If a crime has been committed and you are accused of said crime, you will have to make an appearance in court in which case you will be the defendant. The defendants criminal defense attorney has the job of preventing a guilty verdict from being reached. The defense used by the criminal defense lawyer is a planned argument which attempts to disprove the validity and sufficiency of the prosecutions evidence. The prosecution is the side trying to prove guilt.

We are going discuss the various forms of criminal defense, as there are a few different types that people should be aware of. To begin, lets start with coercion and duress. This is essentially meaning that the defendant was forced to commit the crime in fear of violence directed towards them. The threat of violence does not actually have to occur, the threat in itself is enough to use this tactic in a defense.

Another form of defense used is abandonment and withdrawal, which is also referred to as renunciation. In essence, this defense is chosen by a criminal attorney when you were going to be involved or an accomplice in a crime, but then decided to abandon any participation in it. For this to work, the actions prior to the defendants withdrawal in no way could have contributed to the crime itself.

One popular form of defense, made notorious by the various stories we’ve heard, is the insanity defense. This is not actually used all that often, nor is it always that successful when used. It basically states that when the crime was committed, you were not able to acknowledge the fact that what you did was wrong. The reason it is often not used is that in order for it to be successful, you must have a serious mental illness at the time the crime was committed.

Affirmative defenses are those that attempt to falsify the prosecutions evidence by showing that it is false, inaccurate, or insufficient. Of course, evidence on behalf of the defendant must be produced to prove why the prosecutors evidence should not be considered. This option is only available obviously if it appears the evidence can be falsified, so its use is limited.

Self defense is a common argument for what usually ends in violent crimes. This defense states that the defendants actions, which would otherwise be considered criminal, were needed to protect themselves. Similarly,
the defense of consent acknowledges that the defendant is guilty of some action but the action was consented to by the victim. An example to this is consent to bodily harm, such as a boxing match.

The defense of intoxication will not necessarily prove a defendants innocence, though in certain situations it can negate the element of a crime. It goes along with the insanity defense, the defendants mind was not in a reasoning and rational state. Therefore, they were not aware of the crimes in which they were committing.

The last type of defense we will mention is the defense of the statute of limitations. This defense is used when the amount of time the prosecution has to bring the charges against the defendant has passed. Since the time frame in which the crime can be charged has passed, the charges themselves must be dropped.

If you are searching for Criminal lawyers in Boulder Colorado, please contact the law office of Phil Clark. Him and his team will work hard to ensure you have the most comprehensive defense available.

At Phil Clark Law, we understand the importance of an education. Students who find themselves in trouble face additional problems compared to non-students. There is usually a disciplinary process unique to each University. Depending on the University as well as the specific offenses being charged, there are a vast array of penalties that can arise if found guilty and a criminal conviction is given. This can lead to the loss of a scholarship, expulsion, removal from a dormitory or student housing, as well as removal from a University team. These penalties can vary dependent on the charges being brought forward.

An important goal that should be targeted during these difficult times is the protection of the students academic status. A Boulder criminal defense attorney can help ensure the most is done to keep a students status active as well as to reduce or eliminate the charges pending. A criminal record can also undermine the chances of an admission to a professional or or graduate school. It will also no doubt severely reduce the likely hood of securing a job once the students education is complete.

A Boulder attorney will immediately go to work to help minimize the expected damage. This pertains both to the criminal charges as well as advising through the Universities disciplinary process. The Clark Law Firm has a firm understanding of alternative sentencing options which provides our clients with a significant advantage while choosing a course during such uncertain times.

Such experienced Boulder Lawyers allows for the strongest and most comprehensive defense of our clients. Not all Boulder Law Firms are created equally, and we feel that Phil Clark easily rises above the rest. If student legal defense services are needed, than please pay a visit to Phil Clark

DUI charges are common in Colorado, and have devastating consequences for the futures of those involved. Being convicted of driving under the influence can mean the revocation of your driver’s license, staggering fines, probation, jail, or prison time, and difficulty maintaining or finding employment. For these reasons, it is vital that you make sure your case is represented by a skilled Boulder DUI lawyer. Though many Boulder law firms advertise themselves as well-staffed with Boulder DUI lawyers, Phil Clark is a former prosecutor with the experience and knowledge necessary to protect your future during this uncertain time. Read on for more information on how to protect yourself when facing a DUI charge in Colorado.

