Refusing to submit to a field sobriety test in Colorado is legal. The questionability of these tests makes them unreliable, resulting in failed tests for more than one-third of individuals who take an FST. A closer look at the components of these tests gives a better understanding.
This test requires divided attention, requiring an individual to stand with feet together and hands by their sides. The instructions will be explained, and then the individual must raise a foot six inches off the ground, keeping both legs straight. Then, while gazing at the raised foot, an individual must count in thousands, starting from one thousand.
An officer will observe, looking for specific signifiers of intoxication, such as losing balance or putting the foot on the ground. The ability to complete this test and the others we discuss can be challenging or impossible when health, mental capacity, and even the environment during the test are compromised.
HGN refers to an uncontrollable or involuntary motion of the eyes in an individual when moving the eyes to the side. With feet together and hands at the side, an officer will ask the individual to follow an object only with their gaze while holding the head still. An officer will look for indicators of impairment, such as:
Alcohol or drug impairment is not the only cause of this uncontrollable eye motion. Other factors can contribute to this involuntary movement and are entirely unrelated to impairment, leading to errors in a DUI charge.
Environmental and health factors can significantly influence the results of an FST. These variables should be accounted for if an individual is arrested for DUI. Some of the contributors to nystagmus include:
These are only a few conditions that can contribute to a negative outcome in a field sobriety test.
This portion in the battery of tests requires a driver to perform mentally and physically by walking heel-to-toe a certain number of steps with arms at the side, turning a specific way, and taking the same number of heel-to-toe steps back. The officer administering the test will look for particular indicators of impairment, such as struggling to balance when instructions are given, the inability to walk heel-to-toe, stopping while walking, turning incorrectly, or any other failure to follow directions. While the inability to complete these tasks may indicate intoxication, additional factors may contribute to a person’s failure to follow the instructions, such as:
Documenting these issues is essential in fighting against subjectivity to this test. Each of the key components of a field sobriety test may be influenced by factors unrelated to sobriety. Documenting these incidents to fight a Colorado DUI is imperative to a more favorable outcome.
]]>How a person performs during a field sobriety test is a matter of subjectivity that is easily influenced and varies from officer to officer and for each driver. These tests lack the scientific data of other sobriety tests, which are still imperfect. Two officers can have completely different interpretations of a single performance based on personal bias and outlook.
A legitimate reason should exist for stopping and administering an FST. Your right to arbitrary searches and seizures is protected under the Fourth Amendment. Without probable cause and legal search procedures, a field sobriety test and any collected evidence should be inadmissible in court.
Without proper training, standardized testing procedures may not be followed, lending doubt to the credibility of the FST results. A DUI defense attorney in Colorado will review the officer’s training to ensure it meets the standards. Without standardization, a test is unreliable.
Something as simple as an earache can disturb your balance, making it impossible to complete an FST successfully. Any influence on a person’s health can get in the way of passing a field sobriety test. A few of those influences include:
A person’s health may compromise the movement required in a field sobriety test. When medical evidence supports a person’s inability to perform an FST, the test’s reliability can be challenged.
Taking a field sobriety test in the middle of winter in Colorado is nothing short of challenging, and a windy day in Colorado can send a driver off balance during a FST. These tests lack continuity, allowing for the influence of subjectivity.
Colorado has a diverse landscape and environment. Uneven terrain, wintery conditions, rain, and wind influence an FST. Many of these tests are performed on road shoulders on busy roadways where the amount of traffic can disrupt concentration.
Because this test plays a prominent role in enforcing DUI laws, the results should be free of extraneous influences. It may be that a driver’s clothing was ill-fitted to perform an FST that day. The type of shoes a driver is wearing can be a strong determinant in their ability to complete tests that require an individual to perform a one-leg stand test.
Expert witnesses relate the factors of a test and its outcome in a manner that allows jury members a complete understanding of the circumstances. Their experience in explaining challenging topics paints a complete picture for jurors, making their testimony priceless, often changing the course of a trial.
