A: The  prosecutor is a lawyer who, on behalf of the government, first decides whether or not to charge a person with a crime. If that decision is yes, the prosecutor then conducts legal proceedings against that defendant. Prosecutors sometimes are called city attorneys, county attorneys, state’s attorneys [...]]]>

Q: Who is a prosecutor?

A: The  prosecutor is a lawyer who, on behalf of the government, first decides whether or not to charge a person with a crime. If that decision is yes, the prosecutor then conducts legal proceedings against that defendant. Prosecutors sometimes are called city attorneys, county attorneys, state’s attorneys or district attorneys (or D.A.s).

Q: So, how does a district attorney decide whether to charge a person with a crime?

A: First, the D.A. (or other prosecutor) reviews the case to ensure it is legally sound. Often, a prosecutor bases his/her initial decision on the police reports (also called arrest reports) sent to them by the arresting law enforcement officers. These reports encapsulate the events that led up to the arrest, and provide such information as the:

• Date, time, location and weather at the time of the arrest
• Witnesses’ names, addresses and possibly their statements.

These reports are typically one-sided, outlining what law enforcement claims took place, and including only the witness statements that support their theory.

If the prosecutor deems that the case has legal problems, such as the police violated the defendant’s constitutional rights or destroyed evidence critical to the defense, the case could be thrown out of court.

Second, the prosecutor decides if there is ample and reliable evidence to prove a person’s guilt. If the evidence is not very convincing, it would not be worth the time and expense of a trial.

To read the full article, click here.

Colorado Criminal Defense Lawyer Shaun Kaufman

Call 24/7: 303-309-0430

Shaun Kaufman Law, P.C., emphasizes trial practice, as well as negotiating just settlements. To contact Shaun Kaufman, call 303-309-0430 any day of the week, 24 hours a day.  Or, fill out the form on the right side of this page, and Shaun will get back to you as soon as possible.

Even if you know you are guilty, there are still alternatives. For example, a prosecutor might be open to a plea bargain where you plead guilty to a lesser charge in exchange for a lighter sentence.

While you might be tempted to negotiate for yourself, keep in mind that negotiating [...]]]>

If I’m guilty, can a defense lawyer still help me?

Yes!

You Still Have Options

Even if you know you are guilty, there are still alternatives. For example, a prosecutor might be open to a plea bargain where you plead guilty to a lesser charge in exchange for a lighter sentence.

While you might be tempted to negotiate for yourself, keep in mind that negotiating requires a comprehensive knowledge of the law and expertise in the practical realities. Criminal defense lawyers know what constitutes a good deal, and they also know how to protect your constitutional rights.

Below are several ways a qualified defense lawyer can help you in this negotiating process.

Maintaining Your Eligibility to Have Your Record Sealed

If you plead guilty to a crime in Colorado, you may have the resulting conviction on your record permanently, making it difficult to obtain employment, housing and enter into contracts with the government.  A criminal defense lawyer’s help may result in a plea disposition that allows you to seal your record after you complete your probation.

To read the full article, click here.

Denver Colorado Criminal Defense Lawyer Shaun Kaufman

The problem with “legalized” marijuana laws is that the Colorado legislature is at the forefront of [...]]]>

Colorado Prosecution of Marijuana Offenders Stymied by Lack of Legislative Guidance

Colorado recreational marijuana will be in place in less than eight months. There is so little being done to make laws that would foster a new green economy. In fact, the lawmaking looks to be a mess.

Colorado Legislature: Can It Plan for the Future?

The problem with “legalized” marijuana laws is that the Colorado legislature is at the forefront of the lawmaking process in our state. Our legislature has never shown itself to be able to plan in a forward fashion. For example, legislation involving Colorado prison inmates resulted in prison overcrowding and a serious ongoing financial drain on the state.

No Marijuana-Infused Liquor in Colorado

Recently, the rulemakers and lawmakers have decided that distillers and pot growers shouldn’t be allowed to manufacture liquor infused with marijuana. This in a state where the small distillery business is thriving, and the pot business is about to do the same. News flash: sometimes a little creativity goes a long way in rebuillding the Colorado economy.

