Colorado Springs Criminal Defense Blog
Do I Need a Lawyer If I’m Innocent?
When faced with criminal charges for a crime they didn’t commit, many people believe that hiring a lawyer is not only unnecessary, but may be detrimental to their case. This is a dangerous notion that can often lead to negative consequences.
As soon as you or a loved one has become a suspect in a crime, it is imperative that you seek out the advice and counsel of a trained legal expert. Mistakes happen in our criminal justice system and while we are supposed to maintain the ideal of “innocent until proven guilty,” once the full weight of the legal system gets rolling against you, it can be very difficult to stop.
There are many reasons why a person might be falsely accused. Some examples include:
- Mistaken eyewitnesses
- Faulty forensic evidence
- False accusation
- Official misconduct
- False confession
Why You Should Get a Lawyer Early On
The earliest days of a police investigation are often the most important. This is when investigating officers will begin to gather evidence to build their case. This initial investigation will likely include an attempt to interview a person—and this in turn will form law enforcement’s conclusion(s) about what has occurred.
An interview given early in an investigation can be hard to overcome later on. That’s why it is a mistake for you to assume that the truth will win out if you take a “wait and see” approach. Rather, if you find that you are suspected of a crime that you didn’t commit, it is imperative that you act quickly to make sure these suspicions do not lead to mistakes by the police department that will only become more complicated as the investigation continues.
How the Innocent Can Be Found Guilty
Numerous studies have pointed out that eyewitness testimony can often be unreliable. The reasons include faulty memory, poorly administered identification lineups, and institutional bias. According to the Innocence Project, “Eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing nationwide.”
Faulty forensic evidence is another contributor to false convictions—and it can be particularly damning. This is when police and prosecutors rely on questionable and unreliable forensic techniques, misapply forensic science, or exaggerate its reliability in court testimony.
There Is Help Available
No matter what your particular circumstances are, if you have been charged with, accused of, or even suspected of a crime, you need to take immediate action to ensure that the situation doesn’t worsen. Don’t hesitate because you are worried how hiring a criminal defense lawyer might look. You need to do everything in your power to protect yourself. Our team at The Bussey Law Firm, P.C., lead by Timothy Bussey, can help protect your constitutional rights when you are facing criminal charges. Contact Timothy R. Bussey at The Bussey Law Firm, P.C. today by calling (719) 475-2555 and scheduling a free consultation.
Do I Need a Lawyer If I’m Innocent?
When faced with criminal charges for a crime they didn’t commit, many people believe that hiring a lawyer is not only unnecessary, but may be detrimental to their case. This is a dangerous notion that can often lead to negative consequences.
As soon as you or a loved one has become a suspect in a crime, it is imperative that you seek out the advice and counsel of a trained legal expert. Mistakes happen in our criminal justice system and while we are supposed to maintain the ideal of “innocent until proven guilty,” once the full weight of the legal system gets rolling against you, it can be very difficult to stop.
Do I Need a Lawyer for a Misdemeanor?
Most people don’t hesitate to contact a lawyer when they’ve been charged with, or even suspected of, a felony crime. But when it comes to misdemeanor charges, there are many defendants who do not realize that having a lawyer can be nearly as important.
If you or a loved one has been charged with a misdemeanor in the state of Colorado, it would definitely be a mistake to underestimate the seriousness of your situation. Misdemeanors in Colorado can be punished, in some instances, with a jail sentence of 24 months. Additionally, a seemingly small matter may result in lifelong consequences, including the loss of an individual’s right to own and/or possess firearms.
There are three categories of misdemeanors, ranging from class 3, the least serious, to class 1, the most serious. Let’s take a look at the typical crimes that lead to misdemeanor charges.
Colorado’s THC Impaired Driving Law
When Governor John Hickenlooper signed House Bill 1325 into law in 2013, it established minimum levels of THC, or “tetrahydrocannabinol,” the active ingredient in marijuana, in one’s blood for them to be considered Driving Under the Influence of Drugs (DUID). Under the law, a driver whose THC level exceeds five nanograms of active THC per one milliliter of blood is considered to be driving while “stoned.”
House Bill 13-1077 Brings Changes to DUI Laws
The passing of House Bill 13-1077 was instrumental in changing Colorado’s DUI, DUI per se, and DWAI laws. This bill allows drivers who face having their licenses revoked to challenge the validity of the police officer’s initial contact with them. In other words, a law enforcement officer needs probable cause to pull you over. If the officer didn’t have probable cause, you can raise that issue as a defense at your driver’s license revocation hearing. The hearing officer can take this into consideration while making their decision about whether or not to revoke your license.
Understanding the Colorado DMV’s Role in Drunk Driving Charges
The State of Colorado takes the crime of impaired driving very seriously. If you end up being charged with Driving Under the Influence (DUI), the Colorado Department of Motor Vehicles (DMV) has the option of suspending your driving privileges. But, with the help of an experienced Colorado DMV defense attorney, you may be able to keep your driver’s license so that you can go to your job and earn a living.
Can a Criminal Mischief Charge Hurt College Applications?
Over the course of the past few decades, the college application process, and higher education generally has become increasingly more competitive. Colleges and universities have increased their screening of applicants to include criminal background checks on prospective students in making admission decisions. This increase in screening could mean that a childish mistake at a young age could have larger ramifications down the road. If your son or daughter is facing prosecution for any criminal offense, even what may seemingly be a minor offense for property damage, it would be prudent to first contact our team at The Bussey Law firm to discuss your child’s legal situation.
Timothy R. Bussey Named Top Attorney Once Again
Every year that the Colorado Springs Style Magazine has conducted a poll of local attorneys, Colorado Springs attorney Timothy R. Bussey has been voted a Top Attorney by his peers in the legal profession. Mr. Bussey has been awarded the honor of Top Attorney in two separate categories in 2017, both DUI defense and criminal defense areas of practice. These high honors are the result of opinions registered by the approximate 1,100 licensed attorneys currently operating in El Paso County who were invited to participate in the survey. Once nominated, each attorney was carefully evaluated on the basis of legitimacy of license, survey results, and their contemporary standing within the legal community. No attorneys, of any kind, were allowed to pay to be included in this elite group.
If I Am Arrested For Domestic Violence, When Will I Get Out of Jail?
If you or someone close to you is facing a domestic violence allegation in Colorado, it is an incredibly stressful situation. Once law enforcement is involved there are a couple things that you should know. This blog will detail the beginning stages of what happens when a domestic violence allegation is leveled at a person.
Will I Get Arrested?
This is a common question that we are asked here at The Bussey Law Firm. The short answer is: yes. Colorado law has a mandatory arrest provision in its law for allegations that are domestic violence in nature. Pursuant to C.R.S. § 18-6-803.6(1), when a peace officer believes he or she has established probable cause that a crime has been committed and that the crime was committed as an act of domestic violence as defined by C.R.S. § 18-6-800.3(1), the officer shall arrest the person suspected of the offense.
Blood Tests in Colorado DUI Cases
If you have been arrested for Driving Under the Influence (DUI) in Colorado, you most likely were given a choice between a blood test and a breath test. The third option that can occur is that a person can refuse a chemical test altogether.
If you elected a blood test it may be helpful for you to understand a little bit about blood tests. The first important point is that unlike a breath test, you will not know the results of your blood tests for some time. The blood must be shipped to a Colorado state certified laboratory for analysis. It will only be after the blood is analyzed that you will be made aware of the results.