Three of the most common crimes brought to Boulder attorneys are trespassing, possession of open alcohol containers, and fighting or threatening others. While those charged with these offenses are typically youths and young adults, many older adults are also arrested or charged with them as well.

Below is more information about what constitutes an offense in these three areas, and the best steps to take if you or a loved one is charged with a crime in Colorado. If you are charged with these or a different offense, contact a Boulder criminal defense attorney immediately. Boulder lawyer Phil Clark can provide you with expert counsel on what your options are and a skilled and knowledgeable defense. Contact his Boulder law firm now for advice you can trust.

Trespassing: Though typically a common misdemeanor offense, trespassing can also be charged as a felony in some cases. One of the most common trespassing charges results when a customer is asked to leave a nightclub, bar, or other establishment, and then tries to re-enter. It is not uncommon for a trespass charge to be accompanied by a charge of disorderly conduct or resisting without violence.

Open alcohol containers: It is illegal to possess an open alcohol container in public, except upon premises licensed for consumption of the liquor or beverage involved. The public includes areas such as any public highway, street, alley, walk, parking lot, building, park, or other public property or place. This stands whether you are in a vehicle or not and upon those portions of any private property upon which the public has an expressed or implied license to enter or remain. This can be confusing in some instances—i.e. if you are drinking on an outdoor patio, or in your parked car in another person’s driveway. Make sure you are clear on relevant laws concerning your location.

Fighting or threatening others: This is a common offense that is often linked to drinking or intoxication by one or both parties involved. When you recklessly or intentionally cause injury or pain to another person, it is defined as assault (if bodily injury is caused, you can be charged with Third Degree Assault). When you fight with another person in a public place you may be charged with Brawling. You can be charged with Physical Harassment if you strike, shove, kick, or touch someone with the intent to harass or annoy. Threatening another person or giving them cause to fear bodily injury can result in a charge of Threatening Bodily Injury, and insulting, taunting, or challenging another in a manner likely to provoke a disorderly response puts you in a position to be charged with Use of Fighting Words.

Being convicted of any of the above offenses can damage your assets as well as your future career and reputation. If you or a loved one has been charged with any of the above, contact Boulder attorney Phil Clark immediately for caring and knowledgeable counsel on your options.

For more information on a Boulder DUI lawyer or Colorado marijuana defense attorney, or to schedule a free consultation with a Boulder attorney, call the law offices of Phil Clark at 303.444.4251. Act quickly to protect your reputation and your future.

With the advent of increasingly advanced technology, a growing number of people have been charged with computer crime. As technology becomes an even more important factor in our daily lives, it’s important to clearly understand what constitutes computer crime and what you should do if charged with this offense. As a Boulder criminal attorney with years of experience in prosecution as well as defense, Phil Clark can help you explore your options if charged with this or a different offense.

Computer crime is defined as the use of a computer to take or alter data, or to gain unlawful use of computers or services, while hacking is the deliberate and unauthorized access, use, disclosure, and/or taking of electronic data on a computer.

Computer crime offenses include:

-Website fraud
-Identity theft
-Federal Internet drug charges
-Operations of an unlicensed Internet pharmacy
-Soliciting for prostitution over the Internet
-Chat room solicitation of a minor
-Illegal phishing
-Child pornography and Internet sex crimes

It’s best if you keep from answering any questions from law enforcement officials until you have contacted a criminal defense attorney for counsel. A skilled and experienced attorney can inform you of the most recent legislation concerning computer crime, and give you the advice you need to make the best decisions while interacting with police.

If you have been charged or suspect you may be charged with any of the above offenses, contact a criminal defense lawyer immediately. Our offices can provide you with knowledgeable and caring counsel on what steps to take next. In recent years, sentencing for computer crime has become harsher—you need an attorney with the ability to protect your assets and your future.

The wide selection of Boulder attorneys may make your choice seem daunting. Contact Phil Clark at (303) 444-4251 for a free consultation from a criminal lawyer in Boulder, Colorado. For more information on this charge, or for a Colorado marijuana defense attorney or DUI attorney in Boulder, Colorado, got to www.philclarklaw.com.

