Archive for category criminal defense attorney denver
Car Accidents Caused by Tire or Brake Failure
Posted by denverheat in Colorado personal injury attorney, Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, criminal defense attorney denver, denver accident lawyer, denver divorce lawyer, denver injury lawyer, denver law firm, find a denver law firm, hiring a denver dui attorney, motorcycle injury lawyer on August 22nd, 2010
Accidents Caused by Brake Failure Could be an Intentional Tort
Motor vehicles are some of the most dangerous things out there. Death by motor vehicle is one of the most common forms of death in the industrialized world. Common causes for car accidents are people just spend so much time in vehicles, but also include those who break the law and have poor maintenance.
Cars, trucks and motorcycles share one thing in common when it comes to a Denver car accident. All have all of their weight supported by tires. When you think that only a small portion of the tire is in contact with the ground at all times it will not surprise you to find that over a quarter of all Denver motorcycle accidents come from problems with tires or brakes. If you have been injured in a car crash or motorcycle accident that was a result of damaged or improperly maintained tires, you may have legal recourse to sue.
There could be several different parties that were responsible for the brakes or tires. If you had an injury from a car crash involving failed brakes or tires, the negligent parties could include the driver, brake manufacturer, the mechanic, or the employer of the driver. If it was a truck accident, the trucking company might be liable for and personal injury in Denver.
Because there could be multiple liable parties, each one will probably try to shift blame and get another company’s insurance to pay for the accident. However it is possible to sue multiple parties and it is possible that several people were to blame for the accident. If you are suing multiple people it might be prudent to hire a Denver injury attorney to avoid being caught in the run-around.
If the brake manufacturer was at fault, you have a good chance of being awarded a settlement because of strict laws regarding braking systems. Truck brakes especially are regulated by the federal government to have a certain braking power. If the brakes on the car that hit you does not meet these standards you could claim the manufacturer did not design the brakes well or that there was a manufacturing defect. These kinds of cases fall more under product liability than personal injury.
If the trucking company failed to provide regular maintenance on the brakes you could sue. Some truckers even de-power the front brakes on purpose to reduce the cost of brake replacement. It seems crazy but some truckers would rather use the trailer brakes and the transmission to slow down. Choosing a dangerous thing like unhooking the brakes just for a little cost savings might actually result in an intentional tort instead of a personal injury negligence case. If this happened you could sue both the driver and the trucking company that allowed this to happen.
Defenses in Personal Injury Law
Posted by denverheat in Denver Attorney, Denver personal injury lawyer, criminal defense attorney denver, denver accident lawyer, denver law firm, personal injury, personal injury attorney on June 1st, 2010
Personal injury is an area of law with potentially huge sums awarded. A permanently debilitating injury will change a person’s life forever, and that means a liable party must pay for those changes. Whether you have been injured and need to know the possible defenses to your case, or you are building a defense yourself, here are some common things the defense will bring up.
Personal injury defenses usually focus on the plaintiff’s role in the injury, and their inaction afterward.
Who is Liable in a Car Accident?
The first, and most common defense based on the plaintiff’s actions before the action is that the plaintiff was the one responsible. Whether you choose to settle the case before it goes to court, or you try and go to court with a Denver personal injury attorney, the compensation awarded is likely to be effected if the plaintiff is proven to have any fault in the incident. In some cases where the activity involved was obviously dangerous, a court may rule you assumed the risk and therefore have no claim. Some examples where an injury would be considered an assumed risk are auto racing and skydiving. Contact sports are also usually exempt, as long as the injury occurred during what would have been considered a normal phase of the game. A light pole falling on a player is therefore not an assumed risk, and the stadium owner would be liable.
