Denver Family Lawyer Advises Divorcing Parents to Take Parental Education Classes

As a Denver Lawyer, I often hear divorcing couples lament, “I just wish this could be over!”

Unfortunately, when there are children involved, it is never really over. Unless one parent passes away or abandons his or her children, divorced couples with kids will need to deal with one another for many years to come.

Raising children after a divorce will require a certain set of skills that most parents don’t have. Even when dealing with an ex-spouse who has been unfaithful, unreliable, unemployed or unethical, maintaining a cooperative relationship with them is crucial to the children’s best interests.

Very often, a custody plan that was written when the children were very young will need to be adjusted as the children grow older. Marital property will need to be sold. Medical expenses must be discussed, especially if the children need special care. All of these eventualities will require two parents who are willing to put aside their differences and consider what is best for their children.

One of the best ways to ensure that you and your ex-spouse are able to work together as co-parents in the future is to take a class in parenting that is geared toward divorced parents. Learning to treat one another with mutual respect and maintain open lines of communication will keep you from going back to Colorado court after the divorce is final.

Colorado courts often require parents who are involved in a custody battle to take parental education classes, which is part of the state’s recent Family Law and Policy Promoting Parenting Education. Through the passage of this law, Colorado divorce laws have officially recognized the negative impact of divorce on children, and that the stress of a divorce can affect a child socially, emotionally, and academically, thus, the need for co-parenting education to aid in the family’s transition. The program is designed to educate parents about the divorce process, illustrate how it can impact children and adults, and teach co-parenting strategies and skills to promote cooperation between the parents.

If you are about to enter into a divorce in the Denver area where children are involved, a local Denver Family Law Attorney can help you come to an agreement with your spouse about the best way to raise your children. This can best be accomplished through mediation, which engenders a spirit of cooperation between the parents, but it may also require parents to take a class in post-divorce parenting. The team at the Colorado law firm of Clawson & Clawson, LLP is experienced in all aspects of family law and can offer you a free consultation.

Determining Jurisdiction Over Military Benefits in a Colorado Military Divorce

With so many complicating factors to consider, getting a Military Divorce In Colorado is confusing enough; but determining jurisdiction for the division of military divorce benefits can make it even more complicated.

The Uniformed Services Former Spouse Protection Act (USFSPA) was developed to allow the divorce courts within a state to divide up the “marital assets” share of military retirement pay as if it were community property. While the main provisions of this law are clearly understood by most couples, there is one provision that is often overlooked; Jurisdiction.

Jurisdiction in a Colorado military divorce requires that two prerequisites are met. One of these is personal jurisdiction. This can be established in Colorado if this is where the service member is stationed, where their spouse lives, or it is where the military member claims legal residency. The second part requires the state to establish authority over the matter in dispute, also known as “subject matter jurisdiction”.

Jurisdiction in Colorado may also be granted when the service member grants his or her consent to that court. However, this is where things can get a little tricky. If one party has figured out that is in their personal best interest for the case to be decided in a specific state (like Colorado), and all that is required for that state to have jurisdiction is for their spouse to accept the summons or contact that court, then the other party could be putting themselves at risk for financial loss.

This is why it is so important to contact a qualified and experienced Military Divorce before signing anything. The military divorce attorneys at Clawson & Clawson LLP will offer a free initial consultation for your Colorado military divorce.

What is Your Accident Claim Worth? Ask an Attorney

How much is an accident claim really worth? That’s a question that many people ask at their first meeting with a Colorado Personal Injury Attorney. Not surprisingly, the answer isn’t always that obvious, but most experienced Colorado Springs Personal Injury Lawyer can accurately predict the outcome of their newest cases. One way to determine how much compensation you can expect is to look at the different types of “damages” available.
In the world of personal injury law, damages are what is paid to the injured party, or plaintiff, by the person or party responsible for the injury (defendant.) In a negotiated settlement, the actual amount of damages awarded will be determined by the parties, their insurance companies and their attorneys, unless they decide to let the judge decide the case in court.
Below is a list of the different compensatory damages available when filing an accident claim with your attorney. Any damages awarded to the plaintiff in a personal injury case are designed to make the injured party “whole” again, at least from a monetary perspective. While it may be impossible to reverse the health-related implications of an accident or replace property that has been destroyed, but the court will attempt to put a dollar figure on the consequences of what happened. The only difficulty is when they try to place a monetary value on the plaintiff’s permanent disability or lingering pain from an accident-related injury.
An accident claim may result in the following compensatory damages, depending on the situation.