A common legal misunderstanding is what construes obstruction of a peace officer. This is a common charge and can be very broadly defined by the law, and as a result you need to understand what actions constitute this offense and what defenses are available. You should contact a Boulder criminal defense attorney as soon as you suspect you make be charged with obstructing a peace officer to discuss your options and make sure you have a strong defense. Though there are many Boulder law firms, contact the law offices of Phil Clark for a Boulder lawyer who will serve as a knowledgeable and experienced advocate for your case.

There are several actions that can lead to a charge of obstructing a peace officer. You may be charged if a jury finds you guilty of any of the following actions:

-Questioning an officer’s authority
-Giving an officer false information
-Using profanity directed at an officer
-Advise or incite others in their dealings with an officer
-Refusing to accept a parking ticket or speeding citation

In plain language, officers can and do use this charge when a citizen is not cooperating with their investigation and no other offense is readily apparent. Because the charge can be so broadly defined, it’s important to speak with a lawyer and clarify whether your actions actually construe obstruction of a peace officer or not. It’s wise to protect yourself as soon as possible when involved in this or a similar case.

Also, make sure you’re up to date with current Colorado laws. Obstruction of/obstructing a police officer is a Class 2 Misdemeanor in Colorado, which means that if charged with this offense you could be sentenced to three to twelve months in a Colorado county jail. If you are a minor and/or you have no existing criminal record, the judge can impose a probationary period without any jail time.

If you have been charged with resisting or obstructing a police officer, it’s necessary that you contact a criminal defense attorney immediately. Boulder attorney Phil Clark can examine current Colorado laws, and determine if the facts in your case point to a legitimate offense. If you’d like to contend the charges, his experienced and knowledgeable defense can help you protect your future.

You have a range of Boulder attorneys available to you, and the law offices of Phil Clark intend to provide you with a caring and expert defense during this difficult time. As you search for Boulder lawyers to build your defense, contact Boulder attorney Phil Clark for a free appraisal of your case and an opportunity to talk about the specific needs of your situation. For more information about criminal defense attorneys in Boulder, or to contact a Boulder attorney now, go to www.philclarklaw.com.

Assault is one of the most common charges in Colorado. It’s important to understand the differences between first, second, and third degree assault and consult a Boulder criminal defense attorney who can counsel you on what defenses are available.

First, Second, and Third Degree Assault—What’s The Difference?

Third Degree Assault—by far the most common of the three—is defined as “knowingly or recklessly causing bodily injury to another person.” Though it’s a First Degree Misdemeanor, as an extraordinary risk crime it can carry a maximum sentence of two years in county jail. (It’s important to note that in some rare instances, a definition based on accidentally causing injury with a deadly weapon is used instead.)

If you are convicted of Second Degree Assault, the situation is much more serious. As a Fourth Degree Felony, this charge carries a mandatory prison sentence of five years. Below are the definitions a jury uses to determine whether a person will be found guilty of Second Degree Assault. If the District Attorney convinces the jury the defendant is guilty of any of the following actions, the sentence could be up to eight years in prison.

1. The Defendant intentionally caused bodily injury to another by the use of a deadly weapon.
2. The Defendant recklessly caused serious bodily injury to another by the use of a deadly weapon.
3. The Defendant intended to cause any injury, and caused serious injury.
4. The Defendant caused injury to anyone while intentionally trying to hinder the police or firefighters.
5. The Defendant knowingly applied violent force to (certain) government officials.
6. The Defendant intentionally drugged someone without their consent / knowledge.

First Degree Assault is the most serious charge of all three, and as a class three felony (as well as an extraordinary risk crime) it carries a sentencing range from 4 to 16 years in prison. Because the judge must sentence a defendant to at least as high as the midpoint of this range, he or she must impose at least 10 years in prison for the defendant. The definitions for First Degree Assault are as follows:

1. The Defendant intended to cause serious injury, and does in fact cause serious injury.
2. The Defendant intended to, and in fact did, seriously disfigure or disable another person.
3. The Defendant, acting with “extreme indifference to the value of human life,” knowingly created a grave risk of death, and by doing so caused serious bodily injury.
4. The Defendant threatened a police officer, firefighter, judge, or prison staff with a deadly weapon and in doing so caused serious injury.

