Colorado Springs Criminal Lawyer Blog

By Ericka L. Gasper
Criminal Defense Paralegal
The Gasper Law Group

Every now and then, it comes to my attention that there was a particularly unusual event that happened in a courtroom, or perhaps a humorous statement made on the record. While court proceedings are not generally regarded as “entertainment for the masses,” there are those times when it is just downright difficult to keep a straight face. While it could be argued that many of the semi-ridiculous courtroom quotations can be attributed to a lack of intelligence on the part of the speaker (or simply a desperate attempt to shift the blame), a number of past cases have proven that judges and attorneys are not immune to the desire to contribute to courtroom comedy.

1. Paper… Scissors… Rock on! In 2006, a Florida judge became utterly fed up with two attorneys who could not seem to come to a consensus on where to depose a witness. Rather than making a decision on his own, US District Judge Gregory Presnell decided to adopt what he called “a new form of alternative dispute resolution.” His ruling was as follows:

“At 4:00 P.M. on Friday, June 30, 2006, counsel shall convene… on the front steps of the [Courthouse]. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of 'rock, paper, scissors.' The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006."

It would seem that no one is above the old “Rock, Paper Scissors” form of resolution, even after obtaining a law degree and passing the Bar exam. Conflict resolution methods change as people age; yet, as this judge has suggested, perhaps we should abandon the more complicated forms of problem management and resort to a more primitive solution.

2. I’m a Barbie girl… in a Barbie world. A lawsuit in 2002 between MCA (who released the song “Barbie Girl”) and Mattel (maker of the Barbie doll) turned out to be a back-and-forth exchange regarding copyrights and …well… hurt feelings. Mattel claimed that the song did not paint a positive picture of their toy, while MCA argued that their song was more a social commentary than an attack on the plastic icon. After long arguments that turned into corporate banter, a less-than-impressed judge ruled that “the parties are advised to chill.”

Clearly, judges must often take on a parental role in the courtroom. Thankfully, some see fit to do so with a sense of humor. Unfortunately, the judge did not follow his remarks with the classic “Don’t make me turn this car around!”

Continue reading " A Funny Thing Happened On The Way To The Trial! " »

By
Tonya L. Holliday, Senior Paralegal
The Gasper Law Group

Have you ever wondered about the people you see on Dog the Bounty Hunter or people being arrested on COPS?

Well, once they are arrest and processed into jail a bond, otherwise known as bail, is either granted or denied based on several factors: the charge, employment history, residence, standing in the community, criminal history, just to name a few.

I recently had lunch with an office manager for a local bondsman and she enlightened me about their requirements. The requirements for using a bondsman to bail out of jail are based on the charge and the bond amount.

For instance if you have a bond of $100,000 you would need a percentage of that amount up front and a homeowner or business owner to co-sign and put up collateral for your bond to ensure you will be in court at every court hearing. If it’s a bond amount of $5,000 you would need a percentage of that up front and that’s it.

If you are on bond there are certain conditions that are required. You must have permission from the court and your bondsman to travel out of state. You must get consent from your bondsman to stay on bond between certain hearings. The bondsman is required to know where you are at all times. They usually have “bounty hunters” they employ if you miss court.

It's important that you check with your bondsman, and attorney to make sure you are doing everything that is required of you.

By Allen C. Gasper
Senior Partner
The Gasper Law Group

I’ve Been Charged, Now What?

During my years of practice in the criminal court system, I have been amazed constantly at the number of clients who have taken the time to seek legal advice, attend an initial intake appointment and spend time discussing the specific aspects of the case, only to ignore totally the advice given by the professional they spent time trying to locate. I find this amazing because it appears the client has convinced themselves that if the word is not spoken, if the possibility of culpability is not discussed, if the “less favorable” facts are not revealed, reality will conform to the client’s desired outcome. Not only is this foolish, it is often the most dangerous of paths, fraught with obstacles which may never be overcome.

