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.
Thursday, May 31, 2012
Denver criminal defense lawyer / waiting
One of the things I do a lot of as a Denver criminal defense lawyer is wait around. Is this a dirty little secret? Does that mean I don't add value for you in helping solve your legal issue? Hardly. For one, you basically need competent counsel to avoid being screwed over in the system, which is incredibly complex and difficult to navigate. Second, a lawyer will save you time out of your day and will be able to handle the lines more efficiently than you can.
If you try to go through and handle your case on your own, you'll find you wait in a ton of lines. There is a line to talk to the judge at the arraignment. There is a line to wait for the clerk and set the next date. There is a line at the collections window if you want to pay that day. And of course it's important to get there early to make sure you don't piss off the judge. You're already in enough trouble. And court doesn't operate at a different time from your job or other obligations. That means you've got to take time off, lose money, and generally sit around a lot.
So one thing a Denver criminal defense lawyer can do for you is wait in a lot of lines for you. We usually don't have to wait in exactly the same lines. Some of the hearings can be waived. Some courts give priority to represented parties so Denver criminal defense lawyers can meet with the prosecutor or the judge right away. Otherwise, an attorney can frequently schedule several clients together so he only has to meet with the prosecutor once. That means where it would take you an hour to wait in line, a lawyer only takes a few minutes out of his day, and can save you money effectively.
If you try to go through and handle your case on your own, you'll find you wait in a ton of lines. There is a line to talk to the judge at the arraignment. There is a line to wait for the clerk and set the next date. There is a line at the collections window if you want to pay that day. And of course it's important to get there early to make sure you don't piss off the judge. You're already in enough trouble. And court doesn't operate at a different time from your job or other obligations. That means you've got to take time off, lose money, and generally sit around a lot.
So one thing a Denver criminal defense lawyer can do for you is wait in a lot of lines for you. We usually don't have to wait in exactly the same lines. Some of the hearings can be waived. Some courts give priority to represented parties so Denver criminal defense lawyers can meet with the prosecutor or the judge right away. Otherwise, an attorney can frequently schedule several clients together so he only has to meet with the prosecutor once. That means where it would take you an hour to wait in line, a lawyer only takes a few minutes out of his day, and can save you money effectively.
Friday, May 25, 2012
Denver criminal defense lawyer / competence and fear
When you hire a Denver criminal defense lawyer, you might think there is an obligation that he will be competent. Well, there is. It's rule #1 of attorney ethics. But it's also a pretty complicated and difficult thing to enforce. First of all, a client hires the lawyer to be an expert. How's the client supposed to know when the lawyer is acting competently or not? The answer is they often don't. Obviously if a lawyer screws up enough, a prosecutor will see it, or a diligent client will finally catch on. But still, some of this stuff is scary.
In this vein I bring you Brian Rakofsky. Although he's not a Denver criminal defense lawyer (he practices in New Jersey), the story is instructive here. Basically straight out of law school he decided he could handle a murder trial. First chair, without help. The prosecution offered his client five years in prison. He told his client to turn down the offer. He then proceeded to completely screw up the trial, to the point where the judge had no choice but to declare a mistrial. Rakofsky had no idea what he was doing, to the point where he apparently couldn't serve process on witnesses. He was happy about the mistrial, with no regard for the fact that (1) his client was sitting in jail the whole time and (2) he had taken the 5 year offer off the table and his client would not be sentenced to 10 years.
And what did the State Bar of New Jersey do? Nothing, at least yet. He had his licensed suspended for a few months for failing to pay his fees (lawyers are always really concerned about money). But other than that, he'll be free to take more clients assuming he can get them, having had his professional reputation sullied all over the internet. I'd like to say you couldn't say the same thing for Denver criminal defense lawyers, but I'm sure there are some bad eggs out there willing to take your money. So pay attention to your lawyer's experience, and more importantly make sure your lawyer knows what he's doing when it comes down to the actual trial.