How Can a Boulder Lawyer Help Me?

Phil Clark is an experienced criminal defense attorney who can provide you with a knowledgeable and aggressive defense. Contact a Colorado lawyer now and bring this expertise to your case.

If “Heat of Passion” is a factual circumstance of the offense, there can be exceptions. “Heat of Passion” means that the person charged with assault was provoked by another person, and as a result the judge can decide not to send the person to prison.

Self Defense is another defense against an assault charge. If the person charged with assault presents evidence that demonstrates they used violent force in order to protect themselves from the alleged victim, it could remove their case from a mandatory prison sentence. It’s important to note that the Defendant is only allowed to use as much force as is justified to defend him or herself—for example, they can’t fatally stab someone to avoid being hit.

The sentence will also depend on how “aggravated” or “mitigated” the actions of the defendant were. If their actions seem especially aggressive or mean-spirited to the judge, they are more likely to result in jail or prison sentences than acts that are smaller or provoked. It’s important to know which Boulder lawyers can meet your needs.

Call a Boulder criminal attorney today to discuss your situation and all possible options. Though there are many Boulder attorneys to choose from, the law offices of Phil Clark can provide you with competent and caring service while you explore all your options. To contact Boulder lawyer Phil Clark, or for more information on Boulder law firms, go to www.philclarklaw.com.

Medical marijuana laws in Colorado are confusing and complicated. You are allowed to possess a certain amount of usable marijuana, but it may be OK to own more if you can prove you need it. The state of Colorado allows you to use medical marijuana, but the Federal government prohibits it. However, if you follow some of these simple steps, you can reduce your risk of being arrested significantly.

If you are arrested for possession or use of medical marijuana in Colorado, you should contact an experienced Colorado medical marijuana lawyer.

Keep it to Yourself
The most common reason for medical marijuana arrests is because a patient is turned in to the police by a neighbor. Don’t smoke in highly visible areas on your property, keep your medical marijuana garden as secluded as possible, and tell as few people as possible that you are growing and using medical marijuana. Never display medical marijuana or marijuana paraphernalia in your windows. A police officer passing by doesn’t even need a search warrant if he can see it inside your house.

Don’t Use Medical Marijuana in Public
Although medical marijuana is permitted in Colorado, public use of marijuana is still illegal.

Don’t Drive While Using Marijuana
Don’t smoke and drive, and don’t have medical marijuana visible in your car. If you’re pulled over for a traffic violation and a police officer sees it in your car, you will likely be arrested. If you must travel with marijuana, put in your trunk.

Don’t Use or Distribute Medical Marijuana Illegally
A great way to get arrested for medical marijuana is to use or possess more than your legal limit, or grow it to sell to others. Remember that the more people who know about it, the more likely you are to get caught.

Keep Medical Marijuana Well-Contained
Keep your usable medical marijuana in as few containers as possible, and clearly label those containers “Medical Marijuana” or “Marijuana for Medical Use Only.”

Be Careful Who You Invite to Your House
Repairmen, cleaners, cable or internet guys, and insect control personnel can all report your to the police. If you do have somebody in your home, hide your garden and usable marijuana extremely carefully.

Don’t Tell Your Landlord
Your landlord may still be concerned that he will be liable under Federal law for a tenant growing and using medical marijuana on his property. Ignorance is bliss. If he is unaware that this is going on, he’s not liable if you get caught. Both of you will happier, and you will be less likely to be evicted, if you don’t tell him about your medical marijuana use.

If you have recently been arrested and charged with a criminal offense in Colorado, there are a few important legal issues you will need to take into account ad address as the criminal process unfolds in your case. In addition, there are several things you can do during the arrest that will most likely help you in the forthcoming criminal case against you. Here are some important things to remember if you have been arrested and charged with a criminal offense in Colorado.

Remember your right to remain silent. Many times law enforcement does not know whom to believe and they may easily record events in the police report that end up being flat out false. In criminal arrest situations, it is possible to cooperate with roadside testing without agreeing to say anything. It it highly recommended that you talk to an attorney before talking to the police.

