Posts Tagged ‘domestic violence’

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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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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