• Medical treatment – this covers the cost of medical care related to the accident or injury. It also includes the cost of medical treatment you will need in the future.
• Income replacement (lost wages) – you may be entitled to this if the accident had an impact on your salary or wages. It includes the income you have already lost plus the money you would have had the potential to earn in the future.
• Property loss – this could include any vehicles, clothing or other items that were damaged or destroyed in the accident. You will be entitled to repairs or replacement costs for the fair market value of the property.
• Pain and suffering – you may be entitled to receive damages for pain and suffering if you have experienced serious pain or discomfort during and after the accident.
• Emotional distress – normally linked to more serious accidents, emotional distress compensates the plaintiff for the psychological impact of a serious injury, including anxiety, fear and insomnia.
• Loss of enjoyment – when an injury keeps you from enjoying your favorite pastimes, such as running, boating, playing with children or traveling, you may be entitled to these damages as well.

An accident claim will not necessarily result in all of these compensatory damages, and the defendant’s insurance company is likely to dispute certain types of compensation, but an attorney can ensure your case is properly presented in court.

Simple Divorce in Colorado Springs with Affidavits

Need for Simple Divorce Procedures in Colorado Springs

The Colorado Revised Statutes are complex. This is one of the reasons why you need a competent Divorce in Colorado Springs to help you make your case. Not only does one have to know the various sections of the law along with all relevant annotations and exemptions, you also need to understand court procedures, which forms to fill, who to give them to and so on and so forth.

For couples undergoing a divorce, this can create a layer of stress that's added on to an already emotionally charged situation. But these procedures are important for divorces where the two parties don't agree to the divorce terms and need to fight it out. However, some divorces can be amicably settled and Colorado law gives such couples a chance to easily conclude their divorce without too many problems.

The technical term is called "Dissolution of marriage upon affidavit" and is laid down in Title 14, Article 10, Section 120.3 of Colorado law. There are a few conditions that need to be met for this procedure to be accepted by the court. Let's take a look at them below.

Conditions for Divorce on Affidavit

There are four conditions that need to be met before the court will accept the affidavit of either spouse.

Minor children

There must be no minor children in the equation. The wife mustn't be pregnant either. This removes a major complication in any divorce proceeding. However, in case there are children, both parties must agree to a separation plan with the help of attorneys from both sides. The agreement must address issues such as parental responsibilities as well as how much child support needs to be paid by either party.

Marital Property

There must be no marital property that needs to be divided between the two. In case such property exists, the two need to agree on how to divide it.

Serving Notice and no other problems

In case one of the spouses files an affidavit, the other must be served according to the legal procedure laid down by law. Also, there must be no other important issue to decide between the spouses that can have an impact on the outcome of the divorce.

Engaging a Divorce Lawyers in Colorado Springs

Both parties need to be represented by council in case there are children involved. In addition, the court isn't obliged to enter a decree of dissolution based on the affidavits, but can order a formal hearing if it thinks it fit. To ensure there are no problems with the affidavit and procedures, you need to engage a competent divorce attorney. Our Clawson & Clawson lawyers are well equipped to handle these cases. Contact us for a free initial consultation.

Six Important Questions to Ask When Hiring a Colorado Springs DUI Attorney/Lawyer

Few offenses call for more legal advice than DUI cases, and at this stressful time it is critical to seek the advice of experienced DUI attorney. Look for a Colorado DUI attorney with the knowledge and experience to refute the evidence that the state of Colorado has against you.

If you have been arrested for a DUI offense in Colorado Springs, you could be facing incarceration, driver’s license suspension or revocation and heavy fines. DUI charges can also put a strain on your family relationships and cause difficulties with your job, car insurance and transportation, not to mention your reputation. 

If you find yourself in this situation, it is important to know your rights. Hiring an experienced Colorado Springs DUI attorney/lawyer is a great place to start, but you will need to know the right questions to ask. 

1) Ask for examples of recent DUI and DWAI cases, and when the next one is scheduled. Your prospective attorney should have years of experience in Colorado Springs and a high level of familiarity with Colorado state DUI law. If they haven’t handled a DUI case within a few weeks of your consultation, then they are probably not a DUI specialist. Whenever possible, attend a hearing where they are defending a client against a DUI charge, and make sure you are happy with how well they perform in a courtroom.