Your state may follow comparative negligence or contributory negligence law. In comparative negligence, the court uses a formula to determine the percentage of fault in the accident. So if the plaintiff was found to be 40% at fault, they will only recover 60% of the damages caused, or 100-40%. So if you were involved in a motorcycle accident on 1-25 in Denver and the total damage suffered was found to be $30,000, you would end up with only $18,000. If you believe you were partially at fault, and the amount of money at stake is large, it is imperative that you contact a Denver accident lawyer to help you argue your side. Most states use this system, but they may use pure comparative negligence, which allows the the plaintiff to recover damages even if they were 99% at fault, while the modified system caps the compensation at 50% at fault. In other words, in the modified comparative negligence system, plaintiffs must be less at fault than defendants to receive an award.
Luckily for plaintiffs, Colorado is not a contributory negligence state. In contributory negligence states, if the injured party is at all at fault, they cannot recover any damages. Since Colorado does not follow contributory law, your Denver injury lawyer will still have a chance to recover some damages even if you were partially at fault.
There are a few other ways to get out of personal injury lawsuits because of plaintiff actions afterwards that are not actually defenses. Waiting beyond the statue of limitations makes lawsuits invalid. Also not clearly linking each claim of cause and effect from the defendant’s action (or inaction) to your injury will make the argument groundless. In other words, you must prove the defendant had a duty to repair a bridge, and their failure to repair the bridge caused it to collapse, injuring your hand. Just saying they owned the bridge and your hand got injured during the collapse does not go far enough. If the plaintiff did not do a good job repairing damages, the defendant may not have to pay for the consequences of inaction.
Selecting Your Criminal Defense Lawyer in Denver
Posted by hawkeye11 in Criminal Attorney, Denver Attorney, Firing your Attorney, criminal defense attorney denver on December 11th, 2009
When it comes to courtrooms, there is nothing more enthralling than the battle between the prosecutor and the Denver criminal defense lawyer. In fact, this duel has become so interesting that plots of books, television shows, and even video games have revolved around these people. Now the characters Atticus Finch (from To Kill a Mocking Bird), Perry Mason (from the novels and TV show by Erle Stanly Gardner) and Phoenix Wright (from the video game) have entered into the people’s consciousness.
Unfortunately, sometimes reality can catch up with people, and the criminal defense lawyers are not just left into the pages of fiction but have to become players in the real world. Once you get accused of a crime, especially one that you truly did not commit, you would want to immediately search for the best defense lawyer in Denver who cannot only handle your case but has a good chance of winning it too. These Denver lawyers would be able to defend you and represent you well in court.
Of course, finding a good Denver criminal attorney is not as easy as it seems on TV, books, or video games. There are many qualifications that you must study in order to find the best lawyer that could fit your needs. Here are some ways for you to be able to select a good lawyer.
The first thing that you should do before selecting a criminal defense lawyer would be to check the background of the Denver attorney. You could look if he really passed the bar for the state where he is practicing his law, his success rate in the cases that he or she has handled, and perhaps even check if he had already handled cases that are very similar to the one that you are facing now. The best step would be to ask appropriate questions. You could begin to ask how long he or she has been practicing law, the cases that he or she has handled, and perhaps even how much the attorney charges for the cases that they take.
Another thing to look at would be the specialty of the Denver lawyer. Some lawyers are able to specialize in a certain crime or case such as traffic or DUI, petty crimes, or even murder. It would always be a good idea to select a Denver lawyer that has been highly successful in the area of law that your case is in.
An underrated aspect when picking a criminal defense lawyer is to check how comfortable you are with him handling your case. Does the lawyer appear to be someone who is trustworthy and would handle your case well? You could also check if he responds well to your queries, returns your phone calls, and gives you timely updates about your case.
These are just some steps in selecting the best Denver criminal attorney for you. Of course, one can only hope that they would be able to live lives that would not have to resort to their services in the future!
How to Hire the best Denver Criminal Attorney
Posted by hawkeye11 in Criminal Attorney, Denver Attorney, criminal defense attorney denver on October 26th, 2009
Have you recently been arrested for a crime in Colorado? If so, you should immediately contact a Denver criminal defense attorney as soon as possible. With the assistance of an attorney, specifically one who deals in criminal defense law, there is a strong chance your case can be dismissed, jail time reduced, probation granted, a monetary fine, or in some instances, no need to even go to court.