In this vein I bring you Brian Rakofsky. Although he's not a Denver criminal defense lawyer (he practices in New Jersey), the story is instructive here. Basically straight out of law school he decided he could handle a murder trial. First chair, without help. The prosecution offered his client five years in prison. He told his client to turn down the offer. He then proceeded to completely screw up the trial, to the point where the judge had no choice but to declare a mistrial. Rakofsky had no idea what he was doing, to the point where he apparently couldn't serve process on witnesses. He was happy about the mistrial, with no regard for the fact that (1) his client was sitting in jail the whole time and (2) he had taken the 5 year offer off the table and his client would not be sentenced to 10 years.
And what did the State Bar of New Jersey do? Nothing, at least yet. He had his licensed suspended for a few months for failing to pay his fees (lawyers are always really concerned about money). But other than that, he'll be free to take more clients assuming he can get them, having had his professional reputation sullied all over the internet. I'd like to say you couldn't say the same thing for Denver criminal defense lawyers, but I'm sure there are some bad eggs out there willing to take your money. So pay attention to your lawyer's experience, and more importantly make sure your lawyer knows what he's doing when it comes down to the actual trial.
Denver criminal defense lawyer / value added
In addition to being a Denver criminal defense lawyer, I'm also a big fan the the National Basketball Association. One thing that's even more clear with the NBA than with the law is that it's all about money. Particularly, it is all about how much value a player is adding to his team in relation to his salary. This isn't just about the owner's pocket book, it's also about putting a winning team out there. You see if an NBA team is paying Rashard Lewis like LeBron James (he's actually making more, can you believe that?) they can't spend the money elsewhere and can't win games. So a team needs to figure out how much value a player is adding in terms of how many games he's helping the team win.
You should do the same when looking for a Denver criminal defense lawyer. Attorneys fees are not cheap. There are a couple things you can do to make sure your lawyer is adding value. First, just ask. For minor traffic infractions and offenses, it's possible an attorney's fee simply won't be worth it. Sometimes the plea deal we can get is no better than the one you get simply by paying the ticket, then you'll have to pay the fee which might be as much as the ticket in the first place. It's worth having a Denver criminal defense lawyer look at the ticket, because it's possible he can get it dismissed, but don't pay unless you are relatively certain it will be worth it.
In cases where it's not this simple, the calculus is a lot more basic. Lawyers do add value, because you probably have no clue how to go about handling your own case for 90% of crimes or offenses. Even the plea bargain involves complicated considerations about the probability of winning at trial that a person with experience can help you with tremendously. So tread carefully with more serious stuff, but for a traffic ticket make sure you are getting some value for your fee.
You should do the same when looking for a Denver criminal defense lawyer. Attorneys fees are not cheap. There are a couple things you can do to make sure your lawyer is adding value. First, just ask. For minor traffic infractions and offenses, it's possible an attorney's fee simply won't be worth it. Sometimes the plea deal we can get is no better than the one you get simply by paying the ticket, then you'll have to pay the fee which might be as much as the ticket in the first place. It's worth having a Denver criminal defense lawyer look at the ticket, because it's possible he can get it dismissed, but don't pay unless you are relatively certain it will be worth it.
In cases where it's not this simple, the calculus is a lot more basic. Lawyers do add value, because you probably have no clue how to go about handling your own case for 90% of crimes or offenses. Even the plea bargain involves complicated considerations about the probability of winning at trial that a person with experience can help you with tremendously. So tread carefully with more serious stuff, but for a traffic ticket make sure you are getting some value for your fee.
Monday, March 26, 2012
Denver criminal defense lawyer / affirmative defenses
On the Denver criminal defense lawyer blog, I've already talked some about burdens of proof for different things in a criminal case. The most important one is obviously reasonable doubt which is the standard the state must prove a defendant's guilt beyond, but beyond that there are a number of others. The primary one is that a defendant must prove any affirmative defenses himself. Generally those must be proved by the preponderance of the evidence. That means your Denver criminal defense lawyer has to martial evidence so that the jury or judge in the case believes it's more likely than not the facts asserted happened. There are two major affirmative defenses I'll address here. The first is the alibi. In the case of an alibi, the burden is on the defendant to prove that he was not there. This makes sense to an extent. The prosecutor should not be asked to disprove the fact that someone was somewhere else, especially if they've already made the defendant's presence at the crime scene part of the case.
