Juvenile Convictions Can Change a Life
No parent wants to think that their child is capable of committing a crime, much less a serious crime. The fact of the matter, though, is that everyone can make mistakes, children included. Juvenile cases are among some of the most emotional, because the client is always both the child and parent rather than just the child alone, so it’s important to have an attorney who you trust.
The criminal justice system is flawed, and it’s been proven that many who go to jail (or in this case, juvenile detention) end up committing more crimes in their lifetime. So a juvenile conviction can cast a very long shadow on a child’s life, and it can end up setting a path for them that may end in real jail time when they become an adult.
That’s why it’s so important to fight juvenile charges, even if you think it doesn’t matter because juvenile records get sealed when a child comes of age. What doesn’t get sealed are childhood experiences and memories: those will be with your child for the rest of their life.
The juvenile justice system often does children a disservice, so it’s very important that parents take every care to avoid getting a conviction for their child. Couple that with the emotional turmoil between parent and child, and you have a very highly-charged emotional situation.
Find a defense attorney who can help defuse that difficult situation and restore hope and health to your family.
Traffic Offenses More Serious Than Most Think
Most people are lucky if they only get one traffic citation in their life. Speeding, moving violations, failure to obey a stop sign, and the list goes on. No matter how vigilant a driver we are, everyone makes mistakes from time to time, and the odds are good that there will eventually be a police officer there looking to meet their quota when one of those mistakes happens.
But for some of us, traffic citations are more than just an every-now-and-then affair. Some people drive more recklessly than they should, and others are just unlucky.
Those citations, while individually they may not be very serious, can quickly add up to make life very difficult for you.
Every citation comes with at least a fine, but then beyond that fine, you’re likely looking at increased insurance rates, as well. If your offense is serious, you could be looking at educational classes, community service, license suspension, or even jail time.
That’s why it’s important to fight every citation in court, because the more citations you’re charged with, the worse the sentencing is going to be.
If you fight each citation as it happens, it makes it that much easier for you the next time you get charged with a traffic offense. If you ignore the citations until the potential sentence becomes serious, there’s only so much that even a talented lawyer can do for you.
Don’t wait to contact a skilled defense attorney, or it may be too late!
Felonies Are Even More Serious
Felonies, as opposed to misdemeanors, are in no danger of being laughed off. Everyone understands that a felony is serious business, and that’s been reinforced by film and television. If you get charged with a felony, you’ll be facing a minimum of one year in prison. No fines, no community service, you go directly to jail.
While a misdemeanor can potentially change your life, a felony absolutely will, with no question.
If you’re being charged with a felony, you should already know that you need a good defense attorney. But how do you decide which defense attorney to choose? All of them take felonies seriously, because they know what the punishment will be.
What you need is a defense attorney who is dedicated to being available whenever you need them, at any hour of the day, and someone who will give you the personalized attention that your unique case deserves. You need an attorney who understands that no two cases are the same, and that you’re a customer, not a criminal.
It also doesn’t hurt to find an attorney who’s so confident in their services that they’re willing to offer a free consultation so that you can see exactly how they operate.
Of course we’re talking about us, here at Ellman & Ellman, where we offer all of those things. We understand, though, that you may want to explore other options, but if you have a free consultation, we’re confident that you’ll choose us to defend you in the legal system!
Misdemeanors Are Serious!
Many people look at misdemeanors as ‘minor’ crimes that only come with a ‘slap on the wrist’ punishment. Especially given how severe the crimes are in most television shows and movies, it’s no wonder that misdemeanors are looked at as not serious.
But in reality, a misdemeanor can completely change your life. In many cases, it’s true that misdemeanors don’t face jail time, and are instead just faced with fines. However, it’s a mistake to think that that will always be the case.
Did you know that with a misdemeanor conviction, you can spend up to six months in jail? That’s enough time to completely ruin your life. You can lose your job, and with a criminal record it may be hard to find another one, not to mention having to pay the fine that the court has given you.
It’s not worth taking the chance.
If you find yourself being charged with a misdemeanor, you need to find the best defense attorney you can, and quickly. Even one conviction can stain your criminal record permanently.
Sometimes it’s the charges that aren’t taken seriously that are the ones that end up costing too much.
So whether you’ve been charged with a Class 1, 2, or 3 misdemeanor, you need a defense attorney who understands exactly how much a misdemeanor offense can change your life, and who will take that responsibility seriously. Don’t wait to find an attorney who will represent you to the best of their abilities!
What Qualifies as Theft in Colorado?
Theft charges are some of the most common charges seen in Colorado courts. The term is very broad, and encompasses a wide range of charges, both misdemeanor and felony. Often, the severity of the charges depends on the actual value of the property that was involved in the charge. For example, shoplifting will bring a lesser punishment than stealing a car. Even petty theft in Colorado should be taken seriously, as the after effects of a guilty verdict often go far beyond just a fine.
Common types of Colorado theft include:
- Shoplifting
- Theft by receiving
- Theft by fraud and deceit
- Theft by writing a bad check
- Motor vehicle theft
- Identity theft
- Theft of rental property
- Theft of fuel
- Burglary
- Robbery
You may thing that a minor theft will result in just a slap on the wrist. In some cases, that may be true, however it is important to think about the long-term when facing a legal situation such as theft in Colorado. Most employers run a criminal background check before extending an offer of employment. A theft charge is a serious liability for any employer, and most often it will result in missing out on an opportunity for employment. In addition, it can be impossible to receive certain professional licenses with a theft conviction on your record.
If you have been arrested for any type of theft in Colorado, you need the help of an experienced Colorado theft attorney. With an attorney at your side, you will have the best possible chance of having the charges dropped. If the charges cannot be dismissed, your attorney will work to get you the least amount of penalties possible.
Ignition Locks Could Be Mandated by the Federal Government for DUI Offenders
Colorado, along with Texas, has led the pack in the number of ignition interlock devices installed for DUI offenders. Texas has over 33,000 devices in use, while Colorado has 17,000 in use. If the American Energy and Infrastructure Jobs Act passes, the federal government may mandate the use for all DUI offenders.
Tucked into this bill is a portion that would make installing ignition interlock devices on the vehicles of all people convicted of a DUI, even those with very low blood alcohol content readings. Currently, judges have the right to determine when these devices are needed, and are typically reserved for repeat offenders or those that had very high BACs.
The alcohol industry, along with many drivers, feel that that right should stay with the local jurisdiction, but supporters of the bill point to Colorado’s DUI fatality statistics to back their agenda.
In 2008, Colorado had 176 fatalities related to drunk drivers. That number decreased to 158 in 2010 and 127 in 2011. It is hard to say that the ignition interlock devices were the only reason for the decrease, especially when you consider that there have been major initiatives for education and prevention around the state during the same period of time.
Should the bill pass, the federal government would have control over what BAC constitutes use of the ignition interlock device. To offset the costs of implementing the program, the bill calls for a $25 million grant to the states for participation. In Colorado, the device is paid for by the offender. Many of those against the bill believe the cost of the device should be the burden of the offender, while supporters say that using tax dollars to pay for the devices is a safety worth paying for.
Minor in Possession or Consumption of Alcohol
Underage drinking is a serious issue for many of Colorado’s youth. What may seem like a fun time may lead to some serious consequences for the teens doing the drinking and for the adult who purchased the alcohol. In Colorado, there are two charges commonly issued for underage drinking: Minor in Possession (MIP) or Consumption of Alcohol (MIC). Every year, over 10,000 MIP citations are given out in Colorado.
Colorado Law
Colorado law states that “any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person.” And “A person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control” is considered possession of alcohol. Of course, these charges combined with operating a motor vehicle can have devastating consequences.
If convicted of a Minor in Possession or Consumption of Alcohol charge, the minor can face the following penalties:
First Offense of MIP or MIC in Colorado
On the first offense of a MIP or MIC in Colorado, a fine of up to $250 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to three months.
Second Offense of MIP or MIC in Colorado
On the second offense of a MIP or MIC in Colorado, a fine of up to $500 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to six months.
Third Offense of MIP or MIC in Colorado
For the third, or subsequent, offenses the penalties become much more harsh. The third offense is a Class 2 Misdemeanor that can bring six to 18 months in jail, fines of up to $1,000 and loss of license for one year. In addition, alcohol assessments and treatment programs are almost always required and must be paid for by the individual.
