Denver criminal defense lawyer / how attorney client privilege works

The courts in Colorado and across the country understand that in an adversarial system, the defendants Denver criminal defense lawyer needs to be informed of all the facts to best mount a defense for his client. If the attorney could be forced to testify against his client as to facts that were disclosed during a meeting, the client would not want to be candid, and the attorney would be forced to guess as to what really happened. Even though the court could find out more in the short term, in the long term it would harm the adversarial system. That's why attorney client privilege is a crucial element of the system, and critical in protecting the defendant's rights.

However, there are several crucial elements for the client to know about attorney client privilege. First, it is the client's privilege. That means as the defendant in a case, your Denver criminal defense lawyer cannot share the things told to you in confidence with anybody else. However, it also means if the defendant tells a friend or family member something secret, it's not protected: it is your privilege after all. That not only means you can get in trouble if the person you tell is a gossip, it also means if the prosecution finds out about it, they can subpoena the person you told and force them to testify.

Additionally, remember that the attorney-client privilege isn't blanket protection that allows you to tell your attorney anything. It is limited to situations where you are seeking legal advice within an attorney client relationship. So if no relationship has been established, you won't be covered. Additionally, the attorney has the discretion to disclose where he believes information covered by the privilege will prevent imminent bodily harm or death, or if he believes his legal advice has been used to perpetrate a fraud scheme. Despite these exceptions, the attorney-client privilege offers very strong protection to those seeking legal advice, and you shouldn't hesitate to disclose most everything without fear that your Denver criminal lawyer will tell anybody else.

Denver criminal defense lawyer / how do expungements work?

In some cases, even where your Denver criminal defense lawyer is able to negotiate a reasonable charge in exchange for a guilty plea, the defendant may be subject to pretty serious after-the-fact consequences. Just by having a conviction on your criminal record, it becomes much more difficult to get a good job, find a place to live, and generally lead a normal life. Additionally, later convictions will be met with steeper penalties.

How can you avoid these consequences? In the case of certain, more minor, offenses, they simply fade off the record over time. At a certain point, they will stop appearing on background checks, and therefore stop affecting the person's ability to lead a normal life. However, in other cases, this period of time is quite long (up to 10 years or more) and the defendant wants to get out from under the record hit earlier. In other situations, the conviction stays on the defendant's criminal record forever, unless affirmative action is taken.

This affirmative action takes the form of a motion to expunge, or a motion to seal records. A Denver criminal defense lawyer can evaluate your case to see if it is a good candidate for expungement. Typically judges have a good deal of discretion in determining whether to expunge a conviction from the record. They will consider a number of factors. These include the severity of the initial conviction, whether the defendant has demonstrated rehabilitation after the conviction was entered, and the length of time passed since the conviction. Since the decision is so heavily influenced by subjective factors, it is important to choose an attorney who can marshal all the evidence in your favor, and present that evidence in a manner that is heavily persuasive to the judge (expungements are never heard before a jury). Although they may be difficult to obtain, an expungement can be a valuable tool for people who made a mistake and want to make a fresh start where that mistake will no longer impact them.

Why are lawyers so bad at talking shop?

Yes, even Denver criminal defense lawyers like to socialize occasionally. At a party, it seems like everybody wants to be a lawyer's friend, until they find out the lawyer can't really give them any advice. All we can do is talk in general, wide-open platitudes. Why is that?

The attorney-client relationship is a powerful thing. Once a lawyer enters into that relationship, he has a duty to make sure he does everything he can to get the best outcome for the client. There is no such thing as "taking a quick look at the case" and helping you out, like a mechanic can. The quick look can give rise to ethical issues and also be the basis for malpractice.

Worse for the lawyer, he does not even necessarily control when an attorney-client relationship arises. What the courts look at in determining whether there is an attorney-client relationship is the client's expectation that the lawyer was giving him legal advice, and had established such a relationship. There is a famous (or infamous) case where an attorney was having drinks with a woman, gave a few words of legal advice before they engaged in intercourse. That was determined to be an ethical violation -- the few words of legal advice made her his client, and having sex with your client violates the rules of ethics.

As such, lawyers need to be cautious about helping others with legal issues in a casual situation. It can give rise to some pretty sticky ethical dilemmas. Next time you meet a Denver criminal defense lawyer at a party, ask about courtroom war stories, grey suits, or bad music. We're happy to talk about that. Unfortunately it's not our fault we can't help you with your legal issues on the spot. Call us in the morning. We can talk in an office, for a fee.

Denver criminal defense lawyer / yes prison really is that bad

Occasionally pop culture kind of makes prison out to be a lark. There's George Michael Bluth in "Arrested Development" playing softball in prison and chilling with arsonists. There's Avon Barksdale playing softball and running a drug operation for a few years after he gets busted. There's also the occasional story about some old guy with no money intentionally committing a crime so he'll have a warm place to sleep in the cold winter. However, as a Denver criminal defense lawyer, I feel I need to point out to my clients (if they don't understand already) that prison is really brutal. Here is a case in point:

Prosecutors said that the four inmate assailants used their fists, feet and padlocks attached to belts to beat Zuniga-Garcia to death in his cell, according to the Denver Post. The attackers, Jose Augustin Pluma, Juan Martin Ruelas, Mark Rosalez and Justin Hernandez are being indicted with second-degree murder, conspiracy and possession of contraband in prison.

