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What Is A Criminal Lawyer – And When Might You Need One?

What Is A Criminal Lawyer – And When Might You Need One?

By on Oct 7, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

a criminal lawyer can help keep your record clean Hiring a criminal defense lawyer can save you from getting stuck with a criminal record – and potentially save you’re a lot of money, too. Whatever crime with which you have been charged, having a criminal lawyer to help build a case, handle plea bargains, and possibly appeals after a trial can make a seemingly unwinnable case much less daunting. Criminal lawyers can help cases that include both state and federal legislation. Most crimes are state rather than federal crimes, including DUI, domestic violence, drug crimes, and theft – among others. What Will a Criminal Lawyer Do for You? While you are allowed to defend yourself in court, a criminal lawyer is trained and practiced in both state and federal laws that may be relevant to your case. They will assist with plea bargains, help build your case with evidence leading up to and during a trial, as well as working on any appeals after a trial. A criminal attorney will be able to assess what your case requires and use their knowledge and experience to help your defense. Many people feel certain charges are unwinnable cases but that is rarely the case and hiring a criminal lawyer can help keep your record clean. Locally, Phil Clark is a trusted Boulder criminal lawyer who can help build your case if you have been charged with a criminal crime. Common Colorado Crimes Criminal law covers a wide range of possible charges. However, here are a few of the most common criminal charges in Colorado and across the United States. Driving Under the Influence (DUI) This covers both the influence of alcohol and drugs and can be a very expensive criminal charge. The Colorado Department of Transportation estimates that the total costs of a first-time DUI conviction can be more than $10,000 – plus the existence of a criminal record. When you are pulled over, the officer will ask questions to judge whether you appear to be intoxicated. According to Colorado’s Express Consent Law, if the officer finds probable cause that you were driving under the influence of either drugs or alcohol, you must take a chemical test. This can be a...

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How A Criminal Defense Lawyer Can Help You Win A Drug Possession Case — Infographic

How A Criminal Defense Lawyer Can Help You Win A Drug Possession Case — Infographic

By on Sep 25, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

FIGHTING FELONY DRUG CHARGES Avoid Felony Drug Convictions with the best Criminal Defense Lawyer Getting a felony drug charge can be a scary situation — it’s a very serious offense that may have long-term ramifications. It can be tempting to try and ignore the issue and pretend nothing is happening but it’s imperative to take action right away to protect your future from being negatively impacted by these charges. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark! Get Attorney Representation Immediately Your best bet at winning your felony drug possession case is to hire a reputable drug possession attorney with experience fighting felony drug charges. You want to give your criminal defense lawyer the maximum amount of time possible to start planning your defense, so you should do this as soon as possible. You always want to optimize your chances of winning and to do that, you can not procrastinate on building your layers of protection. As slow as you would usually hear that the criminal justice system moves, it’s still important for your lawyer to be hard at work at preparing your defense strategy as soon as possible. It’s possible to have your case scheduled and heard very quickly after being indicted. Don’t even wait until you are indicted; you should hire an attorney as soon as you post bail. Time is ticking and every moment is precious. Assess Possible Defense Strategies There are multiple pathways of defense available when you are facing drug felony charges. You are innocent until proven guilty beyond a reasonable doubt and the prosecution has the burden of trying to prove every part of their case against you. Your criminal defense lawyer can assert that they have failed to adequately prove any of the required pieces. One common example of this type of defense is for your attorney to argue that the search by the arresting officer was illegal; that there wasn’t probably cause or reasonable suspicion to search your person or vehicle. In this case, evidence found during the illegal search cannot be used to prosecute you because your Fourth Amendment rights were violated. The right of the people to be secure in their persons, houses, papers, and effects,...

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The “Some Other Dude Did It” Defense — Infographic

