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Posts by Phil Clark

Fake IDs: Why It Isn’t Worth the Risk

Fake IDs: Why It Isn’t Worth the Risk

By on Feb 17, 2021 in Blog, Boulder Colorado Law Advice Blogs |

Whether you are reading this article as a concerned parent of a teenager or young college student, or you have found yourself in a jam because of a fake ID, it is important to arm yourself with the facts. Having a fraudulent identification card may seem like a clever way to get around the system, they’ve been around for ages and are a staple in many young adult comedies, but it is a serious crime. No matter the reasoning for having this in your possession, and regardless of your intention, you could find yourself facing serious consequences for misrepresenting your identity, especially if you are participating in an illegal activity. What could happen if you’re caught? Your initial thought may be that this is a relatively harmless, innocent crime. The reality is that this can carry heavy penalties with long-lasting consequences you may not have considered. You are denied entry and asked to leave. This may be the best-case scenario if you are caught with a fake ID and attempting to enter a bar or event with age restrictions. Depending on where you are, or who is tending the entrance, you might simply be denied entry, or have your ID confiscated. If this is the worst that happens to you during your exchange, count yourself as one of the lucky ones, and do not try your luck at another place. Your ID is taken away. If you are trying to get into a place with strict entry rules and regulations, you may find that if they suspect your ID is fake, they will opt to keep it. In the state of Colorado, the unlawful possession or use of an identification card is a class 3 misdemeanor. Under CRS 12-47-901(5)(a)(II), licensees are permitted to confiscate suspected false or fraudulent identification, but must be turned over to a local law enforcement agency within 72 hours. Police may decide to pursue criminal charges. The laws vary state by state, but the result could be a hefty fine, jail time, or probation. You are caught by the police. So, you’re at an event and the police show up… You shouldn’t present your fake ID to the police, but if you’re in a situation...

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3 Things You Should Know About Police Questioning

3 Things You Should Know About Police Questioning

By on Aug 11, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

You’ve somehow gotten involved in a police investigation and have been brought in for questioning. This can be an intimidating experience whether you were involved in the crime or not and it can be difficult to discern what you should or should not say. Understanding the police’s strategy while questioning involved parties can help you understand what to do while interacting with the police interrogator. Here are three key things to keep in mind. Don’t Assume the Police are Being Honest While the police interrogator working with you may seem like he just wants the truth and has your best interest in mind, they’re actually employing psychological tricks to get more information from you. That information may or may not be beneficial to your case and in many cases can easily be twisted against you. Remember, the police are often biased against you if you’re suspected of a crime so your words may come across completely different to them (and a jury) than you intend. They may even lie about the amount of evidence they have showing you committed the crime, from witnesses to video footage. Without seeing it firsthand, you have no idea if they’re telling the truth and you also know they have a motive to get the perpetrator in jail. It’s in your best interest to assume they are not telling the truth to protect yourself during interrogation. Stick with Telling Them the Bare Minimum Less is more when it comes to being in the interrogation room without representation. If you’re stuck there, don’t give more information than you need to. It’s better to be skeptical of anything they tell you and resist giving information until you’ve been able to consult with your attorney. Answer any questions you truly feel comfortable answering, but when in doubt, they are likely not being fully honest with what they’re telling you. Use Your Fifth Amendment Rights – In the Right Way It’s a good idea to keep quiet, especially if you feel the evidence is stacked against you. However, in 2010, the US Supreme Court ruled in Salinas v. Texas that the fifth amendment must be verbally invoked. This means if they haven’t yet read you your rights and...

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Attempt, Conspiracy, & Solicitation Charges: What You Need to Know

