As a rule, it's a bad idea to try to be your own criminal defense lawyer. The law is simply too complicated, the rules of evidence too inane, and the complexities too difficult to figure out. In all but the most minor cases you should either hire a Denver criminal defense lawyer or apply for an attorney from the public defender's office. But in certain cases, you don't have the right to have an attorney appointed from the public defender. And some of these cases are simple enough that it may not add value to hire an attorney. You should probably get a consultation from a lawyer to see if they can help you, but if it's going to cost more to pay a lawyer than it would to be convicted (like is the case in a lot of pretty minor speeding cases) you may not want to hire one. Sometimes an attorney will know tricks they can use to get a case dismissed, which is why you need to do a consultation with a Denver criminal defense lawyer, but that's not always the case. So where do you go from there?
Basically, these minor cases are almost entirely traffic cases. Fortunately for lay people, the rules of evidence are much more relaxed for traffic infractions (as opposed to offenses, a distinction I'll get in to more later). Basically, the judge decides what comes in to evidence, and that means essentially everything comes in to evidence. So you want to marshal the evidence you can find, which means photographs from the scene of the ticket, pictures of what the officer might have seen, anything you can find that indicates the officer may not have had a clear view of the scene, and present that all to the judge. You won't be able to get discovery in advance of a hearing for a traffic infraction since again the rules are different. You will have the opportunity to examine the police officer's file, which will probably be confusing.
Just state your case concisely after the officer is done, and show the evidence you have brought. Technicalities relating to a radar gun or police equipment are unlikely to succeed in the hands of a layperson. Again, basically keep everything in the presentation very simple, as to avoid moving parts. That's probably the best way to be your own lawyer.
Wednesday, June 6, 2012
Tuesday, June 5, 2012
Denver criminal defense lawyer / should you turn yourself in?
As a Denver criminal defense lawyer, one of the most difficult parts of my job representing clients is helping people out who are under investigation. It is during this phase of the case that there is the most uncertainty, and frankly the least that a lawyer can do for you. Basically the police have broad discretion in deciding how they want to investigate the case and when and if they want to charge it. During the investigation, there is very little a person who's being investigated can do to help his or her cause. There are plenty of ways to screw things up though, including incriminating yourself in a variety of ways. But essentially if you don't talk to the police, there's not much else you can do.
This process can end in one of two ways. First, the charges can be dropped, which is great for everybody. Second, an arrest warrant can be issues. Although you can try to get a Denver criminal defense lawyer to try to get rid of your Colorado arrest warrant, most likely you will end up being arrested and charged. Obviously, if you are arrested without having known you had a warrant out for your arrest, there is nothing you can do. Just post bond and hire an attorney to try to fight the charge. However, if you find out there is a warrant out for your arrest before the police are at your door, you have to decide how to proceed. There are a number of reasons it might be a good idea to turn yourself in on the warrant. However, never ever do this without speaking to a Denver criminal defense lawyer.
First, turning yourself in is probably the best way to reduce the inconvenience resulting from being arrested and having to spend time in jail. Although you will almost certainly have to spend at least a night in jail, the time can be limited by surrendering at the right time so you are eligible for the earliest possible bond hearing, and so you can have all your ducks in a row prepared to post bond. Additionally, if you are arrested over the weekend you will have to spend the entire weekend in jail, because you will not be able to post bond and get out on a Saturday or Sunday, and the first advisement is generally on Monday morning.
Second, it allows you to control the circumstances of your surrender. Sometimes police officers do not exercise much discretion in deciding how to arrest you. So if you are arrested at your place of business or with friends, that could be incredibly humiliating.
Finally, if you are arrested in your own home, the police may damage a substantial amount of property. A person who suffers property damage along with being arrested will have little recourse for a lawsuit against the state.
These are three reasons that it may make sense to turn yourself in if there is a warrant out for your arrest. They don't apply in every case. Please, please, please speak to an attorney for advice on your particular case before deciding how to proceed.