2) Do you have any training in the use of SFST, or Standardized Field Sobriety Tests?
These are the roadside tests that the arresting office most likely ordered you to perform at the scene, and once again the answer should be yes. An attorney who is familiar with these testing methods will be able to easily refute incomplete or insufficient evidence.

3) What percentage of your practice is dedicated to DUI defense? This can include vehicular homicide and assault, and the answer should be 50% or higher. If not, then a firm should be able to assign you to work with an attorney who specializes in DUI defense. 

4) Have you been trained and/or certified on the operation of the Intoxilyzer 5000 breath-testing machine? Again, the answer should be yes, since many mistakes occur during the breath-test, either because of the operator’s handling of the machine or defects in the machine itself. 

5) Are you familiar with the tests given by a Drug Recognition Expert, or DRE? If you were examined by a DRE, you were given a more thorough round of tests, including blood-pressure, pupilometer, and some unfamiliar medical tests at the time of your arrest. A good DUI attorney will be familiar with the type of evidence that will be presented in your case, and will be prepared to present a sound defense on your behalf. 

6) How much formal training have you had in blood testing for DUI cases?
Your potential Colorado Springs DUI attorney should be very familiar with this type of testing, especially if you plan on contesting the blood-alcohol test in your case.

A DUI charge needs to be taken very seriously if you want to avoid dire consequences. You will need a Colorado Springs DUI attorney who knows the system and will be on your side. Look for an attorney who know the DA's and the judges and who can step in and take care of your case aggressively and competently.

How to Choose an Ethical Colorado Personal Injury Attorney

If you’ve ever heard the term “ambulance chasers,” you may also know of a few lawyers who fit this description perfectly. Fortunately, not every Colorado personal injury attorney is trying to drum up new business by looking at recent accident reports, as it was this practice that gave personal injury practices a bad name. It is considered “improper solicitation” for attorneys to solicit victims of recent car crashes by letter, telephone, or both. If this happens to you, do not trust that the lawyer is ethical.

There are plenty of reasons to hire a Colorado personal injury attorney and even more reasons why they do not deserve a poor reputation. However, few people think of these things until they are faced with a disruptive injury.

Here are a ways that an ethical Colorado personal injury attorney can help you: 

• They can force an insurance company to fairly compensate the injured.
• A Colorado Springs personal injury lawyer can ensure that someone involved in the accident is held accountable for the damages and injuries they caused;
• When dealing with a property related injury, a personal injury lawyer can ensure that the property owner is held accountable for their carelessness, which resulted in an injury on their property.
• A Colorado personal injury attorney can force an employer to create a safe workplace for employees and force landlords to provide safe apartments, free from defects that could be hazardous to their tenants.
• Ethical attorneys can force dog owners to prevent their dogs from biting people, as well as other dogs.
• They can also force manufacturers to produce good products that are not dangerous by discouraging them from cutting corners;
• Lastly, a Colorado personal injury attorney can hold accountable those who intentionally harm others through their actions, or through inaction.

When it’s time to consult with a Colorado personal injury attorney, don’t just go with the first person reaches out to you. You will want to interview several attorneys and learn as much as possible about their reputation and experience. A good Denver Personal Injury Lawyer will do more than get you the compensation you deserve; he or she will also do their best to prevent the same thing from happening again.

To learn more about how a Colorado personal injury attorney can help make you whole again after an accident, consult with one of the experienced lawyers at the law firm of Clawson & Clawson, LLP in Colorado Springs.

Military Divorce - Are You on Active Duty?

Military Duty and Divorce Proceedings

Unlike other jobs, military duty can require a Service Member (SM) to be posted far away from the place where court proceedings are held. While it is true that some other professions also require this, the US government has granted special privileges to military members in this regard. The act under which they are granted these special exemptions is called the Service members Civil Relief Act (SCRA).

The SCRA covers a wide range of situations in which mililtary members find themselves and has been amended several times to include new ones. The last amendement as of this date took place in 2003 under President Bush. It provides protection against default judgements, evictions, mortgage issues, life insurance, taxes, and many more cases where active duty can prevent an involvement in the case. In the case of a military divorce, it's recommended that you contact a Colorado Springs military divorce attorney to understand how the act impacts your specific case.

Provisions under the SCRA

A court can authorize a stay if a service member has received notice of the proceedings and is on active military duty. It also applies if three months haven't passed since the termination of duty. The court can give a stay of at least 90 days provided two condistions are met. First of all, the SM must give it in writing that he or she cannot appear. The letter must also give a date when the SM can appear.