Don’t panic. Everyday people find themselves in these situations. The smart thing to do is hire a Denver criminal attorney and then proceed from there. It is in your best interest to seek out representation that understands the inner workings of the law and will be on your side to fight for you. Without legal counsel, you can find yourself in way over your head with little to no chance of successfully fighting the charges against you.
A Denver criminal attorney will defend you no matter what type of legal situation you find yourself in. They will work with you in cases involving minor civil lawsuits up to major felony accusations. Your attorney has one goal in representing you and that is to provide the best possible defense. They are not satisfied unless you are found not guilty or receive minimal jail time.
The strategy your criminal defense attorney draws up is the most important aspect of your defense. It usually involves interviewing any witnesses and obtaining copies of crime scene videos. They will interview and question both witnesses for the prosecution and the defense to ensure they are not lying. A Denver criminal lawyer can also work to negotiate any beneficial deals such as plea arrangements, requests for probation, or even reduced charges.
The job of your criminal lawyer is to create just enough doubt within the minds of the jury and judge so that they cannot without a doubt convict you of the crime. During the trial, your attorney will tell your side of the story, which will hopefully evince feelings of understanding or empathy from the jury. A Denver criminal defense lawyer also interviews experts and other witnesses in order to give the jury some more insight on whether or not you could have committed the crime.
Being arrested for a crime is not the end of the world, but knowing you have a Denver attorney working on your behalf often is the difference between freedom and a lengthy jail sentence. Do yourself a favor and get someone on your side that has experience and a proven track record.
Discussing Plea Bargaining with Your Denver Criminal Lawyer
Posted by bulldzr in Criminal Attorney, criminal defense attorney denver on September 3rd, 2009
Once you are facing a serious criminal charge, the situation might force you to be pragmatic as to the options that you are willing to take in consideration of the circumstances surrounding your case. Although your Denver criminal attorney will primarily explore all legal remedies to get an acquittal, the situation may require you to consider another fall back position. At this juncture, you will have to consult and discuss seriously with your Denver criminal attorney the possibility of plea bargain to get a lighter penalty. There are many instances where the defendant agrees to a plea bargain with the prosecution and settle for a lighter sentence.
Plea bargaining is the legal act where the defendant enters into an agreement with the prosecution and the former agrees to plead guilty to a lesser offense in exchange for the dropping of charges for the more serious criminal offense. For instance, a defendant may agree to plead guilty to a misdemeanor instead of the felony offense which normally carries a heavier penalty. By agreeing to a plea bargain you will be sentenced to a 12 year imprisonment instead of the 20 years minimum sentence of the more serious felony offense.
There are several things that you have to take into account before one can enter into a plea bargaining agreement with the prosecution. You should also get a clear and direct explanation from your criminal defense lawyer in order to ascertain whether the result of the plea bargain is desirable or not. The decision whether to enter into a plea bargaining agreement will be influenced by the assessment of the position of both parties as far as the criminal case is concerned. Both the respondent and prosecution will have to weigh their chances and finally make a decision whether to proceed to a full blown court proceeding or just work for a plea bargaining agreement.
On the other hand, public pressure may also enter into the decision parameter and the prosecution may rule out any plea bargain agreement owing to the strong public interest to a particular case. The criminal defense lawyer will also have to seriously consider the desire of the defendant to go for a full blown trial and impress upon him the worst case scenario if faced with a conviction.
The significant gain of the defendant when he agrees to a plea bargain offer is that it eliminates the potential risk of a conviction for a serious offense. The society by and large also benefits from the plea bargaining agreement as it lessens the load of the court and allows the prosecutors to handle other cases.
The major downside of the plea bargain is for an innocent defendant being pressured to take a plea bargain agreement in order to avoid conviction for a serious felony charge. In some instances, prosecutors and criminal lawyers alike observe that plea bargaining has bred inefficiencies and incompetence within the ranks of the police authorities while attorneys do not take much of their time reviewing the case in the expectation of working for a plea bargain. Many now rely on plea bargaining as their preferred route in handling a case and the issue of seeing justice is served becomes inconsequential to them.
