people get out from underneath crippling debt, but many consumers ignore bankruptcy options because they’re afraid they will lose their car, home, or retirement benefits if they decide to file. Fortunately, filing bankruptcy in Colorado doesn’t mean you will lose your home or your car. In fact, consumers in Colorado can escape debt without losing their most important possessions thanks to bankruptcy exemptions.

Colorado is one of the more bankruptcy-friendly states in the country. Unlike many other U.S. states, Colorado has relatively relaxed exemption rules for Chapter 7 bankruptcy filers. An exemption rule allows a person filing bankruptcy to keep certain assets ?out? of the bankruptcy. This means that filing bankruptcy can get you out from underneath unsecured debts without losing your vehicle or your home.

Many people do not realize that bankruptcy is a fundamental American right that’s included in the U.S. Constitution. America’s founders included the right to file bankruptcy in the constitution because they believed that the common person is entitled protection from creditors. Many famous people in America’s history – from businessmen Henry Ford and Milton Hershey to politicians Abe Lincoln and Thomas Jefferson – have filed for bankruptcy protection.

Because bankruptcy is designed to protect consumers, the bankruptcy laws are written so that individuals can escape crippling debt without losing important assets. A person’s home, for example, is often a lifetime investment. In Colorado, not only can residents can keep their home during bankruptcy, but they can also keep as much as $60,000 worth of home equity. Colorado residents CAN file bankruptcy without losing their homes.

Colorado provides exemptions for other important assets as well. Colorado residents are entitled to exempt their vehicle, their retirement assets, and many basic possessions that are necessities (like clothing and furniture). Again, bankruptcy is designed to protect consumers and help them start over. Important possessions that are needed for daily life – like a car and tools for work – can be kept out of bankruptcy.

Of course, filing bankruptcy isn’t some magical way to avoid obligations. There are many assets that aren’t exempted from bankruptcy. For example, second homes and any cash a consumer has will be taken and distributed to creditors. Furthermore, while there are exemptions for personal assets, these exemptions are generally limited to a few thousand dollars total. So, valuable jewelry, art work, or expensive furniture may be taken as well. There ARE some strategies for keeping these types of assets out of bankruptcy, but they should only be discussed with an attorney.

Most people recognize that the decision to file bankruptcy should be taken seriously, yet not everyone recognizes the importance of working with a bankruptcy attorney. Bankruptcy can be complicated, and the preparation required to file can be significant. Working with a bankruptcy lawyer is a smart way to make the process easier. Additionally, a bankruptcy lawyer can help you avoid mistakes. Consumers who make mistakes while filing bankruptcy could have serious legal and financial problems after the fact, so be sure to consider working with an attorney before filing.

Bankruptcy isn’t always a simple process, and it’s not a trick that allows consumers to avoid obligations. However, bankruptcy IS a legally guaranteed right and a great way for some consumers to get out from underneath inescapable debt. It might not be for everyone, but bankruptcy is a smart financial choice that is legally guaranteed. Colorado residents are fortunate to live in a progressive, consumer-oriented state with substantial bankruptcy exemption rules. So, if you’re considering bankruptcy and you live in Colorado, your next step should be to contact a bankruptcy attorney and discuss your options.

Author Jason Lancaster is a former finance manager and a Colorado native. Since Jason is not an attorney, be sure to consult with a bankruptcy attorney to learn more about Colorado bankruptcy exemptions and your legal rights.


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Which Personal Injury Attorney should I hire?

December 14th, 2009

After being hurt in an accident one of the most intimidating tasks you face is choosing an lawyer 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 enormous 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 lawyer how many cases each attorney handles at any given time. Make sure that you feel comfortable with the lawyer 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 lawyer. Ask how frequently you can expect to hear from the attorney, not the paralegal or case manager, but the lawyer. Find out 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 lawyer 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 lawyer. Ask around. Ask friends or family members who have used an attorney if they would recommend their lawyer. 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.

Steve Rodemer is a Colorado Springs personal injury lawyer at the Law offices of McDowell Laybourne and Rodemer, LLC. His practice includes Colorado car accidents truck accidents, slip and fany cases, medical malpractice and any other personal injury cases.


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