Call a Colorado criminal defense attorney, preferably one with considerable experience in handling the kinds of criminal charges being levied against you. An attorney can set things in motion and give critical advice. If you are aware that you are a suspect or person of interest in an investigation, it is extremely important that you consult with an attorney as soon as possible.

If there has been an arrest, work with your attorney to post a release bond as soon as possible. After a short period of time in your case, it generally becomes more difficult to obtain a reduction in your bond as opinions harden and the court and prosecutors move on to other matters.

Consider who is a witness (good or bad) to anything you have been accused of and gather statements as well as contact information as quickly as possible. This is particularly important in motor vehicle matters as the police often do not interview all witnesses and finding them later may prove to be difficult.

Consider carefully whether you have any evidence that might be useful in establishing your side of the story. Immediately being to think over your side of the story and gather information (on paper or physical evidence) that could help with your defense.

Many defendants choose to accept the free court-appointed attorney, provided they meet minimum income requirements, which currently encompass persons earning than $1,000/month gross income and are Colorado residents, among other requirements. Many of these defendants assume that the court-appointed and often inexperienced criminal defense attorneys will be able to get them as favorable a deal as hiring a private and more experienced Colorado criminal defense attorney. More often than not, people that take the cheap legal defense route pay far more in the end with harder sentences and fines that can have greater consequences in both the short and long term.

Consequently, it is highly recommended that you give yourself the best possible chance of getting the best possible outcome for your particular criminal case. Choose and pay more for an experienced criminal attorney who is familiar with the court system in the city or county where your are being charged, as doing so is going to give you the best chance for success in your criminal defense legal process. Such an attorney will work most effectively within the local Colorado court system and prosecution, having dealt with the local prosecutor’s office many times before, and presumably avoiding the mistakes that most inexperienced attorneys tend to make, thus saving you time, money and perhaps even a little sanity in the long run.

In sum, if you are arrested and charged with a criminal offense in Colorado, remember the above points during the initial arrest process and immediately seek an experienced Colorado criminal attorney who is familiar with the local court system in the city or county where your are being charged. Such an attorney will best help you understand the options you have in your case and will clearly explain what you can expect out of the case, ultimately speeding up the legal process so you can go on with your life. Remember your life and livelihood is on the line; don’t trust it to just any run of the mill legal representation!

There are more than 1500 people arrested for DUI (Driving Under the Influence) or the lesser charge of DWAI (Driving While Ability Impaired) every year in Boulder, Colorado. Under Colorado law, driving under the influence means that the amount of alcohol in your system, or blood alcohol content (BAC) was .08 or more at the time you were driving. Driving while ability impaired means that the amount of alcohol in your system
was .05 or greater.

Contact a Boulder DUI Attorney

Being arrested for DUI in Colorado is is a serious matter. A person facing DUI or DUI charges risks severe penalties and consequences, including jail time, having a criminal record, suspension of driver’s license, sharply increased insurance rates, and loss of relationships and future job prospects. If you have been arrested and charged with a DUI or DWAI in Boulder, the most important thing you can do is to find an Boulder criminal attorney with strong experience fighting DUI and DWAI cases.

To be convicted of DUI or DWAI in Boulder, the Boulder County District Attorney must prove beyond a reasonable doubt that your driving was impaired. Some of the evidence that the district attorney may use to prove a DUI or DWAI charge include:

• The reason the officer pulled you over (what did he or she see that made them suspect you of DUI or another traffic violation?)
• How you behaved during the traffic stop (did you slur your speech, have bloodshot eyes, etc.?)
• Whether or not you displayed any overt signs of intoxication (for instance, did you smell like alcohol)
• How well you performed field sobriety tests, and
• The result of your blood alcohol content test

If You are Pulled Over on Suspicion of Drunk Driving in Boulder

1. Pull over safely and quickly, and remain in your vehicle.

From the moment a Boulder police officer decides to pull you over he or she is gathering information and making observations to include in his or her police report, which will be used against you. If you drive
erratically, slow down too abruptly, pull over in an unsafe location, or try to get out of your car the officer records it in his or her report.