Attempt, Conspiracy, & Solicitation Charges: What You Need to Know

By on Jul 6, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

There are times when you can be taken to court over crimes that were not actually committed. If you’ve been charged with attempt, conspiracy, or solicitation, you are being prosecuted for taking part in a crime that did not necessarily take place. All three of these charges are called inchoate crimes, meaning they are incomplete. In the eyes of the law, that does not necessarily excuse you from responsibility regarding the crime. What is an Attempt Charge in Colorado? An attempted crime is one that was sufficiently planned but was not carried out or successful in the end. Generally, there are two reasons an attempted crime may not be completed. Either the defendant carried out an act necessary to commit the crime but did not succeed in committing the crime itself, whether from being prevented or giving up, or they took real action to commit the crime and failed. Only Certain Crimes Apply to Attempt Charges Specific intent is necessary to be charged with an attempted crime. What this means, is that they require a physical act, meaning crimes such as murder, assault, or battery. These are crimes where steps necessary to carry out the crime can be proven to show specific intent to commit the crime. For example, attempted murder may be proven through the purchase of a weapon. How Attempt Charges are Handled in Court The most common defense for a criminal lawyer to take against attempt charges is to show no concrete actions were taken. Proving no real action was taken to commit the crime, such as buying a weapon, can be effective. However, if found guilty, punishment for an attempted crime may be half the maximum for committing the actual crime. Being convicted of an attempted crime is still a serious conviction and an attempted felony is still considered a felony itself. What is a Conspiracy Charge in Colorado? Similar to an attempt charge, being charged with conspiracy involves an agreement to commit a crime. This agreement can be explicit or implied, but does have to involve two or more people, at least one of whom takes real action to carry out the crime. How Conspiracy Charges are Handled in Court The vague definition brings...

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Accused of Domestic Violence?

Accused of Domestic Violence?

By on Jun 26, 2020 in Blog, Boulder Colorado Law Advice Blogs |

If the police have been called to a scene where someone has been accused to domestic violence, the probability that someone will be arrested is high. If you are on the receiving end of this accusation, it is very important that you know how to handle yourself and conduct yourself appropriately. Oftentimes, when we are feeling upset or defensive, we say things we don’t mean, overreact at the wrong time, or lose all ability to maintain composure. Despite your best intentions, now is not the time to plead with your accuser or the police for leniency, forgiveness, or insist on innocence. Alternately, you should not confess to any crime out of guilt or a sense of fear. This is when you should ask for your lawyer. Be quiet and be patient. It is the nature of domestic violence that the accused and the accuser have a close, intimate relationship. This adds a complex layer to the emotions being experienced by both parties. “Intimate relationship” is defined as a relationship between spouses, former spouses, past or present, or unmarried couples. This definition is also applied to situations where persons – married or unmarried – are both the parents of the same child. What’s Sobriety Test Options Are There? If alcohol is suspected, you’ll have options for which test to take. You can take a breath test either on the roadside or back at the police station. This will show your blood alcohol content and tell them whether you’re in a safe range. Alternatively, whether alcohol or drugs are suspected, you can also take a blood test, which may be more accurate. If the officer suspects drugs, you will have to take a blood test, since breath tests cannot show the presence of drugs. If you are the accused, don’t fuss and make a scene, as this may lead to additional charges depending on the severity of your actions. The law is very specific about the process and procedure for law enforcement to follow – no matter how strong or weak the evidence against you may be. For instance, when someone in Colorado has been arrested or changed with domestic violence, that person must remain in jail until they are able...

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DUI Frequently Asked Questions

DUI Frequently Asked Questions

By on May 14, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Getting a DUI is stressful but knowing what you’re getting into can help the situation. It’s a good thing if you have no idea what to do because you’ve never gotten a DUI before. We’re here to help inform you of different options, scenarios, and ensure you have the best chances in your DUI defense as possible. Keep reading for some commonly asked questions about DUIs. Can You Refuse a Roadside Breathalyzer Test? Taking a roadside breathalyzer test is your least safe option if the officer decides to administer a sobriety test. It’s easy for the results to be altered and it can also be less accurate. You may not realize it but you have the option to refuse to take a roadside breathalyzer test in favor of one back at the police station. An officer cannot force you to take the test right there and then. What’s Sobriety Test Options Are There? If alcohol is suspected, you’ll have options for which test to take. You can take a breath test either on the roadside or back at the police station. This will show your blood alcohol content and tell them whether you’re in a safe range. Alternatively, whether alcohol or drugs are suspected, you can also take a blood test, which may be more accurate. If the officer suspects drugs, you will have to take a blood test, since breath tests cannot show the presence of drugs. Can You Get a DUI for Taking Prescription Medicine? The short answer – yes. You can get a DUI for driving under the influence of anything that impairs your judgement and slows reaction time. This means not just drug and alcohol use can result in a DUI. Many prescription medications carry a warning on their label stating that you shouldn’t operate heavy machinery after taking a dose. While your doctor should also inform you of any side effects and things to consider while taking a medication, it’s always a good idea to read the label before taking a new medication you’re not familiar with. How Much Will a DUI Cost Me? The answer to this is more complicated than you might expect. In Colorado, a first conviction for a DUI will...

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