Denver Police Crack Down on Marijuana Growers
This past week had Denver police officers kept busy with an operation referred to as “Operation Sweet Leaf” that has sixteen people charged with racketeering, marijuana distribution and money laundering. Police swept the city and raided dozen of homes across the metro Denver area thought to be part of a large marijuana growing operation.
The homes were found in Adams County, Weld County, Broomfield, Erie, Breckenridge and Denver. Multiple agencies were involved in the planning and investigations, including the Drug Enforcement Administration, the Internal Revenue Service and local police forces. The North Metro task force was the head of the investigations.
Officers involved in the raid served search warrants at 25 houses, in addition to the sixteen arrests. Over 1,000 marijuana plants were confiscated. While police are stating that there is no link to the state’s medical marijuana system, some people are skeptical.
There are rumors that some of the arrested people may be medical marijuana caregivers. In Colorado, a medical marijuana caregiver is a small provider that serves approximately five patients at a time and grows the marijuana in the home. There is confusion surrounding the legalities and requirements for caregivers, and this confusion may put the providers in the cross hairs of the investigations.
More arrests are expected as the investigations unfold. If you or someone you care about is a medical marijuana caregiver and concerned about the current investigations in the Denver metro area, speak with an experienced Colorado criminal defense attorney to understand your rights.
Why Innocent People Go to Jail
When approached by police, many people believe honesty is the best policy. Many people who are sitting in jail right now uttered the phrase “I was completely honest with the police” or “I had nothing to hide.” The truth of the matter is, if the police come knocking on your door, they are looking for evidence. What you think mike be polite conversation could actually be part of the process building a case against you.
You have no idea what someone may be accusing you of when the police approach you. It does not take a clear confession of a crime to be found as guilty and sentenced to jail time. Police are trained in interrogation tactics that often build trust and rapport, making you think that you are not a suspect in the crime. They often ask confusing questions that can paint you into a corner, making you appear guilty when you may not be.
The police officer often needs you to only say a few key words before you can be charged with a crime. Considering that you have no idea what those words may be, you cannot afford to take chances with any words at all. When approached by the police, simply refuse to speak to the officer until your attorney is present. You do, after all, have the right to remain silent.
If you fear you may be accused of a crime, or have had the police approach you, seek the help of an experience Colorado criminal defense attorney immediately. You cannot afford to be without representation. Attorneys know the games that are played during questioning, and can help you avoid making costly mistakes.
What Qualifies as a Domestic Violence Case in Colorado?
Many times, people accused of a crime in Colorado appear in court and find themselves facing a judge that tells them their case involves domestic violence. The reaction to this claim is often that no violence happened, so how can the judge make a domestic violence claim. It’s important to understand what makes a case qualify as domestic violence.
Colorado Domestic Violence Explained
In Colorado, domestic violence is not as cut and dry as it seems. Domestic violence cases often do not involve any physical harm. The law states that an act or threat to perform an act of violence with a person that is accused has been involved in an intimate relationship. An intimate relationship includes spouses, ex-spouses, unmarried couples past or present, or people that have had a child together, regardless of their current or past living arrangements.
You can also be accused of domestic violence if you commit a crime against person, property, or an animal as a method of threatening, intimidating, punishing or coercing someone that you have had an intimate relationship with in the past or present time.
Why You Need a Colorado Domestic Violence Attorney
As you can see, domestic violence is a very broad term that can be applied to nearly any accusation involving a present or past person you have been involved with intimately. If you are facing a charge that involves someone that could be considered an intimate relationship, don’t take chances by going to court without an experienced Colorado domestic violence attorney on your side.
Colorado Drug Possession: What Now?
Being charged with drug possession in Colorado is no laughing matter. Depending on the amount of the illegal substance you are found with, and the circumstances surrounding the arrest, you could face serious, if not life altering penalties for the charges if found guilty. If you have been arrested for possession, there are a few things you should keep in mind before your court date approaches.
Possible Penalties for Colorado Drug Possession
Nearly all crimes that relate to drug possession are punishable by time served in prison. Failure to appear for court will most commonly land you in prison for six months as a minimum, so be sure to keep track of your court date. If the amount was less than an ounce, and you have no previous criminal record, you may be lucky and be considered a “petty offense” with a $100 fine. More than one ounce of illegal substances will be a misdemeanor charge, which usually brings six to eighteen months in jail and a large fine. Anything over eight ounces is a felony charge, which will likely result in up to a year and half in jail, a suspended drivers license and a very large fine.
Do You Need a Colorado Criminal Defense Attorney?
When you consider the hefty penalties for drug possession charges in Colorado, the better question to ask is “Can you afford not to have an attorney?” An experienced lawyer will have handled hundreds, if not thousands, of Colorado drug possession cases in his or her career. An experienced attorney understands the court system, likely knows the judges that will handle your case, and has the expertise to negotiate on your behalf to help you get a lesser sentence if your charges cannot be dropped altogether.
The law offices of Ellmann & Ellmann PC, in Castle Rock, Colorado have years of experience defending drug possession charges, from the smallest petty offenses to complex cases involving large quantities of controlled substances.
Douglas County Deputy Arrested for DUI After Causing Pile-Up on I-25
The New Year isn’t off to a good start for a Douglas County Sherriff’s Office Deputy, who was arrested for a DUI just before lunch on January 1st. The deputy has been a member of the Special Operations Response Team, which responds to disturbances at the local jail.
This was no small incident either. The Denver Post reported that the off-duty deputy braked abruptly in his Ford Escape on northbound Interstate 25. The quick stop caused two vehicles to crash into the Escape, and caused another three-car pile up as people tried to avoid the accident.
Luckily, the four people injured were treated for minor injuries only. The deputy was arrested and charged with a DUI, careless driving and for failing a Breathalyzer at the scene.
The Douglas County Sherriff’s Office spokesperson suggested that an internal investigation would be conducted, and the Castle Rock police are handling the main investigation. The deputy is on administrative leave without pay for the time being.
Facing a DUI is not something anyone should do on their own. If you or someone you care about is charged with a DUI, especially one involving an accident, seek the help of an experienced Castle Rock DUI lawyer right away.
Repeat DUIs Result in Serious Consequences
Your first Colorado DUI comes with pretty harsh penalties. You likely will face a temporary loss of license, fines, driver education requirements, community service, and possible time in jail or probation. But what happens if you receive an additional DUI? Unfortunately, the penalty is much more severe after the first offense.
If you are facing a second DUI, it is very important that you find a successful Colorado DUI attorney to represent you. The consequences are seriously increased with each DUI a person receives, and an attorney is your best chance of receiving the minimum penalties should you be found guilty of a DUI.
Fines
The minimum fine given for a second DUI in Colorado is $600. Rarely will you skate by with just the $600 fine though. Fines as high as $1,500 are possible for a second DUI, and many judges will go for the toughest penalties in an attempt to prevent future DUIs.
Jail Time
A second Colorado DUI will require a minimum of 10 days served in jail. However, the maximum sentence is one year of jail time. During the time served, you cannot use or earn time off for good behavior.
Probation Requirements
In addition to time spent in jail, a person convicted of a second DUI must have two year of probation as a minimum. The maximum amount of probation is five years.
Additional Expenses
In addition to the fines, a person with consecutive DUIs will incur court costs and attorney fees. If damage was done to a person or property during the DUI, you may also have to pay restitution. Most DUIs come with a list of required treatment programs, and each of these will have a cost associated with them.
Researchers Claim Accident Rates Lower in States with Legalized Medical Marijuana
Many news stories and opinion pieces have been circulating the newspapers and Internet, discussing driving while under the influence of medical marijuana in Colorado. The sheer number of articles available on this topic would make you think that medical marijuana is causing an alarming number of accidents on our roadways.
You might be surprised to find out that the opposite might possibly be true. Recently, two Montana State University professors conducted a study comparing the number of vehicle accidents in states that have legalized medical marijuana and states that have not passed legislation permitting medical marijuana. They compared state-level data from reputable sources, including the National Survey on Drug Use and Health.
The results from their research was surprising, even to the researchers. States that have legalized medical marijuana, such as Colorado, saw a sizable decrease in traffic accidents. The average decrease was over nine percent.
When asked to explain why these statistics might be as they are, the researchers speculated that young people in these areas were likely less likely to drink and drive when they had access to marijuana. They also cited the possibility that those that use marijuana may be less impaired behind the wheel, and therefore less likely to be involved in accidents.