The “Some Other Dude Did It” Defense — Infographic

By on Jul 31, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

Sowing the Seeds of Reasonable Doubt One very unique and interesting strategy that can be employed by criminal defense teams while representing their client is the “SODDI” defense, aka the “Some Other Dude DiD It” defense. This tactic shifts the conversation from whether the crime happened or not to who actually committed the crime. This is often used to claim a case of “mistaken identity” but there are actually a variety of cases that this defense can be useful for. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark! A Mistaken Identity Defense Most commonly this strategy is utilized by the defense to plant a seed of reasonable doubt among the jury by undermining the evidence, especially from witness testimony. The “Mistaken Identity” defense can be an uphill battle but can be quite effective when done well. Undermining Evidence — That’s Someone Else’s! The most important thing to maintain with the SODDI defense is that the crime was committed without a doubt, but not by the defendant. One common type of case this is used in is where police and investigators discover evidence in a place that is often used by multiple people, such as a residence, vehicle, or other public location. This allows the defendant to claim that the evidence was found in a common area and that someone else committed that crime. This strategy cannot be utilized in murder or assault cases where the defendant is asserting self-defense. Witness Testimony — Target Inaccuracies Due to how difficult it is to remember past events with perfect accuracy, the SODDI defense has been popular for discounting evidence from witness testimony. Scientific studies of human memory have been able to prove that bystanders are unable to recount events in an accurate way, easily being influenced even by the wording of the question being posed. Mistaken eyewitness identifications contributed to approximately 71% of the more than 360 wrongful convictions in the United States overturned by post-conviction DNA evidence. The reliability of witness testimony has plummeted in recent years as its credibility is compared with the new “gold standard” of DNA testing. One study that discounted witness testimony was performed by a cognitive psychologist who studied witness memory. She showed...

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You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

By on Nov 28, 2018 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

You Won’t Believe What Counts As a Vehicle for a DUI The state of Colorado is extremely strict. If you get a DUI on your record, then it stays there forever. So, it’s important to avoid using or driving any vehicle while intoxicated. However, did you know that it’s not just automobiles that can net you a DUI? Need a DUI Attorney in Boulder, Colorado? Contact Phil Clark! What is the DUI Law in Colorado?: “A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.” Definition of a Motor Vehicle: A vehicle is anything capable of moving from place to place on wheels or tracks; a very broad definition. So, feasibly, it is possible to be charged with DUI for operating any wheeled vehicle under the influence, as messed up as that sounds. Is DUI a Felony of Misdemeanor in Colorado? The first two DUI offenses within the state of Colorado are usually considered a misdemeanor crime as long as the driver did not hurt someone else or damage property. However, if the driver created physical injury to someone or property damage, then him or her, will most likely face a felony charge. Not only does your DUI stay on your record, it can be used against you if you get charged for another DUI offense in the future. So, if you have a DUI on your record from decades ago, it will still be used against you in the future. Some Unconventional Vehicles You Can Drive and Still Get a DUI Bicycles Boats All Terrain Vehicles Riding Lawn Mowers Pocket Bikes Golf Carts Go-Carts Construction Equipment A Horse Boats Wheelchairs (Motorized or Not) Motorized Scooters (E-Scooters) Skateboards (Depending on the State) What to Do If You Are or Might Be Charged with DUI? Ultimately, a DUI is the last thing you want on your permanent record. Your life and the way people perceive you changes in a negative way. If you get charged with a DUI, FIGHT IT. Do everything within your power to get the charges lowered or dropped. This is completely...

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False Accusations of Domestic Violence | Easier Than You Thought — Infographic

False Accusations of Domestic Violence | Easier Than You Thought — Infographic

By on Oct 25, 2018 in Blog, Boulder Colorado Law Advice Blogs |

False Accusations of Domestic Violence These Problems Often Enable False Domestic Abuse Cases   False accusations for domestic violence occur more often than most may give credit to. Here are a few reasons why false accusations of domestic violence occur so often.       A Loose Definition: The law defines domestic violence very broadly and vaguely and includes: intimidation, stalking, economic deprivation, throwing objects, trespassing, and harassment to name a few. These may not be clear signs domestic violence has occurred.   No Evidence Needed: Domestic violence service providers, law staff, and prosecutors are instructed to always believe the victim even when no real evidence or proof of violence or abuse is present and it seems more like you are guilty until proven innocent.   Victim Training and Advocates: Victims are trained and coached by hired workers to embellish their stories to increase the chances of finding a conviction or acquire a restraining order. All of your words and actions will be studied and twisted to make a stronger case for domestic violence.   False Accusation Incentives: There are a great number of benefits received by victims for accusing someone such as: • Sole use and possession of the place of residence with a restraining order • Receives custody over the children • Mental and/or physical therapy expense reimbursement • Reimbursed lawyer and legal fees • Low cost housing and other welfare sevices   Reluctancy to Charge False Accusers: Prosecutors are reluctant to charge domestic violence perjurers with a crime. Even when someone knows what they are doing is 100% wrong, and that they are lying to get another person in trouble, they have no fear of legal recourse.   Contact an attorney At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you have been falsely accused and are in need of a domestic violence defense attorney, be sure to contact Phil Clark immediately. He has the experience and skill needed to assist you in these troubling times.   We’re Here to Help You Call Us Now ☎...