Multiple factors can challenge the credibility of a field sobriety test. These weaknesses and inconsistencies in testing can cast doubt on their accuracy, helping to lessen or alleviate the charges against a driver.
McAdams Law Office works relentlessly to protect your rights against inaccuracies in field sobriety testing to ensure a more favorable outcome. Schedule a free consultation to allow us to begin advocating for you.
]]>If you are being accused of committing a crime, it is natural to want to protect your rights, including your cell phone. The information within your cell phone could easily be misconstrued. It is important to understand your rights and know how to protect them if police attempt to search your cell phone. Otherwise, evidence obtained from your cell phone could be used against you in a court of law.
According to the United States Constitution’s Fourth Amendment, Colorado police only have the authority to search a cell phone if they have a warrant. If law enforcement officials access data on your phone without obtaining your consent or a valid warrant, your criminal defense lawyer may be able to get any charges against you dismissed or have the evidence obtained from your cell phone deemed inadmissible at trial.
Colorado police have the right to search people without a warrant and take possession of everything they may have on them, including backpacks, purses, cell phones, keys, and even wallets. However, these items are typically only taken due to concerns regarding the destruction of physical evidence or causing bodily injury to themselves or others. If police search these items without a warrant, they will have violated your Fourth Amendment right.
You are under no legal obligation to allow law enforcement to search your cell phone. Police may seize your cell phone upon questioning or being taken into custody, but they are not allowed to go into it or access any of your data unless they have a warrant or you give them permission to search your cell phone.
It is not usually a good idea to give your concern for a cell phone service. Even though you may be hoping to clear your name of the allegations against you and put this experience in the past, if you give the police permission to search your cell phone, they can access data that could be misinterpreted and used against you in court.
When you give law enforcement permission to search your cell phone, you are effectively waving your right to challenge the legality of the search, which could be devastating for your criminal case. Never agree to a cell phone search unless your attorney advises you otherwise.
Police do not have the authority to search your cell phone without a warrant. If you give your consent for a cell phone search, police do not need a warrant. However, it is seldom in your best interests to allow law enforcement officials to search your cell phone without approval from your criminal defense lawyer.
When you are being questioned, accused, or charged with a crime, take steps to protect your future. Connect with an experienced and aggressive Colorado criminal defense attorney from McAdams Law Office today. Schedule your confidential defense strategy session when you call our office or submit our secured contact form.
]]>According to Colorado law, under CRS 42-4-1301(2)(d), motorists under the age of 21 are prohibited from operating a vehicle when their blood alcohol content (BAC) level reaches .02%. If your child is charged with and convicted of underage drinking and driving (UDD) the penalties could follow them for the rest of their life.
The extent of these consequences will vary depending on whether they have previously been accused or found guilty of a prior UDD. These consequences could include:
Several potential defenses could be used to defend against UDD charges. First, your UDD lawyer will try to work with the prosecutor to get you entered into a pretrial diversion program. In doing so, you may be able to avoid some of the harsher penalties of a conviction if you can fulfill the requirements of your pretrial diversion program. When you do, the prosecutor will dismiss the charges against you or reduce them to a less serious offense.
However, if you do not qualify for a pretrial diversion program or the prosecutor is unwilling to work with you, we may need to consider your defense options. Some of the most common types of defenses seen in UDD cases include:
When your child is accused of underage drinking and driving, it is easy to panic. However, you must remain calm and take steps to help your child avoid the severe consequences of a UDD conviction.
A top-rated Colorado DUI lawyer with McAdams Law Office is here to help you defend your child’s reputation and protect their future. Schedule a confidential consultation today when you complete our secured contact form or call our office to begin working on your child’s UDD defense strategy.