Penalties for drunk driving are often severe for first time offenders, and even worse for multiple-time offenders. A first-time offense can result in up to a year of jail time and fines that range from $600 to $2,100, not to mention a possible revocation of your driver’s license for up to 90 days. A second DUI likely means more jail time, higher fines, and a lengthier suspension of your driver’s license, depending on the circumstances.

A third conviction brings increasingly harsh penalties. Some states increase the punishment level to a felony after multiple DUI convictions. Even if you are not charged with a felony, your third offense will certainly mean more mandatory jail time, higher fines, lengthier suspensions, and more rigorous rehab requirements.

In addition to the above consequences, a DUI conviction means that you have a criminal record. Employers, landlords, insurance companies, credit bureaus, and other authorized organizations may have access to this information and limit your options as a result. Perhaps this is the best reason to make every effort to protect yourself in court against a DUI conviction by contacting a skilled Boulder DUI attorney. Being charged with this offense can severely limit your options in the future.

When you allow a Boulder attorney to give you counsel and represent you in court, there are several things he or she can do to protect you. They can challenge the blood alcohol testing reliability, offer expert evidence that you weren’t under the influence while driving, and obtain evidence relevant to your charges. All these things often mean the difference between a conviction and salvaging your future.

While researching Boulder lawyers, consider Phil Clark. As a Boulder attorney with extensive experience in DUI charges, he knows how to protect your future and your assets. Contact Boulder lawyer Phil Clark today for a free consultation for your individual case.

In high-stress situations, sometimes an officer of the law steps over the line. It’s important to know what your rights are and what steps you should take if you are a victim of police misconduct. The best way to keep your community, your law enforcement officers, and yourself safe is to quickly and accurately report police misconduct to the proper authorities. Make sure you are familiar with the below steps.

Write everything down. This step is vital. Make sure you do this as soon as possible following the incident. It’s easy to forget small details over time, and there’s no way to know which facts will make a difference later on. Describe everything that took place from the very beginning of the police encounter to the end. Try to quote other witnesses, the officer, or yourself word for word, if possible. Be specific about details such as the location and the time of day. Replay the events slowly in your head to help remember as many details as you can.

Also include witness’s names and contact information and the officers’ names, physical descriptions, and badge numbers. If necessary, be prepared to return to the scene of the incident in search of possible witnesses. Doing so may also help jog your memory about other important details.Make sure that you include only the facts that you’re sure about; inaccuracies can strip away the credibility of your report.

Contact an attorney. This step is essential if you were arrested following the incident. Even if you were not arrested, it is highly recommended that you speak with a Boulder lawyer to make sure that you are protected.

Victims of police misconduct are often vigorously prosecuted in order to gain leverage in case the victim files a lawsuit. If you’re charged with a crime in Colorado in this manner, you need a good Boulder criminal defense attorney immediately. Demonstrate you are a competent defendant by having the materials mentioned earlier on hand and making a point of being calm and well-organized.

Whether you were charged with a crime following the incident or not, you may still want to pursue a civil suit against the police department. An attorney can help you determine whether you have strong enough evidence to proceed.

File a police misconduct report. This step cannot begin until all criminal charges and civil actions have been resolved. If you file a police misconduct report too early, it will hurt your chances in court by revealing too much information to the police. However, if you weren’t charged with a crime and you’re not suing, file the complaint right away.

The materials you prepared right after the incident will form the body of your complaint. You’ll be glad you wrote it down back then, because you might be filing your complaint weeks or months later. Before sending your complaint, be sure to make copies and place them in a secure location. Send your complaint by certified mail so the police cannot deny having received it. You should also send copies to your local ACLU and NAACP chapters.