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You’ve been pulled over: What should you do? – Infographic

You’ve been pulled over: What should you do? – Infographic

By on Sep 28, 2018 in Blog, Boulder Colorado Law Advice Blogs |

Don’t Make Your Situation Worse These steps will help you avoid unintentionally escalating the situation with your behavior during a traffic stop.   Getting pulled over is stressful and can often lead to making poor decisions and actions. These tips will keep you from unintentionally escalating the situation by behaving the wrong way. 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.      Step 1: Show you are attentive and cooperative At first notice of flashing lights, signal and pull over. If unable to pull over immediately, turn on hazard lights, slow down and get off the road at the first opportunity. Traffic officers will be watching how you pull over and will note it in his report. Show that you are attentive and cooperative.   Step 2: Make him feel safe and be prepared Roll down your window, turn off your vehicle and turn on your interior lights. You want to make the officer feel safe approaching your car. Make sure the officer can easily see and hear you. Prepare your license and vehicle registration and place both hands on the steering wheel. The officer may approach the driver or passenger side windows, be prepared for either.   Step 3: Obey the officer and be cooperative Police are people too, don’t make their lives difficult or they will be more likely to repay the favor by using their rights to hassle, search and detain you.   Step 4: Don’t incriminate yourself Remember to say nothing. You have the right to remain silent and the officer is aware of this. You should only say “I wish to remain silent, and I do not consent to any searches of my person or property.” As soon as you a pulled over, everything you do and say is being recorded and it is best to not incriminate yourself.   Step 5: Collect evidence to support your case After the officer leaves, if you believe you have been pulled over and/or charged with an offense frivolously, go to exact spot of the infraction (as written on your ticket), and take pictures of everything relevant to...

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Don’t Be Fooled: Common DUI Myths – Infographic

Don’t Be Fooled: Common DUI Myths – Infographic

By on Aug 22, 2018 in Blog, DUI Blogs |

There are a lot of misconceptions surrounding consuming alcohol before driving. These wives tales have been told so many times that it can be hard to distinguish the truth from fiction. These myths can lead to unfortunate circumstances that get you or a loved one into trouble with the law. Here is the truth about the top five most common DUI myths.   5 Common DUI Myths     Myth: A breath mint with is able to provide a disguise that you are drunk. Fact: Blood Alcohol Content has nothing to do with the way someone’s breath smells. A police officer will be able to detect drunkenness with, or without a breath mint.   Myth: If you don’t know that you are drunk then it’s okay. Fact: A police officer will still report you for a DUI even if you say that you didn’t know the beverage you were consuming contained alcohol. There is no way for them to verify if this claim is true or false. A police officer can and will arrest you whether you are accidentally drunk or not.   Myth: Drinking a lot of coffee can help you sober up. Fact: There is no relation between drinking a lot of coffee after drinking alcohol and becoming sober faster. It does not matter how strongly caffeinated the coffee is. Drinking a lot of coffee or other strongly caffeinated beverages can actually have the opposite effect.   Myth: Eating a lot of food, or eating specific foods before drinking can help prevent drunkenness. Fact: Eating certain foods like high-carbohydrate foods, or high protein foods will not act as barriers to letting the alcohol into your bloodstream. Neither will eating a lot of food before drinking. Alcohol doesn’t enter your bloodstream through digestion but rather through absorption, so what you have in your stomach doesn’t really make a difference.   Myth: Exercise can help you sober up faster. Fact: There is no relation to exercising after drinking and expediting the process to being sober again. Running a lap is not going to make the alcohol process through your bloodstream any faster.   At The Clark Law Firm, we understand that the law can be a tricky course to...

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Multiple DUI Convictions – The Consequences  & What They Mean for You – Infographic

Multiple DUI Convictions – The Consequences & What They Mean for You – Infographic

By on Jul 17, 2018 in Blog, DUI Blogs |

What is a DUI? When an individual is arrested for drunk driving – or driving under the influence – they are charged with what is known as a DUI. Being charged with a DUI means that drugs, alcohol or a combination of both to the point that it substantially affects the driver and they are considered unsafe to drive a vehicle. A DUI requires a blood alcohol concentration or breath alcohol of .08% or more. A DUI has consequences, and subsequent DUIs have increasingly severe consequences. If you find yourself in the situation of a DUI conviction it is important to understand what these consequences are so that you can protect yourself.     DUI Penalties   First DUI Offense Jail: Minimum 5 days – Maximum 1 year Fine: Minimum $600 – Maximum $1000 Community Service: Minimum 48 hours – Maximum 96 hours Probation: Minimum none – Maximum 2 years If this is your first DUI offense you probably have a lot of questions – the biggest being: will you spend time in jail? If this is your first conviction then the answer is, it depends. You may be asked to serve a jail sentence if either your blood test result or your BAC result was .20 or higher.  Otherwise, there is a minimum mandatory jail time for a second conviction and a third conviction. Even if this is your first offense a DUI is a general misdemeanor and will remain on your record for life in the state of Colorado.   Second DUI Offence Jail: Minimum 10 Days – Maximum 1 year Suspended Jail: 1 Year Fine: Minimum $600 – Maximum $1500 Community Service: Minimum 48 hours – Maximum 120 hours Probation: Minimum 2 years – Maximum 4 years The state of Colorado takes DUI offences very seriously, and if you have a second DUI offence the penalties are much harsher. In Colorado DUIs remain on your driving record forever, so even if your first DUI was 20 years ago and your second offence was today you would be considered a repeat offender.   Third DUI Offence Jail: Minimum – 60 days – Maximum 1 year Suspended Sentence: 1 year Fine: Minimum – $600/Maximum – $1500 Community Service:...

