The post Can you Rent a Car With a DUI on Record? appeared first on JB Katz, P.C..
]]>Car rental agencies typically conduct a background check on your driving history before approving rental requests. A DUI conviction is likely to appear on your driving record, and rental companies use this information to assess the risk associated with renting a vehicle to you. While many agencies will rent to you in that situation, others might impose stricter conditions, such as higher rental fees, mandatory additional insurance, or limitations on the types of vehicles available.
The ability to rent a car after a DUI conviction depends on several factors, including the policies of individual rental agencies, how long it has been since your DUI, and whether there are other traffic infractions on your record.
For example, the car rental company Avis allows individuals with a DUI on their record to rent a car as long as it was longer than 48 months (4 years) ago. Other companies refuse rentals to anyone with three or more traffic violations in the past two years.
Legal restrictions on individuals with DUI convictions can also affect their ability to operate a rental vehicle. For instance, if you are required to install an ignition interlock device (IID), renting a vehicle without one and violating these restrictions could lead to serious legal consequences.
Not all rental car companies conduct thorough driving record checks, and some may overlook past convictions. However, attempting to rent a vehicle in or out of state when you have a suspended driver’s license is not advisable. Engaging in this behavior not only violates legal regulations but can also lead to severe consequences.
If you have a DUI on your record and need to rent a car, it is in your best interests to be transparent with the rental agency about your situation. Some agencies might work with you if you provide additional documentation or meet specific conditions. Alternatively, you can explore other modes of transportation such as public transit, rideshare services, or seeking assistance from friends or family may be practical in certain situations.
Hiring a trusted Breckenridge DUI Defense Attorney can be instrumental in mitigating the long-term consequences of a DUI charge. Experienced DUI attorneys possess a deep understanding of the legal system. They can review the details of your arrest, scrutinize evidence, and identify potential legal defenses.
An attorney may be able negotiate with prosecutors to pursue reduced charges, plea bargains, or alternative sentencing options. Additionally, they can guide you through the administrative processes, such as license suspension hearings, and work to minimize the impact on your driving privileges. Perhaps most importantly, an attorney can provide crucial advice on how to handle court proceedings, ensuring that your rights are protected.
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]]>The post Different Degrees of Sexual Assault appeared first on JB Katz, P.C..
]]>This is the most severe charge and involves sexual penetration without consent or when the victim is incapable of providing consent due to incapacitation or impairment. Penalties for first-degree sexual assault are severe, often resulting in lengthy prison sentences.
This charge may involve sexual contact without consent, where force or threats are present, but it doesn’t meet the criteria for first-degree assault. It may also apply when the victim is physically helpless or incapacitated. Penalties for second-degree sexual assault are less severe than first-degree, but often still result in a prison sentence.
This degree typically involves sexual contact without consent but may not involve force or incapacitation. It also covers situations where the perpetrator knows that the victim is unable to give consent due to age or mental incapacity. Penalties for third-degree sexual assault are less severe than the higher degrees but can still result in significant legal consequences.
In Colorado, sexual assault encompasses a range of non-consensual sexual acts without the requirement of categorization into degrees. The focus is on whether penetration occurred, and the severity of penalties may vary based on factors such as the use of force, the involvement of date rape drugs, or other aggravating circumstances.
According to state law, “Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:”
This offense also applies when the victim is incapable of comprehending the sexual conduct, unconscious, under 14 years old with the defendant being at least 4 years older, or 15-16 years old with the defendant being at least 10 years older. Additionally, it encompasses situations where the victim is detained in a facility like a jail, prison, or hospital, and the defendant abuses their authority for coercion.
Unlawful sexual contact is defined as the following under state law:
“Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:”
The defendant knowingly touched the victim’s intimate parts or compelled the victim to touch their intimate parts with a sexual motive. This act is prohibited when the victim does not consent, is unable to comprehend the conduct, is unconscious or asleep, or is an inmate under the authority of the defendant in a prison, jail, or hospital.