Second, the SM's commanding officer must endorce the postion of the SM and certify that leave isn't available and that he or she can't appear before the court.

Additional Stay provisions

In case further delay is necessary, the SM can apply for an additional stay. If the additional stay can be foreseen at the time, the initial letter asking for a stay can also contain this request. As before, the relevant commanding officer must give a letter to substantiate the SM's position.

In some cases, the court may decide not to grant the additional stay. If this is the case, it is necessary for the court to appoint a counsel who will represent the service member in his or her absence.

Hiring a Lawyer

In order to take full advantage of the SCRA, it's important to hire a Divorce Lawyers In Colorado Springs to help you out. It's important for the court to understand that the application for a stay isn't frivolous and our Clawson & Clawson attorneys can ensure that you're heard seriously. Contact us now for a free initial consultation.

Colorado Springs Criminal Defense Attorney on Defending DUI Charges

As a Colorado Springs criminal defense attorney, I wasn’t surprised by the recent article in Men’s Health Magazine, ranking Colorado Springs as the “drunkest city in Colorado” and the 16th drunkest city in the United States.  The study was based on more than just DUI arrests.  It also factored in the severity of DUI penalties and the number of DUI related deaths. In addition, the long term health effects of too much alcohol seem to be catching up with Colorado Springs residents, because it also ranks 17th for liver disease, a common result of frequent binge drinking.

The reason I wasn’t too surprised by this study is that I see so many DUI and DWAI (Driving While Ability Impaired) cases coming through Colorado Springs’ criminal courts.  Even though the DUI laws are the 18th harshest in the nation, it still ranks 33rd for the number of total arrests for drunk driving.

Defending drunk drivers is not always easy, because a conviction can have serious long term consequences.  Not only could a DUI record result in prison time and suspension of a driver’s license, it can also have a lasting impact on employment opportunities and relationships.  For example, with a first offense and a blood alcohol level of .08 or higher, you may be facing five days to one year of prison time, a fine ranging from $600 to $1,000, 12 points on your license and/or community service, and you may either have your license suspended for nine months or be forced to attend an alcohol treatment program.

The type of sentence you receive depends a lot upon the results of your Blood Alcohol (BAC) test.   If you have been charged with a drunken driving offense, you need to seek an experienced lawyer and learn your rights immediately.

One way that an attorney can help is by finding mistakes in DUI arrest procedures, such as the BAC test, since they are not always done accurately.  Working with an experienced Colorado Criminal Defense Attorney will ensure your case is thoroughly investigated and you have the strongest defense possible. Contact the law firm of clawson & Clawson, LLP in Colorado Springs for a free consultation.

Denver Personal Injury Lawyer Explains How to Handle Work-Related Accidents

Have you recently been involved in a personal injury that occurred at your workplace?  If so, then you may not know how to deal with it from a legal standpoint.

A Denver personal injury lawyer can help you decide if you want to seek compensation for something other than your physical injuries.  For example, you may be suffering from mental distress or psychological trauma as well.  But calculating the compensation for psychological trauma can be tricky, and many employers try to avoid paying for this. 

Besides resting well and getting back on your feet, after a workplace injury your first priority will be to make some decisions.  Will you file a personal injury claim in a Colorado civil court?  Will you seek compensation that goes beyond your medical bills and workers compensation claim?  What will happen if you suffer further injury-related complications – either mental or physical - down the road?  Will you be eligible for additional compensation if you have already accepted a settlement from your employer’s insurance company? 

Most of these questions cannot be answered without the help of a dedicated and qualified Denver personal injury attorney.  When you are injured, you need to focus on getting well and let your lawyer figure out the details of your settlement and compensation. 

Most Denver personal injury lawyers are aware of what steps a company might take to avoid paying you what you deserve.  You can count on Denver personal injury lawyers Clawson & Clawson, LLP to give you a sense of stability and ensure you get the compensation you need to get well, whether that includes psychological or physical treatments.

An Accident Attorney Discusses Hit and Run Cases

In Colorado Springs and many other areas of the United States, an Colorado truck accident attorney or Colorado Springs personal injury lawyer is bound to work with a few hit and run cases involving a party who suffers injuries or other losses.  According to state law, hit and run is defined as any accident where the driver of a motor vehicle leaves the scene of the accident, but it is especially known for one where the perpetrator is intentionally trying to avoid legal consequences.  The term “hit and run” can apply to accidents involving another vehicle or one where a pedestrian was struck.  Over the years, the number of hit and run accidents has been on the rise, with records from the National Highway Traffic Safety Administration showing an increase of 15 percent in just one recent four year period

State traffic laws require that motorists involved in a vehicular accident follow certain guidelines after the incident takes place.  It is mandatory that drivers involved in an accident stop their vehicle as soon as it is safe to do so.  They are also required to exchange contact information with one another, including the name of their insurance company.  The same applies to motor vehicle accidents that involve property damage, but that may require writing a note to the owner of the property including your contact information.