This process can end in one of two ways. First, the charges can be dropped, which is great for everybody. Second, an arrest warrant can be issues. Although you can try to get a Denver criminal defense lawyer to try to get rid of your Colorado arrest warrant, most likely you will end up being arrested and charged. Obviously, if you are arrested without having known you had a warrant out for your arrest, there is nothing you can do. Just post bond and hire an attorney to try to fight the charge. However, if you find out there is a warrant out for your arrest before the police are at your door, you have to decide how to proceed. There are a number of reasons it might be a good idea to turn yourself in on the warrant. However, never ever do this without speaking to a Denver criminal defense lawyer.
First, turning yourself in is probably the best way to reduce the inconvenience resulting from being arrested and having to spend time in jail. Although you will almost certainly have to spend at least a night in jail, the time can be limited by surrendering at the right time so you are eligible for the earliest possible bond hearing, and so you can have all your ducks in a row prepared to post bond. Additionally, if you are arrested over the weekend you will have to spend the entire weekend in jail, because you will not be able to post bond and get out on a Saturday or Sunday, and the first advisement is generally on Monday morning.
Second, it allows you to control the circumstances of your surrender. Sometimes police officers do not exercise much discretion in deciding how to arrest you. So if you are arrested at your place of business or with friends, that could be incredibly humiliating.
Finally, if you are arrested in your own home, the police may damage a substantial amount of property. A person who suffers property damage along with being arrested will have little recourse for a lawsuit against the state.
These are three reasons that it may make sense to turn yourself in if there is a warrant out for your arrest. They don't apply in every case. Please, please, please speak to an attorney for advice on your particular case before deciding how to proceed.
Denver criminal defense lawyer / Twitter and Facebook
While I try to keep you abreast of the latest happenings in the criminal law world and why those might matter for you, sometimes we need to go to the basics. One such basic, as any Denver criminal defense lawyer will tell you, is your right against self incrimination. This is a pretty damn useful right, considering you can use it to avoid making statements that might harm you, and force the prosecution to prove its case against you. One problem here is that not everybody understands what could incriminate them.
Many people seem to think something posted on Facebook is private. It's not. We should all know that by now. And while it would be a violation of ethics to "friend" someone under false pretenses to gather information, there are a number of ways that information can get to your not so friends in the District Attorney's office. First, if you are posting incriminating information on Facebook, you are probably not so conscientious about your privacy settings. That means feed updates could show up on a Google search. Not every prosecutor or police officer will Google your name as part of the investigation, but they probably should.
Second, if anybody that is privy to your newsfeed is a witness in the case, they'd have to testify about that stuff or face contempt. This would generally be considered hearsay, but since it's an admission of the defendant, it would definitely be allowed in. And again, it's not the witness's (your "friend's") right against self-incrimination. That's your right, and you've waived it by admitting something willingly. This isn't supposed to be something groundbreaking. Just a friendly reminder from a Denver criminal defense lawyer to make sure you aren't screwing up your own case. If you've been charged or are being investigated for a crime, it's already hard enough with the police and the prosecutors on your back. You don't need to be your own worst enemy.
Many people seem to think something posted on Facebook is private. It's not. We should all know that by now. And while it would be a violation of ethics to "friend" someone under false pretenses to gather information, there are a number of ways that information can get to your not so friends in the District Attorney's office. First, if you are posting incriminating information on Facebook, you are probably not so conscientious about your privacy settings. That means feed updates could show up on a Google search. Not every prosecutor or police officer will Google your name as part of the investigation, but they probably should.
Second, if anybody that is privy to your newsfeed is a witness in the case, they'd have to testify about that stuff or face contempt. This would generally be considered hearsay, but since it's an admission of the defendant, it would definitely be allowed in. And again, it's not the witness's (your "friend's") right against self-incrimination. That's your right, and you've waived it by admitting something willingly. This isn't supposed to be something groundbreaking. Just a friendly reminder from a Denver criminal defense lawyer to make sure you aren't screwing up your own case. If you've been charged or are being investigated for a crime, it's already hard enough with the police and the prosecutors on your back. You don't need to be your own worst enemy.
Denver criminal defense lawyer / database driven?
