Yes, even Denver criminal defense lawyers like to socialize occasionally. At a party, it seems like everybody wants to be a lawyer's friend, until they find out the lawyer can't really give them any advice. All we can do is talk in general, wide-open platitudes. Why is that?
The attorney-client relationship is a powerful thing. Once a lawyer enters into that relationship, he has a duty to make sure he does everything he can to get the best outcome for the client. There is no such thing as "taking a quick look at the case" and helping you out, like a mechanic can. The quick look can give rise to ethical issues and also be the basis for malpractice.
Worse for the lawyer, he does not even necessarily control when an attorney-client relationship arises. What the courts look at in determining whether there is an attorney-client relationship is the client's expectation that the lawyer was giving him legal advice, and had established such a relationship. There is a famous (or infamous) case where an attorney was having drinks with a woman, gave a few words of legal advice before they engaged in intercourse. That was determined to be an ethical violation -- the few words of legal advice made her his client, and having sex with your client violates the rules of ethics.
As such, lawyers need to be cautious about helping others with legal issues in a casual situation. It can give rise to some pretty sticky ethical dilemmas. Next time you meet a Denver criminal defense lawyer at a party, ask about courtroom war stories, grey suits, or bad music. We're happy to talk about that. Unfortunately it's not our fault we can't help you with your legal issues on the spot. Call us in the morning. We can talk in an office, for a fee.
Thursday, June 16, 2011
Wednesday, June 15, 2011
Denver criminal defense lawyer / yes prison really is that bad
Occasionally pop culture kind of makes prison out to be a lark. There's George Michael Bluth in "Arrested Development" playing softball in prison and chilling with arsonists. There's Avon Barksdale playing softball and running a drug operation for a few years after he gets busted. There's also the occasional story about some old guy with no money intentionally committing a crime so he'll have a warm place to sleep in the cold winter. However, as a Denver criminal defense lawyer, I feel I need to point out to my clients (if they don't understand already) that prison is really brutal. Here is a case in point:
Prosecutors said that the four inmate assailants used their fists, feet and padlocks attached to belts to beat Zuniga-Garcia to death in his cell, according to the Denver Post. The attackers, Jose Augustin Pluma, Juan Martin Ruelas, Mark Rosalez and Justin Hernandez are being indicted with second-degree murder, conspiracy and possession of contraband in prison.Now obviously only the those who are convicted of the most serious crimes will do time in the Supermax Prison in Florence where this murder took place. Most Denver criminal defense lawyers will not try a federal case in their whole careers, let alone a case where the defendant is considered one of the most dangerous in the entire federal system. However, concerns about the living conditions across the federal prison system are rampant, from health care in California (which was recently ordered to reorganize its prisons and decrease the population by 30,000 inmates) to the concerns about sexual assault across the entire American penal system. All in all, even a very short prison sentence is probably worse for the average criminal defendant than a suspended sentence with a variety of service requirements and the like. If your Denver criminal defense lawyer can negotiate a non-penal sentence, that is a good thing.
Tuesday, June 14, 2011
Denver criminal defense lawyer / how to handle a BAC test
As stated earlier on this blog, if you decline a blood alcohol test, you could face pretty serious administrative and criminal sanctions. By completely refusing the breathalyzer, you give your Denver criminal defense lawyer significantly less to work with. However, there are a few things you can do to handle the tests properly and minimize the damage.
First, remember the hand-held test the police may attempt to administer is completely optional. This is not covered by the implied consent doctrine, so refusing to blow right away cannot get you in trouble. That's because the hand-held units are considered fairly inaccurate, and aren't admissible in court to prove your blood alcohol content. As such, the only thing that can come of submitting to the roadside tests is additional evidence allowing law enforcement to conduct more detailed investigation, including bringing you back to the station for a more accurate breath or blood test. Remember, a large portion of your Denver criminal defense lawyer's case is going to rely on proving the stop and arrest were illegal. The less law enforcement can get on the scene, the more likely the stop can be shown to be illegal.
Second, in Colorado, those suspected of DUI have the right to a blood test. A breath test is easier and cheaper for law enforcement, so you probably won't be told about this. However, that's not your business. The blood test is much more accurate and slightly harder to obtain. As such, it increases your chances of getting the right result.
Finally, call a Denver criminal defense attorney and exercise your right to an attorney as soon as possible. Even if you can't remember all these rights, an attorney has been through many of these cases and can help guide you through your dealings with law enforcement as well as the rest of the case.
