Tuesday, May 31, 2011

Denver criminal defense lawyer / speeding tickets in the mail

Since I'm a Denver criminal defense lawyer, you may be shocked to find that I occasionally disobey traffic laws. The other day, I got an $80 speeding ticket in the mail! Of course, it was from several weeks ago, so I had no recollection of going 31 in a school zone. But there was my picture of me in my car, and a close-up of my license plate. What are you supposed to do when you get a Denver traffic citation in the mail without being pulled over? Should you call a Denver criminal defense lawyer, or simply remit payment and be done with it?

Unfortunately, the system is really designed just to separate you from your money, not to actually fight the ticket. The punishment ($80) is just enough to be a pain in the neck, but since it's not reported to DMV and doesn't count towards license suspensions, it's probably not worth fighting. Even the most efficient Denver traffic ticket lawyer won't be able to fight this kind of ticket for less than $50. So even if you do win, the only savings you're looking at is $30. If you lose, you'll still have to pay the lawyer, then the ticket, then a court assessment. Going it on your own will save you the attorney's fee, but at the cost of your own time. You'll have to go to the Denver City and County Building twice: first to set a court date with the Clerk, then to actually go to Court. Depending on how busy court is that day, you'll also have to wait in line for a significant period of time before getting to state your case. And there's no guarantee you'll win the case. So if you get a speeding ticket in the mail from one of the mobile police units, my advice is to save yourself the time and hassle and just pay it online. And be thankful you didn't get pulled over--that's a $200+ ticket in addition to points which count toward license suspensions, and the possibility of increased insurance premiums.

Friday, May 27, 2011

Denver criminal defense lawyer/judge or jury trial?

As a Denver criminal defense lawyer, a common issue clients raise is whether it is better to have their case heard before a judge or jury. The right to have the case heard before a jury of peers is every defendant's right under the Sixth Amendment. Although six person juries are allowed by the Supreme Court, and not every state requires unanimous juries, in the State of Colorado, you have the right to a 12 person jury and a unanimous finding of guilt. Although only your Denver criminal defense lawyer can make a recommendation on the facts of your case, and every case is different, here are a few pros and cons of both the judge and jury options.

The benefit of trying your case to a jury is nearly exclusively in the fact that it is harder to persuade 12 people than it is to persuade a single judge. Although there are plenty of movies where defense attorneys mislead unsuspecting juries or use specious arguments to win them over, this is relatively rare in the real world. Most juries conscientiously attempt to correctly apply the facts to the law as the judge gives it to them. However, it's still hard to convince 12 people of something beyond a reasonable doubt. As such, most defense attorneys will advise their clients to exercise the right to a jury trial.

The benefit of going to a judge is only in circumstances where a jury is likely to be unable to remain impartial. In certain cases, the fact-finder will be asked to consider evidence in a highly sensitive way--disregard possibly incriminating evidence for the purpose of determining guilt but use it for something else. In that case, a jury may not be reliable, and your Denver criminal defense lawyer may recommend not going to a jury and instead trying the case in a bench trial: in front of a judge alone.

Tuesday, May 24, 2011

Denver criminal defense lawyer/mandatory minimums

Although only your Denver criminal defense lawyer can say for sure, if you have committed a serious crime there is a good chance you will be sentenced under a mandatory minimum regime in Colorado. What does this mean? In Colorado, voters were sick of judges having discretion in sentencing serious crimes. They felt that judges were giving sentences that were too lenient to sexual and violent offenders. To remedy this, voters implemented a mandatory minimum regime, stripping judges of discretion. No longer does your Denver criminal defense lawyer argue a case at sentencing--the sentence is basically determined by the crime committed with no wiggle room.

This is particular difficult in the case of sex offenses. Sex offenses are generally Class 4 felonies, meaning they carry indeterminate sentencing. That sounds all squishy, but what it really means is a life sentence where the parole board decides when the offender gets out of prison. And the parole board isn't nearly as friendly as a judge. Only a small percentage of applications for parole on indeterminate sentences are approved, since the parole board seems skeptical that sex offenders can be rehabilitated at all. Basically, the rules call for a life sentence for anybody who commits a sex offense without admitting it. So if you end up with an indeterminate sentence, your Denver criminal defense attorney is going to have a tough time every getting you out of prison.