To make things more difficult for defendants and Denver criminal defense lawyers, the defendant must also provide notice of his intention to use the alibi defense. Again this makes a certain amount of sense since it really is the defendant putting the system on its head by creating a case of his own instead of just popping holes in the prosecution's case. However, it does deprive the defendant of a crucial tool that he's able to use in almost every other situation: the element of surprise. Instead of being able to ambush the state's witnesses with new information, the defendant has to open himself up to full investigation and possible manipulation of the witnesses who will be specifically on notice to disprove the alibi defense before it is even brought up. So though it makes some sense in terms of being fair to the state, the element of surprise at trial can be a key tool of other parts of the case and it might be asked why you're not allowed to use it here.
To make things more difficult for defendants and Denver criminal defense lawyers, the defendant must also provide notice of his intention to use the alibi defense. Again this makes a certain amount of sense since it really is the defendant putting the system on its head by creating a case of his own instead of just popping holes in the prosecution's case. However, it does deprive the defendant of a crucial tool that he's able to use in almost every other situation: the element of surprise. Instead of being able to ambush the state's witnesses with new information, the defendant has to open himself up to full investigation and possible manipulation of the witnesses who will be specifically on notice to disprove the alibi defense before it is even brought up. So though it makes some sense in terms of being fair to the state, the element of surprise at trial can be a key tool of other parts of the case and it might be asked why you're not allowed to use it here.
Wednesday, March 21, 2012
Denver criminal defense lawyer / how change happens
Here is an encouraging story about reduction in drug possession penalties being proposed in Colorado. It is also fairly instructive of what it takes to get the laws changed.
As you can probably tell from this Denver criminal defense lawyer blog, I have a number of issues with the way the system is set up. From the ability of people to get things sealed from their record, to unclarity in the criminal code, there are a variety of issues that really need to be addressed. Unfortunately the only real way this ever happens is when someone in a position of power is personally touched by the issue. That's why we get huge congressional inquiries into white collar crime where the middle class is defrauded, but there is never any real concern about the brutal costs of prison on the less fortunate. Unfortunately there isn't much to be done here, except to get the less fortunate to be more involved in decision making. Of course one gigantic group of the less fortunate (felons) can't even vote! Ever in their lives! So it's up to Denver defense lawyers and also those that care about these issues despite not being directly affected to be active on behalf of those without a voice.Republican Sen. Shawn Mitchell, one of the lawmakers leading the way on the legislation, has spoken publicly about the toll meth addiction has taken on his younger brother and said he wants a more sensible approach against drugs. He said his brother is "on a strong path to recovery."
"The war on drugs has made government more powerful, citizens less free, and hasn't helped users or addicts," Mitchell said. "I want to push a smarter effort against drugs. I want to stop piling people into prisons and stop branding people with a felony for a personal weakness."
Mitchell said he questioned the government's handling of drug crimes even before his experience with his brother.
Monday, March 12, 2012
Denver criminal defense lawyer / co-defendants
Although it's not particularly common in the DUI and run-of the mill general cases I accept normally as a Denver criminal defense lawyer, co-defendants are fairly common in larger and more complex Colorado criminal cases. And they bring up a number of interesting issues. A big one, which I'll cover here, is a serious issue of attorney ethics. If you and a friend are charged with say conspiracy to distribute drugs, the prosecutor may charge the two of you together. He may bring the same evidence and the same charges against both of you. It may sound like a good idea to share a lawyer (or a couple lawyers, if it took a whole crew to distribute the drugs, it might take more than one Denver criminal defense lawyer to help you out). That will save you money, and keep you on the same side for the moment.
