Almost 2,000 Arrests in 100 Days

In a period of two weeks ending on September 7, the Colorado State Police reported that agencies across the state made 869 arrests for DUI in two weeks. Over 1900 arrests for DUI occurred in the months leading up to that, during a crackdown they called “100 Days of Heat.” Drunk driving is a serious problem on the roads today, and police are cracking down hard. However, even for those found to have offended, due process still applies, and Colorado DUI attorneys stand ready to make sure their clients’ rights are observed.

Laws regarding drunk driving in Colorado are complex, and the penalties for conviction are harsh. Many people don’t realize that there is a difference between driving under the influence (DUI) and driving while your ability is impaired (DWAI); the news media often uses the terms interchangeably, or at least, doesn’t clarify the difference.

The difference between DUI and DWAI doesn’t even scratch the surface of the complexity of Colorado DUI laws, and it’s vital for anyone who finds themselves charged with such a crime to seek the services of a competent and qualified DUI attorney to make sure that no mistakes are made in your defense.

Remember, even if you think you may be in the wrong, you have rights. You should never, ever sacrifice these rights out of a sense of guilt or even a sense that you can defend yourself. Laws such as these are strict and the penalties for DUI arrests get more and more severe every year. As the 100 Days of Heat proves, police across the country are cracking down hard on DUI offenders, and this makes it more important than ever for those in Colorado who are arrested on such a charge to seek the services of a Castle Rock DUI defense attorney.

Expanding Make My Day

Several states that already support the Castle Doctrine—a law allowing the application of deadly force to defend one’s home—have expanded that law to extend to businesses and vehicles such as cars or even bicycles, and to the defense of others. Colorado is the latest state whose legislature is considering such an expansion. Proponents of the expanded law call it “Stand Your Ground,” while detractors refer to it as “Make My Day.” Either way, those involved in a situation where self-defense results in the application of lethal force should immediately consult a Colorado criminal defense attorney, even if they are one hundred percent certain they acted within the bounds of the law.

In many cases of self-defense, even those that seem otherwise clear cut, the victim is made out to be the predator, is seen as a villain for the ghastly act of surviving a threat to their life. Without a qualified criminal law attorney you could find yourself in prison for a long time, or even convicted of a felony, when all you did was defend your own life against an attacker.

Imagine such a scenario. You’re at home, sleeping in bed, when an armed invader enters with ill intent. He may just want to steal your television, but then again, he may want to do you physical harm. You have no way of knowing, but the gun in his hand is a direct threat on your life, and you respond.

Thirty minutes later, the invader is dead and the police are there, taking a report. Would you leave the next fateful days to the whim of fate and the certain knowledge that you did the right thing, or would you rather have someone at your side who knows the strangest ins and outs of Colorado criminal law, who can make sure that your day in court ends up with your actions being vindicated?

The Far-Reaching Effects of Criminal Conviction

Hypothetical: a sixty-year-old man in Castle Rock applies for a permit to carry a concealed handgun. Since Colorado is a “shall issue” state, he presumes he will have no troubles getting approved. Imagine his shock, when he is denied his permit! Upon further investigation by a qualified Colorado criminal attorney, the man discovers that over forty years ago, when he was eighteen, a felony conviction was entered into his record for corruption of minors.

The man swears that this information is incorrect. The conviction arose from a party the man threw at his parents’ house, wherein underage drinking occurred. When the police arrived he was arrested and charged. He insists that his criminal defense attorney pled the conviction down to a misdemeanor charge.

He appeals the decision, but it comes back the same. He contacts a new Castle Rock criminal defense lawyer who determines that while he may have pled his case down, it was filed on record incorrectly and so he is stuck with a felony charge for something he did when he was little more than a kid, a charge that not only prevents him from carrying, but from owning firearms. The man, an avid hunter, is devastated. Based on the age of the crime and that he is unlikely to repeat, it may be possible to have the conviction expunged, but such an effort could take years and cost thousands of dollars.

While this scenario may seem far-fetched, there have been identical cases that have happened all over the nation. Criminal convictions stick with you for your entire life, and should never be handled cavalierly. It’s true—something that you did forty years ago can eventually come back to bite you. So if you find yourself in trouble with the law, make sure you acquire a strong criminal defense attorney.

Man Convicted of Murder Gets a Second Chance

Bill Dillon of Florida was convicted of murder in 1981 at the age of twenty-two, and sentenced to life in prison. The only problem is, he didn’t do it.

Dillon spent twenty-seven years in prison before being exonerated in 2008 of the crime that saw him face the harsh brutality of the American penal system for so long. His story, though it appears to have a happy ending, is nevertheless a sad one and Dillon no doubt has scars that he will carry with him for the rest of his life. This is exactly the sort of thing that Colorado criminal defense attorneys exist to prevent.

