Criminal Defense Legal Blog

If you live in the Pueblo, Colorado area and you have ever been charged with a criminal offense, you probably remember hearing the words, “You have the right to remain silent” and “You have the right to have an attorney present during questioning.”  While these words may not have seemed so comforting at the time of arrest, as a Pueblo criminal defense attorney, I highly recommend you learn as much about your rights as possible.

Your “Miranda rights” are just a few of the guaranteed rights afforded to all American citizens facing criminal charges.  You also have basic legal protections under the United States Constitution.  Any violation of these basic rights can be used as a basis for your defense, or for appealing a criminal conviction. 

Below is an overview of your Constitutional rights as a defendant:

When most people hear the term “insurance fraud” they think of indiscriminate and dishonest lawsuits for personal injuries.  Insurance fraud is so prevalent that it has become a secondary source of income for many Americans.  But there is a different kind of insurance fraud that many people haven’t heard about.  It is called health insurance fraud, and it is on the rise.

Anyone who has spent countless hours watching crime shows and legal dramas probably thinks they are an expert on Miranda rights.  While you do have the “right to remain silent” during an arrest, there are other guidelines that law enforcement must adhere to in order to legally place you under arrest.  If you have been charged with a criminal offense in Denver Colorado, a Denver criminal defense lawyer will look at the evidence leading up to your arrest, as well as the way you were arrested, to see if any laws were broken. 

Why is the way you were arrested so important in a criminal defense proceeding? 

As the nation struggles to recover from a deep and protracted recession, the financial fallout is being felt in many households across America.  After long period of unemployment, business failure, or credit-card overload, bankruptcy may seem like the only option.   Unfortunately, it is not only the truly desperate that seek protection from creditors; it is also a new breed of criminals.

If you are the defendant in a Colorado criminal case, you may have already started working with a Denver criminal defense lawyer, or another attorney in your hometown.  Hiring an experienced criminal defense lawyer is an important first step, but it is still important for you to know what you are looking for in an attorney.

Colorado criminal lawyers are an important part of the state’s legal system. In addition to offering legal assistance to their clients, they also serve as effective counselors to help their clients understand how Colorado criminal law is applied, and the best course of action for their situation.  Because your choice of the right Colorado criminal defense lawyer can make the difference between winning and losing your case, it is vitally important to choose the right lawyer.

An important part of any legal defense against a criminal charge is your attorney’s ability to evaluate the evidence.  Essentially, no matter how serious the charge you are facing, the prosecution’s case is only as good as the evidence they have against you.  A Denver criminal defense attorney can ensure that you are “innocent until proven guilty” in a criminal proceeding.  Of course, this is not to undermine the serious nature of a criminal charge, but rather to ensure that the evidence presented against you is obtained legally and not exaggerated.

Colorado Drunk Driving Laws

The laws relating to drunk driving in Colorado are placed in section 1301 of Article 4 of the Vehicle Regulation act. Unlike most other states, Colorado makes a distinction between different types of drunk driving. Specifically, it talks about Driving Under the Influence - also called DUI, and driving with ability impaired (DWAI). The law lays down the various definitions relating to each condition. We take a look at them below.

However, it must be kept in mind that this area of law is very complex and is fraught with severe implications if you're found guilty. You need to tread a precise path that will get you out of the mess and avoid jail time as well as a permanent blot on your records. That path is very narrow and you can't walk it without a Colorado Springs Accident Lawyer by your side.

Driving Under the Influence (DUI)

DUI is more serious than DWAI. It means that a person who is DUI has his or her ability significantly impaired and isn't able to control their physical movements or exercise the judgment that is required to drive a vehicle. A person can be under the influence of either alcohol or drugs or both. In the case of alcohol, if a person's Blood Alcohol Concentration (BAC) is above 0.08, they are presumed to be under the influence.

One important concept is the charge of "per se." A person can be charged with DUI based on his or her conduct while driving. A DUI "per se" charge depends solely on the BAC levels. According to Colorado law, a person can be charged with DUI as well as DUI per se at the same time. However, the sentences don't add up, but run concurrently.

Driving with Ability Impaired (DWAI)

DWAI is less severe that DUI and means that a person's ability to drive a vehicle is slightly impaired, but not as much as would be the case with DUI. As far as evidence goes, if a person's BAC is higher than 0.05 but lower than 0.08 (the threshhold for DUI), they can be charged for DWAI by that fact alone.

A person is assumed to be able to drive fine without any impairment if their BAC is below 0.05. However, a person under the age of 21 can still be slapped with a Class A traffic infraction if their BAC is between 0.02 and 0.05.

Hiring a Colorado Springs Accident Lawyer

There are many exceptions, loopholes and special sections in the law regarding drunk driving in Colorado. You need a person who can get you through the legal charges safely and help you avoid jail time and lifelong repercussions. Our Clawson & Clawson attorneys will take charge of your case and pull you out of your problems. Contact us now for a free initial consultation.

If you’ve been charged with sexual assault in the state of Colorado, you will find out very quickly how serious this offense can be.  A felony conviction for sexual assault will carry life-changing consequences, even if the prison sentence is short.  This is why it is so important to consult with an experienced Denver criminal defense attorney and learn your rights before attempting to defend yourself. 

Because sexual assault is a felony offense, it carries serious penalties, even for first-time offenders.  Anyone who has had more than one conviction will face significant prison time.  But in addition to felony charges, fines and jail time, a sexual assault conviction will also require mandatory registration with local authorities as a sex offender every 90 days for the remainder of the offender’s natural life.  In accordance with Megan’s Law, the local police departments are then required to give notice to the community of the presence of the sex offender. 

Colorado Springs speed laws can be quite confusing. We had taken a look at some of the speed limit laws last week and seen that there are many exemptions and special cases that you need to be aware of. Also, the speed limits depend on the type of road and the type of vehicle as well. Many people are confused however about whether or not there is a minimum speed limit in Colorado and if so, what that limit is.

Additionally, there are many times when one needs to drive at a lower speed. The Colorado Revised Statutes have taken this into consideration and crafted a set of rules that must be followed under such circumstances.

If you're in an accident that may have been caused by proceeding at a lower speed than what is allowed, be sure to contact a Colorado Springs personal injury attorney who will help you out in these matters.

Let's take a look at the details of the minimum speed limits in Colorado.

Basics of minimum speed limits

The primary rationale for minimum speed limits is to prevent the obstruction of traffic. Since this is a highly subjective consideration, the choice is left to the local authorities or the DoT to declare these limits depending on the specific area over which they have jurisdiction. Once they are declared, it's a class A traffic infraction to violate these limits - except of course when it's otherwise required by law or when it's unsafe to go any faster.

But the law also recognizes that even a conscientious person may have many reasons to slow down and has created guidelines regarding the course of action. Basically the rules boil down to a single imperative - drive as much to the right as possible until no more traffic is impeded by your slow speed. Another option is for the driver to pull up whenever he or she can until the traffic behind has passed by.

In some places, special lanes may be provided for traffic going uphill. Or there might be roadside turnouts. In either case, drivers going at a lower speed are obliged to use them to prevent any obstruction of traffic flow.

Contact your Colorado Springs Personal Injury attorney

There are many ways in which you can be badly caught in a lawsuit regarding an accident. To get out of it, you have to defend youself cogently by citing the proper refernces and case law. Our Clawson & Clawson attorneys can help you avoid a bad outcome and ensure that your rights are protected. Contact us now for a free initial consultation.