In addition to providing contact information, the driver must take reasonable steps to provide assistance to help someone who sustains injuries, which may include a request for medical help and filing a report with local law enforcement authorities.

Accident attorney or criminal lawyer?

If you or someone you know has been identified as the defendant in a hit and run accident, the charges could be very serious, especially if the accident resulted in serious injuries or death. Keep in mind that the severity of this charge will depend on various factors surrounding the accident, but an Colorado Springs auto accident attorney will only work on behalf of victims in such a case by filing a claim for losses or damages. A criminal attorney will be the right choice of representation for the defendant while an Colorado auto accident attorney presents a strong case on behalf of the victim.

What are the penalties involved in a hit and run accident?

A lot will depend on how the accident took place, the extent or degree of the damages, and whether serious injuries were sustained.  For defendants, a Colorado criminal defense attorney  will attempt to minimize the punishment for this type of accident, but the penalties for conviction may include time in jail, probation, the loss or suspension of your driver’s license and punitive fines.

If you are the victim of a hit and run accident, an car accident attorney colorado will be able to help you get fair compensation for your injuries.  For more information about hiring an accident attorney in Colorado Springs, contact the law firm of Clawson & Clawson, LLC.

DUI Lawyer – The Consequences of Not Hiring One

When prospective clients inquire about hiring a DUI lawyer, they almost always ask if it’s really necessary.  Admittedly, it can be a difficult decision to make if you think your DUI charge will be a tough one to fight, but there is almost always a benefit to hiring an attorney.  First of all, a Colorado DUI lawyer will already be familiar with the laws of the state.  Every state has different laws pertaining to DUI/DWAI offenses, varying penalties for a conviction, and their own benchmarks for blood alcohol content (BAC).  Unless you are already very familiar with the system, you can always gain more insight by hiring an attorney.

To the uninitiated, the consequences related to a DUI charge can be downright alarming, and they can have far-reaching effects on a person’s life.  A Colorado DUI lawyer can help protect your rights in the event of an erroneous charge and prevent it from wreaking havoc on your life.  Not only is a DUI stressful financially, it can also be embarrassing.  DUI arrests are routinely reported in local media and they become a part of the public record, thereby making it difficult for affected families to remain anonymous.  While it’s not always possible to undo the damage or reverse the charges, a DUI lawyer can usually minimize the consequences.

Knowing your rights in a DUI arrest is a very important place to start.  Even after the initial arrest and subsequent paper trail, most defendants do not fully understand their rights under state law.   While you may think it will be expensive to hire a Colorado DUI attorney, it will be far more costly to deal with the penalties imposed by a conviction.  Without someone to represent your interests and defend you in court, you may not know how to handle the suspension of your driver’s license, mandated treatment programs and expensive fines.  With the help of a professional attorney, you have a much better chance of keeping your driving privileges intact while the case is awaiting trial.

After explaining your rights as a defendant, a Denver DUI attorney will go through a process called discovery, where he or she investigates the circumstances surrounding your arrest.  You may be surprised to learn how often law-enforcement officers make mistakes during an arrest.  Only a good DUI lawyer will know how to evaluate a field sobriety test to ensure it was done properly.  They will also examine evidence such as Breathalyzer tests and BAC results, and find out what happened immediately following your DUI arrest.  Once all of this information has been gathered, a DUI lawyer has a much better chance at getting your charges dismissed.

Instead of asking yourself whether a DUI lawyer is worth it, you may want to ask yourself - can afford not to hire one?

How Does a Personal Injury Lawyer Make Money?

When people first walk into the office of a personal injury lawyer, their initial concern is usually the cost.  “How much is this going to cost me?” they often ask.  But the truth is, without an attorney by their side, most people would feel uncomfortable filing a lawsuit.  Very few personal injury attorneys will charge an upfront fee or a flat fee; most only earn money when you get paid, so they have a vested interest in the case.  Of course, you would not have to share your settlement if you went to court without a lawyer, but few people know how to negotiate a settlement without the assistance of an attorney.

