Discontinuing Sex Offender Registration

Periodic and regular address registration with law enforcement is mandated by the harsh and broadly applied "sex offender" sentencing laws here in Colorado and most states.  This can have long-lasting hurt on the person's ability to find housing and employment, among other things.

Recognizing this, Colorado and other states allow the person to ask (petition) a court to discontinue registration for many such offenses.  Generally three factors must be shown via a form petition. First, that a certain period of time has passed (10 years for example).  Second, that the person has not re-offended and has been in compliance otherwise.  Third, that notices required by the applicable statute (to the victim, law enforcement etc.) duly have been given.

The Colorado statute is CRS 16-22-113.  It requires the court to hold a hearing once the petition is filed and served, but is silent on what - presumably in addition to the information in the petition - must be shown or proven.  Appellate courts have decided the judge at the hearing has broad discretion to grant or deny the petition even if, so to speak, all the boxes on the form petition are checked.  Factors considered may include objection by the victim, other offenses by the petitioner, lack of compliance with other sentence terms and conditions, and the like.  We suggest having supporting witnesses testify on these factors at the hearing, and to opine on the person's likelihood of not re-offending in the future.

Like all things sex offense related, assume the judge and prosecution will not be sympathetic and will look for ways to deny the petition.  Prepare accordingly.  Better yet, call us here at Sanderson Law, P.C., to help.  303-444-8846.

How does a civil lawsuit work?

     A civil lawsuit is where the plaintiff - the party starting the action by filing with the court a written complaint - must prove claims against the defendant or defendants usually by a "preponderance of evidence" (as opposed to "beyond a reasonable doubt" in criminal matters).  Here a preponderance means more evidence than not.  A jury may be requested, otherwise the matter is tried to a judge.  Most cases settle before trial. 

     Discovery is the process that begins soon after, whereby both sides may obtain information from the other - via depositions, written questions (called interrogatories), document requests, requests that matters be admitted or denied, and related procedures.  This process can take many months.  Mediation or another form of "alternative dispute resolution" typically is ordered or agreed to take place soon after to afford the parties a less formal opportunity to resolve the case or claims sooner than later.

     Motions - written requests by the lawyers to the judge to rule on various issues - may be undertaken during the case, including for example to seek pre-trial dismissal of parties or claims, limit evidence, decide legal questions, and the like.  Sometimes hearings - some with testifying witnesses - are held by the court in connection with motions.  Motions typically involve procedural and substantive legal issues that may profoundly impact the case.   

     In the event of trial, the parties are given opportunity to state their case via witnesses and tangible evidence (usually documents), and have the jury or judge decide.  An appeal to a higher court is available.

     As can be seen this all takes time.  It is not unusual for a non-settling civil case to take two or three years to resolve, sometimes longer.  An appeal or appeals can add years.

 

     Civil lawsuits are serious business.  Experience counts.  Call Sanderson Law, P.C., 303-444-8846, if you need help.

 

 

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.

* * *

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.