]]>Law enforcement interactions have the potential to lead to an arrest, and failing to ask essential questions can be costly. Questioning tactics often pressure individuals to consent to searches when no evidence suggests the law is being broken. Becoming familiar with the following questions can ensure informed decisions are made under pressure and serve as a reminder that contacting a Colorado criminal defense attorney is imperative.
Being detained is not the same as being arrested. The most critical detail to remember is that individuals have the right to remain silent once they have identified themselves. When law enforcement suspects you have information on or are involved in a crime, they may detain you. However, these suspicions do not mean there is sufficient evidence or probable cause to arrest you in connection with a crime.
As mentioned before, interrogation methods are used to press individuals into admitting to crimes. Gathering vital information to prove someone’s connection with a crime is lessened when people exercise their right to remain silent. It is imperative to take these interactions seriously and contact a Colorado criminal defense attorney in Greeley immediately.
It can be unclear whether you are being detained or arrested, leading to confusion. If you ask and are not being detained, then determine if you are being arrested. Probable cause or an arrest warrant is needed to arrest someone legally for a crime.
It is imperative to remember that any admissions of possible wrongdoing can lead to an arrest. Every person has the right to legal representation and to remain silent until representation arrives. However, it is common to feel pressured to do otherwise.
Understanding the situation helps better prepare someone for a defense and to seek the proper representation. Everyone has the right to know the reason for being arrested and be made aware of what probable cause resulted in the arrest.
Being detained means no evidence exists to make an arrest. And if you are being arrested, you have the right to know why.
Law enforcement may request to search your property, but without probable cause or a search warrant, individuals are not required to submit to a search. Granting permission to search your property, even a cell phone, is legal consent, and anything discovered during the search can be used to arrest you for a crime.
Searches of property without a warrant or probable cause are illegal, and immediate contact should be made with an attorney to protect against further violations of your rights. These actions are serious offenses when committed by law enforcement.
It is a right that everyone can have a lawyer present when speaking with law enforcement. Contact an attorney immediately once you are released if an arrest occurred. Being convicted of a crime can cause significant disruption in your life, and requesting an attorney to be present during interaction with law enforcement is not an admission of guilt.
Working with knowledgeable Colorado criminal defense attorneys is investing in a better outcome for your future. McAdams Law Office understands the adverse potential of being charged with a crime and works relentlessly to defend residents’ rights in Greeley, CO, and surrounding communities against harmful practices during police interactions.
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Guilt by association results from knowing someone or being involved with someone who has performed an illegal action, whether you participated in the act or not. Being charged with a crime requires solid evidence that you were involved in illegal activities, and seeking the help of a Colorado criminal defense attorney can make the difference in a case being dismissed due to association fallacy or being convicted of accessory.
The law does not allow convicting a person of a crime simply for knowing someone or affiliating with an individual known for illegal activity, which is considered an association fallacy. So when can association lead to legal consequences?
For example, a friend asks to park a car in your garage to work on it out of the weather, leaving it there for some time. Later, this friend is arrested for the crime of hit and run, and you only become aware after he was arrested for a crime. In comparison, a friend asks to park a car in your garage because law enforcement may be looking for it after an incident occurs, and you decide it can’t hurt to have the vehicle in your garage because you played no part in the incident.
Allowing this action with the knowledge that a crime was committed can lead to charges of accessory to a crime. The difference in the two scenarios above is an act committed knowingly. Having no knowledge that a crime involving the vehicle had been committed, having an automobile parked in your garage is not a crime but often leads to guilt by association.
An individual becomes an accessory when assisting someone committing an offense by preventing or hindering the discovery of a person or their acts. When you are accused of a crime because of association, evidence must exist of actual involvement to be prosecuted. If you only know the person, then no crime has been committed.
Unfortunately, the legal system is not infallible, and guilt by association is based on the association fallacy or the belief that, because of the activities of one person, other individuals having association must commit the same actions as well. This can lead to false charges and imprisonment. Under the pressure of questioning, it can be simple to misrepresent harmless actions and relationships, making them appear criminal in nature. And questioning tactics are meant to produce results.