First, remember the hand-held test the police may attempt to administer is completely optional. This is not covered by the implied consent doctrine, so refusing to blow right away cannot get you in trouble. That's because the hand-held units are considered fairly inaccurate, and aren't admissible in court to prove your blood alcohol content. As such, the only thing that can come of submitting to the roadside tests is additional evidence allowing law enforcement to conduct more detailed investigation, including bringing you back to the station for a more accurate breath or blood test. Remember, a large portion of your Denver criminal defense lawyer's case is going to rely on proving the stop and arrest were illegal. The less law enforcement can get on the scene, the more likely the stop can be shown to be illegal.
Second, in Colorado, those suspected of DUI have the right to a blood test. A breath test is easier and cheaper for law enforcement, so you probably won't be told about this. However, that's not your business. The blood test is much more accurate and slightly harder to obtain. As such, it increases your chances of getting the right result.
Finally, call a Denver criminal defense attorney and exercise your right to an attorney as soon as possible. Even if you can't remember all these rights, an attorney has been through many of these cases and can help guide you through your dealings with law enforcement as well as the rest of the case.
Monday, June 13, 2011
Denver criminal defense lawyer / J.R. Smith: of dumb people and dumber laws
J.R. Smith has been keeping Denver criminal defense lawyers busy for the better part of his time with the Nuggets. He served time for a car crash that killed his best friend. Then he had his house broken into and had $15,000 stolen. His last brush with the traffic cops though would seem to be the silliest. J.R. was arrested in Florida for operating a scooter without a license. Now your first reaction to that might be: Florida seriously has a law on its books criminalizing that? And after that it would be: Florida seriously enforces that ridiculous law?
After that though, there are a few interesting criminal law lessons for lay people. First, states are full of really stupid criminal laws. That includes Colorado's criminal law code. Second, you're responsible for knowing and obeying all those stupid laws.
That saying about ignorance of the law not being an excuse? It's not just a saying. Everybody in every state is assumed to know every single state and federal law that applies to them. It's ludicrous, but it's also sort of necessary.
And finally, states take motor vehicle types of regulations pretty seriously. If you think that something might be against the law, either ask or just refrain. And even if you ask a Denver criminal defense lawyer for advice, don't necessarily believe it right up front. He's probably right, but then again you're the one who would go to jail if something like spitting on the sidewalk out of your station wagon's window turns out to be illegal. Sure, we're not all lawyers, and the law can be very confusing sometimes. However, with a little bit of caution and a healthy dose of common sense, the non J.R. Smith members of society can typically stay out of trouble, even in a world where you need a license to drive a motor scooter.
After that though, there are a few interesting criminal law lessons for lay people. First, states are full of really stupid criminal laws. That includes Colorado's criminal law code. Second, you're responsible for knowing and obeying all those stupid laws.
That saying about ignorance of the law not being an excuse? It's not just a saying. Everybody in every state is assumed to know every single state and federal law that applies to them. It's ludicrous, but it's also sort of necessary.
And finally, states take motor vehicle types of regulations pretty seriously. If you think that something might be against the law, either ask or just refrain. And even if you ask a Denver criminal defense lawyer for advice, don't necessarily believe it right up front. He's probably right, but then again you're the one who would go to jail if something like spitting on the sidewalk out of your station wagon's window turns out to be illegal. Sure, we're not all lawyers, and the law can be very confusing sometimes. However, with a little bit of caution and a healthy dose of common sense, the non J.R. Smith members of society can typically stay out of trouble, even in a world where you need a license to drive a motor scooter.
Thursday, June 9, 2011
Denver criminal defense lawyer / what about a no blow?
Most Denver criminal defense attorneys will advise you not to cooperate with the police on the scene and instead ask for your Denver DUI lawyer immediately. That's because most of the things police officers will ask you to do, such as roadside sobriety tests and answering questions are totally optional. You don't have to do them, and it can't be used as evidence against you in court if you decline to cooperate. There is one exception: the blood alcohol test. Although the blood alcohol test is technically optional, if you decline to take it, the penalty is actually more severe than blowing an illegal level.
That's because of a doctrine called "implied consent." The theory goes that by possessing a driver's license, you have consented to reasonable measures to keep the road safe. Although this may sound somewhat like hooey (doesn't everybody have to drive?) the Supreme Court permits it under the constitution. As such, although you do have the right to decline a sobriety test, you'll be punished for doing so. A "no-blow" can result in you license being suspended for up to a year, along with a stint in jail. As such, while it's best to not answer an officer's questions in the field, and smart not to subject yourself to field sobriety tests, and you should definitely call a Denver criminal defense lawyer as soon as you think you might be in trouble for a DUI, one thing you probably won't be able to ultimately avoid is taking some kind of blood alcohol test. I will have more commentary on this in a later post, but for now just know that a Denver DUI lawyer can help make sure the blood alcohol test does as little damage to your case as possible, while protecting your rights throughout the process, so call one as soon as possible.