Not every injury or accident will be a good enough case to win a settlement, which means an attorney may choose not to represent you.  However, if he or she chooses to take on the case they will let you know their fees upfront.  The percentage taken by a personal injury lawyer can vary quite significantly, but you should be aware of it before you decide to file suit.  You should also know if there are any hidden fees for filing petitions, court fees and litigation. 

 

How do I handle compensation in a personal injury suit?

Keep in mind that you may one day be required to pay taxes on any compensation gained from a lawsuit.  As a result, many plaintiffs prefer to put the compensation from the lawsuit into an annuity.  Ask your personal injury lawyer for advice on how to set up an annuity.

Will the attorney’s percentage change if the case is settled out of court?

In most cases, a personal injury attorney will charge the same percentage against your compensation for a litigated case as he would for one that is settled out of court.  However, you may inquire with the lawyer to see if they would be willing to decrease their percentage for an out-of-court settlement.  When you become a client of a personal injury law firm, you will be required to sign an agreement upfront that specifies the percentage that the lawyer will earn from your settlement.

Who pays the settlement in a personal injury case?

If you have suffered an injury as a result of an individual’s negligence, their insurance company will compensate you for your injuries.  However, your attorney may also file a claim for your “pain and suffering,” which may exceed the limits of their insurance policy.  If that occurs, the individual would be responsible for the balance of the payment. If the court awards a settlement to you from a person who is not covered by insurance, then the attorney will ask the court to attach their other assets to the court order.

Find out how a personal injury lawyer will take on your case and help you get the settlement you deserve.

Workers Comp Attorney – When Is It Time to Hire a Lawyer?

Employers in Colorado are required to carry a policy to compensate workers in the event of a job-related injury, and yet their insurance companies don’t always want to pay out on a claim.  As a result, countless workers refrain from filing because they don’t think they could win.  A worker’s comp attorney can help you fight for your right to fair compensation, but it’s important to work with a lawyer who knows Colorado workers compensation law inside and out.

The Colorado workers' compensation laws provide for three types of benefits: medical benefits, lost-wage benefits and permanent disability benefits. Not everyone will qualify for all three, and few people will need permanent benefits, but if the injury is bad enough it could become a long-term payout.

Why do you need a workers comp attorney?

Keep in mind it’s in your employer’s best interest to scrupulously examine every case before paying benefits, since any payout might substantially raise their premiums.  The insurance provider hired by your employer is going to look at every detail of your case, from your medical records to your claim paperwork, before they make a determination that you are eligible for benefits.

Since your employer has a representative working on their behalf, it only makes sense for you to do the same.  If you are indeed injured on the job, Colorado law expressly states that you are entitled to compensation for lost wages.  Additionally, if your doctor says you cannot return to full-time work, and you are assigned to a “light duty” position, you are entitled to compensation to make up for any difference in weekly income.

Given the circumstances, one might expect the whole process of filing a claim to be cut and dry, but the attorneys who work for your employer’s workers' compensation insurer can lengthen the process intentionally.  A Colorado Springs worker’s comp attorney will help you prepare for this eventuality and build a strong case for your compensatory benefits.

If you think you may have a legitimate claim to worker’s compensation benefits, a worker’s comp attorney can help you get started.  With an experienced lawyer by your side, there is no reason to worry about the details, and you will have a much better chance of winning your case.

Be Relentless in Your Search for the Right Criminal Defense Attorney

If you’re looking to work with a Criminal Defense Attorney, you won’t want a lawyer who is only known for their discovery skills, or one who is known for being a great litigator; you will want an experienced lawyer who can handle it all.  Fortunately, with so many excellent attorneys in the Colorado Springs area, you will have no problem finding a competent criminal defense attorney.

At first glance, many of the articles about criminal defense law would have you believe that any lawyer who passed the bar exam can represent you in a criminal case.  While this may be true, you will have a much better chance of winning when your attorney is already familiar with the Colorado criminal court system.  Think about it; choosing a criminal defense attorney is a decision that could impact the quality of the rest of your life. You owe it to yourself to find one who can win your case.  A conviction for a violent crime in the state of Colorado carries lifelong implications, including jail time, employment problems and hefty fines.  You will want more than an attorney who can battle it out for you in a courtroom; you will want a lawyer who can roll up his or her sleeves and do the important work behind the scenes.

How do you know your hiring the best criminal defense attorney for your case?