The offense also extends to instances where the defendant employs date rape drugs, falsely claims to offer a medical treatment or exam inconsistent with reasonable practices, or intentionally induces a child under 18 to expose their intimate parts or engage in sexual contact for the defendant’s gratification, utilizing the same means listed for Sexual Assault.
Sentences for Sexual Assault vary based on the severity of the situation and additional aggravating factors, but the following are potential penalties.
For Unlawful Sexual Contact, a Class 4 Felony applies in cases of force, intimidation, or threat or during a deceptive medical exam, while a Class 1 Misdemeanor is the typical penalty, with both being “extraordinary risk” crimes subject to increased sentences.
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]]>The post Colorado Legal Use of Google Search Data in Court appeared first on JB Katz, P.C..
]]>A decision by the Colorado Supreme Court regarding the admissibility of evidence obtained from a warrant for Google’s search data has sparked debates about privacy, constitutional rights, and the potential implications for law enforcement practices.
The decision involved a case where authorities sought information from Google to identify individuals who searched for the address of a house involved in a fatal fire. While the court ruled in favor of the admissibility of the evidence in this specific case, concerns have been raised about the broader use of such warrants and their impact on individual privacy.
The Fourth Amendment, protecting against unreasonable searches and seizures, plays a pivotal role in evaluating the lawfulness of obtaining such data. Colorado’s Supreme Court decision acknowledged the sensitivity of Google search histories, recognizing them as windows into individuals’ private thoughts, but also underscored the importance of tailored and particularized warrants.
The legal landscape surrounding the use of Google search data is evolving, and challenges arise in defining clear constitutional boundaries. The court acknowledged the rapid advancements in technology and left the door open for future discussions on how to rein in law enforcement’s use of such evolving tools.
Dissenting voices within the court expressed concerns about potential misuse, citing examples related to broader search queries that could implicate individuals based on their online activities. Attention was also drawn to potential implications in the context of abortion rights. Keyword search warrants, coupled with geofence warrants, could be employed to prosecute women who obtain illegal abortions.
Here are potential defenses that individuals and their criminal defense attorneys may explore when challenging the admissibility or reliability of Google search data:
Arguing that the collection of Google search data violated the Fourth Amendment protection against unreasonable searches and seizures. This defense may be applicable if law enforcement obtained the data without a proper warrant, or if the warrant was overly broad, lacking specificity.
If law enforcement failed to demonstrate a reasonable belief that a crime had been committed or that the search data was directly relevant to an ongoing investigation, it could weaken the basis for obtaining the data.
Contesting the authenticity of the Google search data. This may involve questioning the accuracy of the data, the methods used for collection, and whether the data presented in court truly reflects the individual’s online activities.
Questioning the qualifications and credibility of any expert witnesses presenting or interpreting the Google search data. This defense may involve challenging the methodology used by digital forensics experts or data analysts.
Arguing that any evidence be suppressed as the use of Google search data infringes on an individual’s constitutional right to privacy.
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]]>The post Can I Get a DUI While in a Parked Car? appeared first on JB Katz, P.C..
]]>The key factor in determining whether you can get a DUI while in a parked car revolves around your level of control over the vehicle. If you are in the driver’s seat, have the keys within reach, and could reasonably operate the vehicle, law enforcement may consider you in control, leading to a potential DUI. Here are several scenarios that highlight the complexities of DUI laws in parked cars:
Factors such as the location of the keys, the individual’s behavior, and any admissions of intent to drive can influence law enforcement’s decision on whether to make an arrest for DUI or a judge’s decision on whether to convict.
While each case is unique, here are some potential defenses that individuals facing a DUI charge while in a parked car may explore:
If you can establish that you did not have the intent to drive the vehicle while impaired, it may be a valid defense. This could include providing evidence that you had a designated driver, arranged alternative transportation, or had no plans to drive until sober.
