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September 2016 Archives

DUI / DWAI and Useful Public Service, C.R.S. 42-4-1301.4, in the Denver Area

Adams County Judges Add Useful Public Service to Every DUI / DWAI Sentence

DWAI-DUI-1.jpgAnyone convicted of Driving Under the Influence (DUI), or Driving While Ability Impaired (DWAI), C.R.S. 42-4-1301, in Adams County or in any County within Colorado may, as part of his or her sentence, be ordered to complete Useful Public Service (UPS). Useful public service is also referred to as Community Service and it involves taking your personal time to work for an approved not for profit organization free of charge. UPS is ordered by the court and is not optional. Also UPS costs money to do! Yes, the public service work requires a fee to supervise you and to pay for insurance in case you are injured or injure someone while working for free to pay your debt for a DUI / DWAI conviction.

Persistent Drunk Driver Denver Attorney - Definition of Persistent Drunk Driver in Colorado

Persistent-Drunk-Driver-3.jpgPersistent Drunk Driver Lawyer in Denver DUI Cases - Many Ways to Get This Label

We all think of a repeat drunk driver when we hear the words Persistent Drunk Driver in a Driving Under the Influence case. Surprisingly, you can get this label for your first DUI. While Persistent Drunk Driver can refer to repeat offenders, it can also be given by DMV (the Department of Motor Vehicles) when your blood alcohol level is .150 or more.

Minor in Possession of Alcohol or Marijuana - Denver County Attorney - Criminal Lawyers Defending MIP Charges in Colorado

MIP-Marijuana.jpgMIP - By Alcohol or Marijuana - A Lawyer Explains these Denver Charges

When a teen or minor possesses or consumes alcohol or marijuana in Denver County or any other part of Colorado, they will face criminal charges of Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person or Illegal Possession of Marijuana Paraphernalia by an Underage Person, C.R.S. 18-13-122. This is commonly called Minor in Possession.  A conviction of either of these offenses can lead to serious consequences for your juvenile. Don't wait to contact an attorney at the O'Malley Law Office if your child is facing criminal charges involving marijuana or alcohol possession or consumption. Call us today, so we can intervene before the damage grows.

Denver Criminal Defense Attorney - Why Hire One?

Criminal-Defense-Attorney.jpgCriminal Defense Lawyer in Jefferson County, Colorado - For Your Future

Many people wrestle with hiring a criminal defense attorney. They have a hard time deciding who to hire, whether to try and defend themselves, and trying to deal with all the collateral issues of being charged with a crime. Let's talk about each of these in an effort to better prepare you for the big decisions you must make.

Pro Se in a Colorado Criminal Case - What is Pro Se and Is a Defense Lawyer Better?

Pro-Se-Attorney.jpgDenver Pro Se Criminal Case or Hire a Defense Lawyer?

Pro se representation is the name given to a Denver criminal defendant who decides to represent them self or go without a lawyer in court. Generally, this occurs because a person cannot afford a lawyer or decides they don't want to work with a public defender who is too busy. Someone who represents themself in a criminal case is a prose defendant. Read more on Pro Se Record Sealing.

Vehicular Homicide Lawyer in Denver - DUI + the Death of Another

Vehicular-Homicide-Lawyer.jpgAdams County, Colorado Vehicular Homicide Lawyer

Driving a car, truck, or motorcycle in a reckless manner, when it results in the death of another, is Vehicular Homicide in Adams County. Another variation of this crime would be driving a motorcycle, car or truck when you are under the influence of alcohol or drugs, and another person dies. The person can be in your car, another car, or not in a car at all. The key is that a person dies and it is the result of your conduct, while under the influence. Here is the definition of Vehicular Homicide.

Denver Criminal Impersonation Attorney & Crime Definition

Impersonation.jpgColorado Criminal Impersonation Lawyer in Denver - Faking and Pretending on Important Matters

You and I can be arrested and charged with Criminal Impersonation in Denver if we pretend to be someone else or a fake person and we do things which impact others who trust us and what we say. Can you imagine the person who pretends to be another person and in the fictitious capacity marries someone? For example, a man might have a long criminal history of trying to swindle women out of their money, so he assumes a fake name and sweet talks a woman into marriage. She thinks she is marrying a true love when in fact he is a swindler. That would be a traumatic event for the new spouse. Since matters like this have great importance to others and can have a huge impact on them, the crime of Criminal Impersonation is a class 6 felony.