Contact Shaun Kaufman Law 24/7: 303-309-0430

Shaun Kaufman Law

Applications for recreational marijuana shops will be accepted on October 1, 2013. If you are interested in developing a marijuana business, hire a lawyer who will help you through the thicket of laws, rules and “how tos” of developing a new business. Shaun Kaufman has been watching the business carefully for several years, and he can help you with growing your recreational marijuana business.

Contact Shaun Kaufman Law any day of the week, 24 hours a day, holidays included, at 303-309-0430.

What Kind of Crimes Are Class One Misdemeanors?

Everything from concert bootlegging to assault to misuse of a credit card. What does the state get from this? State [...]]]>

Taking a DNA Saliva Sample

Don Pabon (my state representative) is now promoting a bill that would have DNA collected from anyone who is convicted of a class one misdemeanor in the state of Colorado.

What Kind of Crimes Are Class One Misdemeanors?

Everything from concert bootlegging to assault to misuse of a credit card. What does the state get from this? State legislators want to increase the size of the database of DNA samples held by the Colorado Bureau of Investigation.

On its face, this collection smacks of “more government, more surveillance,” which I have great disdain for.  However…

DNA Exonerates Innocent People

DNA is a neutral thing, and it exonerates innocent people in incredibly significant ways, just as much as it ensnares guilty people. In the end, this process is just something that is new, and although it feels creepy, it really can help those charged with serious crimes.

Compassionate Lawyer.  Tough Litigator.

Denver criminal defense attorney Shaun Kaufman has worked in the criminal justice system for nearly three decades. He is passionate, knowledgeable and dedicated about defending the rights of the accused, and accepts cases ranging from simple misdemeanors up though serious felony matters that carry a potential life sentence. He has successfully defended hundreds of people who have been charged with crimes in Colorado.

Contact Shaun Kaufman Law, P.C., any day of the week, 24 hours a day at 303-309-0430

They both involve a number of variables such as a judge, jurors and lawyers. Each of the latter three can have different moods, prejudices and talents just like a group of players [...]]]>

Jury trials and basketball games have similarities

Why are jury trials and picking a bracket of winning college basketball teams in the NCAA basketball tournament similar?

Courtrooms and Basketball Courts

They both involve a number of variables such as a judge, jurors and lawyers. Each of the latter three can have different moods, prejudices and talents just like a group of players on a college basketball team. For example:

• The participants in trials and basketball games may have an ax to grind because they didn’t live up to expectations in their last encounter
• College basketball players are influenced by their coaches just as trial lawyers are influenced by their superiors
• Law office policy mirrors coaching guidance to a great degree
• In both fields, the players (or lawyers) want to win. After all, there is a strong motivation to win or go home. (Of course, the loser in a criminal case doesn’t always get to go home.)

Selecting a Lawyer Who’s a Winner

Whether you are involved in a basketball game or a trial, select a lawyer (or coach) who has a track record of fighting hard and wanting to win. Colorado criminal defense attorney Shaun Kaufman is a lawyer who prides himself on doing what it takes to win in court.

Contact Shaun Kaufman Law any day of the week, holidays included, at 303-309-0430, or fill out the contact form on the right side of this page.

In the last six weeks, Shaun Kaufman Law, P.C. has been hired by people involved in two different collsions with tractor trailer or large commercial trucks. Is this a coincidence? We think [...]]]> Truck accidents can occur out of nowhere, and change your life and those you love, forever.

Recent Truck Accident Cases at Shaun Kaufman Law

In the last six weeks, Shaun Kaufman Law, P.C. has been hired by people involved in two different collsions with tractor trailer or large commercial trucks. Is this a coincidence? We think not. There is simply more shipping and delivery by trucks of this size. One of the trucks belonged to a moving company, and another, a beer distributor. There are more people moving now as homes that wouldn’t sell a few years ago are selling — one of the side effects being that there is more disposable income with which to buy items, such as beer.