For twenty-seven years, Bill Dillon sat in his cell, alone, every night, singing. It was this singing, he said, that brought him some semblance of peace from the living nightmare of beatings, rape, and denigration, all over a crime he didn’t commit.

Though it would seem that the experience showed him his calling—he has just recently released his first album—it is a tragedy that he was ever accused, let alone convicted, of a crime. Unfortunately, while our criminal justice system is excellent overall, it is not perfect.

A strong criminal law attorney is necessary to ensure that episodes like this occur as infrequently as possible. Those accused of crimes should not simply count on court-appointed attorneys to represent them. In Florida or in Castle Rock, Colorado, criminal attorneys range from good to bad, and it’s much better to hire your own. While certainly discovering a gift like singing in prison, and learning a lesson to appreciate all of the little things in life, is a good thing to come out of a bad situation, it is still tragic that people like Dillon too often end up suffering needlessly.

Judge Permits Challenged Evidence in Fatal DUI Case

A judge in the trial of Pittsburgh-area native Christa Logue recently suppressed a motion to deny statements made during a police interview as evidence against the woman. Judges all over the country are cracking down on drunk driving cases, and whether you live in Pittsburgh, New York, or Castle Rock, DUI laws are nothing to sneeze at. If the case were under Colorado DUI law jurisdiction, whether a Castle Rock DUI attorney would’ve gotten the evidence dismissed or not is academic; the truth is, every attorney faces victories and defeats both small and large.

On August 1, 2010, a Pittsburgh-area woman named Christa Logue was arrested and charged with the death of her own son during a DUI-related accident. Following her release from emergency medical treatment, she allegedly made detailed statements to the police regarding the alcohol she had consumed that night, recanting an earlier claim that she hadn’t drunk at all.

Laws regulating driving under the influence vary from state to state. Colorado express consent laws state that just by getting behind the wheel of a car, you consent to blood or breathalyzer tests if the officer has probable cause to believe you are under the influence. Miranda laws, on the other hand, are federal, and in this case the argument was that Logue was not in her right mind to voluntarily waive her right against self-incrimination. The judge, however, disagreed.

We have to presume that the decision was predicated upon Logue being read her rights prior to the interview; otherwise any competent criminal law attorney would have solid ground upon which to challenge her admission. As it is, the case against Logue is harsh; she is charged not only with DUI, but with homicide by vehicle while under the influence, and endangering a child.

Ryan Reynolds and Scarlett Johansson: Another Power Couple Splits

A few weeks ago, Ryan Reynolds was on Jay Leno discussing his split with Scarlett Johansson. Though the actor, who is usually very private, spoke largely in jest about the divorce and by all reports the couple is still on friendly terms, Reynolds has still expressed pain over the divorce, saying he doesn’t ever want to get married again. Divorce is a tough process which varies by jurisdiction, and for those in Colorado without a Denver family and divorce attorney, the process can be painful on many different levels.

Reynolds and Johansson were one of Hollywood’s power couples, with reports flying weeks after their divorce that the two were looking to reunite. This sort of wishful thinking on the public’s part is a macrocosmic version of the type of drama that accompanies every divorce. Did the couple have to split? What happened to tear them apart? They had dinner last night—are they going to get back together?

The divorcees aren’t the only ones hurt, though certainly they share the bulk of the grief. Divorce ruins friendships and tears families apart, and as difficult as it may be, the only way to come out of it with as little damage as possible is to obtain, whether you are in Pennsylvania, California, or Colorado, divorce attorney services.

Attempting to go through a divorce without an attorney is unwise. The partner with whom you have spent years in trust and teamwork now stands on the other side of the line from you. Years of trust is destroyed. An attorney will ensure that both sides meet on fair and even grounds, and that the split is as equal as possible.

Whether the divorce is uncontested, or there are issues of annulment, child custody and child support, or even military divorce wherein jurisdiction is a question, a qualified divorce attorney can ensure that the split is as fair and balanced as possible.

Dealing with Estate Taxes

people, however, who do not have the services of a qualified estate planning attorney can understand the intricacies of the new laws in place. When someone passes away, the last thing their loved ones want to deal with are complicated rules and procedures regarding the estate, especially since in addition to the federal tax laws, each state—Colorado included—has its own estate planning laws. People in Colorado would be wise to consult a Colorado estate planning attorney early; having your affairs in order before you pass away can save your loved ones years of added grief.

A recent article by the New York Times discusses some of these issues:

• Only those who make over a certain amount of money are subject to federal estate taxes.
• Those who came into inheritances in 2010 can opt out of the new tax scheme or choose to be subject to it.
• Those who opt out will be subject to new and different taxes should they ever try to re-sell the inherited assets.
• The deadline to choose is November 15, 2011
• A major responsibility for the division of assets and the applicability of the new tax scheme will fall onto the shoulders of the estate executor.
• The I.R.S. has yet to release a final version of the new tax form 8939 which includes the intricacies of the new inheritance tax scheme.

