Criminal record seals in Colorado

Generally, absent an outright dismissal of all charges, the possibility of quickly sealing one's criminal record in Colorado is low.

The good news is that politicians increasingly recognize the lasting harm that criminal records have on people who have "done their time" and almost every year legislation to liberalize record seals is considered.  Recently for example most drug crimes can be sealed once a variety of hurdles have been cleared.

An attempt to seal a record starts with the filing of a petition for same in the appropriate court, notices to various law enforcement agencies and prosecutors, and finally may involve a hearing.  The matter is considered civil not criminal and lesser due process rules apply accordingly.

Most law firms charge a "flat fee" for the time and effort involved.  Filing fees and other court costs are required.

If you are thinking about having a Colorado criminal record sealed, call us here at Sanderson Law, P.C., 303-444-8846, or email us, to see if you are eligible.

10 Rules for Writing Emails

     Emails are great for communicating, especially in business.  They can be composed and sent anytime - no dealing with voice messages, call backs, phone tag, on hold, bad connections, etc.  One communication can be emailed to many people at once.  They automatically memorialize the substance of the communication (for better or worse).  They can be saved, printed, and reviewed or referenced later.  Of course there are times when a phone conversation is better, but generally emails increasingly are used because they are more efficient. 

     To get the most out of emails, and avoid problems, follow these simple rules:

1.  "Picture it on the front page of the New York Times."  So said my old boss about everything you put in writing.  Emails are no different.  Emails generally are not private, protected, confidential, or otherwise exempt from having to be turned over to the other side in matters of litigation for example.

2.  Punctuation, language and good grammar count.  Taking care - and the time - to draft, craft and proof read emails as you would a letter make them more readable, intelligent and compelling, and help prevent sending them off too hastily.  Number individual points or issues to increase the chances of receiving a response to each.

3.  Like phone calls, respond to emails as needed within 24 hours if possible, even if it is just to say Thank You.

4.  Insert attachments first, before you write the email itself.  Insert the recipient's name/address last.  This helps prevent sending emails without the attachment, and also sending them off too hastily.

5.  If in doubt, don't send it out - use the phone instead. 

6.  Don't assume others will read the entire string.  If it is important enough, summarize the communications in your last email in the string.  Especially important emails should "stand alone" and not require looking back at (or for) other emails.

7.  Avoid train-of-thought bantering and conversation via email.  This becomes confusing and potentially dangerous (see number 1 above).  If it looks like its going to be a verbal tennis match, or something amounting to chit chat, use the phone or text messaging.  Phone for conversation; email for communication.

8.  Wait 24 hours before sending a sensitive, reactionary, or nasty email.  You're probably better off not sending it then either.

9.  Rarely is "reply all" appropriate.  Avoid it as much as possible.

10.  Use the "subject" line and do so wisely.  Be brief, consistent and informative.  It will help stay on point and organized, and is good for searching back later.

-David S. Sanderson, Lawyer, Boulder, Colorado

What is the DUI Zantac defense?

        When you take a drink of alcohol, it is absorbed into the blood through the mucous lining of the gastrointestinal tract:  the mouth, the esophagus, the stomach, and the small intestine.  The rate of absorption increases as the alcohol moves through the tract.

        Absorption from the stomach into the bloodstream (by way of blood-carrying capillaries in the stomach lining) is faster than from the esophagus or mouth. Common wisdom - that drinking on an empty stomach will get you more intoxicated, faster - is true because there is nothing else in your stomach to compete with the alcohol in terms of getting absorbed.  

        Ranitidine - the key ingredient in Zantac and similar products - blocks the so-called first pass metabolism of alcohol.  When alcohol is ingested, the further it passes through the digestive tract, the more ethanol is absorbed into the blood stream.  The organs of digestion involved are the stomach, the small intestine, the large intestine, and the colon.  More ethanol is absorbed as it travels further through that tract. 