It is your right to have an attorney present when questioning occurs whether you were involved in a crime or not. But answering questions or volunteering information about associations with individuals without representation present can lead to dire legal consequences even when you had no part in a crime.
Being charged with a crime simply for knowing someone can lead to a conviction for a crime you had no part in. Tragically, this happens in Colorado, sending innocent individuals to prison. McAdams Law Office is dedicated to the defense of individuals convicted of crimes.
Innocence must be presumed until evidence proves otherwise. Our goal is to achieve the best outcome in every case and to have charges dismissed if you have been arrested due to guilt by association. Schedule a free consultation to discuss your case.
]]>Confusing the two words happens because they are used interchangeably in conversation, by organizations, and by legal entities. Let’s examine their definitions and the characteristics that set each action apart.
Using physical force to cause damage, harm, or to kill is violence. Violence is often sporadic and does not normally occur continually. Continued violence begins to resemble abuse. Anyone can commit acts of violence, and there are several common types of violence.
Domestic violence occurs in the home setting and is often referred to as family violence or domestic abuse. This action typically occurs between partners or people living in the same home. One individual in the domestic setting often performs acts intended to harm others in that environment, or multiple individuals act out against each other.
Violence is not gender-specific, and children, spouses, or older adults can suffer from this form of violence.
An act aimed at injuring, hurting, or killing someone is considered physical violence. Many actions can be categorized under this type of violence. Some of the actions that may equal physical violence include:
This list is not exhaustive of acts considered physical violence.
Any sexual act performed without consent is classified as sexual violence. This act does not have to involve a stranger and is often committed by a friend, spouse, coworker, or family member. Acts of sexual violence can take the form of:
Sexual violence is common and often happens early in an individual’s life. Anyone can commit sexual violence, but it is more commonly committed against specific groups of people.
Acts of abuse are actions performed over prolonged periods, often as a pattern, to maintain control and power over the victim, resulting in emotional and physical traumas experienced by the victim. These acts are often more commonly committed by individuals the victim has known for some time. Abuse can be characterized in many ways, such as:
Acts of abuse can be directed at anyone and performed by both men and women.
An evening out with friends may turn heated when friends are watching a ballgame, too much alcohol is involved, and a rival team’s fan sparks anger with their comments. Violence may ensue from the interaction and can result in misdemeanor or felony charges. The charge will depend on the act.
Abuse may take the form of child abuse or domestic abuse, happening over weeks, months, or years. Elder abuse, like a child and domestic abuse, can be characterized similarly in nature as the characteristics previously mentioned. Colorado’s stance against domestic abuse is staunch.
Individuals accused of violence or abuse in Colorado are innocent until proven guilty and deserve fair representation under the law.
McAdams Law Firm understands that charges of violence and abuse can have lasting impacts on a life. These charges are defensible and should be taken seriously.
Our Colorado Criminal defense attorneys treat each client with respect, working to build a solid and personalized defense in each case.
If you have been charged with a crime, schedule a free consultation so that we can understand your needs and explain how we are here to provide expert legal representation and ensure the best outcome in your case.
]]>DUI laws assume drivers consent to a breath or blood test when they get behind the wheel. This law is known as Colorado’s express consent law and allows drivers to choose between two testing methods when stopped for suspected DUI.
Drivers are not legally required to submit to a breath test. However, when a driver refuses the chemical breath test, they must submit to a chemical blood test. Both tests have pros and cons, and breath test evidence has come under scrutiny for its unreliability, allowing judges to throw out the results of a breath test.
If a driver blows negative on the breath test, then this will likely result in the driver not being detained, providing another advantage. However, law enforcement still has the right to charge a driver with DUI based on other criteria, such as driving performance and other external factors.