If the keys were not in the ignition and were, for example, elsewhere in the car, you may argue that you were not in control of the vehicle. The absence of the ability to quickly operate the vehicle can be a relevant factor in your defense.
If law enforcement lacked reasonable suspicion to stop your vehicle or conducted an unlawful search, evidence obtained during the stop can be challenged. Any constitutional violations could result in the exclusion of evidence, weakening the prosecution’s case.
Field sobriety tests are commonly used by law enforcement to assess impairment. However, these tests are not foolproof, and their accuracy can be challenged. Factors such as uneven terrain, weather conditions, or medical conditions may affect performance.
Eyewitness accounts or statements from individuals present at the time of the alleged offense can be crucial. They may testify to your sobriety, lack of intent to drive, or other factors that could undermine the prosecution’s case.
Challenges to the accuracy and reliability of chemical tests, such as breathalyzer or blood tests, can be part of the defense. Issues with the maintenance of testing equipment, calibration, or administration may be explored.
In any case, it is critical to consult a qualified Breckenridge DUI Defense Attorney. They can assess the specific details of your case and determine the most effective defense strategy.
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]]>The post Is it Illegal to Ask Somebody to Buy You Alcohol? appeared first on JB Katz, P.C..
]]>Colorado law prohibits the sale, purchase, and provision of alcohol to individuals under 21 years of age. This includes buying alcohol for someone who is underage, commonly referred to as “providing to a minor” or “contributing to the delinquency of a minor.”
Colorado has social hosting laws that hold individuals accountable for knowingly providing alcohol to minors in social settings or a place for underage individuals to drink alcohol. Violations of this law can lead to both civil and criminal consequences. Adults may face fines, community service, or other penalties, as well as liability for any injuries, property damage, or deaths that occur as a result of underage drinking. However, an underage person can legally consume alcohol if they obtain permission from their guardians and drink on their private property.
Violating these laws can result in legal consequences for both the adult and underage individuals, including:
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If you’re facing charges related to purchasing alcohol for a minor or violating social hosting laws, it is critical to consult a trusted Colorado Criminal Defense Attorney to discuss the specifics of your case. However, here are some potential strategies that might be considered to fight such charges:
If the accused can demonstrate that they were unaware of the minor’s age and had a reasonable belief that the individual was of legal drinking age, it may serve as a defense.
If the minor provided false identification that appeared legitimate and the accused reasonably relied on it.
If law enforcement induced or coerced the accused into buying alcohol for a minor in a way that they would not have done otherwise, it might be considered entrapment.
If there is no evidence that an actual transaction took place, then the accused did not complete the purchase of alcohol for the minor.
If there is a reasonable belief or evidence that the accused was not the person involved in the alleged act of buying alcohol for a minor, mistaken identity may be a valid defense.
If the accused believed they had the consent of the minor’s parent or legal guardian, it might mitigate the consequences.
Minors facing charges of being in possession of or consuming alcohol may consider various defenses depending on the circumstances of their case:
If law enforcement conducted an illegal search or lacked probable cause to stop and search the minor, evidence obtained during the search may be challenged in court.
If there is a reasonable belief or evidence that the minor was not the person involved in the alleged possession or consumption of alcohol, mistaken identity may be a valid defense.
If the minor can demonstrate a lack of intent to possess or consume alcohol, such as being unaware of the presence of alcohol or mistakenly thinking a substance was non-alcoholic.
If the minor had the consent of a parent or legal guardian to possess or consume alcohol, it could be a mitigating factor.
If law enforcement failed to properly inform the minor of their Miranda rights, any statements made during custodial interrogation may be inadmissible in court.
Completing a diversion program or alcohol education program may be a pretrial option for minors, leading to the dismissal of charges upon successful completion.
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]]>The post Common Crimes in the Winter appeared first on JB Katz, P.C..