A huge decision that I have to help my client make as a Denver criminal defense lawyer is whether to accept a guilty plea. Sure there is plenty of negotiating and back and forth that goes on beforehand. But after all is said and done, the call has to be made whether to go to trial or plead guilty. And trial involves a ton of risks and unknown variables. The biggest issue here is a lot of this comes down to gut and intuition.
In the world of civil litigation, law firms are putting a ton of effort into creating databases that help them make optimal decisions. These systems analyze "settlement patterns and trial success rates" to help determine whether a client should or shouldn't accept a proposed settlement. Of course there are probably variables that a database can't take into account, but having that much information at your fingertips is incredibly useful.
Unfortunately, there is no similar analog for criminal law. Part of this is simply a money issue. Criminal defense lawyers don't charge as much as civil litigators on either the plaintiff or defense side, because there isn't a ton of money at stake in their litigation. The stakes are much higher in a different way, but not the kind of way that makes it make sense to spend hundreds of thousands of dollars on databases.
Another issue is that clients have different priorities. While civil litigants basically have the same priorities (money, especially on the defense side), some criminal defendants want to keep something off their record, others are most interested in reducing jail time, etc.
Finally in criminal law, most litigation and most decisions are made at the county level. In a civil case, it is probably in federal court, which is much more uniform at least across the federal district (state). For criminal law, each county has different judges who might decide things vastly differently, and different prosecutors who offer different sorts of pleas. So perhaps it is not feasible to make plea decisions based on databases for criminal defense attorneys.
In the world of civil litigation, law firms are putting a ton of effort into creating databases that help them make optimal decisions. These systems analyze "settlement patterns and trial success rates" to help determine whether a client should or shouldn't accept a proposed settlement. Of course there are probably variables that a database can't take into account, but having that much information at your fingertips is incredibly useful.
Unfortunately, there is no similar analog for criminal law. Part of this is simply a money issue. Criminal defense lawyers don't charge as much as civil litigators on either the plaintiff or defense side, because there isn't a ton of money at stake in their litigation. The stakes are much higher in a different way, but not the kind of way that makes it make sense to spend hundreds of thousands of dollars on databases.
Another issue is that clients have different priorities. While civil litigants basically have the same priorities (money, especially on the defense side), some criminal defendants want to keep something off their record, others are most interested in reducing jail time, etc.
Finally in criminal law, most litigation and most decisions are made at the county level. In a civil case, it is probably in federal court, which is much more uniform at least across the federal district (state). For criminal law, each county has different judges who might decide things vastly differently, and different prosecutors who offer different sorts of pleas. So perhaps it is not feasible to make plea decisions based on databases for criminal defense attorneys.
Monday, June 4, 2012
Denver criminal defense lawyer / lawyering your own case
Of course it is going to seem self-serving for a Denver criminal defense lawyer to say this, but I sincerely believe it from the bottom of my heart. Don't lawyer your own case. In some cases, a lawyer won't help you all that much. But if you are looking at anything with jail time or a permanent record, you'll want a lawyer. Are there situations where a layperson could handle everything from start to finish? Sure. how on earth are you going to know whether or not your case is one of those? The only way to know the case is a "simple" one (and I'd dispute there's ever such a thing with so much at stake in terms of punishment, criminal record, expense, and reputation), is to treat it like it will be complicated all the way through, then eliminate the complexities that go into it.
If you attempt to try your own case, chances are you are mostly wasting your time. The law on the elements of the crimes themselves is complex enough. However, that information can basically be gleaned from the statute books. You'll have a hard time interpreting it though. Especially since the statutes are packed full of legal terms of art. These bear a passing resemblance to English but aren't the same at all.
Of course what will really be confusing are the rules of evidence. There are complicated rules that dictate how a defense lawyer or pro se client can try a case. You need to follow specific rules to introduce items into evidence. There are specific mistakes prosecutors make that makes their evidence inadmissible. If you don't object to these mistakes, there is no recourse. It's possible that the judge or prosecutor will take it easy on you and not try to sneak anything by. But is the charity of the opposing party really what you want to rely on? Additionally, even if there's nothing underhanded about it, people make mistakes. Even lawyers and judges miss things about the rules of evidence. That's why it's key to have a criminal defense lawyer in your corner. If the charges are serious, it's worth every penny.