Forgery Attorney in Denver - Many Crimes Rolled Into One

Forgery-Fraud.jpgDenver Forgery Lawyer - A Broadly Defined Crime of Fakes

Faking it takes on new meaning the Colorado's Forgery statute, located at C.R.S. 18-5-102. In Denver, Forgery involves pretending to be someone else or making something which is not really real. The broad reach of this statute is scary. Felony and Misdemeanor crime is usually either first degree or second degree forgery. First degree will be serious as a class 5 felony. Second degree can only be punished up to 18 months in the Denver County Jail because it is a class 1 misdemeanor. The difference between first and second degree forgery is whether the pretend or counterfeit document is labeled as an official document.

Arson Charges Defense Attorney for Starting a Fire in Denver, Colorado

Arson.jpgArson Charges Lawyer in Boulder County Relate to Fire and Explosions - Big and Small

Fourth Degree Arson charges were filed recently against two men who were camping and allegedly failed to completely extinguish their fire. The campfire was later whipped by high winds and embers blown to nearby brush which ignited. The fire burned nearly 600 acres in Boulder County. This shows that felony charges can result from negligence related to fire - not just intentionally starting a fire. The biggest concern these men may face is millions of dollars of restitution for the losses caused by the fire.

Right to Remain Silent Criminal Lawyer in Denver and Douglas County

Right-Silent.jpgRight to Remain Silent Under the 5th Amendment in Colorado - Always a Good Idea

Your right to remain silent is guaranteed by the Fifth Amendment to the United States Constitution. Use it. Once you open your mouth, everything you say is admissible at trial. Of course, I have written on this for years, and still 80% of the people I meet with have talked to the police. Why do they do this? Because they struggle with the concept that police are their adversary. They think - AND SO DO YOU - that police will do the right thing and are looking for the truth. This is a fundamental error, which costs many men and women their freedom. No, it does not make you look guilty to be silent. It makes you look smart!  Read more on your Right to Remain Silent.

Mandatory Reporters for Child Abuse and Sexual Touching in Denver - Counselors and Therapists

Mandatory-Reporters.jpgMandatory Reporters: Counselors in Adams County and Therapists in Jefferson County

Colorado has a law which makes many licensed professionals Mandatory Reporters in Lakewood, Arvada, Golden and all of Jefferson County. This means that if you tell them anything which might mean a child was touched sexually or was in any way abused (even by an accident), they will turn you in to police and Social Services (DHS). Whether it is Child Abuse or not, your family will be impacted severely. Surprisingly, you could be charged with a felony or misdemeanor crime.

Disorderly Conduct - Denver Lawyer, C.R.S. 18-9-106

Disorderly-Conduct-Lawyer.jpgDisorderly Conduct: Criminal Offense in Arapahoe County or Free Speech?

There are many ways for a person to be accused of and charged with Disorderly Conduct, C.R.S. 18-9-106, in Denver or Arapahoe County or anywhere else in Colorado. It is a statue so broadly defined that it often collides with protected rights under the U.S. and Colorado Constitutions. For instance, subsection 1a of the Disorderly Conduct statute says it is a crime to "make a coarse and obvious offensive utterance, gesture, or display in a public place and the utterance, gesture or display tends to incite an immediate breach of the peace." As Americans and Coloradans we are granted protection surrounding our freedom of speech, but apparently when those freedoms incite a breach of the peace, it is illegal in the Denver Metropolitan area. This creates a real problem for police and prosecutors. How do they determine when the actions of a person are a protected right vs. a criminal act? Read the Complete Definition of Disorderly Conduct.

Cheap Denver Criminal Lawyer? Why the Dollar Tree Strategy is Unwise in Law

Cheap-Criminal-Lawyer.jpgWant an Affordable Attorney in Jefferson County? Call Us - Want a Cheap Lawyer? Call Them

Your life is on the line - really. You can lose your freedom, your job, your house and contact with the kids. So why would people seek a cheap lawyer in Jefferson County and shop price alone? Just like with doctors, there are incompetent lawyers who practice every area of law (poorly), meet you at a coffee shop or can't give you a straight answer to your questions. Cheapest does not mean the best. Find a balance between quality and cost.  More on Cheap Lawyers.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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