Greg D. Rawlings, P.C. - Denver Criminal Defense Attorney

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Denver Criminal Defense Law Blog

Criminal accusations can haunt accused individuals

A criminal arrest is a significant event in any individual's life. In addition, the impact of a criminal arrest can be long-lasting. An increased focus on policing and enforcement in recent decades has led to arrests for even minor offenses.

The total number of individuals in the FBI's master criminal database is estimated to be 77.7 million. As a result, nearly one out of every three adults in the United States is in the Federal Bureau of Investigation's master database. To add to that number, 10,000 to 12,000 individuals are added daily. At the same time, only half of the FBI's arrest records contain information that is completely up-to-date.

Drug manufacturing charges require a strong defense

It can be important to be familiar with the impacts of changes to marijuana laws. In Colorado, it is legal to grow marijuana, however, the amount that is grown must comply with legal limits. Accusations of large-scale drug growth or drug manufacturing activity outside of legal limits can draw serious consequences.

Drug growth and manufacturing accusations and charges can have significant financial consequences and threaten an accused individual's future.

Better understanding the different forms of domestic violence

Because of the serious impacts of, and consequences associated with, domestic violence, it can be helpful for individuals and families to be aware of the different types of domestic violence. Domestic violence can devastate families and result in criminal charges as well. There is a significant range of behaviors that can be considered domestic violence, including physical violence and coercion. Perhaps domestic violence is most commonly associated with physical violence but can include other forms of abuse, such as emotional abuse, as well.

Domestic violence includes physical harm, sexual violence and harm, psychological harm, emotional harm and economic abuse and harm. Physical harm can include a number of forms of unwanted and harmful physical contact and may also involve a weapon. Physical harm may or may not require medical attention. Sexual violence and harm can include physically violent sexual behavior or demeaning sexual behaviors.

Can breath tests be relied upon?

Breath tests are an important part of drunk driving charges and accusations. Because drunk driving charges can result in serious consequences and penalties, it is important to understand the various criminal defense options that may be available to individuals facing DUI charges. One type of challenge may be to the evidence, including blood alcohol content level (BAC), allegedly against the accused individual which can commonly include breath tests.

In general, breath tests are not considered exceptionally reliable. It has been noted that in circumstances when reliability is important, such as in the legal context, breath tests should not be relied upon. Research reveals that breath tests vary 15 percent from actual blood alcohol content levels. This is largely because breath tests, unlike blood tests, only measure BAC indirectly. Breath test machines may sometimes need to be adjusted to ensure accuracy and must also be properly maintained, recalibrated as necessary and administered properly.

Local political hopeful faces domestic violence charges

Knowing how to respond to domestic violence accusations and charges, when faced with them, can be important to any accused individual. A local political hopeful was recently arrested on charges of assault and violating a protective order. The mayoral hopeful was also recently arrested for domestic violence menacing, and other charges, related to accusations she pointed a rifle at a man, as well as for other criminal accusations. The woman has an alleged history of domestic violence.

During the most recent alleged incident, the 48-year old woman allegedly had a verbal altercation with her common-law husband in the couple's home which she had previously been ordered to remain away from. The woman is accused of throwing multiple items at her common-law husband and causing a minor injury to his hand which did not require medical attention. The woman was charged with second degree assault and violation of a mandatory protection order following the most recent alleged incident.

What are the consequences of refusing a breath test in Colorado?

Driving under the influence charges may bring individuals that have not had prior contact with the criminal justice system into contact with it. Because of this, you may have a variety of question concerning what happens if you or a loved one is pulled over for a DUI. Questions may include, among others, what the consequences are for refusing to submit to a breath test.

Because Colorado has an expressed consent law, drivers in Colorado consent to a chemical test to determine intoxication in circumstances when a police officer possesses reasonable grounds to believe the driver is driving under the influence of either alcohol or drugs and that the driver's ability to drive is impaired. Drivers who fail to submit to a required breath test in Colorado will be labeled persistent drunk drivers. The designation of Persistent Drunk Driver in Colorado can carry additional penalties, including required installation of an ignition interlock device.

A look at search and seizure protections for criminal defense

As part of the criminal justice system, individuals accused of crimes enjoy important protections that must not be violated. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The protections provided in the Fourth Amendment can be important to a successful criminal defense strategy and may be used, based on the circumstances, to defend against criminal charges such as drug charges.

When determining if a search is reasonable or unreasonable, the court will weigh the intrusion against the accused individual's Fourth Amendment rights against legitimate government interests, including preservation of public safety. States may establish more stringent search and seizure requirements but must not provide lesser protections than those provided in the Fourth Amendment.

Jail deputy in Denver charged with domestic violence

Domestic violence can impact a variety of different people which is why it is important to understand its legal implications. Recently in the Denver area, a jail deputy was arrested following an alleged domestic dispute. The arrest of the jail deputy for domestic violence harassment and assault followed an alleged domestic violence incident between the woman and her wife.

The jail deputy's wife told authorities that an argument concerning lost keys escalated into a physical altercation. According to reports, the jail deputy punched her wife in the arm pushed her into a wall and punched her twice in the face. The jail deputy also allegedly sent threatening cell phone text messages warning the woman not to contact police or the "children would be taken from her." Children were not present at the time of the alleged incident and the jail deputy stated the argument was only verbal in nature.

What different penalties are possible following a DUI?

Penalties for a DUI in Colorado are divided into two categories including criminal and administrative penalties. Both types of penalties can be harsh and criminal and administrative penalties for a DUI, combined with potential personal consequences that can impact work, education, firearm ownership and other aspects of an accused individual's life, can have a significant long-standing impact on an accused party.

Criminal penalties are different than administrative penalties and can include incarceration, fines and public service. Administrative penalties can include suspension or revocation of the accused party's driver's license and additional penalties as well.

What options are available if I am facing drug charges?

The goals of a criminal defense strategy may be different depending on the specific circumstances the accused party is facing. The party accused of a crime may wonder what possible options and outcomes are available when trepidatiously facing the seriousness of drug charges. You may have been charged with drug crime and may have heard of drug court and wonder what it is. You may also wonder what options are available to you if you are facing drug charges.

The development of a defense strategy in response to criminal charges is unique to each situation. Criminal defense options are designed to protect individuals from police abuses and procedural abuses, among other concerns. Each individual charged with a crime has the right to present a defense to the charges they are facing. Because of the seriousness of the potential penalties associated with drug charges, defense options are important.

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