It is generally accepted that individuals who find themselves exposed to potential liability for mistakes, errors in judgment or criminal charges determine that the best road is to do everything possible to present themselves in the best light available. While this may allow the individual to “sleep better” at night, it does not remove the circumstances which created the desire to shield themselves in the first place. Additionally, playing the “if I don’t acknowledge it, it will go away” game will only serve to waste precious time in preparation of a case which might be negotiated successfully utilizing the truth. So, what do you do when you visit an attorney for the first time after having been charged with a crime?

1. Be Honest. Believe me, your case is not the first of its kind. In fact, the chance a seasoned criminal attorney has seen your type of case before is overwhelmingly on your side. Attorneys are very busy and no one wants to chase the rabbit down the rabbit hole, simply because someone has made the decision to live in Alice’s Wonderland.

2. Don’t Tell Every Lawyer Your Story. Attorneys love to give advice. It’s what we do. We’ve been trained to do it and we love to share the fact we believe we are right with everyone we know. Not necessarily fun at the cocktail party but it is what every client seems to desire in the quest to feel better about the situation in which they have found themselves. It is my experience that potential clients are seeking that “feel good” experience during the initial intake and they will “cherry pick” all of the good stuff, ignoring the bad. The danger in telling your story to every lawyer you visit is that you will subconsciously incorporate the good advice of the lawyers visited into the story until it will be virtually impossible to remember the facts of the actual event when the desired lawyer is chosen. A seasoned criminal defense lawyer will wait until he has reviewed the District Attorney’s file thoroughly prior to debriefing the client on his version of the facts. The more accurate the client’s version of the facts – in light of the evidence presented in the DA file – the better chance the defense attorney has in developing a strategy to “counter-punch” the prosecutor’s already jaded view of the incident. Remember, sometimes the DA and police detectives have had been developing their version of the incident for months prior to turning their sights in the client’s direction.

3. But, if I am honest, I will certainly be found guilty. Not necessarily. Remember, just because the incident actually occurred, doesn’t mean there is no avenue to lessen the responsibility that might be pushed in your direction. As an example, someone who commits a homicide may be completely justified depending on the facts presented. Self-defense? Possibly, but not readily recognized by the attorney if the justification for the client’s actions is hidden by the client’s misrepresentation of the facts during the initial stages of the case’s preparation. Further, the client compromises his own credibility when it appears the “story” has been changed in order to accommodate a potential defense.

Continue reading " FINDING A LAWYER, INTERVIEWING AND CHOOSING YOUR DEFENDER " »

By Robert R. Gray
Firm Administrator
The Gasper Law Group

“I’m innocent and I shouldn’t have to pay for my legal defense”. “It’s just not fair”.

So, this is just my opinion… but after being involved in the system for over a decade, I truly believe that we have a “Legal” system and not a “Justice” system. I guess it would be a little strange to end the Pledge of Allegiance with “ … with Liberty and Legal for All.” However, it is often times a reality that there is no “Justice” in our “Justice System” when an innocent defendant has to pay significant costs for hiring a lawyer to defend him or her without the ability to recover those expenditures.

Regardless of the innocence of the defendant, the cost of legal representation is tremendous. Like I often tell potential clients, “I bet this wasn’t in your budget!” Especially in these difficult economic times, the cost of a Criminal Defense Lawyer is often a burden that defendants and their families have trouble coping with.

OK … so what’s my point? Well, I guess it’s time to brag a little. You see, I have the honor of working as the Firm’s Administrator for a Criminal Defense, Domestic Relations, and Civil Law Firm that has as one of its mottos “helping people first”. That is, at the Gasper Law Group, we understand that the cost of legal services is very expensive and most often not a consideration in one’s budget. It’s why from the inception of the firm, Allen C. Gasper, the firm’s Senior Partner, made the statement that we would do whatever we could to ease the cost burden of hiring an attorney.

This philosophy has made it so The Gasper Law Group has some of the lowest retainers in the business, work out individual payment plans; payment plans with ZERO INTEREST, has set low Flat Fees for Criminal Defense, and works with clients to assist them in affording the very best in legal representation at a cost that the average family can afford. It’s why attorneys at The Gasper Law Group do not “talk money” with clients. They are truly all about “helping people first” and when you are talking to an attorney at The Gasper Law Group, they are talking to you about your matter; their only worry!

