Colorado Springs Criminal Lawyer Blog

By Caryn J. Adams
Partner and Attorney
The Gasper Law Group, PLLC

Why would a guilty man faced with the certainty of a long mandatory prison sentence hire a lawyer? Why would he do so if he had confessed everything about his crime to the police? If there were no holes in the District Attorney's case against him? If he had no hope of "beating the rap"?

First, a case that appears hopeless may not be. A good defense attorney is trained to look for any weakness in a case, especially weakness that someone with less legal experience might overlook. For example, was that confession taken in a manner that meets Constitutional muster? Did the police commit any Fourth Amendment violations in their investigation? Does the evidence gathered meet the strict elemental requirements of the statute? If drugs were seized, were they tested? Was all laboratory work done correctly? As one of my clients recently put it, "If the District Attorney is going to hold a gun to my head, I'd like to know if it's loaded."

But let's assume for a moment that the experienced criminal defense attorney examines the evidence and determines the case is airtight. What then?

I am convinced even cases that may appear hopeless can benefit from negotiation with the District Attorney. Given the number of cases filed every year, the District Attorney simply cannot try every single one. Very few people indeed are prosecuted to the “fullest extent of the law.” The resources are just not there. About ninety-five percent of all criminal cases are resolved through the plea bargaining process. This obviously includes a vast number of cases where the person accused is, in fact, guilty.

Continue reading " Negotiation with a Gun to Your Head. " »

Authored by Staff Attorney
The Gasper Law Group, PLLC

As a child, when I was really out of line, my parents would occasionally spank me. No doubt I deserved it often, probably far more than I was actually spanked. My parents always explained why it was that I was being spanked, and used an open hand to my buttocks. It was always done in love, but no doubt sometimes it hurt to sit down afterwards.

Through the years I have met numerous friends that were also punished with physical discipline. A couple of my favorite stories involved grandparents that, when my friends were out of line, would make them go into the woods to choose with which switch they wanted to be spanked. This was apparently a difficult decision. A thinner stick may leave a thinner welt, but would travel much faster and could sting more. Whereas a larger stick would leave a bigger welt, but the thickness of it prevented it from striking so quickly. No doubt, such use of switches for physical discipline of children seems archaic now to many people. Yet, my friends seem to have turned out quite well despite it and are even thankful for it.

However, in this day and age of the nanny-state knowing better than parents, local officials’ seemingly constant belief that they know best, and mandatory reporting requirements of virtually anyone that is paid by the government and works with children to report anything that could be potential child abuse, things are no longer so simple. Ironically, in an age where children are more and more incorrigible and undisciplined, the government works to limit traditional methods of instilling discipline and values in our children. For many, there is a narrow list of acceptable ways to discipline children. If you stray outside that list, or discipline in any way that can be considered strict, you are out of line and must be punished. And unfortunately the system is certainly not consistent in what is worthy of punishment.

Continue reading " Parenting and Discipline - Can I Spank My Kids? " »