According to Daniel Rees, one of the two professors involved in the research. “The result that comes through again and again and again is that young adults drink less when marijuana is legalized and traffic fatalities go down.”
Many critics disagree with their findings, but it is interesting food for thought. What do you think?
Medical Marijuana and DUI Law
Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.
In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.
If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.
Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.
If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.
Not All DUI Cases Are Cut and Dry
It seems simple enough. You drink, you get behind the wheel of a car, you get pulled over, you take a field sobriety test and you get charged with a DUI. It happens every day in Colorado, but even more so during the holidays. What you might not realize, is that the reports police officers write may contain inaccuracies.
Such was the case with eight DUI cases that were recently dismissed after internal investigations prompted the dismissals earlier this month in Mesa County. More dropped cases are expected as attorneys review the cases involving a particular now ex-police officer that was dismissed on December 1st due to “displayed bias” in situations where the officer was the sole witness on the scene of a DUI.
The vast majority of officers making our roadways safe are credible, and report details exactly as happened. However, it’s worth looking at the report to see if discrepancies exist. If they do, and you have not yet contacted an attorney, you should do so right away.
In some of these cases, on dash cameras will clearly show the inaccuracies, in other cases it may be the word of an intoxicated driver versus the credibility of the police. Regardless, your chance of receiving reduced penalties is significantly higher when you are represented by an experienced Colorado DUI attorney.
New Year’s Eve: Play It Safe
New Year’s is a time of celebration for many in Castle Rock. If you have plans to be out celebrating the new beginnings with your friends or loved ones, it’s important to keep in mind that the Colorado Department of Transportation provides grants to local police departments to help offset overtime so that all officers available can be out patrolling the roads.
Colorado’s “Heat is On” campaign is in full swing for the New Year’s celebrations, and you can expect increased DUI checkpoints and more officers on the roads. The CDOT has also partnered with Mothers Against Drunk Drivers, the Colorado Licensed Beverage Association, the Regional Transportation District in Denver and Miller Coors to help educate and promote responsible drinking.
Aside from having a designated driver this New Year’s, Miller Coors is offering free vouchers for cab fare at some participating locations throughout the state. RTD is also offering free rides in some areas of Colorado.
Smart phone users can download a free app by the name of R-U Buzzed for their Andriod or iPhone device. This app will estimate one’s blood alcohol content and call a cab for you.
For iPhone Users:
http://itunes.apple.com/us/app/r-u-buzzed-bac-calculator/id338979239?mt=8
For Android Users:
https://market.android.com/details?id=com.cdot.rubuzzed&hl=en
It is important to understand that while helpful, this app cannot determine your exact levels. It is always safest to designate a sober driver prior to heading to your holiday celebrations. Hopefully, you’ll play it safe this New Year’s. However, if you find yourself charged with a DUI, contact a Colorado DUI attorney as soon as possible.
Parrish Cox Pre-Trial Hearing
Former second-year Broncos cornerback Parrish Cox, currently facing charges for sexual assault, was in court on Friday for a pre-trial hearing. His trial, originally scheduled to start on October 27, 2011, was delayed until February. Colorado criminal defense attorneys who are working for Cox have denied that Cox ever had sexual contact with the victim, though prosecutors say that there is DNA evidence proving that Cox is the father of the woman’s child.
Felony charges against Cox include sexual assault against a physically helpless person, and sexual assault against a person who was incapable of determining the nature of the conduct. Cox was arrested at his apartment in Lone Tree, CO, last December after the victim reported the alleged sexual assault, which she claims took place in September 2010.
The woman allegedly became pregnant as a result of the encounter, which led to the DNA tests that prosecutors claim prove that there was sexual contact between the two. The Broncos placed Cox on waivers in September, but claimed that the reason for his dismissal was due to on-field performance rather than as a result of the allegations against him. Cox is currently free on $50,000 bail after pleading not guilty to the charges against him.
Attorneys are currently at odds over what evidence can be used in the trial; recently a judge ruled that DVDs involving interviews with Cox could be used as evidence in the trial, although the DVD was never turned over to the District Attorney’s office. Detectives in the case called it a procedural oversight, but this led Cox’s Colorado criminal defense lawyer to file a motion of sanction against the department for a discovery violation in September. There were also, apparently, questions as to whether Cox was properly read his Miranda rights before being questioned, and whether he was informed that he was being interviewed as a witness.
Jimmie Joe Montgomery, Most Wanted, In Custody
It looks like one of Colorado’s Most Wanted will soon be looking for a Colorado criminal defense attorney. On Wednesday, at a motel in Windsor, CO, police from the Larimer County sherriff’s office arrested Jimmie Joe Montgomery, 33 years old. Montgomery was placed on the “Fort Collins Most Wanted” list last month. The charges for which Montgomery was wanted include drug-dealing as part of an operation called Project White Out.
Along with Montgomery, police also took into custody two women, each of whom was wanted on a long list of warrants. The drama came to a conclusion after a long standoff which began when Deputy Derek Signorelli followed up on an investigation regarding a rented U-Haul that was parked at the hotel.
Montgomery is believed to have been a key player in a major multistate drug ring, one of thirty-three people named in the operation, and one of five suspects believed to have been involved with the distribution of methamphetamines as part of the operation.
Jessica Rae Cunningham of Fort Collins was also placed under arrest. The 24-year-old woman was wanted on twelve felony warrants, including identity theft, forgery, motor vehicle theft, vehicular eluding, and theft.
A third person taken into custody was 39-year-old Meradeth Nicole Antolich of Fort Collins, who was wanted on two warrants regarding to her failure to comply with authorities on theft charges.
Police say that the three were hiding out at a Windsor motel when authorities caught up with them and placed the trio under arrest. Both of the women cooperated and surrendered immediately; Montgomery, however, refused to leave the room for over an hour and a half. Police say that even more charges are likely to be filed after a thorough search of the hotel room after the arrests.
Speed, Alcohol Played Factors in Fatal Crash
Colorado DUI attorneys would like nothing more than to be able to turn their attentions to other forms of law. Drunk Driving is a disturbing phenomenon in our society, and it seems that the problems are only getting worse. On Thursday, 36-year-old Jonathan Ichrist of Arvada, CO, was arrested on suspicion of causing a fatal accident in Aurora.
Police say that it was likely that both alcohol and speed contributed to the accident; Ichrist was allegedly driving 92 miles per hour when he ran a red light and slammed into a 2004 Pontiac driven by 22-year-old Catherine Wells of Denver. Wells died in the crash, and her passenger was injured. Ichrist and his passenger were also injured and taken to the hospital.
The accident took place on East Iliff Avenue, where the speed limit is only 40 miles per hour. Ichrist’s bond has been set at $50,000. There are a laundry list of charges against Ichrist, many of which are Colorado felony charges. The charges levied include vehicular homicide, driving under the influence, vehicular assault, and reckless driving.
It is important to remember here that Ichrist has not yet been proven guilty in a court of law, but situations like this make one reflect on just how awful it is that lives are ruined by reckless driving and those who drive under the influence of alcohol. Certainly Ichrist’s life could be ruined by this—the charges against him constitute long jail terms, and a stigma that will follow him for the rest of his life, and that’s not to mention the guilt he will likely carry. But the loved ones of the deceased also have a long road of healing and recovery ahead—they may indeed never gain the closure they so desperately need. Regardless of the eventual outcome, we should take a lesson away from this.
Perjury Condemns Wife in Husband Shooting Case
Here’s another bizarre case for the records. After her husband was shot and killed, a Durango County woman has been arrested and charged with perjury in an investigation following the sentencing of the shooter, her own brother. Perjury is a crime that no Colorado criminal defense lawyer wants to deal with, as it naturally pokes serious holes in the credibility of any case.
The Random House Dictionary defines perjury as “the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry.” In lay terms, this means that if you lie in court after swearing to tell the truth, you’ve committed perjury, which is a serious crime.
Suzanne Garcia, an administrative assistant at local Park Elementary School, was in Baltimore when the shooting actually took place. Nevertheless, she has been charged with a whopping eight felony charge counts of perjury. Pursuant to regulation 1-CCR 301-38, the school district has notified parents directly of the arrest, according to the superintendent’s administrative assistant, Jane Schold.