Continue reading " Our Criminal Defense System - A Costly Endeavor " »

By Mark C. Cohrs
Chief Investigator
The Gasper Law Group

As an employee of a reputable law firm, I often get to witness the interesting dynamic of certain clients who refuse to follow the professional advice for which they pay. Some clients tend to only consider advice that is immediately favorable to them, regardless of the potential impact to their case. It sometimes seems as though they adopt the doubting nature of a child who is told to not touch the hot stove top. In the case of the doubting child, the detrimental result is instantly realized, which is not always the case in the criminal justice system. The stinging effect in legal situations may not surface for an extended period of time, but they need to hang on when it does.

Clients faced with domestic no contact orders often reconcile with the protected person, with total reliance on the belief that nobody will ever know. Those couples often manage to experience relationship bliss until, you guessed it, a disagreement ensues. From there it only takes a phone call to the authorities to enact that long arm of the law
.
I often wonder if the decision to ignore the advice is made out of an arrogant belief that they know more than the lawyer. In comparison, I was recently involved with the process of guiding a group of horseback riders over a fairly treacherous creek crossing. The most experienced of us collectively selected a spot that had previously proven to be the safest of locations to cross.

However, several of the impatient riders failed to remain as riders when they were rapidly ejected as they chose to attempt to cross at a different location. I found this to be similar to the process of assisting clients with the decision to enter into a plea agreement instead of risking a trial in front of twelve strangers. In most cases when the evidence suggests a strong likelihood of conviction, our advice will generally lean towards achieving the best guaranteed result for the client.

Continue reading " Following Expert Advice in Criminal Defense Matters " »

By Clint C. Cohrs
Accounts Manager
The Gasper Law Group

Imagine this situation. You have recently turned 18, and are now legally an adult. You are young, impressionable and apt to making poor decisions with little regard to the consequences of your actions. Next thing you know you find yourself face to face with a police officer who is writing you a ticket and arresting you for driving under the influence. You are in the back of the police car driving to the hospital for the required tests and wondering to yourself, what do I do now? What are my rights? Am I going to jail? How much is this going to cost me? Do I need an attorney?

This was me 8 years ago. I was scared, making minimum wage, and had no clue of how the legal system works. All I knew was that I had a court date and needed help. I contacted several attorneys and after realizing the cost of my actions, decided to go it alone. That might not have been the best decision ... but after all, hindsight is 20-20!

The only thing I knew was that I had a court date coming up, and had better be there. After showing up to a few dates, and meeting with the district attorney a couple of times I was able to negotiate a “deal”. At the time I was pretty satisfied with myself, and the money I had saved by doing it myself. This is until the sentencing came. I was facing jail time, restitution costs, community service, drug/alcohol abuse classes, random drug/alcohol tests, and therapy. To make things worse I no longer had a valid driver’s license to help me complete all of these court ordered tasks.

How could things get any worse? What would have been the outcome if I had hired an attorney? To this day, I still ask myself these very questions. Don’t let yourself be caught in this situation wondering how things could have been better. Get the expertise of someone who knows the legal system and will fight to ensure that your rights and concerns are addressed. I sure wish that I had…

By Caryn J. Adams
Attorney & Partner
The Gasper Law Group

There has been a lot of media coverage on the recent statutory changes to Colorado’s drug laws. (Colorado Springs Gazette "Sentencing reform bill would cut some prison terms, fund drug rehab", Denver Post.com "Lawmakers propose changes to drug sentencing",Colorado Drug Crimes: 2010 Law Update, Colorado Governor Approves New DUI and Drug Crime Laws, Colorado reducing penalties for certain drug possession crimes). Therefore, the following is intended as a brief and incomplete summary of the changes rather than a discussion of how exactly those changes will be beneficial. In general, the intent is to move away from long prison sentences for drug users (as opposed to drug dealers) and towards greater efforts at treatment. The hope is that a regime that values treatment over incarceration will more rehabilitative for those convicted of drug offenses and more cost effective for the community.