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Is It Theft, Robbery, or Burglary? – Infographic

Is It Theft, Robbery, or Burglary? – Infographic

By on May 14, 2018 in Blog |

Theft, Robbery or Burglary – What’s the Crime? Burglary, robbery, theft – these words are often used interchangeably. However, there are very distinct legal differences between the three terms. Although each term involves the unauthorized taking of someone else’s property, each of these terms defines a distinct crime. So what are the differences between the three? Theft Theft is the most basic of these three crimes. A crime is considered a theft when someone takes the property of another without permission with the intent to permanently deprive the person of that piece of property. Robbery Robbery takes the crime of theft one step further in order to complete the crime. The theft is accomplished by use of fear or physical force. For example, if you were walking down the street and someone tried to steal your backpack, and in order to get it off of your back they had to threaten you or harm you violently, this would be considered a robbery. Burglary Burglary is often confused with theft, however, this crime doesn’t actually mean that any property was stolen or intended to be stolen. Burglary is the act of an unlawful entry into a structure – such as a business or home – with the intent to commit a crime inside. It does not matter what crime you intend to commit inside, it could be any crime from theft to murder. You can be charged with the crime of burglary whether or not you actually were able to follow through with committing the crime inside the building so long as the intent was there. At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you need help finding your way and have been convicted of a DUI in Boulder Colorado, or are concerned with Drug Offenses, in need of Felony Defense or Misdemeanor Defense, please be sure to contact us immediately. We will hit the ground running to make sure you have the best Boulder Attorney and legal coverage possible! We’re Here to Help You Call Us Now ☎...

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Blood Alcohol Content: Know Your Limits – Infographic

Blood Alcohol Content: Know Your Limits – Infographic

By on Apr 4, 2018 in Blog, DUI Blogs |

Understanding Blood Alcohol Content The total ratio of alcohol to blood volume is known as blood alcohol content (BAC) Blood alcohol content is typically expressed as a percentage. Many factors influence BAC including: How fast you consume the alcoholic drinks Amount of drinks consumed Body weight Gender Body type If there is food in your stomach Medications you take     Standard Drink Sizes Different drinks come in different sizes, but contain roughly the same amount of alcohol. It’s important to understand what a standard drink size is so that you can accurately track how much you are consuming. A standard drink contains about 14 grams of pure alcohol. That same amount can be found equally in a regular beer (12fl oz – 5% alcohol), malt liquor (8-9fl oz – 7% alcohol), table wine (5fl oz – 12% alcohol), and a cocktail (1.5fl oz – 40% alcohol). Blood Alcohol Levels & Effects BAC Levels 0.0-0.05 – You will start to feel the effects of drinking, sleepiness can begin, you might feel relaxed, mild speech, memory, attention and coordination deficits begin to occur. 0.06-0.15 – Relaxation gives way to increasing intoxication. Some people may become aggressive or confused. Speech, memory, attention, balance and coordination are further impaired. There is a significant impairment of driving skills at this point. You are now at risk of injuring yourself and others. 0.16-0.30 – All driving related skills are dangerously impaired. Judgement and decision making are impaired. Vomiting and other signs of alcohol poisoning may begin. Speech, memory, attention, balance, and coordination are now significantly impaired. 0.31-0.45 – Loss of conciousness. Life threatening alcohol poisoning. Risk of death. Alcohol Poisoning Alcohol poisoning happens when you drink a large amount of alcohol in a short amount of time. This results in a toxic amount of alcohol in the body that leads to a high BAC. This can be a life-threatening situation as a person with alcohol poisoning can stop breathing. If you suspect someone has alcohol poisoning you should contact emergency medical services immediately. Colorado Laws & DUIs In the case of alcohol, the legal limit for an adult in Colorado is usually determined to be .08 percent (or higher) blood alcohol content (BAC). While...

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