The problem is when there is a situation where the attorney must sort of choose sides. What if it comes out that one defendant is believed to be more culpable by the prosecution? The prosecution would then probably seek the testimony of the other defendant, in exchange for possibly a sweetheart deal. At that point, how does the attorney provide competent representation to both parties? He knows that if he advises the second defendant to take the plea, he will be screwing over the first defendant. But on the other hand he also has an obligation to make sure the second defendant gets the best outcome in this case. The attorney may even question if he can continue representing either party, since he will have information from both given to him in confidence. The conclusion is, your friends may not stay your friends if you are charged with a crime. Also, please hire your own lawyer, don't split one with a friend.
The problem is when there is a situation where the attorney must sort of choose sides. What if it comes out that one defendant is believed to be more culpable by the prosecution? The prosecution would then probably seek the testimony of the other defendant, in exchange for possibly a sweetheart deal. At that point, how does the attorney provide competent representation to both parties? He knows that if he advises the second defendant to take the plea, he will be screwing over the first defendant. But on the other hand he also has an obligation to make sure the second defendant gets the best outcome in this case. The attorney may even question if he can continue representing either party, since he will have information from both given to him in confidence. The conclusion is, your friends may not stay your friends if you are charged with a crime. Also, please hire your own lawyer, don't split one with a friend.
Wednesday, February 29, 2012
Denver criminal defense lawyer / bench warrants
Having talked yesterday about arrest warrants and how a Denver criminal defense lawyer can help deal you deal with one, today I'm going to talk about a different kind of warrant: a bench warrant. Generally a bench warrant is pretty similar to an arrest warrant. It is an order telling police officers or sheriff's deputies to bring you in if they come across you. The only difference is that a bench warrant is not for an active investigation, it is for a case where a court is already exercising jurisdiction over the defendant. Generally a bench warrant arises simply because the defendant does not come to court.
Unlike an arrest warrant the sheriff will not actively be looking for the defendant where there is an outstanding bench warrant. Still, bench warrants matter. Many times the court will assess a fee that you have to pay when the defendant does get around to dealing with the case. A bench warrant can also put limitations on a defendant's passport until it is cleaned up, so travel is either restricted or prohibited. Finally, any time the defendant gets picked up he can be hauled in front of a judge. Fortunately, in contrast to arrest warrants, bench warrants are fairly easy to deal with.
If you want to deal with a bench warrant without a Denver criminal defense lawyer, going pro se is generally fairly easy. Every jurisdiction has slightly different procedures, so the best thing to do is generally to call the clerk of the court. In most cases they will have you come in person to the courthouse and then calendar your case for a hearing. At that time the case will be dealt with as if it were starting over, though there could be penalties for issuing the bench warrant and so on. You'll go through plea bargaining and possibly a trial or hearing (if the right to a jury trial hasn't been waived by your failure to request one within a certain time frame).
A Denver criminal defense lawyer can also help deal with bench warrants, sometimes without your appearance. He will file a motion to quash and calendar the case for hearing. Depending on whether the judge consents, he can help plead your case out without an appearance. In any case, once the case is filed for hearing, the warrant is gone and you just have to deal with the proceeding.
Finally, it's important to note a bench warrant (or an arrest warrant for that matter) never goes away. They just sit on your record and probably pop up at the most inconvenient time. The best course of action is to deal with it right away, either on your own or with a lawyer.
Unlike an arrest warrant the sheriff will not actively be looking for the defendant where there is an outstanding bench warrant. Still, bench warrants matter. Many times the court will assess a fee that you have to pay when the defendant does get around to dealing with the case. A bench warrant can also put limitations on a defendant's passport until it is cleaned up, so travel is either restricted or prohibited. Finally, any time the defendant gets picked up he can be hauled in front of a judge. Fortunately, in contrast to arrest warrants, bench warrants are fairly easy to deal with.
If you want to deal with a bench warrant without a Denver criminal defense lawyer, going pro se is generally fairly easy. Every jurisdiction has slightly different procedures, so the best thing to do is generally to call the clerk of the court. In most cases they will have you come in person to the courthouse and then calendar your case for a hearing. At that time the case will be dealt with as if it were starting over, though there could be penalties for issuing the bench warrant and so on. You'll go through plea bargaining and possibly a trial or hearing (if the right to a jury trial hasn't been waived by your failure to request one within a certain time frame).
