Colorado Springs Law Blog | The Foley Law Firm

Revenge porn can cost you in more ways than one

On behalf of The Foley Law Firm posted in Criminal Defense on Friday, August 28, 2020.

Romantic entanglements can be full of ups and downs -- and not every relationship ends on a positive note. In a moment of emotional upheaval following a breakup, you may be very tempted to lash out at your ex in some way, particularly if you're feeling betrayed. Maybe it occurs to you to put that sexually-explicit video you found on their phone on full blast to their relatives. Or, maybe you have a few nude photos of your ex on your phone and are thinking of sharing them with their boss.

We offer one firm piece of advice in these situations: Don't do it. "Revenge porn" is illegal.

Date rape drugs can mimic alcohol and lead to a DUI

On behalf of The Foley Law Firm on Thursday, August 27, 2020.

There are many situations in which a person's drink could be tampered with. For example, if you even turn your back for a second at a local bar, someone could slip Rohypnol or other drugs into your drink. If you're out with friends, someone might think they're being funny by slipping a sleeping aid into your drink.

These situations come up fairly often, and they are dangerous on their own. What's worse is when the person who has been drugged leaves the area they're in and gets into their vehicle. While they're escaping one potentially dangerous situation, they're entering directly into another one.

You're being offered a deal by the prosecutor: Why?

On behalf of The Foley Law Firm posted in Criminal Defense on Friday, August 14, 2020.

You've been charged with a rather serious criminal offense -- and the prosecutor talked about "throwing the book" at you. You're naturally surprised, then, when you're suddenly offered a plea deal that seems much better than the sentence you expected to receive if you lost your case at trial.

What's going on? Is the prosecutor's case actually so weak that they need to resort to a plea deal to win a conviction? Maybe -- and maybe not.

A good defense is essential in first-degree murder case

On behalf of The Foley Law Firm on Thursday, August 13, 2020.

You've found yourself in trouble with the law. You killed another person, and you're being accused of doing so intentionally. Now, you have a first-degree murder charge to face.

In Colorado, first-degree murder is a Class I felony and can lead to many years behind bars. In a worst-case scenario, a person can also face the death penalty in this state.

A possible DUI conviction may turn on a breathalyzer issue

On behalf of The Foley Law Firm on Tuesday, August 4, 2020.

If law enforcement stops you on suspicion of driving under the influence of alcohol, will you subsequently take a breath test? What happens if the officer arrests you?

A successful defense will begin with a thorough examination of the circumstances surrounding your arrest, including the possibility of a breath test device calibration issue.

How can a domestic violence conviction affect your job prospects?

On behalf of The Foley Law Firm posted in Domestic Violence on Friday, July 31, 2020.

A domestic violence conviction works much like any other criminal charge -- it ends up part of your permanent record. If you're asked about your criminal history when applying for a job, then a domestic violence conviction on your record may limit your employment prospects. If your employer requires you to have a professional license to perform your job, then you may be unable to keep working there with a domestic violence conviction on your record.

Employers often run background checks on their employees before hiring them for almost any role in this era. They may look to see if you have convictions for certain crimes, depending on the type of job that you're seeking.

Is your 18-year-old son facing a “Baby DUI” conviction?

On behalf of The Foley Law Firm on Thursday, July 16, 2020.

As a freshman in college, your son will deal with many new situations. He will probably attend parties where beer is available, and he may join in the drinking.

If he decides to get behind the wheel afterward, law enforcement may stop him on suspicion of drinking and driving, but because of his age, he is looking at “Baby DUI.”

Mistakes you can easily make when stopped for DUI

On behalf of The Foley Law Firm posted in drunk driving defense on Thursday, July 16, 2020.

If a police officer has cause to believe that you're driving under the influence, they won't hesitate to pull you over. Should that happen, your stomach will tie up in knots and you'll begin to sweat.

On the plus side, when you know how to approach this type of traffic stop, it's much easier to do so in a confident manner. There are many mistakes you could easily make when stopped for suspicion of DUI. Avoid these three:

Admitting to drinking alcohol: For example, you may say to the officer "I only had two drinks a few hours ago." That doesn't mean anything to them. It simply tells the officer that you do have alcohol in your system.
Answering questions you don't understand: You have the legal right to remain silent, so don't be afraid to decline any questions that you don't understand or simply don't want to answer. The officer can't force you into doing so.
Resisting arrest: Should the officer have cause to make an arrest, such as a failed breathalyzer or field sobriety test, it's not the time to put up a fight. Not only can this cause injury, but it's likely to result in additional criminal charges.

The 10-80-10 law and an overview of business fraud risk

On behalf of The Foley Law Firm on Monday, July 6, 2020.

Auditors for businesses, including large corporations, focus on fraud detection and the likelihood of fraudulent activity occurring within the company.

Fraud investigators operate on what they call the “10-80-10” law. What is this, and how does it affect those who are under investigation for fraud?

Steps to take if you’re accused of shoplifting

On behalf of The Foley Law Firm posted in Criminal Defense on Thursday, July 2, 2020.

More so today than ever before, retail stores are on the lookout for shoplifters. And for this reason, you could find yourself accused of this crime when you actually did nothing wrong.

Here are three things you should do if you're accused of shoplifting by a store associate or security guard:

Don't walk or run away: If you didn't violate the law, you may be tempted to simply leave the scene. However, this can result in a scuffle and more aggravation than it's worth.
Explain yourself: Ask the person why they believe you were shoplifting. If you understand where they're coming from, you can then explain yourself. Remember, you weren't shoplifting unless you actually took the item out of the store without paying for it.
Don't say too much: If it's obvious that no explanation will work, keep quiet. You don't want to say too much, as doing so could result in a slip that makes you appear guilty and can be used against you in court. You're best off keeping to yourself and waiting to see how the process unfolds.

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