If you attempt to try your own case, chances are you are mostly wasting your time. The law on the elements of the crimes themselves is complex enough. However, that information can basically be gleaned from the statute books. You'll have a hard time interpreting it though. Especially since the statutes are packed full of legal terms of art. These bear a passing resemblance to English but aren't the same at all.
Of course what will really be confusing are the rules of evidence. There are complicated rules that dictate how a defense lawyer or pro se client can try a case. You need to follow specific rules to introduce items into evidence. There are specific mistakes prosecutors make that makes their evidence inadmissible. If you don't object to these mistakes, there is no recourse. It's possible that the judge or prosecutor will take it easy on you and not try to sneak anything by. But is the charity of the opposing party really what you want to rely on? Additionally, even if there's nothing underhanded about it, people make mistakes. Even lawyers and judges miss things about the rules of evidence. That's why it's key to have a criminal defense lawyer in your corner. If the charges are serious, it's worth every penny.
Denver criminal defense lawyer / negotiating
For a Denver criminal defense lawyer, not everything is about fighting. Sometimes getting the best deal for a client is about pleading out as opposed to going to trial. In fact, stupidly going to trial can cost a client hard time a lot of the time. But the decision of whether to go to trial or not isn't a binary one. It's also about getting the best deal for a client.
Part of this involves the criminal defense lawyer building and presenting his case in the best way possible. The prosecutor has a ton of discretion over how the case proceeds, the defense lawyer not so much. If I can convince the prosecutor that he can prove the defendant guilty beyond a reasonable doubt, he may simply drop the charges without proceeding further. Of course in many cases that's not feasible for a number of reasons (often the prosecutor feels the case is strong enough, either that or his hands are tied by regulations).
In that case, it is a delicate dance of negotiation. Most criminal defense lawyers got into this area to fight, so this is a bit different. But at the same time, we have to get the best outcome for our clients. In negotiation there are two keys. One is simply the interpersonal aspect. If the prosecutor likes me and likes my client, he'll offer a better deal. So it's all about building a working relationship with the prosecutor, and painting the client in a sympathetic light. That's pretty simple sounding but there is an art to it and there are a number of secrets.
The second key is negotiation stance and how to handle information. I want to show the prosecutor that I'm dealing from a position of strength, which means explaining some stuff about the case we've built. But I also don't want the whole thing out in the air, because that will weaken my stance if we do proceed to trial (that is, unless the case I've build is bulletproof, which is basically never). After that, it's just about deciding how hard a line to take, and making sure my client is aware of the risk inherent in going to trial as balanced to the benefit of the possible plea bargain (but the certainty that the plea will result in a conviction probably on a lesser offense).
Part of this involves the criminal defense lawyer building and presenting his case in the best way possible. The prosecutor has a ton of discretion over how the case proceeds, the defense lawyer not so much. If I can convince the prosecutor that he can prove the defendant guilty beyond a reasonable doubt, he may simply drop the charges without proceeding further. Of course in many cases that's not feasible for a number of reasons (often the prosecutor feels the case is strong enough, either that or his hands are tied by regulations).
In that case, it is a delicate dance of negotiation. Most criminal defense lawyers got into this area to fight, so this is a bit different. But at the same time, we have to get the best outcome for our clients. In negotiation there are two keys. One is simply the interpersonal aspect. If the prosecutor likes me and likes my client, he'll offer a better deal. So it's all about building a working relationship with the prosecutor, and painting the client in a sympathetic light. That's pretty simple sounding but there is an art to it and there are a number of secrets.
The second key is negotiation stance and how to handle information. I want to show the prosecutor that I'm dealing from a position of strength, which means explaining some stuff about the case we've built. But I also don't want the whole thing out in the air, because that will weaken my stance if we do proceed to trial (that is, unless the case I've build is bulletproof, which is basically never). After that, it's just about deciding how hard a line to take, and making sure my client is aware of the risk inherent in going to trial as balanced to the benefit of the possible plea bargain (but the certainty that the plea will result in a conviction probably on a lesser offense).