A Denver criminal defense lawyer can also help deal with bench warrants, sometimes without your appearance. He will file a motion to quash and calendar the case for hearing. Depending on whether the judge consents, he can help plead your case out without an appearance. In any case, once the case is filed for hearing, the warrant is gone and you just have to deal with the proceeding.
Finally, it's important to note a bench warrant (or an arrest warrant for that matter) never goes away. They just sit on your record and probably pop up at the most inconvenient time. The best course of action is to deal with it right away, either on your own or with a lawyer.
Tuesday, February 28, 2012
Denver criminal defense lawyer / arrest warrants
I've already talked fairly extensively on this blog about search warrants, which the police will need to get to search your person or your property unless the search falls into one of a number of different exceptions. If a warrantless search does not fall into one of those exceptions, the evidence can be thrown out of court by the judge depending on the argument made by your Denver criminal defense lawyer. It also may not be thrown out, but that's a totally different story. Of course, these aren't the kind of warrants that most defendants are likely to be terribly afraid of. Most people care more about their freedom than the integrity of their property, so an arrest warrant is what really scares people.
In many cases, you won't be able to have a Denver criminal defense lawyer help with an arrest warrant. That's because the warrant will have been issued without you even knowing it, and the sheriff will simply show up at the door to "serve" the warrant. Serving a warrant is just a nice way of saying arresting the charged defendant. At that moment a defendant will want to call a Denver criminal defense lawyer to help with the underlying case. Of course it will be pretty inconvenient, since the police can haul a defendant out of his or her house or workplace or wherever they can find that person.
That said, sometimes a defendant will find out that there is an outstanding warrant before it is served and the defendant is arrested. In this case an attorney can help a ton. A lawyer can work with the court to get rid of the warrant (a process known as "quashing") and schedule the case for a hearing. Sometimes the court will work with this, knowing that the defendant is not going to skip out having already voluntarily consented to jurisdiction. Then the case is set for an arraignment where bail is set and some other conditions might be imposed to make sure the defendant behaves while the case is pending, and make sure he makes all the court dates. Other times this won't work and the defendant will have to negotiate a surrender. This is something for a later post.
In many cases, you won't be able to have a Denver criminal defense lawyer help with an arrest warrant. That's because the warrant will have been issued without you even knowing it, and the sheriff will simply show up at the door to "serve" the warrant. Serving a warrant is just a nice way of saying arresting the charged defendant. At that moment a defendant will want to call a Denver criminal defense lawyer to help with the underlying case. Of course it will be pretty inconvenient, since the police can haul a defendant out of his or her house or workplace or wherever they can find that person.
That said, sometimes a defendant will find out that there is an outstanding warrant before it is served and the defendant is arrested. In this case an attorney can help a ton. A lawyer can work with the court to get rid of the warrant (a process known as "quashing") and schedule the case for a hearing. Sometimes the court will work with this, knowing that the defendant is not going to skip out having already voluntarily consented to jurisdiction. Then the case is set for an arraignment where bail is set and some other conditions might be imposed to make sure the defendant behaves while the case is pending, and make sure he makes all the court dates. Other times this won't work and the defendant will have to negotiate a surrender. This is something for a later post.
Thursday, February 23, 2012
Denver criminal defense lawyer / things you won't go to jail for
An ordinance up for consideration in Boulder County demonstrates one of the great perils of attempting to defend yourself without a Denver criminal defense lawyer. Under the new ordinance, about 60 different ordinance violations would have their maximum penalties changed. Namely defendants would no longer face jail time for committing any of these offenses. While the ACLU supports it and it's a good idea, really it points to a larger farce in the system. People who commit these crimes will rarely face jail time in Boulder or in any other county in Colorado. Those maximum penalties are simply a sticker price. And like a sticker price on a car, it's basically used by the prosecutor to negotiate a more favorable outcome for him, and not to have to go to trial.