2. Be polite – don’t make the officer hate you

Police officers are people too, and if you’re disrespectful to them they’re more likely to try to do every they can to get you arrested, including writing a more incriminating report

3. Don’t Answer Incriminating Questions

While you are required to give your name, license, and registration to an officer that pulls you over, you have the right to remain silent if asked any other questions. Police officers are trained to get you to incriminate yourself by asking questions like “how much have you had to drink?” You may politely refuse to answer these questions, and it is your best interest to do so.

4. Refuse the roadside breathalyzer test.

You are under no legal obligation to take a roadside breathalyzer test, and it is not in your interest to do so. Such tests are often unreliable, and a positive reading may cause the officer to embellish his report to make it look like you were driving drunk. If the police officer does not know what the result of the test will be until they reach the police station, they’re more likely to write a fair and even-handed report.

5. Write down everything you remember about your DUI arrest after you’re released.

This will help your Boulder DUI lawyer fight the charges against you.

• what you were doing and where you were doing before you drove
• where/when you were pulled over, and if you were read your Miranda rights
• how much you had to drink
• what test(s) you took (field sobriety and/or breathalyzer, breath test at the police station)
• how long after you were arrested
• how the officer behaved, any instructions he gave you
• what you said to the officer
• Write down every detail that you can think of, even if you don’t think it’s relevant.

6. Contact a Boulder DUI Lawyer

A DUI or DWAI conviction is a serious blow to your personal life, bank account, and future job prospects. Police officers make mistakes, and sobriety tests and even blood alcohol tests can unreliable. An experienced Colorado DUI attorney can carefully review all the evidence and find any holes that may exist in the District Attorney’s case, and help get you the best possible deal.

Boulder Colorado attorney Phil Clark has over ten years of experience in DUI and DWAI cases, both in the District Attorney’s office and fighting DUI charges. Phil Clark is certified by National Highway Transportation Safety Administration standards in the performance of roadside sobriety tests – just like police officers. He knows what police should be doing and what they should not be doing when they pull your car over. If you’ve been arrested for DUI or DWAI in Boulder, fill out the contact form on this page, or call us at (303)-444-4251 to schedule a free consultation.

There are a number of things to keep in mind as a patient moves forward in his or her treatment use of medical marijuana. If necessary, a patient should consult a Boulder attorney who is knowledgeable in the area of medical marijuana and other drug offenses, has experience in the area both in prosecution and defense as well as understanding the inner-workings of the Boulder District Attorney’s office. As in other drug-related cases, there are a number of complex issues associated with search and seizure, and some evidence may not be permissible in court. A boulder medical marijuana attorney can sort through these issues.

First, potential patients must have a doctor’s recommendation in order to apply for a
Colorado Medical Marijuana Registry Identification Card. Upon successful registry with the state of Colorado, a patient, by state law, can possess up to two ounces of usable marijuana. Those same patients can cultivate up to six marijuana plants with no more than three plants being mature, flowering plants that produce a usable form of marijuana.

Although your medical marijuana registration with the state of Colorado is a legal binding document in the state of Colorado, it is not, however, an accredited document on a federal level.
It’s possible to face federal prosecution regardless of Colorado law. Every patient must be in the privacy of house and home and out of site of the general public, including paraphernalia. No patient is permitted to use in medical marijuana while driving or in any other arena outside of his or her private dwelling.

If you are a legal medical marijuana patient in the State of Colorado and are confronted by the police, you should:

• Remain calm.
• Be courteous and provide your identification.
• Politely refuse to answer any further questions under your Fifth Amendment
  right to remain silent.
• Politely invoke your Sixth Amendment rights to consult an attorney of your
  choice. Do not answer any questions without an attorney present.
• Politely invoke your Fourth Amendment rights to remain free from unreasonable search and seizure. Politely ask if you are under arrest or being detained for any reason. If the officer’s answer is no, then politely ask to leave.
• If further persistence occurs, be advised and advise the officer that any statement made, or alleged consent offered, is hereby made under protest and under duress and in submission to the officer’s claim of lawful authority. Remember that any information can and will be used against you in a court of
  law.
• Also, be advised that in the state of Colorado, a patient or caregiver possessing a Medical Marijuana Registry Identification Card is exempt from criminal prosecution if and only if he or she remains within the limits for quantity of marijuana as stated in Colorado’s Amendment 20. If you have been charged with a felony or misdemeanor marijuana and/or other drug charge, you should speak to an experienced drug defense or criminal defense attorney as soon as possible. Remember that the prosecution is already preparing their case against you, don’t take on the system alone!