Denver criminal defense lawyer / don't drive on a suspended license
As a Denver criminal defense lawyer, I have pretty strident opinions about non-violent offenders being overpunished with jail time. That's particularly the case with drug offenses, of which the prison population is overwhelmingly comprised. It's relatively silly to put people who aren't going to hurt other people away... so they won't hurt people. Drugs can be bad, but really what's worse is what happens to people in prison.
That said, there's one type of non-violent and relatively non-threatening offense that even a Denver criminal defense lawyer can't help you out with very much. It's a relatively benign sounding traffic offense. That's right, driving without a license or driving after your license has been suspended can get you in serious trouble. Part of this is that the state doesn't want people flouting its authority. Part of it is that it deprives the state of the opportunity to regulate licensing. In any case, the punishments for driving on a suspended license are dramatic.
First, you will face jail time. A first offense for driving on a suspended license will result in 5-30 days in county jail. Unlike other jail sentences, the jail time in this case can not be suspended. Jail is a bad place to go. In most cases, the prosecution will be lenient enough to allow for in-home detention, which is quite a bit better. However, it's still incredibly inconvenient and will disrupt your life.
Second, you'll face a license suspension. For a first time offense, the Department of Revenue will add 12 months of suspension to your license. And that suspension can't run at the same time as any other suspensions on your record. So if you're two months away from getting your license back, prepare for another year and two months of taking the bus or riding your bike (good luck with that in the winter, and I've tried).
Finally, Colorado has something called the habitual traffic offender statute. The details are complicated and I might get into it a little bit more on a future entry on the Denver criminal defense lawyer blog. But the basic upshot is that there is a tallying system of points, sort of similar to the points system for suspending a drivers license. These points are a lot harder to get fortunately, but the punishment is also a lot more dramatic. Tally up enough points (and one way to do this is drive on a suspended license three times) and you'll be riding your bike everywhere for five years. The upshot of all this is pretty simple: if you get your license suspended don't drive. It's not worth the risk, no matter how carefully you think you drive.
That said, there's one type of non-violent and relatively non-threatening offense that even a Denver criminal defense lawyer can't help you out with very much. It's a relatively benign sounding traffic offense. That's right, driving without a license or driving after your license has been suspended can get you in serious trouble. Part of this is that the state doesn't want people flouting its authority. Part of it is that it deprives the state of the opportunity to regulate licensing. In any case, the punishments for driving on a suspended license are dramatic.
First, you will face jail time. A first offense for driving on a suspended license will result in 5-30 days in county jail. Unlike other jail sentences, the jail time in this case can not be suspended. Jail is a bad place to go. In most cases, the prosecution will be lenient enough to allow for in-home detention, which is quite a bit better. However, it's still incredibly inconvenient and will disrupt your life.
Second, you'll face a license suspension. For a first time offense, the Department of Revenue will add 12 months of suspension to your license. And that suspension can't run at the same time as any other suspensions on your record. So if you're two months away from getting your license back, prepare for another year and two months of taking the bus or riding your bike (good luck with that in the winter, and I've tried).
Finally, Colorado has something called the habitual traffic offender statute. The details are complicated and I might get into it a little bit more on a future entry on the Denver criminal defense lawyer blog. But the basic upshot is that there is a tallying system of points, sort of similar to the points system for suspending a drivers license. These points are a lot harder to get fortunately, but the punishment is also a lot more dramatic. Tally up enough points (and one way to do this is drive on a suspended license three times) and you'll be riding your bike everywhere for five years. The upshot of all this is pretty simple: if you get your license suspended don't drive. It's not worth the risk, no matter how carefully you think you drive.
Sunday, June 3, 2012
Denver criminal defense lawyer / Blackmon shows you what not to do
Obviously a Denver criminal defense lawyer needs clients to eat. But I'd much rather my clients didn't get in trouble anyway. That's why it's interesting to see screwing up and getting a DUI isn't below even the richest and most famous among us. Here we see Jaguars draft pick Justin Blackmon got arrested and blew a .24. Basically, a young man with millions of dollars at stake is now in a lot of trouble (though most of his contract is guaranteed, and generally a DUI won't cause a big problem for a professional athlete). But he has seriously harmed his reputation at least for the moment, and for no real reason.