The County Sheriff’s office has declined to comment on the specifics of the charges, but has said that the investigation is ongoing and there will likely be even more counts coming down the pike. This is a fairly shocking turn of events in a case that has been surprising from the get-go; Garcia has been known as a relatively stand-up individual in the community, having been a cheerleading coach and even run for political office in the state House’s 59th District.
No doubt that as the investigation continues and more charges possibly come to light, the details of the exact nature of these eight counts of perjury will be revealed; it will be interesting to see how Garcia’s defense attorneys deal with the issue.
Afternoon Shooting Suspects in Custody
On Friday afternoon, a teenager was shot in the neck and dropped off at an Aurora County hospital. Police are currently investigating the shooting, and have two suspects in custody. It’s too early to say exactly what happened, but certainly their Colorado criminal defense attorneys are going to have a lot to go through as the case unravels.
According to reports, several parties were involved in a verbal altercation around noon on Friday, when shots rang out. It is believed that two men then loaded the teenaged victim into their car and drove him to Children’s Hospital Colorado in Aurora, where they dropped him off and left. Details are still sketchy, but police caught up with the two suspects, whose names have not yet been released, a few blocks later and placed both of them under arrest. The victim was rushed immediately into surgery. There have as yet been no updates as to his condition. Since the victim is a minor, his name has also not been released to the press.
It’s good that police so quickly acted to take suspects into custody in this case, and we can hope that they got the right men, and that the charges filed, be they felony assault charges or misdemeanor weapons charges, will be appropriate to the crime in question, but there seems to be a lot to sort out yet. Was the shooting in response to the argument, or a consequence of it? Was it an accident or deliberate? That the suspects dropped the victim off at the hospital speaks that there was no intent to kill, or at least that they regretted the act afterward. This is something that a good criminal defense lawyer will bring up at trial. In the end, this is another sad incidence of youth violence in a country plagued by it.
Bizarre Accusations around Former Arapahoe Sheriff
In a case that seems straight out of an episode of Law and Order, on Friday former Arapahoe County Sheriff Pat Sullivan was formally charged in court in a drugs-for-sex case, the charges including three felonies and one misdemeanor. The charges surrounding the case are bizarre and surprising, even for a seasoned Colorado criminal defense lawyer.
Sullivan was jailed Tuesday after a sting operation in which he was allegedly caught trading drugs for sex with a male acquaintance. He was charged with three felony crimes:
- Distribution of a controlled substance
- Possession of methamphetamine
- Attempt to influence a public official.
In addition, Sullivan was charged with the misdemeanor offense of solicitation of prostitution.
Sullivan’s suspected dealer will likely be charged soon.
More potential charges have come to light, however. Allegedly, in 2007 Sullivan assisted his friend Sean Moss, a gay pornographic movie actor with whom he had a long-time relationship, to get a job in a local school system, working for Overland High School. Overland officials said that they have had no complaints regarding Moss’s interactions with students. Moss, however, died earlier this year, and though his death is still under investigation, he had quantities of methamphetamines and GHB – the date rape drug – in his system at the time of his death. Prosecutors believe that it’s possible Moss got the drugs from Sullivan, and they are engaged in an active investigation into this possibility. Court documents show that while a bail bondsman put up the money, Sullivan was involved in a case wherein Moss was bailed out of jail on drug charges shortly before his death.
As any criminal law attorney can tell you, cases like this tend to get more complicated and fascinating as they go on. It should be quite interesting to see how this one plays out.
Fugitive Accidentally Shoots Accomplice
22-year-old Joshua Ringold, a murder fugitive in Mesa County, CO, eluded police after nearly being arrested following his accidental shooting of his own accomplice. The two were sought in the felony home invasion burglary of a Mesa County home. The two homeowners and Ringold’s 16-year-old accomplice were shot during the incident; the accomplice died.
There’s going to be a lot for Colorado criminal defense lawyers to sort out in this one—the dead accomplice, Cody R. English, was supposedly shot by accident during the confusion that resulted from an altercation with one of the homeowners, who allegedly struck one of the suspects with a lead pipe. The chest wound killed English, but the homeowner, who was also shot, survived the attack.
A third suspect in the case, 20-year-old Jeremiah Carey, has already been arrested and is being held without bond, charged with one count of aggravated robbery and burglary.
Police nearly caught Ringold once, tracking him to a house in the Orchard Mesa neighborhood, but he somehow managed to elude police and escape. Police have issued a reverse 9-1-1 warning to the neighborhood, advising residents that Ringold is still at large, should be considered armed and dangerous, and may even still be in the neighborhood. Currently, Ringold “is being sought for investigation of murder, attempted murder, aggravated robbery, burglary, two counts of first degree assault and menacing,” a laundry list of crimes that, if he is convicted, will see him spending a great deal of time behind bars.
There have been so many homicides in Colorado this year—already more than 2010, with still a month to go; it’s a tragedy when such young people who should have their entire lives ahead of them fall into criminal patterns that lead to the violent deaths of other young people.
Colorado Killer Leads Police on Cat-and-Mouse Game
Travis Forbes is a dangerous man, the kind of potential serial killer who even gives Colorado criminal defense lawyers chills. It took police five months to unravel the network of lies, half-truths and fictions he wove around the murder of one young woman and the brutal sexual assault and attempted murder upon a second. Police say there was little doubt that he would’ve killed again, had they not been able to finally wring a believable confession out of him.
Police say that Forbes was masterful in crafting his cover-up stories—he had an excuse for every accusation and an angle to cover any discrepancy. They may never have caught him, had one of his victims survived the attack and provided crucial DNA evidence that allowed Forbes to be finally cornered to the point where he offered a confession in return for a plea deal—no death penalty and no sex crime charges.
The type of cat-and-mouse game on which Forbes led police for five months is not dissimilar to the dance performed in the courtroom when attorneys for the defense and prosecution attempt to unravel all the details in the web of whatever crime is being tried.
In many cases, the sheer lack of credibility a suspect like Forbes has, adds value to his defense attorney. It is not uncommon in trial to see as part of the defense that if the suspect is such a liar, that his confession must also be considered suspect.
In this case, however, the issue is moot, as Forbes cut a plea deal and as a result pled guilty to murder, being sentenced as a result to life in prison. Police have called the woman who survived Forbes’ attack a “super hero,” who had the courage and wherewithal not only to survive such a brutal assault, but to save the DNA evidence that eventually ended Forbes’ reign of terror.
Burglar on Probation Shoots Elderly Woman
Sometimes our criminal justice system isn’t rehabilitative enough. Sometimes punitive justice doesn’t work. Colorado criminal defense attorneys fight hard for the rights of the accused, and sometimes that battle goes on outside the courtroom, to ensure that those who are guilty are properly rehabilitated, rather than simply punished and taught to be better criminals before being unleashed back upon the world.
On November 25, 2011, a 21-year-old man who was on probation was arrested again, this time as a consequence of a burglary in which he allegedly shot and killed an 87-year-old former deacon.
Marcus Smith was already serving probation for second-degree burglary when police say he broke into the home of Kathryn “Kit” Grazioli, and during the course of robbing her house, shot her and left her body burning. All of the details of the crime have not been released, but from what information is available, it would seem that police have at least Smith’s fingerprints.
These sorts of felony crimes are shocking and tragic, perhaps made all the moreso in Colorado, where criminal law attorneys have had their hands full this year, with 26 homicides, up from 2010’s total of 24, and still a month to go. It really does make one wonder, however, whether our criminal justice system is working the way it should. It’s not proper to immediately assume Smith is guilty before he has a trial before his peers, but if he is found to be guilty of this crime, one must wonder how he ended up back on the streets, on probation, rather than in prison to begin with.
One could argue that Smith’s lawyer must have been top-notch, but even still, perhaps we need to take a closer look at how our system is or is not working, to avoid more dangerous criminals being put on probation rather than in jail.
Police Impersonator Commits Two Robberies
Who hasn’t, as a child, enjoyed a good game of “Cops and Robbers?” We all liked to pretend as kids, and many of us spent as much time arguing over who was the cop and who was the robber, as we did actually playing the assigned roles. But what happens when, in real life, the cop becomes the robber? Just such a thing happened—twice—in Denver this week, and the scenario is nightmarish, for Colorado criminal defense attorneys and everyone in Denver.