In many circumstances, even if the defendant does go to trial and is convicted of one of these relatively minor offenses, he will not even go to jail. At that point the judge has sentencing power. Judges know state and county budgets are strained right now and jails are overflowing. Defendants do not know that so they think they will automatically face the harshest penalty if they proceed to trial an are convicted. Denver criminal defense lawyers know that the actual maximum penalty frequently is not even close to the ones in the rule book. Basically if Boulder County passes this reform it would be a good thing. But it would not really make the criminal justice system any more lenient. When is the last time you heard of someone going to jail for littering? Me neither, people aren't even scared enough about littering charges to call me. That said this basically just makes things a little bit simpler and cheaper, but is no significant change. Significant change would be for more significant crimes than littering or public urination.
In many circumstances, even if the defendant does go to trial and is convicted of one of these relatively minor offenses, he will not even go to jail. At that point the judge has sentencing power. Judges know state and county budgets are strained right now and jails are overflowing. Defendants do not know that so they think they will automatically face the harshest penalty if they proceed to trial an are convicted. Denver criminal defense lawyers know that the actual maximum penalty frequently is not even close to the ones in the rule book. Basically if Boulder County passes this reform it would be a good thing. But it would not really make the criminal justice system any more lenient. When is the last time you heard of someone going to jail for littering? Me neither, people aren't even scared enough about littering charges to call me. That said this basically just makes things a little bit simpler and cheaper, but is no significant change. Significant change would be for more significant crimes than littering or public urination.
Wednesday, February 22, 2012
Denver criminal defense lawyer / going on your own
Paying the fee for a Denver criminal defense lawyer will cost money. Depending on the crime you're accused of, it might cost quite a lot of money. In some cases, a public defender will be appointed for you. However, even those of very, very modest means will not be eligible. Basically a defendant needs to be completely indigent to be eligible for an attorney free of charge. If you've got a house you can borrow against, the county assumes you can hire a Denver criminal defense lawyer. Same if you have anything resembling a steady job. That raises the question for a someone barely above the guideline: can you do it without a Denver criminal defense lawyer?
In every court in America, you have the right to represent yourself. This is called acting pro se. In fact, a good number of defendants choose to do that every single day. The court will give a pro se defendant some amount of guidance on the procedural issues. The prosecutor will do their best to explain any plea offers in a way you can understand it as a lay person. Nobody is going to actively try to fleece a defendant in this process.
That said, none of these people will offer you legal advice. They'll help you understand the process and when to be where, but they can't explain the law. They can't explain what the law means to your case. And they won't really explain what the different plea agreements mean to you. Sure they can tell you what the sentence is. But they won't be able to tell you what your different defenses to the case are, and what your chances of winning at trial are. And if you choose to plead not guilty and go to trial, you'll be up against an experienced prosecutor who knows the rules of evidence and the ins and outs of the rules. You need your own lawyer to combat this.
In every court in America, you have the right to represent yourself. This is called acting pro se. In fact, a good number of defendants choose to do that every single day. The court will give a pro se defendant some amount of guidance on the procedural issues. The prosecutor will do their best to explain any plea offers in a way you can understand it as a lay person. Nobody is going to actively try to fleece a defendant in this process.
That said, none of these people will offer you legal advice. They'll help you understand the process and when to be where, but they can't explain the law. They can't explain what the law means to your case. And they won't really explain what the different plea agreements mean to you. Sure they can tell you what the sentence is. But they won't be able to tell you what your different defenses to the case are, and what your chances of winning at trial are. And if you choose to plead not guilty and go to trial, you'll be up against an experienced prosecutor who knows the rules of evidence and the ins and outs of the rules. You need your own lawyer to combat this.
