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Boulder Colorado Law Advice Blogs

<p>Read the Boulder Colorado Law Advice blog archives of The Clark Law Firm to find out noteworthy legal news and stories in Colorado and how they affect you.</p>

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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Can I Get a DUI for Taking a Prescribed Medication?

Can I Get a DUI for Taking a Prescribed Medication?

By on Apr 9, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Most people think of DUIs as being for those driving drunk or under the influence of drugs like marijuana. While that is true, you can also get a DUI for driving under the influence of prescription drugs. Though it isn’t illegal to take medications prescribed to you by a doctor, if they impair your ability to safely operate a vehicle, you may be pulled over and issued a DUI. A DUI Covers Driving While Impaired from Any Substance A DUI can cover any type of impairment from a substance, whether alcohol, drugs, or prescription medications. If you show signs while driving that you cannot safely operate your vehicle, a police officer is likely to pull you over to check your wellbeing and sobriety. On the side of the road, if the officer believes you seem under the influence, he will likely request a test to check your sobriety. Police Officers Will Look for Certain Signs Before Pulling You Over When patrolling, officers will look for certain behaviors from drivers that may indicate they’re driving under the influence of drugs or alcohol. Some of these signs include weaving on the road, driving too fast or too slow, or delayed reaction times. If they notice one or more of these, they will likely pull you over so they can assess your condition. Face-to-face, they will look out for signs you are slurring your speech or the smell of alcohol or drugs on your breath or in your car. It Will Involve Either a Breath Test or Blood Test If the officer pulling you over decides you do not appear sober, they will ask to administer a sobriety test. This could be a roadside breathalyzer test or you may go back to the station for a breath or blood test. If they suspect a substance other than alcohol, you will likely be asked to take a blood test, as breath tests only work for alcohol. Many Prescription Medications Inhibit Your Driving While prescription drugs are serving a purpose, such as pain medication, they also can impact your mental capabilities. It’s important to consult with your doctor, read the label on your medication, and pay attention to changes in your behavior and abilities....

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Why You Should Not Give a Breathalyzer During a DUI Pullover

Why You Should Not Give a Breathalyzer During a DUI Pullover

By on Mar 3, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

As soon as you’re pulled over after drinking, start preparing for how you will respond to the officer. Anything you say or do can be added to the officer’s report about the incident and used against you. Hiring a DUI attorney should be at the top of your list once you’re able, but you won’t have the guidance of a lawyer when you’re still on the side of the road. First of All, Know Your Rights A lot of people don’t fully understand their rights during a pullover. It’s easy to get nervous as soon as you see the flashing lights behind you and do whatever the officer says. However, you do have rights and can refuse to comply with certain requests in the moment. You Can Refuse a Field Sobriety Test If the officer who pulled you over suspects you are intoxicated, they will likely request a sobriety test. Most people are likely to comply with this because they don’t think they have a choice – but that’s not true. Just as you can refuse to let the officer inspect the inside of your car, you can refuse to take a sobriety test or disclose any information that may incriminate you later on. You Don’t Have the Right to an Attorney Before Taking a Sobriety Test At the same time, you don’t have the right to an attorney before taking a sobriety test, even if you do not take the test on the side of the road. Once you are taken to the police station, you will have to choose a sobriety test to take before you’re able to call a DUI lawyer. Furthermore, refusing to take a formal sobriety test before getting an attorney will likely result in revocation of your driver’s license, so it’s in your best interest to go ahead and take some sort of sobriety test. A Field Sobriety Test is Different from a Formal Breathalyzer Test Not all breathalyzer tests are made the same. Knowing the difference in advance can help you down the road once you are building your DUI defense with a criminal lawyer. While making the wrong choice won’t necessarily ruin your case, making the right choice can potentially help...

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DUIs and Marijuana: What You Need to Know

DUIs and Marijuana: What You Need to Know

By on Feb 4, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

In the state of Colorado, marijuana is legal. That can make it confusing as to when it is and is not okay to be under the influence of marijuana – or be actively smoking or otherwise ingesting it. The fact is, even in Colorado, it’s possible to get a DUI for driving while under the influence of marijuana. Just like with alcohol, it may be a legal substance, but it does still impair your ability to safely operate a vehicle. What are the Laws in Colorado? Both medical and recreational marijuana is legal in Colorado, but public consumption is not. That means you can consume marijuana in any form while you are at home or any private residence, but not in public places such as sports or entertainment venues, restaurants, and public transportation. The laws around driving while under the influence of marijuana are also similar to those around driving drunk. Both alcohol and marijuana impair judgement, response time, and therefore a person’s ability to drive safely. That means if an officer suspects you’re driving while drunk or high, they may pull you over to determine your sobriety. What is the Legal Limit for Marijuana? Unlike with alcohol, however, there is no “legal limit” for marijuana by which an officer or judge can say you are too stoned to drive. This means there is a legal grey area when you’re hit with a marijuana DUI. If your DUI blood test shows 5 nanograms or more of THC per milliliter of your blood, that may be enough for a judge and/or jury to convict you of a marijuana DUI. Penalties Involved for a DUI of Marijuana are the Same as Alcohol If it’s decided that there is enough evidence you were driving under the influence of marijuana and therefore were not able to safely operate your vehicle, there are potentially serious repercussions. These include a fine, jail time, loss of your driver’s license, restricted driving once you get your license back, and increased insurance costs. If at all possible, it’s best to hire a Colorado lawyer to defend your case and help minimize the repercussions. What Will an Officer Look for Before Issuing a DUI of Marijuana? Before pulling you...

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