Impersonating a police officer is a very serious crime which in some states can range from a misdemeanor offense to a felony charge. In those states where misdemeanor level impersonation of a police officer exists, it would involve such things as attempting to arrest someone, writing bogus tickets, or similar acts where the perpetrator is pretending to be an officer of the law, but not committing other crimes as well.
However, in Colorado impersonation of a police officer is a felony and carries a sentence of up to eighteen months in jail. However, it is very often paired with other criminal charges which can vastly increase the associated jail time. Charges like this will affect the accused for the rest of his life—they are difficult to seal and can even affect your ability to get a job.
This particular scenario involved the alleged offender, described as a 5’7” tall, clean-shaven Hispanic male, using a flashlight to pull cars over. When the cars had pulled over, the accused, who wore a dark, police-like uniform complete with badge, approached the car, and proceeded to rob the inhabitants. Two cars were robbed in this manner within a very short period of each other, both in the mid-morning/early afternoon hours.
The suspect is, as of this writing, still at large, and there is a reward for any information leading to his capture.
Ten-Hour Airbase Standoff Ends with Surrender, Arrest
We see news stories about standoffs all too often these days. A domestic dispute escalates far beyond yelling and screaming, and one party ends up holding the other hostage while police SWAT teams spend hours outside the house, trying to either negotiate with the accused or otherwise force their surrender. The drama plays out before the public’s eyes with constant news updates, before the Colorado criminal defense attorneys ever even enter the picture.
What we don’t see every day, however, is a standoff at a United States air base. Just such a standoff happened recently at Schriever Air Force Base in Colorado Springs, home of the U.S. 50th Space Wing. The standoff lasted for ten hours before the airman, whose name has not been released, surrendered and was taken into custody by police. Base operations were never seriously threatened, the base administration said. This is fortunate, as the 50th Space Wing controls all U.S. military GPS Satellites—interruption of these services could have been disastrous.
What is known is that around 10:00 AM, an airman commandeered a building used for troop deployment, and that the cause of the standoff may be related to the fact that the airman was accused of prior misdoings and was facing discharge so that his prior case could be tried in civilian court, with civilian criminal law lawyers.
Truthfully, this is probably a blessing for the accused, as military justice tends to be far harsher than civilian law, though now in addition to his prior offenses he is going to have to face new charges; the offense of commandeering a building and causing a ten-hour standoff with police is likely to involve felony charges, even at the civilian level.
In any case, it’s a relief that the standoff is over. The airman’s future is in the hands of his attorneys, now.
Clinic Workers Cut Deal to Bring Down Pill Mill
A Colorado criminal law attorney has done his or her job well when not only is the client’s rights protected and the sentence proper, but when an even greater crime is stopped in the process. Just such a thing happened recently, when two clinic workers who had been arrested and charged on drug charges were sentenced to time served after they cut a deal to bring down their boss, who operated a clinic that allegedly served as a “pill mill,” freely distributing drugs such as oxycodone to addicts for purposes of substance abuse.
The judge seemed to feel that both women had stepped up to the plate and accepted responsibility for their own actions and roles in the drug distribution, and had on top of accepting responsibility, done a service to the state in cutting the deal to provide valuable information to the district attorney that shut down the entire operation.
Criminal law is strange and complicated, and not always black and white, as much as we would often like it to be. People are not just heroes or villains—sometimes bad situations drive people to take horrible actions, and sometimes those people are able to reconcile with society, reform, and rebuild their lives. It is the job of a strong and qualified criminal law attorney to stand up for the rights of the accused, yes, but also to encourage a guilty client to take responsibility for their actions.
People tend to view defense attorneys as the “bad guys” in the black and white arena of criminal law, but it’s just not the case. Very often, defense attorneys encourage their clients not only to plead guilty, but to cooperate fully with police investigations, and provide any information they can to help bring real criminals to justice.
Sentencing Scheduled in 2010 Colorado School Shooting Case
School shootings are some of the most heinous and tragic events imaginable. Colombine didn’t start the phenomenon, but it did change the landscape—ever since then there seems to have been a spate of shootings, not just at schools, but at shopping malls, even in an Amish community in Pennsylvania. Colorado has seen its share since that fateful day in 1999, and everyone dreads hearing about another shooting on the news. Colorado criminal defense attorneys are no different; these sorts of cases are no fun to defend, to be sure.
A more recent shooting, in 2010, had what some consider to be an unsatisfactory result when the defendant, Bruco Strong Eagle Eastwood, was found not guilty by reason of insanity for his part in the wounding of two eighth graders at Deer Creek Middle School. Now, however, the courts have found Eastwood guilty of firearms violations, an offense which carries up to 1 ½ years in prison.
Here are the questions people will be asking, whether they are everyday citizens, or attorneys specialized in felony crimes. Is this sentence befitting the crime? If indeed Eastwood was competent to violate gun laws, was he competent to know what he was doing when he pulled the trigger? Should his sentence be more stiff?
On the other side of the coin, is this a disguised form of double-jeopardy? Should police and district attorneys be allowed to withhold charges just in case the first charge doesn’t stick, so they can have another go?
Still other questions: if Eastwood is indeed mentally incompetent, how will putting him in jail instead of a psychiatric facility do him any good at all?
If Eastwood is guilty—and it seems the courts have deemed him so—he should be incarcerated. The question at hand is, does the punishment fit the crime? This is a core aspect of our legal system, and one of which criminal law attorneys must always be aware.
Nearly 450 DUI Arrests Occur over Halloween Weekend
Looks like Denver DUI Attorneys stand to be pretty busy over the coming weeks and months! This past Halloween weekend, Colorado State Police, along with 95 other law enforcement agencies all across the state began a major crackdown in enforcement of drunk driving laws; the result was 447 arrests of drivers under suspicion of driving while intoxicated.
Across the state, Denver posted the most arrests of any other jurisdiction, with a total of 58. Colorado Springs, Aurora, and Adams County also posted high numbers, though not near Denver’s lead.
The reason for this crackdown is that traditionally in Colorado, October is a rather deadly month. In 2010, there were seventeen deaths related to drunk driving, while in 2009 a whopping twenty-seven people died in alcohol-related car accidents.
DUI attorneys will help to make sure their clients’ rights are protected in cases like this, but drunk driving is no joke, nor is having a strong and qualified traffic law attorney a magic fix should you get arrested for the crime. The penalties for DUI are extremely stiff: the drivers in this October’s crackdown can face fines of up to $10,000, not to mention loss of driving privileges, court fees, and insurance increases—and this doesn’t take into account the jail time that can result from such offenses.
Offenses like this stay with you for the rest of your life. Even without jail time, a DUI offense can stay on your record for life, and can affect your life in more ways than this blog has the space to spell out. It’s amazing that even after all this time, with all of the information and education that’s out there about drunk driving, that so many people still get arrested for DUI offenses every year.
Vampire Attack in Denver—But Halloween is Over!
So as you might imagine, Denver criminal law attorneys have to defend more than our fair share of assault cases, ranging from parking lot fist fights to attempted robberies, to domestic violence cases. Assault is probably one of the most frequent forms of criminal charge levied—there are dozens if not hundreds of assault charges filed across the country every day. This is partially because we as a country have become hypersensitive to the idea of one-on-one violence, but the point is—attorneys see a lot of different kinds of assault charges and criminal law trial lawyers deal with some very crazy laws.
One thing that attorneys don’t get to see very often, however, is a real-life vampire attack.
On November 7, a woman allegedly walked into a convenience store and bit a customer and a clerk on the neck. Now Denver police are looking for the woman, who will likely find herself in need of a criminal law attorney pretty soon. Surveillance footage is available of the woman, who apparently left the store with a man driving a red sedan after the two attacks.
Denver crime stoppers is involved with the case as well, and is offering a $2,000 reward for information leading to the woman’s capture.
As to the woman’s motive, that has yet to be established, but it’s not a stretch to say it is highly unlikely that she was after their blood to slake her undead thirst. After all, don’t vampires only come out on Halloween?
It is interesting to note that the woman is said to have groped the customer she bit, and to have bitten the clerk after requesting a hug. Vampirism has become a fairly common sexual fetish over the past twenty years or so; is it possible the attacks were an effort to fulfill this fetish?
Or maybe the guy in the car just dared her to do it.