Mistake 1: don't do it.
I don't fully understand why a person with all the money in the world would be driving his own car home from a party. You can call a cab, call a limo, call a friend or a lover or whatever. Just don't drive home. As a sidenote, most NFL teams actually have car services on speed dial. You just call the service, and they'll make sure you and your car get home safely. Hilariously a lot of players refuse to use this free and extremely convenient service. Maybe it is just the super masculine nature of the beast.
Mistake 2: driving like a lunatic
To pull you over, the police require probable cause that a crime's being committed. In the case of a DUI, a lot of times that is swerving back and forth. In Blackmon's case, he was clocked at 60 mph in a 35 mph zone. Well, that's not only dangerous and stupid, it's sure to get you pulled over and flagged for further investigation. This is particularly the case at 3 in the morning.
Mistake 3: admitting anything
In this case, Blackmon admitted he'd been consuming alcohol. Although it's pretty likely you would still be in a lot of trouble even so, why give the cops more ammunition? You have the right to not incriminate yourself, so just ask to speak to a lawyer instead of saying you did something wrong and doing the cop's job for him?
Mistake 1: don't do it.
I don't fully understand why a person with all the money in the world would be driving his own car home from a party. You can call a cab, call a limo, call a friend or a lover or whatever. Just don't drive home. As a sidenote, most NFL teams actually have car services on speed dial. You just call the service, and they'll make sure you and your car get home safely. Hilariously a lot of players refuse to use this free and extremely convenient service. Maybe it is just the super masculine nature of the beast.
Mistake 2: driving like a lunatic
To pull you over, the police require probable cause that a crime's being committed. In the case of a DUI, a lot of times that is swerving back and forth. In Blackmon's case, he was clocked at 60 mph in a 35 mph zone. Well, that's not only dangerous and stupid, it's sure to get you pulled over and flagged for further investigation. This is particularly the case at 3 in the morning.
Mistake 3: admitting anything
In this case, Blackmon admitted he'd been consuming alcohol. Although it's pretty likely you would still be in a lot of trouble even so, why give the cops more ammunition? You have the right to not incriminate yourself, so just ask to speak to a lawyer instead of saying you did something wrong and doing the cop's job for him?
Friday, June 1, 2012
Denver criminal defense lawyer / employer reactions to drugs
This isn't something I strictly deal with as a Denver criminal defense lawyer, but it is close to my heart because I have clients who deal with drug possession charges. It appears the Supreme Court will not hear a challenge to a law that allows companies to fire employees for taking controlled substances. That includes medical marijuana even if the patient has a perfectly valid prescription.
Essentially it works like this. Employment law cases start in a totally different court system than criminal law cases. When you apply for unemployment benefits, it goes to an administrative law judge. These are judges who deal with a different sort of law that exists totally under the governor. They don't really look at the statutes as much as the administrative code. In this case, even though the employer challenged the application for benefits, the employees won.
The employer then challenged that ruling to a district court. That's a more typical court, part of the judicial branch instead of the executive, charged with applying the laws and constitution, etc. In that court, the employer won. After two more appeals, that's become final. Like I said though this isn't a problem for criminal defense lawyers, it does indicate something about the state of marijuana law among the judicial branch. Probably the only real chance that this actually gets changed is through referendum.
Essentially it works like this. Employment law cases start in a totally different court system than criminal law cases. When you apply for unemployment benefits, it goes to an administrative law judge. These are judges who deal with a different sort of law that exists totally under the governor. They don't really look at the statutes as much as the administrative code. In this case, even though the employer challenged the application for benefits, the employees won.
The employer then challenged that ruling to a district court. That's a more typical court, part of the judicial branch instead of the executive, charged with applying the laws and constitution, etc. In that court, the employer won. After two more appeals, that's become final. Like I said though this isn't a problem for criminal defense lawyers, it does indicate something about the state of marijuana law among the judicial branch. Probably the only real chance that this actually gets changed is through referendum.
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