Colorado Springs Law Blog | The Foley Law Firm

Vandalism charges are more serious than you may think

On behalf of The Foley Law Firm posted in Criminal Defense on Thursday, May 21, 2020.

In the field of criminal law, some crimes are treated more harshly than others. Still, any conviction can have a lasting effect on your life. Therefore, it makes sense to mount a robust criminal defense against any allegations. Charges of vandalism may seem insignificant, but the consequences of conviction are more serious than you may realize.

Colorado vandalism laws are broad so that a variety of behaviors are addressed. Some examples of vandalism in the state include the following.

Defacing property with graffiti and so-called artwork
Breaking windows and otherwise damaging another's property
Altering or removing street signs
Slashing tires and intentionally scratching the paint off a vehicle
Damaging benches or other items in a park

3 reasons people confess to crimes they did not commit

On behalf of The Foley Law Firm on Friday, May 15, 2020.

Because most criminal convictions have serious consequences, prosecutors must prove a person’s guilt beyond a reasonable doubt. While there are a variety of ways to do so, a defendant's confession is strong evidence of guilt. Not all confessions are reliable, though.

False confessions are probably more common than most people think. In fact, subsequent evidence has exonerated hundreds of individuals who had previously confessed to crimes. While untrue confessions happen for many reasons, three common situations often induce individuals to accept responsibility for crimes they did not commit.

What is the difference between theft and aggravated theft?

On behalf of The Foley Law Firm on Wednesday, May 13, 2020.

In its simplest form, theft refers to the taking of property belonging to someone else without permission and with no intention of returning it.

Theft is serious enough, but the severity of the crime increases if it falls into the category of aggravated theft.

You need legal protection anytime the police interrogate you

On behalf of The Foley Law Firm posted in Criminal Defense on Thursday, May 7, 2020.

We will begin this blog post with a fictional scenario. A person has been burglarizing and damaging property in your area. Through witness identification or some other means, the authorities believe you are the prime suspect. They bring you to the police station for interrogation.

Should you go ahead and answer the questions posed to you or should you ask for an attorney? Our lawyers believe that it is in your absolute best interests to wait for an attorney if the authorities want to interrogate you.

You need immediate help when falsely accused of domestic violence

On behalf of The Foley Law Firm posted in Domestic Violence on Friday, April 24, 2020.

According to research, false claims of domestic violence are uncommon. A paper published by The Colorado Coalition Against Domestic Violence indicates that false claims are rare and that most victims are in real danger from violence. However, untrue domestic violence allegations do still happen.

Undeniably, victims of abuse and violence need as much help as possible, but what about those who have been falsely accused? They deserve assistance as well to protect their good names as well as their rights as residents of Colorado. If convicted of domestic violence, defendants face the following consequences.

Completion of an evaluation and/or a domestic violence treatment program
Loss of the basic right to own guns and ammunition
Serving a period of house arrest
Denial of probation if the court deems you a danger to others

Sleeping in your car may lead to a DUI arrest

On behalf of The Foley Law Firm on Friday, April 17, 2020.

Colorado law prevents anyone with a blood alcohol concentration above 0.08% from operating a motor vehicle. As such, if you choose to drive after you have consumed too much booze, you risk charges for driving under the influence. You may not realize, though, sleeping in your car may also lead to a DUI arrest.

The state’s DUI laws contemplate actual physical control of a vehicle. Therefore, if an officer has evidence that you are in control of the vehicle, he or she may arrest you for suspected drunk driving. To avoid the many legal consequences that come from a DUI arrest and conviction, you should understand the meaning of actual physical control.

A level 1 drug felony and becoming a habitual offender

On behalf of The Foley Law Firm on Thursday, April 9, 2020.

In the state of Colorado, a conviction for a level 1 drug felony is a serious matter.

Someone convicted of a level 1 drug felony who has a record of similar convictions risks classification as a habitual offender and years behind bars.

Can a police lineup help when you are accused of a crime?

On behalf of The Foley Law Firm posted in Criminal Defense on Wednesday, April 8, 2020.

When law enforcement officers investigate a crime, they rely on many resources to identify possible defendants. Forensic evidence (DNA material, fiber identification, etc.) is currently the most effective manner of identification, even though such technology is not yet 100% accurate. Another way law enforcement tries to pin down the allegedly guilty party involves eyewitness identification, often through a police lineup.

If you watch crime dramas, you are likely familiar with these lineups. Eyewitnesses examine a group of individuals or photos of individuals and try to pick out the person they believe they saw committing a crime. It looks effective on your television or when you go to the theater, but this method has its flaws.

Personal Breathalyzers may not prevent DUI arrests

On behalf of The Foley Law Firm posted in drunk driving defense on Tuesday, March 24, 2020.

Avoiding the consumption of alcohol remains the very best method of avoiding a drunk driving charge. However, we live in a social world where it is common to enjoy a few drinks with friends while away from home. Unfortunately, this can lead to an arrest and possible conviction for driving under the influence of alcohol.

Many of our friends here in Colorado Springs ask if purchasing a personal Breathalyzer could save them from a DUI arrest and subsequently protect residents from an accident. The answer we usually give is, maybe but not always. As we said above, avoiding alcohol while away from your home is always the best way to avoid DUI charges.

What are the penalties for Colorado’s felony DUI offenders?

On behalf of The Foley Law Firm on Monday, March 16, 2020.

Any conviction for driving under the influence of alcohol in Colorado has the potential to lead to some serious penalties. However, if authorities convict you of drunk driving for a fourth or subsequent time, you should anticipate an even harsher punishment. Nowadays, a fourth Colorado DUI constitutes a felony offense. In many cases, this means jail time, among other potential and serious repercussions.

If a court sentences you to probation after your felony DUI conviction, expect to have to comply with other specific conditions.

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