Talk about Bad Luck! Longview Man Plows Police
Sometimes you hear about an alleged drunk driving accident wherein nobody got hurt, that just reeks of bad luck to the point where even though you know the poor guy on the receiving end was entirely in the wrong, you can’t help but feel just a little bad for him. Even a Denver DUI attorney has to get a chuckle out of such stories. In fact, just such a thing happened on November 8 outside of a Longview, CO, bar.
A man had allegedly been evicted (“with difficulty,” according to bar owners) from the bar after a night of heavy drinking. He got into his car—never a good idea when you’ve been drinking—and left the bar, driving at about 10 miles per hour.
When police tried to engage the man to make him pull over, one pulled up behind him and one in front. Instead of pulling over, he drove his car directly into one of the police vehicles…and then backed up and hit the one behind him!
If there were a portrait of how to make a bad situation worse, this would be it. This is a guy who sorely needs to obtain the services of a good dui lawyer, because there’s going to be consequences far beyond your usual driving while intoxicated conviction, if indeed he is found guilty of said charge.
In fact, things get worse for the driver, whose name has not been released. Police have said that he is an habitual offender, with over twenty-five past violations, as well as current restrictions on his license.
Drunk driving, of course, is no laughing matter, but when something like this happens, there’s so much bad luck involved (along with bad judgment) that one can’t help feel just a bit of pity for the alleged offender.
Aurora Mom Charged with Child Abuse after Kids Die in Fire
Two children died in an apartment fire while their mother was not home. Is this a tragedy or negligent homicide? A jury will have to decide, as Danielle Brockman faces charges of child abuse leading to death following just such an incident on October 30. Brockman has not secured the services of an independent Colorado criminal defense attorney, but has rather been assigned a public defender, who will no doubt do their best to ensure that her rights are seen to during the trial.
Details are somewhat sketchy at this point, as they tend to be this early in the case, but the 22-year old mother was not at home when the fire broke out; both of the children were rescued, but one died en route to the hospital and the other died at the hospital two days later. Brockman was arrested by police on suspicion of child abuse leading to death. She waived her preliminary hearing and is being held over for trial.
Whether Brockman is indeed guilty of negligence or child abuse will be for the courts to decide, and her criminal defense attorney to argue. There is one thing, however, upon which we all can agree, regardless of whether you are a lay person, a district attorney, or a Colorado criminal defense attorney. Whenever children die, it’s a horrible tragedy and a great loss to our society. It becomes very easy to make these sorts of cases about laying blame for the death. We shouldn’t forget, as a whole society, to mourn the loss of these innocents. Sometimes in a greater sense that’s more important than determining who is responsible. A tragedy is a tragedy, and even if it’s fatal, an accident doesn’t always equate to abuse.
Aurora Man Sentenced to 8 Years for Child Pornography
Child pornography cases are perhaps some of the worst cases a Colorado criminal defense attorney can be called upon to defend. Our society, and perhaps justifiably so, views these sorts of crimes as some of the most heinous of felony offenses. Recently, a man plead guilty to just such an offense, and was sentenced to eight years behind bars for possession of over 30,000 images of child pornography on his computer.
Certainly is up to the defense attorney to protect the rights of his clients, but it is also the overarching duty of every attorney to see that the law is upheld. It’s unfortunate that it is cases like this where defense attorneys are often seen as villains, people who don’t care about the victims. This is patently untrue. Indeed, in this case the defendant plead guilty to the charges levied against him; it’s not often that guilty pleas come without the counseling of a criminal defense attorney, who steps up and advises the client that the evidence is overwhelming, and a guilty plea is quite simply the best defense.
In this case the article is unclear whether the defendant plead on the advice of attorneys or of his own volition, but certainly the evidence seemed overwhelming, and there’s an important point to make: sometimes, in fact, it is the duty of a criminal defense attorney to advise a guilty plea, whether it be because he believes his client is guilty, or whether it be because a guilty plea would be in the best interest of his client overall, as part of a plea deal that would result in a lessened sentence in a case that cannot be won, even if the attorney believes in his client’s innocence. It’s a delicate balancing act, and ethically lawyers are compelled to uphold it.
Eye in the Sky Nabs Suspect – Orwell’s Nightmare?
Recently, a new infrared eye on a Denver police helicopter helped to apprehend a man accused of robbery and assault in the street. Nobody would claim that capturing a criminal is a bad thing. If someone breaks the law, they should be subject to a punishment exactly befitting the crime committed after being granted a fair trial of their peers and found guilty in a court of law; this is the core of our legal system. Everyone has the right to trial, and of representation by a competent criminal law defense attorney.
However, at what point does the need for law enforcement officials to do their job conflict with the legitimate privacy concerns of citizens? As anyone who has read George Orwell’s classic novel 1984 can tell you, the fear of victimization and the desire for security at any cost can lead to thought crimes and the nightmare of Big Brother.
Some people claim that privacy in our era of reality TV and social networks is an illusion at best, but do we still enjoy some reasonable expectation of privacy? Is this normal police patrolling, or is it spying on normal citizens while looking for criminals?
It’s not the purview of this blog to make value judgments on the tactics used to catch criminals; however, there are certain questions we as a society must keep in mind. Among these questions is that of the invisible line—at what point does police patrolling cross over into invasion of privacy? Is there a reasonable expectation of privacy when one is on a public street?
Assault and robbery are serious crimes, and assuming the suspect is guilty, it’s a good thing the suspect was caught. But it’s important for Denver criminal law attorneys to keep in mind that the job of a lawyer is to protect the rights of the individual, and both attorneys and the public should be ever vigilant regarding these questions.
Occupy Denver Movement Clashes with Police
The movement that began as Occupy Wall Street has spread across the nation like wildfire. To many the movement is confusing and bemusing—many of the protestors in these movements have been unable to clearly articulate exactly what it is they are trying to accomplish, aside from the ephemeral “Change,” and that they are against corporate greed. The one thing that is certain, however, is that more and more these movements are finding themselves at odds with authorities, a fact that is keeping Colorado criminal defense attorneys busy these days.
A recent clash between protestors in the Occupy Denver movement and hundreds of Denver police and SWAT officers has resulted in twenty arrests. Two of those arrested have been charged with felonies after being accused of assaulting police, charges that will stick with them for the rest of their lives unless their defense attorneys do a very good job.
The protest began when police moved into the park near the Denver Civic Center to remove illegal sleeping tents; the city has granted permits for food tables, but not sleeping structures. Protestors took umbrage to the efforts of police and surged in, which resulted in a melee that saw police firing pepper bullets into the crowd and using pepper spray.
Whether or not the force exercised by police was excessive will be an issue for the courts to decide; certainly the tactics used will come under scrutiny by the Denver criminal law attorneys that try the case.
Still, it’s clear that things are getting tense with the “Occupy” movements and something has to give, soon. The biggest question, however, is “what will give?” It would help if more people actually understood the agenda of the movement—it’s difficult to address demands when there are none clearly articulated.
Former DA Faces Prison after Sex Crime Plea
It is extremely easy to demonize criminal defense attorneys; indeed, it’s even popular to do so. Watch any television legal drama. Most of them, with one or two notable exceptions, focus on the District Attorney and the police, painting them as heroes while the defense lawyers are almost universally portrayed as sleazy, profit-obsessed, and even corrupt. This portrayal couldn’t be further from the truth, and is insulting to honest Colorado criminal law attorneys.
This isn’t to say that there aren’t corrupt and underhanded defense lawyers out there—just like with any profession, there are bad apples. But the District Attorney’s office isn’t always full of white knights, either. Recently, former DA Myrl Serra pleaded guilty to sexual misconduct and extortion related to three women.
Though sentencing will not be until January, Serra faces up to twelve years in prison for his acts. Suddenly, he looks a bit more like one of the prosecution attorneys on the TV series Harry’s Law than he does a heroic ADA on Law and Order.
The point here is not to attack the district attorney’s office. Far from it; though the DA and criminal defense lawyers almost always find themselves on opposite sides of the battle lines, both sides perform an important function in our legal system, and both sides have to believe wholeheartedly in what they do in order to be effective at their job.
Defense attorneys are not villains, contrary to what much of the media might have us believe. The landscape is rarely that black and white; both defense attorneys and district attorneys fill important roles, and both are at times heroic. Sometimes, just sometimes, District Attorneys wrongfully convict innocent people, and sometimes defense attorneys save the life of an innocent who is wrongly accused.