Now obviously only the those who are convicted of the most serious crimes will do time in the Supermax Prison in Florence where this murder took place. Most Denver criminal defense lawyers will not try a federal case in their whole careers, let alone a case where the defendant is considered one of the most dangerous in the entire federal system. However, concerns about the living conditions across the federal prison system are rampant, from health care in California (which was recently ordered to reorganize its prisons and decrease the population by 30,000 inmates) to the concerns about sexual assault across the entire American penal system. All in all, even a very short prison sentence is probably worse for the average criminal defendant than a suspended sentence with a variety of service requirements and the like. If your Denver criminal defense lawyer can negotiate a non-penal sentence, that is a good thing.

Denver criminal defense lawyer / how to handle a BAC test

As stated earlier on this blog, if you decline a blood alcohol test, you could face pretty serious administrative and criminal sanctions. By completely refusing the breathalyzer, you give your Denver criminal defense lawyer significantly less to work with. However, there are a few things you can do to handle the tests properly and minimize the damage.

First, remember the hand-held test the police may attempt to administer is completely optional. This is not covered by the implied consent doctrine, so refusing to blow right away cannot get you in trouble. That's because the hand-held units are considered fairly inaccurate, and aren't admissible in court to prove your blood alcohol content. As such, the only thing that can come of submitting to the roadside tests is additional evidence allowing law enforcement to conduct more detailed investigation, including bringing you back to the station for a more accurate breath or blood test. Remember, a large portion of your Denver criminal defense lawyer's case is going to rely on proving the stop and arrest were illegal. The less law enforcement can get on the scene, the more likely the stop can be shown to be illegal.

Second, in Colorado, those suspected of DUI have the right to a blood test. A breath test is easier and cheaper for law enforcement, so you probably won't be told about this. However, that's not your business. The blood test is much more accurate and slightly harder to obtain. As such, it increases your chances of getting the right result.

Finally, call a Denver criminal defense attorney and exercise your right to an attorney as soon as possible. Even if you can't remember all these rights, an attorney has been through many of these cases and can help guide you through your dealings with law enforcement as well as the rest of the case.

Denver criminal defense lawyer / J.R. Smith: of dumb people and dumber laws

J.R. Smith has been keeping Denver criminal defense lawyers busy for the better part of his time with the Nuggets. He served time for a car crash that killed his best friend. Then he had his house broken into and had $15,000 stolen. His last brush with the traffic cops though would seem to be the silliest. J.R. was arrested in Florida for operating a scooter without a license. Now your first reaction to that might be: Florida seriously has a law on its books criminalizing that? And after that it would be: Florida seriously enforces that ridiculous law?

After that though, there are a few interesting criminal law lessons for lay people. First, states are full of really stupid criminal laws. That includes Colorado's criminal law code. Second, you're responsible for knowing and obeying all those stupid laws.
That saying about ignorance of the law not being an excuse? It's not just a saying. Everybody in every state is assumed to know every single state and federal law that applies to them. It's ludicrous, but it's also sort of necessary.

And finally, states take motor vehicle types of regulations pretty seriously. If you think that something might be against the law, either ask or just refrain. And even if you ask a Denver criminal defense lawyer for advice, don't necessarily believe it right up front. He's probably right, but then again you're the one who would go to jail if something like spitting on the sidewalk out of your station wagon's window turns out to be illegal. Sure, we're not all lawyers, and the law can be very confusing sometimes. However, with a little bit of caution and a healthy dose of common sense, the non J.R. Smith members of society can typically stay out of trouble, even in a world where you need a license to drive a motor scooter.

Denver criminal defense lawyer / what about a no blow?

Most Denver criminal defense attorneys will advise you not to cooperate with the police on the scene and instead ask for your Denver DUI lawyer immediately. That's because most of the things police officers will ask you to do, such as roadside sobriety tests and answering questions are totally optional. You don't have to do them, and it can't be used as evidence against you in court if you decline to cooperate. There is one exception: the blood alcohol test. Although the blood alcohol test is technically optional, if you decline to take it, the penalty is actually more severe than blowing an illegal level.

That's because of a doctrine called "implied consent." The theory goes that by possessing a driver's license, you have consented to reasonable measures to keep the road safe. Although this may sound somewhat like hooey (doesn't everybody have to drive?) the Supreme Court permits it under the constitution. As such, although you do have the right to decline a sobriety test, you'll be punished for doing so. A "no-blow" can result in you license being suspended for up to a year, along with a stint in jail. As such, while it's best to not answer an officer's questions in the field, and smart not to subject yourself to field sobriety tests, and you should definitely call a Denver criminal defense lawyer as soon as you think you might be in trouble for a DUI, one thing you probably won't be able to ultimately avoid is taking some kind of blood alcohol test. I will have more commentary on this in a later post, but for now just know that a Denver DUI lawyer can help make sure the blood alcohol test does as little damage to your case as possible, while protecting your rights throughout the process, so call one as soon as possible.