        Over-the-counter anti-acid and anti-heartburn medicines like Zantac (containing Ranitidine) reduce the amount of acid that the body produces.  The more of the drug you take, the more the body reduces acid production, thus there being less acid in the stomach to break down the ethanol then absorbed into the blood.   This is how Zantac works.  Heartburn and upset stomach occur due to the body producing acid in the stomach to the point where the person becomes uncomfortable.   The more Ranitidine that is consumed, the less stomach acid is produced.

        Ranitidine decreases the body’s ability to produce the acid that is used in the stomach to start metabolizing alcohol.  This allows more ethanol to pass from the stomach into the small intestine, where the body more readily absorbs ethanol into the blood than if the stomach had digested the ethanol.  The result is that more ethanol is absorbed into the blood through the small intestine.  This is the key component to why Ranitidine causes an elevated blood alcohol content, or BAC. 

        Generally speaking, in Colorado for example driving with a BAC of .05 or greater is against the law (including if .08 or greater "driving under the influence" or DUI).  People who consume Zantac (or similar product containing an equal amount of Ranitidine) and then consume alcohol - even minimal amounts - may unknowingly and involuntarily have their BACs elevated to where driving a vehicle is against the law.  What would be considered a small amount of alcohol consumption becomes amplified when the stomach did not break down the ethanol and the small intestine allowed the ethanol to pass into the blood.  And the higher BAC level persists for a longer time when Ranitidine is a factor.

        Because criminal offenses must be based on a voluntary act, a defense amounting to involuntary intoxication can be a defense to DUI. 

        Call Sanderson Law, P.C., if you need help.  303-444-8846.

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More on Not Talking to the Police

The following is from a police report in a recent false prescriptions case.  The defendant (now our client) said he returned an investigating police officer's phone call (to be nice!) but didn't give the officer any information.  In his mind he may be right, but let's look at what information the police - trained and motivated to get as much info as possible from people they are investigating - learned from "just a few questions."

I [Officer Friendly] received a return call from [the defendant].  I explained to him that I was investigating a case where it was reported several false prescriptions were filled at Denver pharmacies.  I asked the defendant if he knew anything about the prescriptions.  He acknowledged he knew about the prescriptions, and what I was referring to.  He wanted to speak with his attorney before speaking further.

From this brief, friendly, innocent sounding exchange, the police (and prosecutors) now will claim to know (1) what the defendant sounds like (to be compared to recordings they may have of defendant at the pharmacies), (2) that the defendant knows about the false prescriptions (i.e. a crime was committed), and (3) the defendant knew what the officer was talking about (i.e. defendant committed the crime).  Of course by calling back the defendant also confirmed his phone number, identity, and that he is still around.  All this free information now potentially can be used against the defendant - to find, arrest, prosecute and possibly convict him.

What should the guy have done?  He should have called a lawyer BEFORE calling the police back.  After making the mistake of calling the officer back, he compounded it by not politely declining to answer ANY questions until AFTER he spoke with his lawyer (of course a smart lawyer would have prevented that).

Note that Officer Friendly did not tell the defendant that anything the defendant said could and would be used as evidence against him.  The officer knows this is not required.  Contrary to what you've seen on TV, the famous Miranda advisement only applies to questioning while in custody; phone chit chat doesn't count. 

The defendant here unknowingly helped police to build a case against him.  Will they help him defend it?

Call Sanderson Law, 303-444-8846, before you even think about talking to the police.

Accused of copyright infringement? Read this.

Recently we've seen more cases involving allegations against clients of copyright infringement. 

The allegation comes in the form of an email to the client, claiming that a photograph or similar on its website infringes on the owner of that photograph etc.  Computer searches silently scouring the internet make it easier and cost effective for various organizations including so-called national law firms claiming to have enforcement rights to send out these types of email (which can include spam and emails easily mistaken for spam). 

The email demands payment in exchange for a retroactive license to use the photograph, and threatens all kinds of nasty legal consequences if the client refuses.  The question always is Should the client just pay the requested amount?