What to do? Basically, under mandatory minimums the only way to avoid a is either to plead to a non-mandatory minimum charge or win at trial. Your Denver criminal defense lawyer can attempt to negotiate a plea to a charge that will not result in a mandatory minimum sentence. If not a defense attorney can plan a trial strategy with the best chance of getting a not-guilty verdict and avoiding serious jail time.

Monday, May 23, 2011

Colorado criminal defense attorney/think before you plead

If you are charged with a crime and haven't hired a Colorado criminal defense attorney yet, the prosecution is probably telling you about all the benefits of simply pleading guilty and getting it over with. This can sound appealing for several reasons. First, hiring a Denver criminal defense attorney might seem like a stretch on your budget. Second, maybe you are factually guilty and don't think you would stand a chance at contesting the charges. Third, perhaps the time it will take to fight your charges.

These concerns are normal, and unfortunately these are the costs and risks of going through the process. I'll look at the three concerns one at a time. First, the cost of a Colorado criminal defense attorney is fairly minor in comparison to the potential costs of too hasty a plea. In addition to the fines and costs you'll incur as a penalty for the plea, there is also the potentially permanent criminal record. This can make it difficult to find a job, find an apartment to rent, and get credit. A Denver criminal defense attorney can craft the plea such that expungement is easiest, if you follow certain steps after conviction. These issues apply to the concern that you don't have time to fight it: the cost of making the wrong plea may be astronomical--the cost of your time may seem like a huge imposition but is probably saving you time and money in the long run.

Second, it doesn't really matter at the initial stage whether you are factually guilty or not. The initial phase of the process is simply a feeling-out process. The very first offer from the prosecution is generally very close to what you would get for going to trial and being convicted--they aren't actually offering anything. Once your defense attorney has had a chance to dig into the prosecution's case and assess its strengths and weaknesses, you will get a much more fair offer.

Friday, May 20, 2011

Colorado criminal defense attorney/what about court appointed lawyer?

If you've been charged with a crime and need a Colorado criminal defense attorney, you're probably like most people and not rolling in money to hire Pamela Mackey or Michael Steinberg. In fact, even a decent lawyer's fee for a non-felony charge like a DUI may seem totally unaffordable. What, you ask, about my right to have a lawyer appointed to help with my defense? Unfortunately, a defendant must demonstrate exceedingly low income and resources to qualify for court-appointed counsel. If you have income where you may be able to save up to afford a criminal lawyer's fee, forget about it. If you own a house, or any other valuable collateral that you could borrow against to afford a lawyer's fee, again you will not qualify for court appointed counsel, and will have to hire your own Denver criminal defense attorney. Even a determination that you qualify may not be final--if you decide to go out and hire a different lawyer, or it is determined that you no longer qualify for the court-appointed program, you will need to repay the public defender's costs in defending you.

Some people may qualify for court appointed counsel based on their own income, but could possibly borrow from friends or family to pay for their own Denver criminal defense attorney. In this case, it can be a difficult decision. Although the court appointed attorneys are extraordinarily talented and dedicated, their budgets are limited and they are incredibly overloaded with cases. Nationwide surveys show public defenders carry 3x the caseloads of even the busiest private criminal defense attorneys. As such, public defenders must budget their time, and will not be able to devote the level of energy and effort to your individual case. Obviously, hiring your own private attorney can be an extraordinary hardship, but if it is at all possible, you should do so.

Wednesday, May 18, 2011

Colorado criminal attorney/What is bail?

Essentially, bail is a deposit on your own person. After a person is arrested, he appears at a hearing with his Colorado criminal attorney where the judge sets bail. The judge takes a number of factors into account in setting bail. The first is the severity of the crime, and whether the defendant represents a flight risk. If the defendant is unlikely to show up at court, due either to a history of moving around or the severity of the crime, the bail will be higher. For very serious or more violent crimes, the judge may also consider whether the defendant presents a danger to society during the bail period. For more minor offenses like DUIs in Colorado, bail is typically around $1,000. Remember, this is a deposit, and refundable on appearance in court.