]]>The extended hours of darkness and the fact that many residents leave for work or travel during the holiday season can create opportunities for theft and burglaries. Homes and vehicles become prime targets for thieves looking to take advantage of unoccupied spaces.
With the surge in online shopping during the holiday season, package theft becomes a prevalent crime. With the increasing volume of packages left unattended on doorsteps and in mailboxes, opportunistic thieves take advantage. The cold weather and early sunsets provide cover for these criminals, allowing them to operate more discreetly.
Cold weather prompts individuals to warm up their vehicles before driving, leaving them unattended and vulnerable to theft. Potential thieves may seize this opportunity, leading to an increase in stolen vehicles during the winter months.
The bustling holiday shopping season, marked by crowded stores and distracted shoppers, provides an opportune environment for would-be thieves to attempt shoplifting undetected. Additionally, the financial strains that often accompany holiday expenses may lead some individuals to resort to theft as a means of acquiring gifts or necessities.
Winter nights, with reduced visibility due to early sunsets, can offer cover for robberies. Darkened streets and fewer people out and about may make it easier for criminals to target individuals or businesses.
The stress associated with the holiday season, combined with extended periods indoors due to cold weather, can contribute to an uptick in domestic violence incidents. Increased family gatherings and financial pressures may exacerbate tensions.
Winter festivities often involve alcohol, and the holiday season sees an unfortunate increase in drunk driving incidents. Icy roads and snowy conditions can further amplify the dangers associated with impaired driving.
Winter brings an increase in holiday-related scams, including fraudulent charity schemes, fake gift card offers, and phishing emails. Criminals take advantage of the season’s generosity and busy online shopping activity.
Cold weather can lead to an increase in indoor gatherings, sometimes resulting in increased confrontations and assaults. Factors like cabin fever and seasonal affective disorder may contribute to heightened tensions.
If you find yourself accused or charged with any of the crimes mentioned, it is crucial to seek legal guidance promptly. An experienced Breckenridge criminal defense attorney can provide invaluable assistance by thoroughly examining the evidence, assessing the circumstances surrounding the alleged offense, and formulating a strategic defense tailored to the specific case. Additionally, they can guide you through the complexities of the legal system, ensuring that your rights are protected and advocating for the best possible outcome, be it a reduction in charges, acquittal, or an alternative resolution.
Our highly experienced Colorado Criminal Defense Attorney can protect your rights and build a strong defense on your behalf. Call (970) 453-5533 or reach us online to schedule a free consultation and explore the best course of action for your specific case.
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]]>The post How to Handle a Police Interrogation appeared first on JB Katz, P.C..
]]>Maintain your composure during the interrogation. Stay calm and avoid confrontations or arguments with the police. Emotional reactions can complicate the situation.
You have the right to remain silent. Politely and firmly state that you are choosing to exercise this right. You can say something like, “I invoke my right to remain silent” or “I wish to remain silent.” Once you’ve made this statement, avoid responding to further questioning and refrain from volunteering information. This can prevent you from making self-incriminating statements that might be used against you later.
Ask for an attorney immediately. Having legal representation is a fundamental right, and an attorney can guide you through the process and protect your interests. Attorneys from J.B Katz, P.C. are skilled in identifying and addressing any legal issues that may arise during questioning, and they can advise you on when to answer, when to invoke your rights, and how to handle various tactics employed by law enforcement.
Choose your words carefully. Avoid volunteering unnecessary information and stick to concise, truthful answers. Remember that anything you say can be used against you.
In a police interrogation, it is crucial to thoroughly understand the nature of questions before providing any answers. Take the time to carefully listen to each question and ensure that you comprehend it fully. If a question seems unclear or ambiguous, do not hesitate to seek clarification from the interrogator. By understanding the nature of the questions, you can provide accurate and concise responses, minimizing the risk of miscommunication or misinterpretation. This approach not only helps in maintaining clarity but also allows you to respond only to what is explicitly asked and avoid unnecessary self-incrimination.