That's because of a doctrine called "implied consent." The theory goes that by possessing a driver's license, you have consented to reasonable measures to keep the road safe. Although this may sound somewhat like hooey (doesn't everybody have to drive?) the Supreme Court permits it under the constitution. As such, although you do have the right to decline a sobriety test, you'll be punished for doing so. A "no-blow" can result in you license being suspended for up to a year, along with a stint in jail. As such, while it's best to not answer an officer's questions in the field, and smart not to subject yourself to field sobriety tests, and you should definitely call a Denver criminal defense lawyer as soon as you think you might be in trouble for a DUI, one thing you probably won't be able to ultimately avoid is taking some kind of blood alcohol test. I will have more commentary on this in a later post, but for now just know that a Denver DUI lawyer can help make sure the blood alcohol test does as little damage to your case as possible, while protecting your rights throughout the process, so call one as soon as possible.
Wednesday, June 8, 2011
Denver criminal defense lawyer / hourly or flat fees?
For many people who make mistakes and end up in a spot of trouble with the law, the cost of their Denver criminal defense lawyer is paramount. But just as crucial as the cost of the lawyer you hire can be how you are billed. Most attorneys bill an hourly rate: they take a retainer, bill their hours against that retainer until the case is over or until the retainer is gone, then ask for additional retainer money. If the client is unable to provide more money, the attorney will no longer represent him.
However, with Denver criminal defense lawyers, you typically have a choice of paying either hourly or something called a "graduated fixed fee." Essentially, a graduated fixed fee is a flat fee. However, Denver criminal defense lawyers are prohibited from charging a fee for the whole case then keeping the fee if they must drop the case for whatever reason. As such, the lawyer divides the case into parts, and assigns each part of the case a designated portion of the fee. He can then take the money as he earns it, although typically the case is seen through to its completion so the client is billed the entire amount.
What are the downsides of the fixed fee arrangement for the client? For one, it can carry significant sticker shock. Additionally, the client will typically have to foot the bill for the costs of the entire case right up front, unless the attorney will make a fee arrangement.
That said, there are significant upsides to the fixed fee. First, it ensures you will actually be able to afford the service you are paying for. If a Denver DUI attorney gives an hourly rate, then says it will take approximately 10 hours to represent you in the DUI and asks for that as a retainer, you have no assurances that the case will be resolved. He may burn through that entire retainer, due to unanticipated complications or other issues, and leave you trying to decide what to do: pony up more money or find another lawyer.
Second, a flat fee can ease significant burdens about your strategic decisions. If your Denver criminal defense attorney is working by the hour, he may say: this motion has a 40% chance of winning, and if you win, it will win the whole case. But it will take me another $2,000 worth of time to prepare the argument. In a flat fee situation, you have already covered this. The lawyer is bearing the risk of the case being more expensive than anticipated. That's why I use fixed fees: so you don't have to make hard decisions about your case.
However, with Denver criminal defense lawyers, you typically have a choice of paying either hourly or something called a "graduated fixed fee." Essentially, a graduated fixed fee is a flat fee. However, Denver criminal defense lawyers are prohibited from charging a fee for the whole case then keeping the fee if they must drop the case for whatever reason. As such, the lawyer divides the case into parts, and assigns each part of the case a designated portion of the fee. He can then take the money as he earns it, although typically the case is seen through to its completion so the client is billed the entire amount.
What are the downsides of the fixed fee arrangement for the client? For one, it can carry significant sticker shock. Additionally, the client will typically have to foot the bill for the costs of the entire case right up front, unless the attorney will make a fee arrangement.
That said, there are significant upsides to the fixed fee. First, it ensures you will actually be able to afford the service you are paying for. If a Denver DUI attorney gives an hourly rate, then says it will take approximately 10 hours to represent you in the DUI and asks for that as a retainer, you have no assurances that the case will be resolved. He may burn through that entire retainer, due to unanticipated complications or other issues, and leave you trying to decide what to do: pony up more money or find another lawyer.
Second, a flat fee can ease significant burdens about your strategic decisions. If your Denver criminal defense attorney is working by the hour, he may say: this motion has a 40% chance of winning, and if you win, it will win the whole case. But it will take me another $2,000 worth of time to prepare the argument. In a flat fee situation, you have already covered this. The lawyer is bearing the risk of the case being more expensive than anticipated. That's why I use fixed fees: so you don't have to make hard decisions about your case.
Monday, June 6, 2011
Denver criminal defense lawyer / why many similar crimes receive different sentences
As a Denver criminal defense lawyer, one question I am frequently asked is why it is so hard to predict the outcome of cases? After all, there are thousands of DUIs every year, and hundreds of assault cases, so why can't a Denver DUI lawyer have a fairly firm idea as to what the sentence is likely to be? The answer to this question boils down to a few essential factors.
