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

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Denver Criminal Defense Law Blog

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.

A better understanding of violent crime and its consequences

Being charged with a violent crime is serious and can carry significant penalties and serious consequences.

The Federal Bureau of Investigation's (FBI) reporting system for violent crime defines violent crime as criminal offenses that involve threat or force. The FBI's Uniform Crime Reporting (UCR) Program records four types of criminal offenses within the category of violent crime, including, aggravated assault, robbery, murder and non-negligent manslaughter and rape.

U.S Supreme Court may consider Denver DUI case

Familiarity with criminal law challenges to serious criminal charges is important for parties accused of committing any crime, including DUI. A Denver-area DUI case may go to the U.S. Supreme Court for consideration. Those prosecuting the case have requested that the Supreme Court hear it. They are hoping that the court will overturn the decisions of both a state judge and the Colorado Supreme Court. Those two courts found that a police officer was required to obtain a search warrant prior to ordering that blood be drawn from a party suspected of DUI.

The case originates from a traffic accident following which law enforcement authorities ordered a blood test of a man without a valid warrant and without his consent. The blood test from 2012 allegedly indicated that the man's blood alcohol content level was three times the legal limit. Depending on the outcome, and whether or not the case is heard by the court, circumstances could either be made easier for law enforcement authorities to obtain blood samples without a warrant issued by a judge or could declare that evidence obtained via a blood test without a warrant must be excluded from consideration against the accused party in any criminal proceeding.

DEA agent arrested in Colorado for domestic violence

Domestic violence can company in a variety of different forms and different faces. Recently, a Drug Enforcement Administration agent was arrested just south of the Denver area for domestic violence charges. The law enforcement officer also faces charges of criminal mischief. The 47-year old is accused of slashing a car tire. Though the DEA agent was charged with domestic violence, authorities did not release the identity of the party whose car tire was slashed or who the alleged victim is.

Sometimes we are reminded the domestic violence can take different forms. In addition to physical violence, which most associate with the term domestic violence, intimidation, threats, control and revenge may all be associated, and included within the definition, of domestic violence. Domestic violence can include physical, emotional, financial and sexual forms of abuse and can lead to criminal charges.

Understanding driving under the influence of drugs in Colorado

Any type of drug charge is a serious criminal charge which can threaten serious penalties. For many individuals in Colorado it may be important to understand that, although marijuana is legal, driving under the influence of marijuana is never legal and can lead to serious charges and penalties.

Driving under the influence of any drug, including marijuana and legal prescriptions, can lead to driving under the influence of drugs charges. It is important to note that while the drug may be legal, driving under the influence of the drug remains illegal. The Colorado Department of Transportation reports that drugged driving, including marijuana-drug driving, is a contributing factor to fatal car accidents in Colorado.

What are protective orders for domestic violence?

Because protective orders commonly arise in the context of domestic violence situations, both victims of domestic violence and those accused of domestic violence may wonder what protective orders are. In Colorado, a protective order, or restraining order, is a legal tool used to protect one individual from the harmful actions of another. Protective orders can be used to protect against physical harm and threats.

Protective orders commonly restrict the harmful actions of one individual against another and prevent one individual from approaching another. Because an individual may also have a protective order placed against them concerning their children, it is important for those accused of domestic violence to understand protective orders. Protective orders also remove the accused individual from the home and require the accused party to remain a certain distance from the home, workplace and public places commonly frequented by the party awarded the protective order.

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