You have the right to refuse a search of your person, vehicle, or belongings without a warrant. Clearly express your refusal, but do so without physical resistance.
If possible, document the details of the interrogation. This may include the names of officers present, the time and location, and any statements made. Such documentation can be valuable for your legal defense.
Law enforcement may use various tactics during an interrogation. These tactics can range from building rapport and using a friendly approach to more confrontational methods designed to elicit emotional responses. Be aware of your rights and do not be coerced or intimidated. If you feel uncomfortable, reiterate your right to remain silent and request legal representation.
While asserting your rights, also comply with reasonable identification procedures—for example, your name, address, date of birth, driver’s license, etc. Refusing to provide identification may escalate the situation.
If you did not request an attorney, consult a trusted Breckenridge Criminal Defense Attorney immediately after to understand your rights and potential legal consequences. They can advise you on the best course of action based on the specifics of your situation.
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]]>The post What Happens to a Juvenile Record When You Turn 18? appeared first on JB Katz, P.C..
]]>Under a Colorado law established in 2017, the juvenile record expungement process and waiting periods have been eliminated. Minors found not guilty, with dismissed cases, or those who completed sentences for low-level offenses (including petty offenses and low-level misdemeanors) now have their cases automatically expunged. The following individuals are eligible:
The court will initiate the expungement process by sending a notice to the prosecution, who, in turn, informs the victim. If neither the prosecution nor the victim objects, the record will be automatically expunged. However, expunged records can still be accessed if the juvenile is later charged with another offense. On the other hand, if either party objects, there will be a hearing, and the court will decide whether to expunge the record. A judge will evaluate whether the juvenile has satisfactorily undergone rehabilitation, as well as whether expungement is in their best interests and the community’s.
Previously, minors had to wait as long as five years before they could complete and file a legal petition to attend a court hearing and ask that their juvenile records be expunged. As a result, many juveniles failed to expunge their records due to this task’s complicated and daunting nature. The goal of Colorado’s new law is to give underage offenders an opportunity for rehabilitation without having a lasting impact on their adult lives.
Juvenile offenders not eligibility to have their records expunged include the following:
Following expungement, juveniles are legally permitted to deny the existence of a juvenile delinquency record related to the expunged matter. Furthermore, employers, educational institutions, landlords, and state and local government agencies are prohibited from mandating applicants to disclose information regarding expunged records.
Juvenile records that are not expunged can significantly influence an individual’s future by potentially affecting their educational and employment opportunities. Even though the juvenile justice system is designed to prioritize rehabilitation, these records might still be accessible to certain entities. Colleges, universities, and employers may inquire about juvenile offenses during application processes, which could lead to discrimination or hesitation in admitting or hiring individuals with a history of delinquency. Moreover, the stigma attached to a juvenile record might impact an individual’s ability to secure housing or participate in certain community activities.
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]]>The post Three Types of Witnesses in a Criminal Case appeared first on JB Katz, P.C..
]]>Eyewitnesses are individuals who have directly observed the alleged criminal act. Their accounts are often considered some of the most compelling forms of evidence, as they provide a firsthand narrative of what transpired. Eyewitness testimonies can offer crucial details regarding the sequence of events, the identification of the perpetrator, and the circumstances in which the incident occurred. However, while eyewitness accounts are valuable, factors such as stress, trauma, or memory distortion can influence the accuracy of their recollections.
Eligibility Requirements for Eyewitnesses
Eyewitnesses must be competent to testify, meaning they have the mental capacity to recall and accurately communicate their observations. In addition, they must be able to grasp an oath or solemn affirmation fully.