• Ask the attorney how many cases they currently handle and how many hours per week they can spend working on your case.
• Find out how many cases like yours the attorney has handled in the past and inquire about the outcomes.
• Ask how many years the attorney has been practicing criminal law, and if that is the only type of law they practice.
• Find out how likely it will be for a plea bargain in a case like yours, and don’t be afraid to ask where he or she sees the best outcome for your case.
• Can the attorney navigate the Colorado criminal justice system and educate you about the written and unwritten rules of the court?

Hiring a lawyer is an important step and one that should never be done without the proper attention to detail. An experienced Colorado criminal defense attorney can do all this and much more.  Find out more about the best attorneys in Colorado Springs by contacting the team at Clawson & Clawson, LLP.

Colorado Springs Divorce - Attorney Fees

Awarding of attorney's fees in Colorado Springs

In order to ensure that neither party is at a disadvantage in a divorce proceeding, sometimes the court will find it necessary to equalize the financial resources of one spouse relative to the other. One way of doing this is to make one pay the attorney's fees for the other who can't afford to do so.

This is a very important and substantive aspect of a divorce action in Colorado Springs. Unlike other cases where attorney fees are awarded based on the merits of the case, in a divorce proceeding, fees are awarded on the basis of (among others) ability to pay since the only grounds for divorce in Colorado springs is irretrievable breakdown. For this reason, it's critical to engage the services of a Colorado Springs divorce attorney who will be able to present the facts of the case cogently before the court.

Conditions for payment

Under section 119 of Title 14, Article 10 of the Colorado Revised statutes, for the court to award attorney's fees to one spouse it must be proved that the receiving party can't pay for the divorce litigation and support themselves at the same time. It must also be shown that the other spouse can afford to pay the amount that is required.

The court can require either party to pay prospective attorney's fees in advance during a divorce proceeding. The court will have the necessary jurisdiction if it also has the power to decide alimony and division of property. The payment of attorney's fees can also be necessitated if there are litigation proceedings relating to the pending divorce even during the marriage.

It's interesting to note that a prenuptial or an antenuptial agreement where either party agrees to waive attorney's fees in case of divorce can be declared invalid on the grounds of being unconscionable.

Hiring a divorce attorney

The hearing for awarding attorney's fees is a distinct and separate aspect of the dissolution of marriage process just like alimony and division of property. There are different considerations that the court will weigh which are distinct from those used for other procedings. For this reason, you must hire a competent Colorado Springs divorce attorney who will be able to handle your case expertly and put your point across in a manner consistent with the law and which the court will understand to be relevant. Contact us for a free initial consultation.

A Personal Injury Attorney Can Help You Estimate a Settlement

Colorado Attorney

If you’ve been injured in an accident or on someone else’s property, you may have considered contacting a personal injury attorney for help in filing a claim.; While the claim process is relatively simple, some people are still very hesitant to move forward with legal action.; Perhaps you’re not sure if your accident would qualify for additional compensation, or you’re worried that a claim would look opportunistic.; But if you’ve been injured, the insurance company’s offering may not be sufficient to make you “whole” again.

After meeting with a personal injury attorney, most claimants learn they may be eligible for more compensation than originally anticipated.;; In most cases, personal injury claims are handled under tort laws and state-wide personal injury laws.; It is important to work with a lawyer who understands these rules so that he or she can accurately estimate the settlement on your claim.

Estimating a settlement on a personal injury claim will involve consideration of the following damages:

• Medical Bills - This includes the cost of medical treatments you have had for your injuries, and may also include a nurse that is needed to care for you for as long as it is medically necessary.
• Lost Wages - Another form of economic damages from an injury will include missed income or other compensation that may have been forfeited due to the injury
• Pain and Suffering - Probably the most subjective of all damages, pain and suffering can be estimated based on the type of injury you sustained and other similar cases where people have been awarded certain sums for pain and suffering.; In cases where the injury causes a long-term disability, these damages can be higher than medical bills and lost wages combined.
• Emotional Distress - Just like pain and suffering, emotional distress falls under the category of non-economic damages, but your personal injury attorney will often request compensation for the mental anguish you have endured since your injury.; Looking at past cases may help your attorney determine the amount of these damages.

Don’t let embarrassment or inexperience with legal claims prevent you from seeking damages from an injury.; A personal injury attorney can estimate the amount of your settlement and start the claims process for you. Your attorney will also help make sure any settlement you are offered is fair before it is accepted as full compensation.

