The Fifth Amendment to the US Constitution is an important amendment in terms of criminal defense. The amendment is of particular significance because it forbids “double jeopardy,” guarantees the defendant’s right to a Grand Jury, and protects the accused from self-incriminating. This amendment requires following the due process of law in any criminal trial where the proceeding denies “life, liberty, or property.” Hence, it is necessary to be followed in any criminal case where the arrested individual can be potentially imprisoned. Miranda Rights – An Overview Miranda Rights has acquired serio ..read more

The differences between state and federal crimes may be quite complex. Due to the overlapping of several laws in the criminal sphere, many courts are sometimes engaged in a huge debate about what venue to prosecute a crime. Federal crimes are offenses that are described by the United States Code, which is a document of laws that have been passed by Congress. On the other hand, state crimes are offenses that are described by the criminal codes of different states. State crimes violate the laws of the state or any local city or town. By contrast, federal crimes violate the federal statutes laid ..read more

During the holiday season, you were are at a party ushering in the New Year with your friends and family. Nothing could be better than participating in the festivities with your loved ones, right? However, a set of people celebrating with too much vigor in the same bar seem to be getting rowdier by the hour. Alcohol has a way of bringing our most intense emotions to the fore. As you too were with a group of equally drunk people, one thing led to another, and you found yourself in the middle of a full-blown bar fight. We all know how quickly these bar fights escalate, and soon you find yourself ..read more

Field Sobriety Tests, or FSTs, is the name given to a battery of subjective exercises promulgated by the NHTSA (National Highway Traffic Safety Administration) that ostensibly help the police officers to guess if a driver is impaired. While the name makes them sound clinical and official, these tests are among the most contentious elements of a DUI stop. Standardized Field Sobriety Tests (SFSTs) The three NHTSA validated tests that constitute the Standardized Field Sobriety Tests are: The Horizontal Gaze Nystagmus Test: involves determining eye movement reaction through following an object, s ..read more

A citation for drunken driving, whether on the charges of DUI, DWI, or DWAI, will significantly affect your premiums and raise your car insurance rates for up to several years. Getting a single DUI could result in you ending up paying more than double the premium for your insurance coverage. We found that a single DUI, on average, may raise car insurance premiums by 72 percent. A driver convicted of DUI is deemed a greater risk to the safety of other road users as well as themselves, resulting in a steep increase in the insurance rates. Regaining your driving privileges could also become a com ..read more

Under Colorado law, you are prohibited from driving a motor vehicle while you are drunk or under the influence of drugs or any other controlled substance. The penalties for a DUI conviction include jail time, fine, license suspension, and probation – even if you are a first-time offender. The consequences of a DUI conviction can be far more serious for licensed professionals. Apart from the aforementioned penalties, you could also lose your professional license, which can put your career at risk. Impact of a DUI Conviction on Your Professional License Commercial Vehicle Drivers If you drive a ..read more

If you are facing DUI (driving under influence) or DWAI (driving while ability impaired) charges in Colorado, it is likely that you will be offered a plea deal by the prosecution. While the possibility of avoiding the hassles of a trial might sound tempting to you, you should never, ever agree to a plea deal without consulting an experienced Colorado DUI attorney. Why You Are Likely to Be Offered a Plea Deal in a Colorado DUI Case Colorado’s criminal justice system is overburdened with a litany of cases, many of which tend to drag on for several months or even years. So, prosecutors in Colorad ..read more

An Article 15 or “nonjudicial punishment” (NJP) refers to a form of administrative discipline that commanders may use to address Article 15 alleged transgressions of the Uniform Code of Military Justice (UCMJ). In case of minor violations of the UCMJ, commanders must decide whether to offer an Article 15 or recommend the case for court-martial. If you are offered an Article 15, you will be read the charges levied against you by your commander. After that, you will be presented with the limited amount of proof that the Government holds against you at the time. You will then have the opportunity ..read more

We have all seen numerous television shows that portray how law enforcement agencies conduct covert investigations. The idea of being a subject of real-life federal or state criminal investigation might seem far-fetched to most people, but it is not as uncommon as you might think.  If you find out that you are under scrutiny by law enforcement agencies, it is very important for you to initiate measures to safeguard yourself. Not all investigations lead to criminal charges, but you must seek legal counsel to understand your rights under the circumstances and the recourse available to you u ..read more

The prosecution’s case against a defendant charged with a DUI in Colorado will hinge on the strength of the evidence. More specifically, the prosecution will have to prove whether the BAC level of the defendant was above the legal limit when they were pulled over. Two types of chemical tests are used to assess a motorist’s BAC level, which include a blood test and a breath test. A urine test may also be administered in rare cases. If you face charges of driving when drunk after failing on any of these tests, it is crucial to be aware that you may still be able to avoid a criminal conviction. I ..read more