• For years, use of a controlled substance has been treated as a felony offense. The new statutes reduce the use of all controlled substances to a Class 2 Misdemeanor. (One exception: use of two ounces or less of marijuana without a prescription is a petty offense, punishable by a fine).

• Offenses relating to the manufacture or distribution of controlled substances other than marijuana are largely unaffected by the changes. This also includes the offense of possession with the intent to distribute. The biggest change here is an additional statutory section making dealing drugs to a minor Class 3 Felony punishable by a MANDATORY term in the Department of Corrections of at least 4 years.

• Possession of methamphetamine is still either a Class 4 or Class 6 Felony, but the amount that marks the tipping point between the two felonies has changed. Before July 2010 possession of more than a gram of methamphetamine boosted the level to a Class 4 Felony. Now, however, possession of TWO grams or less is a Class 6 Felony, and more than that becomes a Class 4 Felony. This is an important distinction since Class 6 Felonies are punishable (presumptively) by up to 18 months in the Department of Corrections, and Class 4 Felonies range up to 6 years in the DOC. Probation is also still a potential sentence for either offense.

Continue reading " Recent Changes In Drug Offender Statutes " »

By Ericka L. Gasper
Criminal Defense Paralegal
The Gasper Law Group

When I entered the fast-paced world of the paralegal at the Gasper Law Group approximately three months ago, I expected to learn new and fascinating things about the law and the American justice system every day. Of course, this meant that after about 6 months, I would be completely well versed in everything legal, and ready to open my own law practice by December. Sadly, it does not appear that this prophecy will be fulfilled in what I deemed an acceptable time frame.

After working for a short time in family law and now settling in the criminal division, I have discovered some crucial concepts that are often overlooked when one finds oneself in the stressful situation of appearing before the court. I thought I would share this newfound knowledge.

1. The police never think it’s as funny as you do. Sure, we’ve all pulled practical jokes, many of which have gone awry. Sure, we’ve had those moments when, despite the fact that the calendar puts our age over thirty, the suppressed high school teenage mindset takes over. While it may seem entertaining to party like a college student well into one’s adult years, the police do not generally appreciate the humor in the situation. In the end, their opinion is the one that counts.

2. Restraining Orders are not “suggestions.” Generally speaking, when a judge issues an order, he or she means it. As such, when a No Contact Order or Permanent Restraining Order is in effect, a strong desire to tell the other party something funny that Uncle Vernon said last week, or let them know about the new sprinkler system that was just installed, must be overcome.

3. Dress codes do not end after high school. Anyone who says that first impressions are meaningless is living in an alternate reality. When appearing in front of a judge for the first time, one must keep in mind that this person has the power to decide your fate. Thus, showing up like it’s a spirit day in junior high (pajama day, 80’s style day, crazy hair day, etc.) is probably not the best plan. Showing up in a sports bra and gym shorts (yes, I’ve seen it) will not demonstrate the same deference that, say, a suit and tie would. Aretha had it right – it’s all about R-E-S-P-E-C-T.

4. Your attorney knows more about the law than you do. It is always a bit baffling to me how many people come in telling the attorney how to handle their cases. Unfortunately, watching “Law and Order,” “The Practice,” and “Boston Legal” is not the equivalent of a law degree. In reality, the courtroom is not scripted. A small piece of advice: Hire a lawyer you feel you can trust, and then trust him.

5. Hollywood star treatment does not apply to everyone. Mel Gibson. Charlie Sheen. OJ Simpson. Wynona Ryder. I constantly hear the argument that “They got off with just a slap on the wrist… I should too!” Yes, it’s sad that there may appear to be a double standard in the way that Hollywood celebrities are treated when it comes to justice. Wrong? Probably. Still, it is important to remember that one cannot go into the courtroom ready to plead “Lindsay Lohan.” Accept it… move on.

Continue reading " Appearing Before The Court - Dress Codes? " »