For small amounts of bail it is typically possible to simply front the money out of your checking account. However, in situations where bail is higher, a defendant may not be able to afford it. This is where the bail bondsman can help. In states like Colorado, where bail bondsmen are authorized, the defendant pays the bondsman 10% of the fee up-front. This is non-refundable, and the bondsman keeps it for providing the service. The defendant will also usually provide some collateral to ensure the bondsman gets his money back either way. The defendant signs a contract, and thereby essentially becomes property of the bond agency. To get the money back, the bond agency needs to make sure the defendant appears in court. That means they can break down doors, bribe people for information, and ultimately essentially kidnap the defendant to get him to the courthouse steps. All things considered, it's probably better just to go without being forced. That's not even to mention the bondsman is going to get paid anyway, either by repossessing collateral or shaking down a relative. So if you can, front the money so you don't lose the 10%. Otherwise, make sure to show up for court.

Wednesday, May 11, 2011

Colorado attorney: why a lawyer is important for an administrative hearing

Although a DUI is not a felony in Colorado, punishment for a DUI can be very serious, which is why it is crucial to have a Colorado defense attorney represent you and protect your rights. Basically, the punishments resulting from a traffic violation can be broken into two categories: criminal punishments and administrative sanctions. Criminal punishments are delivered by the courts, while the Colorado Department of Motor Vehicles handles the administrative penalties. These administrative penalties are essentially the terms of your driver's license suspension.

Because the privilege to drive is considered a constitutional right, the DMV must give a hearing before taking it away. However, this hearing is not a fair fight. The sole decider and prosecutor are one and the same: a DMV employee. Needless to say, a driver's chances of winning and averting the administrative sanction and suspension are not very good. So why is it important to have a lawyer even at this stage of the process?

First, a lawyer can present some mitigating evidence and potentially argue for an alternative sanction. Even if it's impossible to win the case, a lawyer gives you the best chance of getting the least burdensome sanction possible.

More importantly, the administrative hearing acts as a sort of dry-run for the ultimate criminal trial. The DMV will present essentially all the evidence that will be presented in a trial. Your Colorado attorney can then use this intelligence to determine how the case can be attacked in the more impartial trial setting. Additionally, the DMV hearing serves to get all the witnesses on the record with a version of the events while it is relatively fresh in their minds. If they attempt to give another account at the criminal trial, the record from the administrative hearing can be introduced to damage their credibility and help win the case. So it's very important to hire a Denver defense lawyer before, and not after, your administrative hearing.

Wednesday, May 4, 2011

Colorado criminal defense attorney/Right to an attorney

Everybody knows from Law and Order that the police read defendants their Miranda rights after they arrest them. However, since these readings basically seem like rote ceremony, most people that aren't Denver criminal defense lawyers are unaware of how these rights work and how to invoke them. Basically, the Miranda warnings were implemented so the police could not force confessions out of tired, intimidated subjects who didn't know their constitutional rights and didn't have an attorney present. The most crucial component of protecting yourself is your right to an attorney.

Although the Miranda reading is theoretically designed to inform the suspect of his rights, there is really no way somebody with no experience in the legal system would glean the information he needs to make an informed decision about waiver. The officer need not even verbally ask if the suspect wants to waive his rights. The suspect merely needs to know that signing the card indicates a waiver. As such, the suspect may be left with the strong impression that he really has no choice but to sign the card, or that that is what a prudent suspect should do.

Most importantly, a suspect is given no real idea how to end the interrogation. If he equivocates, openly wonders whether it's a good idea to talk to the police, or even tentatively says he probably shouldn't speak to them, that is not treated as an invocation of the right to remain silent. Law enforcement can continue to attempt to persuade him through all these signs that he probably doesn't want to talk. The crucial and magic words are "I want a lawyer." It doesn't matter which criminal defense attorney you ask for, or if you even know one. The interrogation must stop until an attorney shows up. So know this the next time law enforcement gives you trouble: ask for an attorney and they have to stop asking questions. It's the constitution.