A Criminal Defense Attorney in Colorado Can Build a Solid Legal Defense

If you have been charged with the felony crime of burglary, it is important to understand the consequences of a conviction under Colorado law. It goes without saying that you will want the strongest legal defense and a team of experienced criminal defense attorneys, but it is even more effective to work with a criminal defense attorney in Colorado Springs. A lawyer who specializes in defending burglary cases will know how to build a stronger defense for your case because they are most familiar with the Colorado legal system.

 

As the defendant, it is your job to gain a better understanding of how the state criminal defense. Burglary is defined as the crime of breaking and entering for the sole purpose of committing another crime. In order to be considered a “burglary” the entry does not necessarily require the use of force, but it must be “unauthorized”. Many people confuse the crime of burglary with theft, which it is far more serious than that.

In the state of Colorado, the crime of criminal can result in imprisonment, fines, probation and other consequences associated with a felony conviction; however there are several factors that will determine the severity of the punishment. These include a previous criminal record, the type of structure that was unlawfully entered, and the crime that was committed upon entry. If the suspect is currently on probation for another crime, that will obviously work against them in a court of law. A Colorado criminal defense attorney will be able to explain the probably consequences of the crime after examining the state’s evidence against you.

If you have been accused of burglary, you should speak with a Colorado criminal defense attorney immediately to learn about your rights, possible legal defenses and the intricacies of the legal system. Chances are you are already aware of the “degree” involved in your burglary charge. First degree burglary is a Class 3 Felony and is by far the most serious of all felony charges for this crime. A conviction of this magnitude will involve mandatory prison time because it usually involves a secondary crime such as assault. Even if there was no violent crime committed, if the intention of the crime was to steal an illegal substance such as a narcotic, it quickly becomes a Class 2 felony.

As you can see, the crime of burglary may be a difficult crime to defend without the counsel of an experienced Colorado criminal defense attorney. Before you decide on an attorney, make sure they have a successful track record of defending clients in this area.

How Can a Colorado Domestic Violence Attorney Help Your Case?

Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love one another.  It can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately, too many cases of domestic abuse are never reported to the authorities.  If you’ve taken the first step by calling 911, you may be looking for a domestic violence attorney to represent you in court.  But if you were planning to represent yourself, you may want to reconsider.

Criminal defense attorneys who specialize in domestic violence cases are usually skilled negotiators and dealing with them on your own can be quite intimidating.  As a Colorado Springs domestic violence attorney, I always recommend my clients take their case very seriously and learn as much about the law as possible.

Can a DUI Attorney in Colorado Help You Fight a Drunk Driving Charge?

Ask anyone who has ever been arrested with a DUI charge, there is nothing more difficult than being taken away to jail and charged with such a serious offense; especially if you are certain you are not guilty.  As a DUI attorney in Colorado, I am acutely aware of how many mistakes are made by law enforcement officers while making a DUI arrest.  Sometimes they don’t know how to operate the breathalyzer test, and other times they don’t follow procedure while making the arrest.  There are many ways to defend yourself against a DUI or DWAI charge in Colorado, but few people are aware of them.

How Colorado Personal Injury Attorneys Help You Win Your Case

Court House

It’s unfortunate when people worry so much about others’ opinions that it prevents them from making wise choices, but this is often what happens in the event of an unexpected injury.  Whether you’ve been seriously hurt in a car accident, fallen in a retail store or suffered poor health due to side effects from a medication, you may be entitled to damages.  In most cases, when damages are awarded they are far more than what the company’s insurance company would have paid you.  Seeking help from Colorado personal injury attorneys should have a stigma attached, but for some reason people shy away from taking legal action.  If this sounds like your situation, it may not be too late to act.

Personal Injury Attorney – What To Do if You Get Injured in Colorado

Clawson & Clawson LLP

Unfortunately, accidents happen every day, but fortunately most of us are only involved in a few of them.  We all hope that the car accidents and falls we suffer in life aren’t too serious, but sometimes and injury can make a life changing impact.  If you’ve been involved in an accident in Colorado and have been injured, it is usually a good idea to speak with a personal injury attorney. Only then can you be certain that you’re getting the right kind of care and the compensation you deserve.  Even if an insurance company takes care of the medical expenses, you may still be owed compensation for damages and future losses.When you are injured by the negligence of others, you need an experienced attorney who can skillfully analyze your case to make sure you are fully compensated for your injuries. That is why many victims of negligence turn to the Personal Injury Attorneys of Clawson & Clawson, LLP, who have extensive experience in protecting the rights of injured victims.