Colorado Attorney Search Blog

IMPORTANT INFORMATION CONCERNING APPLYING FOR A COLORADO DEPARTMENT OF MOTOR VEHICLE HAERING AFTER A DUI ARREST

nickhantge — Fri, 21 Aug 2009 19:13:27 +0000

Written by: Bill Peters , Denver Attorney

As of January 1, 2009, Colorado law requires that an individual arrested for a DUI apply for a Department of Motor Vehicle hearing following an arrest for DUI when the individual either

1) refuses to take a chemical analysis of his blood or breath or

2) submits to the chemical test and has a blood alcohol level in excess of .08.

The hearing must be requested within seven (7) days of the individuals arrest or the license revocation will go into effect immediately. The length of the revocation depends on several factors including: if you refused to take a test; your blood alcohol level; and, whether or not it is your first offense. It is important to note that should you fail to apply for the hearing within the seven day period, your license will be revoked regardless of whether you prevail on the DUI charge in Court. In other words, you will lose your right to drive even if you are found not guilty in Court.

While you may apply for the hearing in writing by mail, it is advised that you go to the Department of Motor vehicles to apply for the hearing in person. If you mail your request and the Department does not receive it in time, you will not be granted a hearing and the license revocation will go into effect on the seventh day. No excuses will be accepted by the Department.

When you apply for the hearing, you will be asked a series of questions the most important being do you want the arresting officer present at the hearing. The answer to this question is yes. If you say no, then the officer will not be at the hearing and there will be no opportunity for you or your attorney to ask the officer questions concerning the arrest which may result in you not losing your license at the hearing.

If you elect a blood test, the results of the test will not be available at the time of your arrest. In that case, the arresting agency has your blood sample tested and if the result is in excess of .08 then the Department of Motor Vehicle is notified. The Department then sends you a certified letter to the last known address on record with the Department. If the address on your drivers license is not your current address, then you need to change your address with the Department immediately following your arrest.

It is the responsibility of an experienced Denver DUI attorney to protect your rights throughout the process. Please call the Law Office of William Peters at 303-321-8200 if you have any further questions

You Need to Hire a Criminal Defense Attorney

admin — Fri, 14 Aug 2009 21:49:35 +0000

At a criminal defense trial, the accused person does not have to prove anything; the entire burden of proof is on the prosecutor. The prosecution must show that, based on all the evidence, the defendant’s guilt is established beyond a reasonable doubt.

If there is any reasonable doubt that a criminal defendant did not commit the crime with which he or she has been charged, then the verdict must be “not guilty.” Note that giving a verdict of “not guilty” is not the same as stating that the defendant is innocent; it merely means that not enough evidence was properly presented to the court to prove guilt beyond all reasonable doubt.

Courts have complex rules about what types of evidence may be presented and how the evidence may be brought out in criminal cases, especially in jury trials. These rules are designed to ensure that evidence presented at trials is relevant, reliable and not prejudicial against the defendant. If you are a defendant in a criminal case, you need a Denver Attorney to interpret these rules, and to ensure that they are enforced.

(Source: “West’s Legal Environment of Business,” Fourth Edition)

Peters & Associates

admin — Wed, 12 Aug 2009 21:51:19 +0000

Peters and Associates is the newest member of Colorado Attorney Search!

Bill Peters has practiced law in the State of Colorado for over twenty five years. He has practiced in all municipal, county and district courts throughout the State. Bill started his legal career as a clerk to the Chief Justice of the Colorado Supreme Court where he was very involved in the State’s most complicated and significant legal cases. During his career as a private criminal, immigration and DUI defense lawyer, he has handled and tried a wide range of state and federal criminal cases in Colorado. His trial experience, along with a personal commitment to his clients, combine to offer the prospective client competent representation in a supportive, hands-on environment. As a defense attorney, his philosophy is grounded in the strong belief that his clients should be fully informed about every aspect of their case as it progresses.