Advantages of Hiring Local Attorneys for Your Criminal Case
Posted by bulldzr in Criminal Attorney, criminal defense attorney denver on September 3rd, 2009
We all need a helping hand from time to time. But when you are charged with a serious criminal offense, that hand of help should come from a capable Denver criminal attorney. After all, that hand holds your fate-whether you’ll be acquitted or convicted of the crime charged against you.
The primary task of a criminal defense attorney is to guide you through the legal proceedings of your case. If you are charged with a crime in Denver or in the state of Colorado, your best choice for an attorney is a criminal defense attorney in Denver. Local attorneys will serve you better as they are familiar with the state’s laws and it’s court system and proceedings. A local criminal attorney will also be familiar with the state prosecutors and judges and rulings. Hence, he or she can anticipate any latent issues that may be brought up in the trial. He or she could also tell you the effects a legal procedure would have on your case.
A Denver criminal attorney should also exhibit an expertise and experience in handling the defense. Look into their experience by comparing the number of cases they have tried and settled, and the number of cases they have tried and won.
In addition, when choosing a capable criminal attorney, make sure that you choose an attorney that specializes in cases similar to yours. Criminal attorneys in Denver can cover criminal cases involving murder, assaults, sexual offense, domestic violence, kidnapping, robbery, drug offense, traffic violations, DUI, and vehicular manslaughter.
A capable criminal defense attorney should be able to identify your rights, explain to you the charges filed against you, what does it entail, what are its implications, what does the prosecution need to prove, and how can evidence be used against you. He or she should also tell you what to expect should you settle or push for a trial.
Never trust an attorney that promises an acquittal or victory right at the beginning. The justice system is complex; no one can ever predict the precise outcome at all times.
Make sure that your criminal defense attorney provides a complete coverage of your legal needs. He or she should cover the details of your arrest, posting bails, contacts with the police and prosecutors, as well as the coverage of any criminal charge. Make sure that you receive a guarantee of trial preparation. Some criminal defense attorneys would represent their clients during negotiations for plea bargains and settlements, but refuse to represent them in court. A good criminal defense attorney should follow you through the entire legal process.
You Need to Hire a Criminal Defense Attorney
Posted by hantge11 in Criminal Attorney, criminal defense attorney denver on June 18th, 2009
At a criminal defense trial, the accused person does not have to prove anything; the entire burden of proof is on the prosecutor. The prosecution must show that, based on all the evidence, the defendant’s guilt is established beyond a reasonable doubt.
If there is any reasonable doubt that a criminal defendant did not commit the crime with which he or she has been charged, then the verdict must be “not guilty.” Note that giving a verdict of “not guilty” is not the same as stating that the defendant is innocent; it merely means that not enough evidence was properly presented to the court to prove guilt beyond all reasonable doubt.
Courts have complex rules about what types of evidence may be presented and how the evidence may be brought out in criminal cases, especially in jury trials. These rules are designed to ensure that evidence presented at trials is relevant, reliable and not prejudicial against the defendant. If you are a defendant in a criminal case, you need a Denver Attorney to interpret these rules, and to ensure that they are enforced.
(Source: “West’s Legal Environment of Business,” Fourth Edition)
Criminal Defense Attorneys – Why You Need One
Posted by hantge11 in Criminal Attorney, criminal defense attorney denver on June 18th, 2009
Criminal law brings the force of the state, with all of its resources, to bear against the individual. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of power on the part of the government. The U.S. Constitution provides specific safeguards for those accused of crimes. The United States Supreme Court has ruled that most of these safeguards apply not only in federal but also in state courts by virtue of the due process clause of the Fourteenth Amendment. These safeguards include the following:
Remember that in a criminal case, jail and/or prison sentences are a distinct possibility. You need an expert criminal defense attorney to help interpret and enforce your rights.