Wednesday, February 1, 2012
Denver criminal defense lawyer / the importance of currency
No, not money. The reason it's important for a Denver criminal defense lawyer to stay on top of stuff is because things change. Murder more or less stays the same. The rules of evidence don't really change that much, and speeding is still going over the speed limit. Where Denver criminal defense lawyers need to do their work is on more complex evidentiary issues in bigger cases, like arson:
Innocence Projects founded to exonerate inmates through DNA testing have begun accepting arson cases, the AP story says. Experts say research is challenging assumptions about how fires spread and what kind of evidence signals arson. One example: Experts used to conclude that hot-burning fires were the result of arson. New research, however, finds no correlation. Another example: A V-shaped pattern on the wall was once thought to be proof of arson. It’s now thought to indicate only where the fire started.These clues were once tell-tale evidence, considered by experts to be as foolproof in figuring out whether a fire was simply a furnace issue gone bad or murder. And these arson cases are relatively common and almost always murders. The insurance fraud cases do not get innocence project attention. They are also incredibly hard to prove by direct evidence, since anything that was used to start the fire probably burned right up, and the cause of death is always smoke inhalation or burns. That means basically the only evidence available is circumstantial evidence of motive and scientific evidence of whether the fire was started intentionally or not. And even much evidence of motive is likely to be excluded as prejudicial. At any rate, the scientific evidence ends up being an important, and often fatal, component of the trial. That's why it's important to have a Denver criminal defense lawyer who knows the new developments.
Monday, January 30, 2012
Denver criminal defense lawyer / expanding record sealing
Some interesting news from New York State regarding record sealing. It appears the Bar Association is pushing for legislation that would allow those convicted of most misdemeanors and minor felonies to have their record sealed after after a statutory waiting period (five years for misdemeanors and eight years for felonies). Any Denver criminal defense lawyer will tell you that it's considerably harder to get your record sealed in Colorado. Basically no convictions can be sealed except for deferred judgments (which technically aren't convictions at all, they are dismissals) and a narrow set of minor drug related offenses. Denver criminal defense lawyers also would bemoan this policy, and with good reason. I don't see how it serves any real purpose.
For some reason the District Attorneys of New York are opposing this rule change. Again I have no idea how anybody is served by giving those convicted of minor offenses a lifelong criminal record. It seems pretty unlikely that this would have any deterrent effect. If you're not deterred by jail time or hefty fines, how would you be deterred by the possibility of it coming up in a background check when applying for a job 10 years later? And it's not like these crimes are going to indicate serious moral short comings. The New York law specifically excludes any crimes against the elderly or against children, and as stated above it's limited to relatively minor offenses.
I suppose an argument could be made for transparency. Employers may have a right to know if people they are about to hire has kept his nose clean. But that's pretty hard to justify in light of our other policies. Don't juries then have the right to know about all the evidence that's been suppressed at trial? Or about the defendant's criminal history? It just seems like the state makes these sorts of decisions all the time, and really the criminal record is more a form of continued punishment than any sort of transparency mechanism.
For some reason the District Attorneys of New York are opposing this rule change. Again I have no idea how anybody is served by giving those convicted of minor offenses a lifelong criminal record. It seems pretty unlikely that this would have any deterrent effect. If you're not deterred by jail time or hefty fines, how would you be deterred by the possibility of it coming up in a background check when applying for a job 10 years later? And it's not like these crimes are going to indicate serious moral short comings. The New York law specifically excludes any crimes against the elderly or against children, and as stated above it's limited to relatively minor offenses.
I suppose an argument could be made for transparency. Employers may have a right to know if people they are about to hire has kept his nose clean. But that's pretty hard to justify in light of our other policies. Don't juries then have the right to know about all the evidence that's been suppressed at trial? Or about the defendant's criminal history? It just seems like the state makes these sorts of decisions all the time, and really the criminal record is more a form of continued punishment than any sort of transparency mechanism.
Friday, January 27, 2012
Denver criminal defense lawyer / deferred judgments
A common plea agreement that Denver criminal defense lawyers can negotiate for their clients is a deferred judgment. This is somewhat confusing for a lot of defendants. What in the world is it? Basically this is a situation a defendant pleads guilty on the condition that he will not actually be sentenced for the crime. The court takes the guilty plea in open court on the record, but does not make the judgment final or "enter" the judgment. The judge also does not sentence the defendant. Instead, the judgment and sentencing are deferred for a certain period of time. At that point, if certain conditions are met, the case can be dismissed.
Functionally, this whole thing appears a lot like probation. The conditions involve things like community service, and not committing additional crimes for a stated period, a year or six months. Your Denver criminal defense lawyer can advise as to the actual consequences. In any case, even though it resembles a probationary sentence, if the conditions are fulfilled the case can be dismissed, unlike in the case of a probationary case where it is actually a conviction.