First, every case is different. Where a client sees a basic DUI case, a Denver DUI lawyer sees many different factors that can affect the outcome. What evidence will be admissible in court? How much did the defendant tell the arresting officer? Is it a first offense or a fifth offense? What kind of mitigating evidence can be presented to minimize the sentence, or make the defendant look better for the jury?
Second, each jurisdiction treats cases differently. Where some counties are extremely busy with murders and gang violence, with little time to take DUIs to trial, others see DUIs or drug crimes as a top priority. If you're unlucky enough to get charged in one of these harsher jurisdictions, sometimes there is basically no room for bargaining. The prosecutor makes an offer, and the defendant can either take it or go to trial.
In a more lenient jurisdiction, the prosecutors will be more reluctant to bear the time and monetary costs of trial. That means more room for bargaining, and a better chance of a decent plea bargain even without winning at trial. Ultimately, the outcome of a case depends on a variety of factors. If your Denver DUI lawyer makes any concrete promises, run away, since even the best criminal defense lawyer cannot make any guarantees, with so many different factors affecting the potential outcome, many outside the lawyer's control.
First, every case is different. Where a client sees a basic DUI case, a Denver DUI lawyer sees many different factors that can affect the outcome. What evidence will be admissible in court? How much did the defendant tell the arresting officer? Is it a first offense or a fifth offense? What kind of mitigating evidence can be presented to minimize the sentence, or make the defendant look better for the jury?
Second, each jurisdiction treats cases differently. Where some counties are extremely busy with murders and gang violence, with little time to take DUIs to trial, others see DUIs or drug crimes as a top priority. If you're unlucky enough to get charged in one of these harsher jurisdictions, sometimes there is basically no room for bargaining. The prosecutor makes an offer, and the defendant can either take it or go to trial.
In a more lenient jurisdiction, the prosecutors will be more reluctant to bear the time and monetary costs of trial. That means more room for bargaining, and a better chance of a decent plea bargain even without winning at trial. Ultimately, the outcome of a case depends on a variety of factors. If your Denver DUI lawyer makes any concrete promises, run away, since even the best criminal defense lawyer cannot make any guarantees, with so many different factors affecting the potential outcome, many outside the lawyer's control.
Wednesday, June 1, 2011
Denver criminal defense lawyer / suspended sentences
In some cases, a Denver criminal defense lawyer will negotiate a plea agreement by which the defendant is required to serve a suspended sentence. What does this mean? It is really a probationary sentence. In a suspended sentence, none of the jail time sentenced is actually served right away. Instead, the sentence is "suspended" until another condition is fulfilled. Typically, this means if you commit a different crime, you will not only be punished for the second offense, you will also be forced to serve the sentence for the initial offense.
Another significant benefit of your Denver criminal defense lawyer negotiating a suspended sentence is that it makes it easier to have the crime expunged from your record. If you get sentenced to a suspended sentence, it is easier to have the sentence expunged from your record. If you comply with the conditions attached to your suspended sentence, typically your defense attorney will be able to go back to the court and argue for the record of the case to be expunged. That means if you comply with the conditions set forth by the court, not only will you not have to serve any jail time, you will not have a criminal record after a few years.
Defendants who receive suspended sentences do need to be very careful to comply with conditions. Along with the sentence hanging over their head during the probationary period, the court often feels like it has cut the offender a break. That means the judge will feel somewhat personally slighted the second time, and will be more likely to throw the book at him for a second offense. Of course, this totally depends on the judge. Generally, a suspended sentence is a great outcome for a Denver criminal defense attorney to get for his client, and can result in a second chance instead of time behind bars.
Another significant benefit of your Denver criminal defense lawyer negotiating a suspended sentence is that it makes it easier to have the crime expunged from your record. If you get sentenced to a suspended sentence, it is easier to have the sentence expunged from your record. If you comply with the conditions attached to your suspended sentence, typically your defense attorney will be able to go back to the court and argue for the record of the case to be expunged. That means if you comply with the conditions set forth by the court, not only will you not have to serve any jail time, you will not have a criminal record after a few years.
Defendants who receive suspended sentences do need to be very careful to comply with conditions. Along with the sentence hanging over their head during the probationary period, the court often feels like it has cut the offender a break. That means the judge will feel somewhat personally slighted the second time, and will be more likely to throw the book at him for a second offense. Of course, this totally depends on the judge. Generally, a suspended sentence is a great outcome for a Denver criminal defense attorney to get for his client, and can result in a second chance instead of time behind bars.
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