Keep in mind that your complaint may not receive a response, but it provides important documentation that can be used to illustrate a pattern of misconduct. For more information on what a Boulder, Colorado attorney can do for you in this situation, call the law offices of Phil Clark. Phil Clark’s experience and knowledge means he can provide you with the protection you need. Read more information on Boulder law firms or contact an attorney now for a free consultation.

The latest spate of protests—including the Arab Spring and Occupy Wall Street movements—have served as popular outlets for discontent around the world. As U.S. citizens, we are privileged to have rights to peaceful demonstration that many others can’t yet enjoy. Exercising this right is a valuable part of the democratic process, but when things get heated, it’s easy to get into trouble with an officer of the law. Before you decide to participate in a protest, make sure you’re aware of some common mistakes protesters make and how to peaceably navigate your interactions with police officers—and don’t forget to know what Boulder law firms are available to you in case you run into trouble.

Know your rights. Your right to peacefully protest is protected by the First Amendment. Under this amendment, you have great freedom to express your views loudly and publicly—and traditionally, courts have supported this right. It is illegal for the government to limit speech based on the ideas it expresses, whether or not others find it offensive. You can also communicate this idea in any way you choose, whether by signs, artwork, costumes, handouts, etc.

Remember the rights of others. Keep in mind that police have the authority to restrict obscene acts or threats of violence, and enforce noise restrictions in public places. You can occupy any public space for your protest, as long as it doesn’t prevent others from using it too. Private property is under the authority of the owner, so they can have you arrested or removed if they so desire. Keep your protest respectful of others in order to remain under the protection of the First Amendment.

Interact wisely with law officers. Since protests tend to draw a strong police presence, it’s probably wise to stay out of their way to reduce your chances of getting into an altercation. However, if interacting with the police is inevitable, remember that your rights remain the same as they would in any other situation. Protect yourself by:

1. Staying calm.
2. Not confessing to wrongdoing.
3. Not lying.
4. Not waiving your rights based on anything the officer says.
5. Refusing any searches.
6. Asking if you are being detained or are free to go. Expressing that you are not agreeing to this police stop can protect you later if your case goes to court.
7. Avoiding illegal activity, like vandalism, trespassing, or drug use.
8. Never touching a cop.
9. Not arguing with the officer. If you plan on reporting misconduct later, don’t tell the officer.

Report misconduct. If you are a victim or witness of police misconduct, there are things you can do. Try to use cell phones or other recording equipment to document the incident, and as soon as possible after the event, write down or record everything that happened and photograph any evidence (such as injuries). Always contact an attorney before filing a complaint—they can help you protect yourself in the event of criminal charges, and assert your rights against excessive force or false arrest.

Remember that the best thing to do in the event of a breach of your rights is to be patient and explore your legal options. Speak with a Boulder attorney for advice on how to proceed. For more information on available Boulder attorneys, or for a free legal consultation, give Boulder lawyer Phil Clark a call at (303) 444-4251.

One of the best things you can do to protect yourself when involved in a situation with law officers is to understand exactly what their function is. When you are aware of what a police officer’s job is, you are more informed about your options and the best way to protect your reputation, future, and assets from unnecessary harm. Though it may be tempting to forgo hiring one of the Boulder attorneys available, remember that they will likely save you time and money later on. Boulder lawyer Phil Clark has the experience, knowledge, and skill to protect your future and your assets- contact him now for a free consultation. Read on to find out exactly what police officers are here to do—and not to do.

The first and most important role of an officer of the law is to protect citizens and promote peace in the United States. Many police officers have showed this commitment in other ways, such as serving in the military. Their primary responsibility is serving as front-line protection for the American people against threats to their security ranging from drunk drivers to foreign invasions.

So how does this break down for you if you just got pulled over? Officers are trained to follow standard procedures for situations like this, and when you understand what those procedures are, you can make their life (and yours) much easier. Officers are trained to focus on two things during a standard vehicle stop: to confirm your safety and to confirm that you are not endangering the safety of others.