Because the conviction is never finalized and because there is technically no sentence, sometimes these cases are eligible for record sealing. Again, your Denver criminal defense lawyer can advise you on the possibility of this. However this is not an option in every case, so you should learn about it before you plead guilty and accept the deferred judgment. Although a conviction will not show up on your record, the police records and charges will. For some people this will be problematic, and record sealing can help with that. For others it will be no big deal.
In any case, the big things with deferred judgments are to know and follow the conditions of the judgment, and also know the exact consequences of your deferred judgments. Because like with just about everything else, every deferred judgment case is different.
Functionally, this whole thing appears a lot like probation. The conditions involve things like community service, and not committing additional crimes for a stated period, a year or six months. Your Denver criminal defense lawyer can advise as to the actual consequences. In any case, even though it resembles a probationary sentence, if the conditions are fulfilled the case can be dismissed, unlike in the case of a probationary case where it is actually a conviction.
Because the conviction is never finalized and because there is technically no sentence, sometimes these cases are eligible for record sealing. Again, your Denver criminal defense lawyer can advise you on the possibility of this. However this is not an option in every case, so you should learn about it before you plead guilty and accept the deferred judgment. Although a conviction will not show up on your record, the police records and charges will. For some people this will be problematic, and record sealing can help with that. For others it will be no big deal.
In any case, the big things with deferred judgments are to know and follow the conditions of the judgment, and also know the exact consequences of your deferred judgments. Because like with just about everything else, every deferred judgment case is different.
Wednesday, January 18, 2012
Denver criminal defense lawyer / out of state traffic offenses
One question a lot of folks have for me as a Denver criminal defense lawyer is what happens to your driving record if you commit a traffic offense out of state? Basically, the process is split into two parts. A Denver criminal defense lawyer can help with either. The part with the DMV is treated more like a regulatory crime. This is where you may or may not lose your driver's license. A state's DMV only has the power to regulate driver's licenses issued by them.
By contrast, the criminal aspect of the case is where a court can hand out fines and prison time. If you are from out of state and commit a crime in Colorado, you will be subject to the jurisdiction of the state of Colorado and the court for whichever county or district that crime occurs in. That means out of state defendants should hire a Denver criminal defense lawyer to aid in their defense.
On the other hand, the Colorado Department of Revenue (the department that runs the Colorado DMV) only has control over Colorado drivers licenses. That doesn't mean an out of state driver is off scot free. Colorado and most other states participate in the Driver's License Compact. That means they report any crimes or violations to the state where the license was issued. That state's DMV or Department of Revenue or corresponding department decides how to handle the suspension or lack thereof. Although most states have pretty similar traffic laws, they aren't all the same. That means that it's important for you and your criminal defense lawyer to know the consequences of the conviction in one state on your driver's license in your home state. Otherwise a defendant can end up with a nasty surprise in the form of either a license suspension he didn't see coming, or an increase in insurance rates due to extra points.
By contrast, the criminal aspect of the case is where a court can hand out fines and prison time. If you are from out of state and commit a crime in Colorado, you will be subject to the jurisdiction of the state of Colorado and the court for whichever county or district that crime occurs in. That means out of state defendants should hire a Denver criminal defense lawyer to aid in their defense.
On the other hand, the Colorado Department of Revenue (the department that runs the Colorado DMV) only has control over Colorado drivers licenses. That doesn't mean an out of state driver is off scot free. Colorado and most other states participate in the Driver's License Compact. That means they report any crimes or violations to the state where the license was issued. That state's DMV or Department of Revenue or corresponding department decides how to handle the suspension or lack thereof. Although most states have pretty similar traffic laws, they aren't all the same. That means that it's important for you and your criminal defense lawyer to know the consequences of the conviction in one state on your driver's license in your home state. Otherwise a defendant can end up with a nasty surprise in the form of either a license suspension he didn't see coming, or an increase in insurance rates due to extra points.
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