Refusing the breath test requires a driver to submit to a chemical blood test. Refusing a chemical blood test prevents proof of your blood alcohol levels registering over the legal limit. A knowledgeable DUI attorney can help fight the results of a blood test successfully.
Your life will be affected by a drunk driving conviction. But refusing a breath test and subsequent chemical blood test also has consequences. Let’s discuss what you may face.
Refusal to submit to DUI chemical testing comes with immediate consequences. Sometimes, out of fear, drivers make a choice that seems best but later suffer the ramifications of those decisions. Consequences include:
Both convictions of DUI and failing to submit to DUI testing are costly. Having a DUI case dismissed requires working with a Colorado DUI attorney with a successful record in Colorado DUI litigation.
Just because you refused a breath test and now face severe consequences does not mean a driver is defenseless. Each case is unique, and the circumstances that apply specifically to a driver’s case can be used as compelling evidence in a driver’s favor. A driver is innocent under the law until proven guilty.
Working with a Colorado DUI defense team possessing a unique perspective on DUI laws allows drivers access to the experience required to navigate DUI charges successfully and ensure the best outcome. DUI convictions can upend life, and McAdams Law Office relentlessly strives to minimize damaging consequences in the lives of Coloradans. A free consultation allows us to begin building your defense today.
]]>Because there is so much on the line, avoid heading into a courtroom decision related to your sentencing without an attorney you can depend on to fight for your best outcome. Our criminal defense team at McAdams Law Office will aggressively defend you and provide you with the guidance you need to petition the court for the most lenient of terms.
Every situation is looked at carefully to determine what type of sentence is best suited for it in the eyes of the law. Typically, there are some conditions in which probation is granted, including:
You may be eligible for probation instead of prison. Typically, all people who are defendants in a case are eligible outside of a few specific reasons. The following are some examples of those who do not qualify:
If your case falls in line with these expectations, it is not an automatic process. Instead, you need to work with the court to seek this type of support. To do that, it is best to have a skilled criminal defense attorney available who can direct you in navigating your rights. This includes not only handling paperwork but also providing you with guidance on your rights.
Your ability to obtain probation may rest in the attorney’s ability to show that you are not a risk to the public or that, in some way, you have already served punishment for the incident. When you hire a criminal defense attorney, he or she will head into a court of law to do this in a sentencing hearing.
Do you believe you should be given access to probation for the crimes you committed? Do you head into court without the legal support you need? That includes having an experienced and trusted criminal justice attorney available who can help you present your best case to the court.
We can do that for you. Contact McAdams Law Office now. Allow our team to provide a free consultation. We will be transparent and upfront about what you are facing. With over 20 years of experience, we are confident we can help you navigate this legal process.
]]>The right to petition the court to seal your record falls under Colorado Revised Statute (C.R.S.) 24-72-703, which outlines who is eligible to do so.
There are two options for doing this:
There are three steps typical in this process. The first step is to first obtain all copies of your police reports from the past. You then need to complete the appropriate form listed above and pay a filing fee (this is $65). Once you do that, you can submit your petition to the court and wait for a response.
Some types of Colorado criminal records can be sealed, but others cannot be. If you were convicted, the Colorado Bureau of Investigations will seal records depending on the circumstances in most situations. They will not seal them in situations such as:
It may be possible to have some types of felony convictions sealed in Colorado. That includes:
In situations of underage DUI, where the blood alcohol level is .02 but under .05, the court may expunge a record for those who are over the age of 21, have not had a second conviction, and have a closed case, and do not have a commercial driver’s license.
There are a lot of ways that your criminal record can impact your daily life, making it beneficial to have your records sealed. Your records could impact your ability to get and maintain a job, get affordable insurance, obtain some types of loans, and navigate financial resources.
At McAdams Law Office, we are committed to providing our clients with access to any and all legal representation they need. If you are unsure if you can have your records sealed in Colorado, allow us to take a closer look. Set up a free consultation to discuss your needs with our team.
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