Elderly Woman Pulls Gun on Kids
A 74-year-old wheelchair-bound Colorado woman has been formally charged with a felony after allegedly pulling a gun on a group of children…for drawing with chalk on someone else’s driveway. Joyce Bradmon claims that the gun in question was simply an unloaded pellet gun, a fact any good Colorado criminal defense attorney will be certain to bring up at trial, but it’s still a bizarre case.
The incident took place in August, when Bradmon brandished the gun at some children who were playing with chalk in a neighbor’s driveway. Interviews with other neighbors have seen accusations fly that claim Bradmon constantly monitors the children’s activity in the neighborhood, even taking photographs. The children, parents say, are terrorized by these activities.
Bradmon, who has no prior criminal record, has made disparaging remarks about those neighbors interviewed and says that none of it is true, though she admits having waved the unloaded pellet gun. Now facing felony charges, she could see up to three years in prison for the incident in question.
It really makes one wonder sometimes what kind of a world we live in, where a 74-year-old woman is brandishing guns—even unloaded pellet guns—at children why by all accounts are six and eleven years of age. But it also goes to show that criminal activity spans the range of age groups and goes far beyond economic and racial lines. It’s hard to imagine a senior citizen in her seventies needing to hire a criminal trial lawyer. Even still, here we are, and it’s happened right in our own back yard. Three years can be a long time for a 74-year-old; one would hope that, given the circumstances, some sort of mental evaluation would take place as part of the proceedings.
In any case, it certainly brings new meaning to, “You kids get off my lawn!”
But I Had No Idea She Was Going to Rob the Place!
53-year-old Norma Sisernos has been arrested and accused of robbing a bank with her 31-year-old daughter Tina Guerrero. Denver police say that the couple went into a bank in Westminster, where one of them claimed to have a bomb, and they proceeded to rob the bank. Now here’s the twist: Norma claims that she never knew her daughter was planning to rob the bank, and that she is essentially an innocent bystander in the whole affair. If ever there was a case where a person was in dire need of a really good and qualified Denver criminal law attorney, this is one for the books.
Siserno claims that she never actually went into the bank, and that she had been sitting in her car playing a solitaire game and waiting for her daughter to come out of a uniform store that was next door. She also says she had no idea that her daughter even went into the bank until police pulled her over and arrested her and her daughter.
She also claims that her daughter has a drug problem and has been banned from Siserno’s house due to past theft. Still, she says, she never thought that her troubled daughter would sink as low as to rob a bank. Now Siserno, too, faces charges of aggravated robbery with a deadly weapon, felony charges that could lead to a very long prison sentence.
It’s an unusual case, and whether or not her claims are valid, or at least valid enough for a criminal defense, are for the courts, the prosecutor, and her criminal law attorney to hash out. It won’t be the first time ignorance has been brought up as a defense; the jury will have to decide whether the claim is believable enough for an acquittal.
Throwing a Fit on a Plane: Not a Good Idea
An unruly man who caused a ruckus on a Los Angeles-bound plane that caused the aircraft to be diverted to Denver, now faces twenty years in prison. Authorities say that Varoujan Khodjamirian consumed several alcoholic drinks and became loud and disruptive, kicking the seats in front of him, shouting threats, and even striking a flight attendant. If anything is certain, in today’s society, Mr. Khodjamirian needs to acquire a good Colorado criminal defense attorney, and fast.
Airlines, trains and busses are places that people should not mess around these days. In the post-9/11 era, unprecedented security measures are in place in the United States, and even striking a bus driver is classified as a crime under the United States Patriot Act. Naturally, folks tend to be a little on edge regarding disturbances on aircraft, even ten years later. As a result of his acts, Mr. Khodjamirian is facing twenty years in federal prison, plus up to a quarter of a million dollars in fines. What he did is also a crime under the U.S. Patriot Act.
Now, does Mr. Khodjamirian deserve twenty years in prison and $250,000 in fines from being unruly and disruptive on an aircraft? Does he deserve it even for striking a flight attendant? We have in many cases gone overboard with these types of criminal charges, out of a desperate desire for security. Perhaps Khodjamirian’s criminal defense attorney well be able to put up a strong argument along these lines. While it’s understandable that we as a society are being extra careful after one of the most brutal attacks in our history, we also need to maintain a sense of perspective and ask ourselves if the punishment truly suits the crime. Remember also, our judicial system supposedly frowns on cruel and unusual punishment.
Medical Evidence is Critical to Colorado Assault Cases
Assault is not a victimless crime and, as such, can have many more variables that need considering before an accurate verdict can be rendered in any case. Assault cases involve a victim who has suffered bodily injury and the medical evidence that can prove or disprove that claim of injury is critical in an assault case.
Due to the fact that pain can be considered bodily injury, even when there are no physical signs of injury present, constructing an appropriate defense for an assault charge can be incredibly difficult. Having an experienced Colorado criminal defense attorney on your side to actively question evidence presented by the prosecution and to question the credibility of the witness statements is of great importance for a successful defense in an assault case.
If there were no other witnesses present at the time of the alleged assault you case can ultimately come down to a “he said, she said” battle that you will have a very difficult time winning if the prosecution is allowed to paint you as the aggressor. The lowest type of assault charge in Colorado can still carry a prison sentence of up to two years. Losing two years of your life to false or overblown accusations is very possible if you don’t have the right defense built by an experienced Colorado criminal defense attorney.
Your criminal defense attorney will be well aware of what is at stake and how dramatically your life will be affected if the prosecution can secure an assault conviction and will work hard to build the best possible defense for your case.
Colorado Prosecutors Upgrade Charge against CIA Contractor
The LA Times is reporting that prosecutors in Colorado are upgrading the disorderly conduct charge against a CIA contractor to include a second charge: one of felony assault. When 37-year-old Raymond Davis was arrested on October 1 after a parking space, the arrest was on misdemeanor charges of disorderly conduct and third degree assault. The upgrade in charges came after Davis’s first court appearance. Given Davis’s history prior to this incident, a good Colorado criminal defense attorney has an interesting tale to explore.
The incident in question was an argument over a parking place, which escalated into a fight when Davis allegedly “cussed out” the other party and allegedly hit him from behind when the man turned his back on Davis.
Before this incident, earlier this year, Davis was held in Pakistan for shooting and killing two men who he claimed tried to rob him. Though U.S. officials claimed that Davis had diplomatic immunity from prosecution due to his status as a CIA contractor, the Pakistani government held him until March of this year—three full months after his arrest. His release likely had something to do with the U.S. government paying 2.34 million dollars in restitution to the families of the victims—a Muslim tradition that the Pakistani government insisted be upheld.
Who knows what Davis went through during those three months?
Trials like this have all manner of twists and turns, and Colorado criminal defense attorneys watch with interest to see how these things play out. While it may not be the place of a Denver trial lawyer to speculate on the exact nature of Davis’s experiences in the Middle East, it does bring up an interesting element to ponder during his trial. Could Davis have reacted based on traumatic experiences from his time overseas?
Time will tell.
Colorado Closing Two Juvenile Facilities
Juvenile crime levels regarding crimes leading to incarceration have dropped to their lowest levels in Colorado since 1998, down 36% since 2006. This severe change in the apparent effectiveness of juvenile corrections has led to the state making the decision to close two of its juvenile facilities. While the state is citing better efforts to identify substance abuse and familial issues early, Colorado criminal defense attorneys point out that a push to reduce the number of offenders with minor offenses to locked facilities may have played a role.
In the end, the fact is that more kids are going to community-oriented programs instead of locked and secured juvenile facilities, and this has led directly to lower numbers of inmates at secured juvenile centers. Courts are looking more closely at the crimes being committed and deciding more carefully about appropriate corrective actions. Sending kids to juvenile lockdown isn’t the first or preferred option anymore.
One could argue that this is partly because criminal trial attorneys are better performing their jobs in recent years—the job of a criminal attorney isn’t only to see the client found not guilty. The job does not end with a guilty verdict.
The job of a Colorado criminal defense attorney is to defend the rights of their client, and this includes ensuring a fair and just punishment for a client found guilty of an accused offense. As the article points out, “Why would you put truants in [locked down facilities]?” Combined with increased efforts by social workers to identify problems early, the system is working.
In this case, the facilities being closed down will be converted into facilities serving other, badly needed purposes. One of them will be used for substance abuse treatment. Employees will be placed at other state institutions, so layoffs are expected to be minimal. All in all, a victory for the Colorado criminal justice system.
