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Breckenridge Criminal Defense Law Blog

Self-defense and a reasonable fear of harm

If you are considering self-defense as a counter to assault charges, it is important to understand exactly what makes a physical altercation permissible as self-defense. One of the key components is a reasonable fear that someone else is going to do you harm.

In some cases, this is obvious. If someone strikes you during an argument, any fear you have of a physical assault is justified because it already happened. If you defend yourself, there is a good chance any charges against you will not stand.

What substances do people get addicted to most often?

Addiction and drug crimes often go hand in hand. The disease of addiction can be incredibly hard to break without professional medical assistance.

Treatment, some argue, can solve a lot of the drug crime issues in the United States more effectively than other methods of punishment. If someone has to pay a fine or even spend time behind bars, they may get out and still be addicted to the substance that got them in trouble with the law. When they get arrested again, it's not because they didn't learn, but because they're still sick. No one treated the addiction.

When heroin impedes your ability to enjoy life

Colorado is not isolated from the many emotional, physical and legal problems sparked by heroin. While this state is known for its leniency regarding certain drugs, you're likely aware that heroin, in all its forms and uses, remains illegal throughout the nation.

If prosecutors charge you with a crime in connection with manufacturing, possessing, buying, selling or using heroin, you risk severe penalties, if convicted. If you, your spouse or other loved one is currently facing substance abuse problems associated with heroin, you'll be glad to know there are support systems in place to help you overcome your problems.

Most false convictions start with eyewitnesses

False convictions put innocent people behind bars. They're one of the worst mistakes the court system can make, and the whole system is designed to avoid them. However, they still happen.

In most cases, the reason is that an eyewitness makes an inaccurate statement. This was found in a full 75 percent of these false convictions.

Man gets DUI charges after accident on 'expert-only' road

A man from Colorado is now facing DUI charges after he was involved in an accident out on Black Bear Pass. That road, which stretches from Silverton to Telluride, is a dangerous mountain road that has a lot of steep edges and narrow areas. It is considered a high-clearance road for four-wheel drive vehicles and expert drivers.

The man was behind the wheel of a red Nissan Xterra, which is an SUV. He is 28 years old. According to witnesses who saw the accident and later talked to the police, he was driving recklessly, even on such a high-risk stretch of road.

Alcohol can cause marital problems, legal problems or both

Are you an occasional social drinker? Perhaps you enjoy having a nice cold beer or glass of wine when you meet up with friends for a game of cards or to go to a sporting event in your town. Then again, maybe you consume alcohol several times a week as part of your usual routine whether you're at home or out on the town. If you're age 21 or beyond, Colorado law allows you to do that, provided you are not under restriction because of a criminal sentence.  

You might also be one of many people in this state and others who are currently struggling with alcohol addiction. If so, there are many support resources available to help you overcome your substance abuse problem, although it's up to you to reach out for help. No matter which of the descriptions here best fit your situation, studies show that, not only can alcohol lead to legal problems, it can wreak havoc on a marriage as well.

Should you comply if Colorado police request field sobriety test?

If you're like most Colorado drivers, you'll likely experience a traffic stop at some point in your driving career. Perhaps you've already had to pay a fine or two in the past for traveling a bit over a posted speed limit or some other minor infraction. If a police officer pulls you over, it's understandable your stress level will immediately rise. In certain circumstances, such as if the officer asks if you've been drinking, fear might set in as well.  

A common way police try to determine if they have probable cause to make a drunk driving arrest is to conduct field sobriety tests. This involves a verbal request for you to do so and your verbal compliance as well. The question is: Should you comply? This post provides information that may help you determine a best course of action if you find yourself on the side of a road with a police officer waiting for you to answer yes or no in response to a request for you to take a field sobriety test.

Study claims you probably commit 3 daily felonies

You think of yourself as a law-abiding citizen. You never knowingly break the law. You do not mind the rules. You are respectful to police officers. When you read about other people getting arrested, you just shake your head, unable to believe it.

Many people feel this way, but some experts believe the feeling is not really accurate. One study claims that the average American accidentally and often unknowingly violates federal law three times every single day. Getting arrested for any of those infractions, even if you did not know that what you did was wrong, could lead to felony charges.

Man gets probation and work-release after DUI accident

Back in December, a man in Colorado was arrested after reportedly driving drunk and hitting a cyclist. Reports show that he apparently drove away from the accident scene. He is 42 years old.

It took until now for that man's sentence to be handed down, and it is a great example of how many options you may have if you face arrest.

Facing trafficking or possession charges in Colorado?

Many situations in life can have long-lasting negative repercussions. Facing drug charges is definitely one of them. Whether you are among thousands of others in Colorado who struggle with drug addiction or have made some poor choices and became involved with activities you later regretted, or you believe you've been the victim of a serious misunderstanding, if a police officer arrested you, it's critical that you seek clarification of possession and/or trafficking laws.  

The more you know about such laws, the likelier it may be that you can mitigate your circumstances. No secret solution guarantees your ability to avoid conviction. However, doing so is often only possible if you understand your rights and know how to protect them. If evidence exists to show you could not possibly have committed the crime that prosecutors have accused you of, you'll want to discuss the matter with someone well versed in drug possession and trafficking laws who knows how to present such evidence to the court.  

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