 

In order accurately to evaluate any alleged claim and decide whether to "just pay," we send a letter (not an email) to the demanding organization asking for information relevant under the applicable remedial statute, i.e., 17 USC 504.  This is the provision of the United States Code that governs recovering damages for copyright infringements. 

The letter asks the demanding organization - in order to be able to evaluate its demand - to advise:

1.     whether you (including the copyright owner) are seeking to recover actual damages and/or profits of the alleged infringer.  If so, please provide information as to how much you are seeking and any documentation supporting same.

2.     whether you are seeking statutory damages and if so, the total amount sought (including for each alleged actionable infringement).

3.     whether you are claiming any alleged infringement was committed willfully, and on what basis.  Kindly provide any supporting documentation.

4.     whether you maintain that the alleged infringer was aware or had reason to believe that its acts constituted an infringement of copyright, and on what basis you do so.  Kindly provide any supporting documentation.

5.     what is your basis for threatening to seek an award of court costs and attorney fees?

6.    Also, kindly provide documentation confirming that you are authorized to resolve on the owner's behalf any alleged copyright infringement, in addition to a proposed release license agreement duly executed also by that person.

         It is then up to the demanding organization to respond or not.  Failure to respond with the requested information could mean that any claimed recoverable damages are minimal or non-existent and/or that the demanding email is nothing more than a shakedown attempt.  Of course receipt of the requested information allows a more intelligent analysis (in view of the applicable law) in determining whether to pay or not. 

     Call Sanderson Law, P.C., at 303-444-8846, if you or someone you know needs help.

 

 

 

Talk to the police? No way.

They say art imitates life.  Sometimes it is the other way around.  I'm thinking about all those TV crime shows where the suspect stupidly answers police questions only to find himself in deeper trouble.  Fact:  Most criminal defendants are such because they talked to the police.

Let's be clear:  In criminal law, the only time you must answer questions is if you properly have been subpoenaed.  Typically that means personally being served specific paperwork (which you can challenge), called into court, seated in the witness chair, and questioned before a judge.  And even then - if you don't mind being held in contempt and placed in jail for a while - you still cannot be forced to utter a word (at least in this country).

So why do people talk to the police?  One reason is they think they have to (they don't).  Another reason is that they think it will help (it won't).  Beyond those reasons you get into all kinds of psychological theories about why people talk to the police. 

There is no need to complicate things.  Police ask questions when they don't have enough information.  If they don't have enough information, why give more to them?  A lack of information usually means lack of enough reason (or cause) to arrest you, or search your house, or seize evidence from your trunk. 

Will cops make up stuff if you don't give it to them?  Of course.  They are only human (newsflash to many judges, prosecutors and jurors) and prone at least to the same temptations to lie - to look better, or advance, or win - as anyone else.  But a lying cop is the exception.  A lying cop is a sitting duck, defenseless to an inquiring and probing defense team.  A lying cop will lie again, increasing the chances he or she will be caught.  Judges love cops, but not the lying kind.

When police (and judges and prosecutors) are arrested, they don't talk to the police.  Why should anyone else?

Being questioned by police?  Smile and politely insist on a lawyer.  Stick to it.  Don't fall for or submit to anything the police say in response.  They are trained to get you to talk, in all kinds of friendly, reasonable sounding and sneaky ways.  One of my favorite ploys is when the cop says "How can we know what happened unless you tell us your side of the story?"  What?  Whether the cops know "the story" is not a suspect's problem!  By telling them your story odds are you make yourself more of a suspect.

Even if you are "just a witness" you do not have to talk to the police.  And since you don't know what the cops know, or what or who they are looking for, or even whether you are "just a witness" - cops don't have to be honest or answer or tell you anything about their investigations - why would you want to risk digging your own grave?

If you choose to talk to the police, you'll only increase the odds of spending way more time (and money) with a defense lawyer anyway.

Here at Sanderson Law, P.C., we can help if you find yourself in a situation.  Best call us before you talk to the police.  303-444-8846.