Man in Prison for Seventeen Years Sees Conviction Overturned
On September 30, a judge overturned the conviction of a man arrested for murder in 1994. Obie Anthony is tasting freedom for the first time in nearly two decades after information came to light that one of the key witnesses for the prosecution lied under oath, his testimony helping to damn Anthony to prison. Worse, the judge chastised the prosecution for not revealing that they had in fact made a deal with the witness—a pimp—to testify against Anthony in exchange for leniency. This case may have taken place in LA, but here in Denver, criminal attorneys can’t help but shake their heads.
Sometimes our legal system works, and sometimes it doesn’t. Anthony’s co-defendant Reggie Cole was freed several months ago, and reportedly cheered in the courtroom when Anthony’s release was ordered.
Whether this release was a victory for our criminal justice system remains to be seen; after all, the actual shooter from the 1994 killings outside of an LA brothel remains undiscovered as a result of this development. However, certainly it’s a victory for Anthony and his criminal defense attorneys. It also shows that even when it fails, our legal system can succeed.
It is perhaps tragic that Obie Anthony spent seventeen years in prison based on flawed testimony, but in the end, one hopes, justice has been served for Anthony and will eventually be served for the victims of the tragic shootings. Still the freeing of an innocent man—and let’s not forget, that everyone in our justice system is considered innocent until proven otherwise—must be considered as much of a victory for the legal system as the conviction of a guilty man. The criminal defense attorneys who filed appeal for Anthony and his co-defendant should be lauded for their success in demonstrating that sometimes a failure in the legal system can be rectified.
Eight Shootings Lead to Officer Training in Colorado
Noting a “disproportionately high number of officer-involved shootings” this year, Aurora Police Chief Dan Oates has ordered all officers to undergo specialized training. The order comes after the city’s eighth officer-related shooting of the year. As any Colorado criminal law attorney can tell you, the streets can be a dangerous place, but if officers don’t practice discretion in their actions and their willingness to use force, we end up with little more than sanctioned anarchy.
Denver trial lawyers spend a lot of time defending the rights of those accused of crimes, both legitimate and those of which the defendant is innocent. While there are a lot of bad people out there, it’s disturbing to think that police may be reaching for their guns first, before exhausting other options for bringing in suspects.
In our society it is imperative we remember one of the core tenets of our legal system: that a person accused of a crime is considered innocent, until proven guilty after a fair trial with representation by a qualified criminal attorney. When an officer reaches for a gun for any reason other than defense against an imminent threat to his own life, or the life of another, he sets himself up as judge and jury and may well be executing an innocent person.
This is not to accuse officers of specific misconduct; indeed, in the most recent incident, two officers only fired when a suspect pointed a weapon at them. It only means that resorting to deadly force should for any police officer be a last resort, and the new training ordered by Chief Oates seems to reinforce that idea. The use of nonlethal force by police officers is always a positive for society at large. It lets the courts and criminal attorneys do their jobs, and it gives the accused their day in court.
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.
Florida Man Charged With DUI Manslaughter
DUI and manslaughter charges often results in jail time for the offender. Each offense is a serious crime with equally serious consequences, although the penalties for DUI are significantly less harsh than those for manslaughter. Driving after consuming alcohol is never a wise move, even if you’ve only had a few drinks. A few drinks may be all it takes to impair your judgment and ability to safely drive.
One such driver in Orange City, Florida drove while intoxicated and ended up killing another motorist. The Daytona Beach News Journal recently reported that the suspect was speeding along an interstate highway when he rear-ended the victim’s vehicle, killing him. A blood test determined the suspect had a blood alcohol level nearly three times’ Florida’s legal limit. According to Highway Patrol, the suspect turned himself in upon learning there was a warrant out for his arrest. He was later released from jail after posting bail. At press time, he faced charges of DUI manslaughter and DUI bodily injury.
The suspect in this case most likely faces a long prison sentence for the manslaughter charges alone, because manslaughter is a felony. The length of his jail term will not only depend on how well his criminal defense attorney argues his case, but on whether or not he is a habitual DUI offender. Jail time is certain even without any previous convictions. The fact that he took responsibility for his actions and turned himself into the authorities will be taken under consideration, but it may have very little influence on a judge’s decision when it comes to sentencing.
Man Gets 15-Years for DUI Manslaughter
When you drink and drive, you risk your life and that of other motorists on the road. If someone is injured or killed as a result of your actions, it affects more than your civilian status. A family is left to suffer through the injury or grieve the loss of a loved one. The victim will have to deal with the trauma and memory of the accident for awhile, if not the rest of his or her life.
A 41-year-old man in Pinellas County, Florida will spend the next 15 years of his life behind bars, living with remorse for a decision that cost a 22-year-old man his life, and him his freedom. A recent St. Petersburg Times story reported that the suspect was charged with DUI manslaughter and was given the maximum sentence.
The suspect, who was married with a son, tearfully apologized to the victim’s family, saying that he never intended to hurt anyone. One night in August 2009, the suspect rear-ended the victim’s vehicle on an interstate highway, killing him instantly. He had a blood alcohol content level more than twice Florida’s legal limit.
The victim’s grandmother told the suspect in court that although her son would forgive him if he were still alive, she wasn’t yet ready to forgive him. The victims parent’s were too distraught to attend the sentencing. The presiding judge in the case handed down the maximum sentence primarily because of the victim’s previous DUI convictions.
A son will have to spend the next 15 years without his father in the home because of a tragic error in judgment–one that forced a mother to bury a beloved son. Drinking and driving is simply not worth the risk. The criminal defense attorney in this case undoubtedly tried his best to get a reduced sentence, but his client’s previous DUI convictions made him appear to the judge as someone who not yet learned his lesson and warranted a harsher punishment, which he received.
Man Get 10 Years for DUI Manslaughter
Driving under the influence (DUI) is illegal in all 50 states. DUI charges can mean heavy fines, jail time, loss of driving privileges and higher auto insurance premiums. Manslaughter is a felony in all 50 states, with stiffer fines and much longer jail sentences. Charges of both DUI and manslaughter is pretty much an automatic prison sentence, the length of which is determined by how well your criminal defense attorney does his job. A West Palm Beach man recently accepted a plea deal of a decade in prison for his role in a 2010 crash that killed a baby.
A recent Palm Beach Post News story reported that the suspect pleaded guilty to DUI manslaughter. He was speeding down a street in suburban West Palm Beach when he crashed into two cars that were stopped at an intersection. The impact of the crash pushed in the back seat of a minivan occupied by a woman, her 8-year-old son and 3-month-old baby daughter, who was in a car seat in the back seat. The baby was killed instantly. Her mother and brother were also seriously injured but recovered. A 2-year-old girl and man in the other car were also injured but recovered.
Witnesses stated that the suspect was driving 60 mph while appearing to be looking at the sky. After the crash, witnesses saw the suspect get of out his car and go back and forth between throwing up his hands and holding his head in his hands. His eyes were reportedly bloodshot, and he appeared to be high. The suspect then walked away from the scene but was later apprehended by authorities.
The suspect was sentenced to 10 years in jail and also ordered to pay restitution to the surviving victims, five years’ probation and surrender his license.
Blind Woman Charged With Reckless Driving
According to the National Federation of the Blind, a person is legally blind when they have 20/200 vision or less in the better eye with corrective lens. It is against the law to drive while legally blind, and a person who has been determined legally blind is denied a driver’s license or may lose his license once diagnosed.
A legally blind woman in Charlotte, North Carolina was recently arrested for reckless driving, according to FOX Charlotte News. On August 24, the woman had been punched in the eye during a domestic dispute. The blow caused a laceration to the eye, and the eye had swollen shut. Doctors diagnosed her as legally blind and advised her not to drive.
Later that night around midnight, the woman attempted to drive home from the hospital. She turned off her headlights in an attempt to slip past hospital security and ended up hitting a traffic gate. She was arrested and charged with reckless driving. She was later released on bond.
The criminal defense attorney who handles this case will likely examine the woman’s home life to see if there’s a pattern of domestic abuse that may have contributed to her actions. While what she did was reckless, it was not done out of malice. She simply wanted to go home. What’s not clear is why she couldn’t wait until she had medical clearance to be released and took matters into her own hands. Her defense attorney will insist of getting straight answers to this question if his client hopes to get her charges reduced or dismissed.