This new tax scheme is complex and could be subject to favoritism on the part of executors. If you live in Colorado, estate planning attorneys Ellman & Ellman, PC, can help navigate not only those situations in which inheritance taxes become contentious, but the common difficulties of balancing federal laws with Colorado inheritance tax laws. A little preparation in advance could save your descendants months or even years of frustration.

When You Need a Colorado Criminal Defense Attorney

If you are charged with a crime or a DUI in Colorado, you should never try to represent yourself in court.  Colorado criminal law, like any law, is complex and difficult for the lay person to navigate.  If you are accused of a violation of criminal law, be it a felony or a misdemeanor, attempting to defend yourself can be one of the worst decisions you can make.  A criminal law conviction will follow you for the rest of your life and can affect your ability to buy a house or car, or even get a job.  Those who have accused you of a crime will not be representing themselves.  They will have the resources of the state behind them, and a wealth of qualified attorneys to ensure that you are prosecuted.

When you find yourself in a situation where you need representation, the decision who to stand up for your rights can be the most important decision you ever make. Never make this decision lightly or assume that because you have read a lot about Colorado criminal codes that you are as capable of defending yourself as a qualified Colorado defense attorney.

It is true that attorneys can be an expensive prospect, but the hiring of an attorney is not only worth the money, it can be vital to your future.  If you are not able to afford an attorney, the state will appoint one for you, but you may wish to exercise your own judgment and choice in choosing the person who will stand up for your rights in a Colorado criminal court when you are accused of a felony, misdemeanor, or any other violation of Colarado criminal law.  A Colorado defense attorney is vital to have at your side.

Estate Planning and Advanced Directives

In order to make sure that you and your loved ones are cared for if you get seriously ill, it can be important to speak with a Colorado estate planning attorney. A lawyer who understands Colorado estate law can help you draft important legal documents like powers of attorney, living wills or advanced directives.

If you’ve never stopped to think about what will happen if you have serious medical issues, these documents can be confusing. An advanced directive is any document that gives instructions as to your wishes in advance of your becoming ill. These documents can include:

• Medical Power of Attorney: This document gives permission for another individual to make medical decisions on treatments or other care if you are incapacitated by illness or injury and unable to give informed consent to medical professionals.
• Living Will: A living will sets forth your wishes regarding life-saving medical treatments and life support in the event that you are rendered unconscious or unable to give informed consent for seven consecutive days.
• Resuscitation Directive: This type of legal document directly addresses your wishes regarding resuscitation techniques such as breathing tubes or CPR procedures, and it can be included in advanced directives, living wills or other legal documents.
• Disposition of Last Remains: This advanced directive addresses how you would like your remains to be handled if your illness or injury is fatal. Like a CPR directive, this legal statement can be included in other documents.

While these types of wishes can be difficult to think about when we are healthy, it can be very important to include advanced directives or living wills in other estate planning documents. Many medical treatments such as breathing tubes, life support or resuscitation techniques can be expensive, and these medical treatments can affect your final estate. A Colorado estate planning attorney can help you safeguard your assets and provide for your family.

By specifying how you would like to be treated if you become terminally ill or seriously injured, you can save your family from heart-wrenching decisions in a time of crisis and make sure that your estate is managed properly. Contact a Colorado attorney today to discuss the legal documents that can safeguard your family against unforeseen circumstances.

Charlottesville Businessman Sentenced in DUI Manslaughter Case

What makes drinking and driving a dangerous combination is the fact that you’re not completely aware of your actions until you sober up and learn that your actions injured or killed someone. At that point you can’t undo what’s already been done, and all the apologies in the world will never be enough for the persons your actions harmed. A businessman in Charlottesville, Virginia stood in a courtroom and expressed sincere remorse for driving drunk one day in October 2010 and killing an aspiring winemaker.

The Daily Progress recently reported that the 59-year-old suspect was driving on a city highway when he lost control of his vehicle. He crossed the center line and into the path of the victim’s motorcycle, throwing him from his bike. He died at the scene. Police found an empty liquor bottle and receipt showing he had purchased the liquor from a store earlier that day. The suspect had a blood-alcohol content of 0.111, which exceeded Virginia’s legal limit of 0.08. He was arrested and later plead guilty to DUI manslaughter.

The suspect was sentenced to 11 years in jail, 8 years of which were suspended. Therefore, he will spend three years in jail. He was also put on probation and ordered to remain on good behavior for 10 years after his release. He was prohibited from driving for a year after his release and was ordered to attend Alcoholics Anonymous meetings.

In court, the suspect read a statement apologizing to the victim’s family for his actions. His wife had testified that she had no knowledge of her husband’s drinking. The suspect had no previous criminal history and a good driving record before his arrest. This suspect had no intention of harming anyone, and he certainly didn’t anticipate ever having to retain a criminal defense attorney. It just goes to show what the decision to drink and drive can cost you.