Unlike eyewitnesses, expert witnesses are individuals who possess specialized knowledge, skills, or qualifications in a particular field relevant to the case. These fields can range from forensics and medicine to technical or scientific disciplines. Expert witnesses are called upon to provide their professional opinions on specific aspects of the case. Their testimonies are invaluable in helping the court understand complex subjects that may be beyond the comprehension of the average juror. Expert witnesses serve as a bridge between intricate technicalities and the legal proceedings, offering clarity on matters that require specialized expertise. For example, for a DUI case, an expert witness may be a medical professional, able to review blood, urine, and breath test results.
Eligibility Requirements for Expert Witnesses
The eligibility requirements of an expert witness are stringent and center on their specialized knowledge and qualifications in a particular field relevant to the case. An expert witness must possess a high level of expertise, typically gained through formal education, training, and extensive experience in their specific area of expertise.
They should have a demonstrable track record of professional accomplishments and a deep understanding of the subject matter at hand. Courts often require experts to demonstrate their credentials and expertise before allowing them to testify.
Character witnesses provide insight into the moral and social standing of the individuals involved in the case. They testify about the reputation, general behavior, and character of the defendant or other parties. Character witnesses may be called upon to support claims about a person’s honesty, integrity, or propensity for violence. Their testimonies aim to give the court a broader perspective on the individuals in question. However, it is worth noting that while character witnesses can provide valuable context, their credibility can be subject to scrutiny, as they are often associated with the party they are testifying for.
Eligibility Requirements for Character Witnesses
Firstly, character witnesses should have a personal relationship with the individual whose character they are testifying about. This relationship could be familial, professional, or of a close personal nature. Additionally, character witnesses should have a reasonable basis for forming an opinion about the individual’s character. They must be able to provide specific examples or incidents that support their testimony. Finally, they must be willing and able to appear in court to testify if called upon.
In any criminal case, the combination of these three types of witnesses forms a comprehensive narrative for the court to consider.
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]]>The post Managing Stress During a Criminal Case appeared first on JB Katz, P.C..
]]>Establishing open and honest communication with your Criminal Defense attorney is crucial. They are your advocate and are there to guide you through the process. Ask questions, seek clarifications, and voice your concerns. They can provide clear explanations of the legal process, potential outcomes, and any challenges that may arise to alleviate any uncertainty and anxiety.
While everyone hopes for the best possible outcome, it is important to be realistic about what may happen. Your legal team will work diligently, but they can’t guarantee specific results. Trust in their expertise and be prepared for various scenarios.
You don’t have to go through this alone. Lean on your family and friends for emotional support. They can help alleviate feelings of isolation and offer perspective when emotions run high. A support system serves as a source of strength, reminding you that there are people who genuinely care about your well-being and are dedicated to standing by your side throughout the legal process.
Taking time for yourself isn’t a luxury but a necessity during such trying times. Try to prioritize adequate sleep, regular exercise, and a balanced diet. Engaging in activities that bring solace and relaxation is equally crucial. By attending to your physical and mental well-being it will bolster your resilience and also equip you to face legal challenges with greater clarity and fortitude.
If you’re finding it particularly challenging to cope with your criminal case, consider seeking out a therapist with experience in legal-related stress. Doing so can provide a safe and confidential space to process your emotions, develop coping strategies, and gain valuable support.
While it’s important to stay informed about your case, avoid obsessively researching or fixating on every detail. Trust your legal team to handle the complexities. Try to focus on things within your control and eliminate as many unnecessary stressors as possible.
Journaling provides a safe and private space for you to express your thoughts, emotions, and concerns without judgment or reservation. Putting pen to paper allows for a cathartic release, enabling you to process complex feelings and gain clarity on your experiences. As you document your thoughts and emotions, you may find that you’re able to let go of some of the weight you’ve been carrying.
Hiring an experienced, trusted, and skilled attorney is paramount for peace of mind. The right lawyer will be your dedicated advocate who will tirelessly fight for your rights and work towards the best possible outcome. This assurance allows you to focus on other crucial aspects of your life, knowing that your legal representation is in capable hands.
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