So you’ve been injured… What now?

admin — Wed, 12 Aug 2009 21:45:11 +0000

Everyday, thousands of Colorado residents fall victim to different forms of personal injury. Whether it’s a car accident, or simply someone slipping and falling on the job, people often need legal representation. Finding a Colorado personal injury lawyer and filing lawsuits can be an intimidating process, so here are practical legal answers to some of the most frequently asked questions we hear from victims.

1. “What types of injuries do I need a personal injury lawyer for?”

– Depending on the circumstances, one can seek legal representation for injuries ranging from car accidents, work accidents, dog bites, food poisoning and medical malpractice to injuries resulting from negligence, inadequate security, or even defective products. There have even been cases based on the intentional infliction of emotional distress. If you are injured, whatever the circumstances, its better to seek the counsel of a personal injury lawyer to see if you can be compensated for your accident.

2. “How Do I choose the right Attorney for me?”

– The most comfortable way to select an attorney is through personal referrals through friends or coworkers. However, that is not the best way to select your legal representation in Colorado. There are many attorney search resources out there. Besides the obvious method of seeking out advertisements, you can look through online directories, and also attorney finder websites. The good thing about online directories and search sites is that there are reviews from actual clientele.

3. “How much will this cost me? Are the fees hourly?”

– Fees for personal injury lawyers vary depending on the attorney. Most personal injury attorneys do not charge an hourly fee for their time. Normally, an attorney in a personal injury case will charge the client a percentage of the settlement that is attained, if any, at the end of the case. This is called a “contingency fee” because it is contingent upon the ultimate outcome of the case. There is no fee unless you win your case.

4. “I’m on a limited budget, where can I find a cheap lawyer without sacrificing quality?”

– The best way to compare attorneys of all different specialties, regions, and costs is to use the Internet. Use a search engine, local directory, or even better, a Denver attorney finder site. This way, you can find a lawyer in the Denver Metro area, with the right expertise, and the right fees to meet your personal injury law needs.

If you have been injured, and think that you might be entitled to some compensation, visit the web for Denver attorney info. There is great information on all different aspects of law in Denver including personal injury law. When looking for a personal injury lawyer in Colorado, visit Colorado attorney Finder. Hopefully, these answers and resources will be helpful in meeting your Colorado legal needs.

(source: So you’ve been in an accident, now what? by Cuppett)

Preparing for the big day: Going to Trial

admin — Wed, 12 Aug 2009 21:38:22 +0000

If your Colorado personal injury case must go to trial, it becomes very important to prepare properly and to have a good personal injury lawyer. For most clients, especially those who have never been to court before, the weeks leading up to the trial date can be scary. During this time, your attorney will be making final preparations for the trial. This includes things such as sending subpoenas to witnesses, preparing exhibits, preparing trial notes such as opening statements and closing arguments and questions to ask the witnesses.

In addition, your attorney will probably want to begin preparing you for your testimony. Some of the things that your attorney might have you do, is to read your deposition transcript and also perhaps the deposition transcripts of the defendant and other witnesses. He or she might also practice your testimony with you. As part of that practice, he or she may ask you difficult questions that other attorneys might ask you during cross examination so that you will be more prepared.

Another important issue, which is often overlooked, is what to wear to trial. Do not dress too formally or flashy- but do not dress too casually either. Try to find a happy medium between the tuxedo and the tuxedo t-shirt. Do not alienate the jury be looking too flashy. On the other hand, nobody likes a slob.
Personal Injury cases are just like any other, and require great preparation by both the lawyer and the client. Personal injury lawyers know the system, and they know how best to prepare for trial in order to win and receive compensation for your injury. Research personal injury law in Colorado and attorneys who will best serve your needs. Check out the web for more information on personal injury attorneys in Denver and the surrounding areas. If you are looking for a lawyer, make your search fast and easy with Colorado attorney finder.

(source: So you’ve been in an accident, now what? by Cuppett)