Accidents Involving Trucks

The way accidents happen with trucks is different because a truck has a wider turning radius, because they are larger, and because seeing around them is more difficult. Drivers of these trucks must take greater care to watch for other vehicles, pedestrians and motorcycles. Any lapse in judgment can have deadly consequences. After all, these trucks weigh multiple times what a passenger car does. 

A semi-truck can weight approximately 80,000 pounds, and sustaining this type of impact can leave motorists and their passengers suffering from catastrophic injuries.

Statistics from National Highway Traffic Safety Administration

According to the National Highway Traffic Safety Administration’s statistics division, the National Center for Statistics and Analysis (NCSA), in recent years, one of our nine traffic fatalities resulted from a collision involving a large truck.

Of these fatalities, 74 percent were occupants in another vehicle, 10 percent were non-occupants, and 16 percent were those in the large truck. Of the people injured in crashes involving large trucks, 71 percent were occupants of another vehicle, 3 percent were non-occupants, and 26 percent were within the large truck.

Aftermath of Truck Accidents

The aftermath of an accident involving a semi-truck can be disastrous, leaving other vehicular survivors of the crash with serious injuries such as broken bones, brain injuries and even fatalities. Shaun Kaufman Law, P.C. offers experienced and up-to date legal services for those who were injured, or for those who have unexpectedly and tragically lost their loved ones in a fatal tractor-trailer accident.

When you have been injured because a truck, tractor trailer or semi-truck was operated in a negligent or dangerous fashion, contact a caring, assertive lawyer who will stand up for your interests and get you cash compensation for your injuries.

Shaun Kaufman Law, P.C.: Personal Injury Litigation

Call 24/7: 303-309-0430

Our Colorado law firm is experienced in handling large truck collision cases. When working with our Colorado truck accident attorney, you gain a crucial advantage over the negligent party through our access to top field experts whose expertise at accident scene reconstruction can help prove the negligent entity’s fault.

You have enough to worry about after a personal injury involving a large truck. Shaun Kaufman Law will seek maximum compensation and always proactively represent your best interests.

Call Shaun Kaufman Law at 303-309-0430 for a free consultation, or fill out the contact form on the right side of this page. There are no obligations and no fees unless we recover for you. 

Recently, in Florida v. Jardine, 569 U.S. ________ (2013),  the United States Supreme Court decided that it was illegal for police to bring a drug dog to a house and have the dog sniff the home’s curtilage to determine whether or not marijuana was being illegally grown in the house. (By the way, this occurred [...]]]>

Recently, in Florida v. Jardine, 569 U.S. ________ (2013),  the United States Supreme Court decided that it was illegal for police to bring a drug dog to a house and have the dog sniff the home’s curtilage to determine whether or not marijuana was being illegally grown in the house. (By the way, this occurred in Florida, not Colorado.)

So what is curtilage?

Curtilage is the area immediately adjacent to, and around a home (and according to the United States Supreme Court, a protected area that could not be searched with a drug-sniffing dog) without a warrant.

Another definition from Lawyers.com, based on the definition from Merriam-Webster’s Dictionary of Law ©2001:

Definition - Noun
[Anglo-French curtillage enclosed land belonging to a house, kitchen garden, from Old French cortillage kitchen garden, fromcortil garden, ultimately from Latin cohort- cohors farmyard]
: the area surrounding and associated with a home
The curtilage of a house is included in the Fourth Amendment prohibition on unreasonable searches and seizures

This case touches on two areas of interest for those of us at Shaun Kaufman Law, P.C.:

• The right to be free from police intrusion
• The amazing role of dogs in human life.

We welcome your inquiry about any legal case, from dog bites to drug busts, as Colorado criminal defense attorney Shaun Kaufman has studied both, and has worked as a lawyer in both areas for decades. Contact Shaun Kaufman any day of the week, twenty-four hours a day, at 303-309-0430 or fill out the contact form on the right side of this page, and Shaun will get back to you as soon as possible.