8 Things to know about Domestic Violence offenses in Colorado

8 Things to know about Domestic Violence offenses in Colorado

1  Domestic Violence Can Be Any Crime

It's commonly misunderstood that Domestic Violence charges mean that someone was violent during the events concerning the charge. In Colorado, "Domestic Violence" of course means an act or threatened act of violence upon someone with whom the accused has had intimate relationship. But that is not the only way a crime may be classified as "Domestic Violence." It also includes any crime committed as a means of coercion, control, punishment, intimidation, or revenge against an intimate partner. So, for example, if a girlfriend breaks her boyfriend's Sony Playstation when he is not even home, because she is mad he went out with another girl to the movies, it is arguably an act of domestic violence.

2  Colorado Has Mandatory Arrest Laws

For most crimes, a peace officer in Colorado is given discretion when and where, and even if, to charge and or arrest someone. Not so in Domestic Violence Cases. If officers are called out and they have probable cause to believe someone committed an act of Domestic Violence, the suspect of the crime must be arrested. The legislature has told the officer that he must do this "without undue delay" meaning that if the person is there, the arrest must be made then and there. In addition, the arrested person will be booked into jail and cannot be given a bond until the victim has been informed of the bond hearing and given a right to be heard.

3  A Victim Cannot "Drop Charges"; Only the State "Presses Charges"

For whatever reason, the person who reported the crime may decide they no longer want to pursue a case (perhaps they never wanted to go forward with the case); this does not however mean that the case will be dismissed on that fact alone. All crimes in Colorado are said to be affronts to the peace and dignity of the State. Despite someone being designated the victim, only the DA who is prosecuting the case can make the call about whether the case goes forward or not. Except for unusual circumstance, even a judge cannot dismiss the case.

4  Domestic Violence cases are Victim's Rights Cases

Under the Colorado Constitution, some crimes are considered victims' rights cases. By definition, all Domestic Violence crimes are victim's rights cases. This means that the victim has several rights, including the right to consult with the DA before any offers are made and when bond is addressed. They have the right to speak at sentencing and to be notified when an incarcerated defendant will be released. Despite the fact that a victim cannot control whether a case is prosecuted or not, the victim can have a dramatic effect on how a case turns out.

5  Sometimes, Misdemeanor Charges Can Be Elevated to Felony Charges

In Colorado, if a person is convicted of an offense which would otherwise be a domestic violence misdemeanor and has already been previously convicted three times of acts of domestic violence, the person may be considered a habitual domestic violence offender and misdemeanor may be bumped to a class 5 felony. If the person is found by the court to be an habitual domestic violence offender, the court would then sentence in the presumptive range for a class 5 felony or 1 to 3 years. The DA has to give notice to the accused that they intend to do this, but keep in mind that while the accused may initially be charged with only misdemeanors, the DA may amend the charges upward if the accused has a significant domestic violence criminal history.

6  A Domestic Violence Conviction Will Impact Gun Rights

Federal law mandates that anyone convicted of a Domestic Violence charge can not possess a firearm. If the Domestic Violence conviction is for a felony, State law also makes it a felony to possess a firearm. These bans are for lifetime.

7  A Domestic Violence Conviction Will Result in DV Classes

Any sentence imposed by the court for a domestic violence crime, must order the defendant to complete a treatment program and a treatment evaluation. The domestic violence management treatment board, a state agency, approves both the treatment providers and the treatment. This gives the board a tremendous amount of power. In most cases, even for very low level misdemeanors, this means at least 36 one hour sessions over the course of 36 weeks. The treatment is required even if the person receives a deferred judgment and sentence. The only time treatment will not be imposed is if the person is sent to prison.

8  No In Home Detention on DV cases

For non-DV cases, in-home detention, sometimes called Electric Home Monitoring or EHM, is normally available as a sentence to custody or as a condition of probation. However, someone who is convicted of a Domestic Violence crime, is not eligible for home detention in the home of the victim. The only way someone could qualify for home detention is if they did not live with the victim - obviously something that rarely happens with married couples.

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