Keep this in mind if you feel you have been pulled over for no reason, or that the officer has some sort of ulterior motive. Give them no reason to doubt your safety or suspect that you are likely to hurt others, and chances are good that things will go well for you.

If, however, you feel that the officer has switched from an initial safety check to gathering evidence against you, there are two important things you need to keep in mind. First, remember that you have the right to remain silent. Police officers are trained to gather as much evidence as possible, and you want to be sure you aren’t incriminating yourself accidentally. Second, remember that you have the right not to consent to any searches of your person or property. It’s important to assert this statement before the police officer has any reason to search either you or your vehicle.

If you follow the above steps, it will be much easier for an attorney to defend you in court. If you unknowingly incriminate yourself or allow your property to be searched and a questionable substance or item is found, your situation becomes much more serious. Police officers are regarded as highly reliable witnesses because of the office they hold, and can be a component of a very effective case built against you. If your case does end up going to court, under no circumstances should you represent yourself—testifying against an officer of the law is an exercise in futility.

Contact Boulder attorney Phil Clark to help you navigate this difficult situation. Though many Boulder lawyers claim they can give you a strong defense, Phil Clark has experience as a prosecutor and can use this to your advantage. Choose a Boulder criminal defense attorney who can provide you with caring and knowledgeable counsel, and contact the law offices of Phil Clark today at 303.444.4251.

Getting pulled over is a stressful experience. It’s best to avoid unintentionally escalating the situation by behaving the wrong way, but many people aren’t sure how to do that. Go over these tips to help you know what to do (and even more importantly, what not to do) when you get pulled over in Colorado. Though there are many Boulder attorneys available, remember that Boulder lawyer Phil Clark has the experience, knowledge, and skill to protect your future and your assets.

When you first notice that flashing light in your rearview mirror, hit your turn signal and pull over. If you can’t pull over immediately, put on your hazard lights, slow down, and look for the first opportunity to get off the road. You want the officer to know that you are attentive and cooperative.

Once you’ve come to a complete stop, roll down your window, turn off your vehicle, and turn on your interior lights. You want the officer to feel safe approaching your car, and to be able to easily see and hear you. Take out your license and vehicle registration and then put both your hands on the steering wheel. Be prepared for the officer to approach either the driver side or passenger side window.

Keep in mind that it’s quite common to be pulled over for one thing, and then be charged with a more serious offense. For example, you could get pulled over for switching lanes without signaling, but then be charged with a DUI if the officer finds you are intoxicated (this is called a “pretext stop.”) While a pretext stop can seem unfair, there is a proven track record of this practice bringing in major criminals.

Once you are pulled over—for whatever reason—the most important thing to remember is to obey any instructions given by the officer. Police officers are people too, and if you make their lives difficult, they will be much more likely to repay the favor by exercising the absolute limits of their rights to hassle, search, and detain you.

The second most important thing to remember is to say nothing. You have a right to remain silent, and the officer is aware of this, so don’t be afraid to use it. Be aware that from the moment you are pulled over, everything you say and do is being recorded—and also remember that according to many police officers, the majority of the time suspects incriminate themselves. The only thing you should say is, “I wish to remain silent, and I do not consent to any searches of my person or property.”

If you do feel that you were pulled over and/or charged with an offense frivolously, after the officer leaves you can go to the exact spot of the infraction (written on your ticket), and take pictures of everything relevant to the event—speed limit signs, where the police officer was parked, anyone involved with the incident, etc. If you gather sufficient proof that the infraction is erroneous, the case will be thrown out. Contact a Boulder, Colorado attorney as soon as possible to protect you legally.

If you have been or suspect you will be charged with an offense, contact Boulder attorney Phil Clark. Though many Boulder lawyers claim they can give you a strong defense, Phil Clark has experience as a prosecutor and can use this to your advantage. Choose a Boulder criminal defense attorney who can provide you with caring and knowledgeable counsel, and contact the law offices of Phil Clark today at 303.444.4251.

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.