With the the Fourth July, and its associated picnics, parties, camping trips, and general celebrating just around the corner, its a good time to review how to prevent getting a DUIs. Here are six tips to prevent getting a DUI in Colorado this holiday season.

Don’t Drink and Drive

Call a taxi, take the bus, or have a friend drive you home. This is the only 100% effective way to avoid getting a DUI. Even if you’ve have only had one or two drinks, you’re still taking a risk.

Drive Safely and Carefully

The majority of DUI arrests made in Boulder and other locations in Colorado happen to people who are pulled over for other traffic violations such as speeding. Concentrate on your driving and avoid distractions, and explicitly obey the speed limit and other traffic rules. On holidays like the Fourth of July, or any day after about 9:00 PM, police in Colorado are looking for any excuse they can find to pull you over, which means that you should make sure that you’re wearing your seat belt, that your headlights are turned on, that you’re using your signals, and that you’re stopping at every stop sign. Don’t turn on or adjust the stereo system, and don’t have anything to do with your cell phone while driving. Talking or texting while driving are dangerous and lead to lots of traffic accidents and violations, and a Boulder police officer who sees you doing either while driving has a ready-made excuse to pull you over, and arrest you for suspicion of DUI.

Drive straight home

Unnecessary stops and side trips increase your time on the road and increase the probability that you will be pulled over, and stopping for food or other items increases the likelihood of being noticed by a restaurant or convenience store employee, who may be trained or encouraged to report you to the police. Stopping for fast food is particularly dangerous. Many late night drive-through workers at Colorado fast food restaurants are trained to recognize drivers who smell like alcohol, report them to the police, and find ways to keep them in the parking lot while the police are on the way. If the drive-through operator makes you wait longer than usual at the window, or instructs you pull into a parking space to wait for your food, there’s a good chance that the police are on their way.

Don’t Help a Police Officer Build a DUI Case Against You

From the moment a police officer decides to pull you over, he or she is collecting evidence to convict you of DUI. Even if they try to be nice to you, resist the urge to “explain” yourself or answer questions. An officer will try to discover what time and how much you’ve been drinking to determine whether they should take an official blood alcohol test immediately, or wait until you’ve fully absorbed the alcohol into your system. Either way, they’re trying to get you to give the highest blood alcohol test possible, and they’re doing everything they can to get you convicted of DUI. You have the right to remain silent and to decline taking field sobriety tests, including the breathalyzer test (despite the fact that the cop who pulls you over won’t tell you this). You are required to give the police officer your license, registration, and insurance information, but politely refuse to answer any other questions or do anything voluntarily.

Take the Blood Test

In Colorado, you have the right to decide whether you want to take a breath or a blood test to determine your blood-alcohol level. Take the blood test. When you take a breath test, a police officer will know immediately what your blood-alcohol level is, and may embellish his report about your driving and behavior to consistent with your reading. If you take a blood test, the results will not be available immediately, and the officer more likely to give a more even-handed, fairer report. Additionally, your blood sample will be saved and can be re-tested by an independent laboratory, or checked for contamination at a later date, while breath cannot be saved, which means the sample that was used to determine your blood-alcohol level cannot be challenged.

Consult an experienced Colorado DUI Attorney

Don’t wait until it’s too late to contact an attorney, or assume that the system will treat you fairly without a lawyer. DUI cases can be complex and time-sensitive, lead to extremely large fines, probation, and jail time, and arresting officers frequently cut corners or otherwise take advantage of people in DUI cases in order to get arrests and convictions. Know your rights, and contact a Boulder DUI lawyer can help sort through the issues, hold cops who cut corners accountable, and get you the best deal possible.