(Source: “West’s Legal Environment of Business,” Fourth Edition)
Finding a Denver Criminal Defense Attorney
Posted by bulldzr in Criminal Attorney, DUI defense Attorney, Denver Attorney, Denver DUI attorney, Englewood DUI Lawyer, criminal defense attorney denver on May 5th, 2009
By: Cade Lee
It never ceases to amaze me how many criminal cases in Denver go to a plea bargain without an attorney. In the end usually I hear from a defendant just how unhappy they are with the process and the disposition of the case. Of course hiring an attorney was not an option because of the cost associated with hiring an attorney or lawyer, and usually I hear about their previous experience which wasn’t a positive one. I think we have all hired an attorney or legal professional that just didn’t seem to give the services they charged for, and that is exactly why I am writing this post. Solid legal counsel is going to cost money; there is no way around that. Having excellent representation is worth more than handling negotiations with a District Attorney yourself; I have seen this first hand, over and over again. So with that being said, how do you locate that Denver attorney or Denver lawyer that is going to both fit your budget and give you the representation that you deserve?
First, start off with the consultation. It seems to me that most people will attend one consultation and then either hire that lawyer or not hire a lawyer at all. What I have found is that attending three or maybe even four consultations is the best way to make a decision as to whether or not you will need an attorney. I have never recommended that someone not hire an attorney, but there are those rare cases where just handling the case yourself probably makes better sense. For example a simple traffic violation versus a criminal charge like domestic violence, in the case of the traffic violation, this might be a case where I would negotiate with the Denver District Attorney myself. I know you are saying, “All this goes without saying, doesn’t it?” Yes it does, but I want to make certain that I am clear.
For serious charges, it is rare that a defendant does not benefit from consulting with a Denver Criminal Defense Attorney. Your Denver Criminal Defense Lawyer should be able to identify important pretrial issues and explain it to you in a way that you are never out of the loop. If you feel that your attorney is proceeding without explaining the entire process to you, then it is probably time for you to find a different attorney or stop the process and make certain you are completely informed. This is why the consultation process was so important to begin with. It is never okay for you to just go with an attorney because you feel like they know what they are doing; make absolute certain that you know their experience is going to be a benefit to you. Seems to make sense while you read this, but how many times have you allowed an attorney in Denver to file a motion on your behalf without reading the motion? When you read the motion did you understand it? If you did not understand the motion, did you tell the attorney to go ahead with the motion? Make sure you ask the simple questions and understand the ramifications of your case entirely, this will prevent future disappointment. It seems that whenever I hear a defendant complaining about their attorney or lawyer, they explain that the attorney never explained the sentence to them all the way or, “I never agreed to serve four years probation but that is what I received.” Had they taken the time to understand their case and just throw it in the hands of their attorney they probably would have known about their sentence and they would not be surprised with the outcome.
Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial, make certain that you nail the fees down in the beginning. I have had many experiences where attorneys have gone crazy with the retainer and it was spent in a matter of weeks. I am not suggesting that you constantly negotiate with your attorney about their fees; a good attorney is going to be expensive. I am suggesting that you not pay more than you have to. Find out what the retainer is going to cover and if that retainer is expected to take your case through trial. It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with necessary funds to pay their lawyers to proceed with a trial. It is your responsibility to find out how much your case is going to cost. I can already hear your attorney giving you the most common, “Well, it really depends on whether or not we go to trial, if we go to trial would there be an appeal?” When I can’t seem to get a straight answer from the attorney I move on to the next, it is not unreasonable to hear an estimate of what it will cost. Of course a good attorney will inform you that they are uncertain because they do not want to be held accountable should your case cost more than originally anticipated which is completely reasonable. All we are looking for here is an estimate so that we can be prepared to go to trial if we need to.
In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:
-
Referrals – If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are
worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don’t want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denverthat you trust, than this would absolutely be an excellent place to start for a solid referral.
- Courtroom Observation – Before you discount this one, stop and think. Doesn’t it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.
- Directories – There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, “We went with the first attorney we met with, he/she seemed capable”. Don’t get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don’t get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision. No matter what happens you will need to deal with the consequences of the case.
This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.
-
-
You are currently browsing the archives for the criminal defense attorney denver category.
