Month: December 2017

The Most Difficult Criminal Charges to Defend

The Most Difficult Criminal Charges to Defend

Every criminal case has its own unique challenges, but there are some criminal charges that are typically more difficult to defend than others. It’s in your best interest to learn which criminal charges are the most difficult to defend so you understand the importance of finding an experienced attorney if you ever face one of these charges.

First Degree Murder

First degree murder is by far the most serious criminal charge that anyone can face in the state of Colorado. Although every murder charge is serious, first degree murder carries the most severe penalties. This is because it involves premeditation, meaning the defendant is accused of planning the murder of his victim in advance.

First degree murder cases can be challenging because of the amount of evidence that may be submitted to the court. Attorneys will most likely need to hire experts that can help them poke holes in the prosecution’s case and get their clients off the hook.

Finding an attorney to defend you can also be difficult because most attorneys have no experience with first degree murder cases. However, criminal defense attorney Scott Reisch has won four separate cases for clients facing first degree murder charges, which is practically unheard of. In each of these four cases, Mr. Reisch’s clients were acquitted of every single charge that was filed against them, including first degree murder. Based on his experience, it’s clear that Mr. Reisch is the best attorney to represent clients that are facing these serious charges.

Crimes Against Children

It can also be difficult to defend clients that are accused of committing crimes against children. Why? These cases can be very emotional since they involve young victims and the prosecutor will play into the emotional aspect of the case. As a result, the jury may find it hard to put their feelings aside to give the defendant a fair chance.

White Collar Crimes

White collar crimes such as fraud and embezzlement can also be more challenging to defend than others. This is because investigations into these crimes are usually incredibly thorough, which means there will be a lot of evidence to analyze. The evidence is typically difficult for jurors to understand because it is financial in nature. This means your criminal defense attorney must find a way to simplify it in order to win your case.

Have you been charged with a crime? If so, contact a criminal defense attorney at Reisch Law Firm right away. Our criminal defense attorneys have the experience and legal resources to take on any type of criminal case, regardless of the complexity. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Avoid A DUI Over the Holidays

How to Avoid A DUI Over the Holidays

DUI arrests typically spike around this time of year since many people consume alcohol as they celebrate the holidays. Law enforcement officers know that alcohol consumption and holiday celebrations go hand-in-hand, which is why there will definitely be a larger police presence on the roads through the end of the year. How can you ensure your holiday season isn’t ruined by being arrested? Avoid a DUI over the holidays by following these tips:

Download Ride-Sharing Apps

Make sure the Uber and Lyft apps are downloaded on your phone before you head out to celebrate the holidays. Then, create an account and enter your payment information so the app is ready to use. It’s much easier to convince yourself to call a ride-sharing service after you’ve had a few drinks if the apps are already set up on your phone.

Host the Party

Host a holiday party at your house so you don’t have to worry about driving to get to the celebration. If you do this, make sure that you help your guests get home safely after the party is over by calling a taxi or asking a sober guest to drive them home. You should also allow close friends and family members to stay the night at your home if they have been drinking.

Don’t Try to Measure Your BAC

There are a number of apps that claim they can determine if you are sober enough to drive. These apps may ask you to take a quick test or enter the number of drinks you’ve had. Then, the app will tell you an estimate of your current BAC. However, these apps are not accurate. Do not ever assume that it is safe for you to drive because one of these apps says you are below the legal limit.

Share Designated Driving Responsibilities

Do you plan on attending multiple parties during the holiday season? If so, share the designated driving responsibilities with other friends who are also invited to the parties. For example, tell your friends that you will stay sober at Friday night’s party as long as someone else takes the designated driver role at Saturday night’s party. This type of agreement ensures that everyone has fun, stays safe, and avoids legal trouble.

If you are charged with DUI this holiday season, contact Reisch Law Firm as soon as possible. Our team of experienced criminal defense attorneys will fight the charges that have been filed against you. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Car Accidents Caused by Road Hazards

Car Accidents Caused by Road Hazards

The vast majority of car accidents are caused by driver error or drivers that are distracted, inexperienced, or intoxicated. But sometimes, a car accident occurs due to a road hazard. What kind of hazards can cause drivers to crash? Who is liable for car accidents caused by road hazards? Here’s what you need to know:

Common Road Hazards

A road hazard is any type of dangerous condition on the road, including excessive gravel, pot holes, oil spills, uneven lanes, standing water, or debris. Some road hazards, such as ice patches or snow, are caused by environmental elements. But others, such as pot holes and bumpy roads, are problems with the actual road itself.

Who is Liable For Car Accidents Caused by Road Hazards

If you have been injured in a car accident, the first thing that your attorney must do is determine who is at fault for the crash. If the accident occurred because of a problem with the road, the government entity that is responsible for maintaining the road could be held liable.

It’s important to note that filing a claim against the government is very different from filing a claim against another driver. How? First, the claim against the government must be filed within 180 days, which is significantly shorter than the three year time limit that other personal injury victims have. Before this 180 day period is up, the victim must submit a written notice that includes:

  • Contact information
  • Brief description of what happened, including where it happened and under what circumstances
  • Information on what injuries the victim sustained in the accident
  • How much compensation the victim is trying to recover

If this notice is not received within 180 days, the government will not allow you to file a claim. For this reason, it’s important to move quickly and get in touch with an attorney as soon as possible after an accident.

Other Liable Parties

The government is not the only party that could be responsible for your injuries. It’s possible that another driver involved in the accident was partly or totally to blame. If the accident was caused because of a road hazard near a construction site, the company that was contracted to do the construction may be responsible. Let an attorney analyze the details of your case to determine who should be held liable for your injuries.

Have you been injured in a car accident caused by a road hazard? If so, contact Reisch Law Firm today. Our personal injury attorneys have years of experience filing claims against city, county, and state government entities. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Inadequate Security and Premises Liability Laws

Inadequate Security and Premises Liability Laws

No one should have to fear for their safety while on someone else’s commercial or residential property. But unfortunately, many people are assaulted due to inadequate security at another person’s property. If you’re injured in this type of accident, who is liable for your injuries? Here’s what you need to know about inadequate security and premises liability laws:

What is Premises Liability?

Premises liability laws state that a property owner must maintain safe conditions on his property in order to ensure that visitors are not hurt. If he fails to do so and a visitor is hurt as a result, he can be held liable for the victim’s injuries.

What is Adequate Security?

What is adequate for one property is not necessarily adequate for another, which is why this is determined on a case-by-case basis. In general, property owners can provide security to guests in the form of trained security officers, security cameras, and adequate lighting.

When Do Property Owners Need to Provide Security?

Whether or not a property owner should have provided security will be determined on a case-by-case basis. Some property owners have a greater duty to provide security to visitors than others. For example, the owner of a shopping center may have a duty to protect his customers by providing security inside and outside of the stores. But, a woman who lives in an apartment complex does not have a duty to provide security to her guests in the parking lot outside of the building.

Property owners should also provide security when there has been a history of criminal activity on the property.

When Can Victims Recover Compensation?

Victims can only recover compensation when they can prove that the property owner’s failure to provide adequate security was negligent. To prove this, the victim must show that the property owner either knew or should have known about the security issue, but did nothing to fix it.

For example, let’s say a property owner or one of his employees had to call the cops multiple times within the last few weeks to report crimes in the business’s parking lot. Even though the property owner knew criminal activity was taking place in the parking lot, he failed to provide adequate security to his customers. In this case, the property owner would be liable because he was aware of the risk and did not take action to keep his customers safe.

If you have been injured due to lack of security on another person’s property, contact Reisch Law Firm today. Our experienced personal injury attorneys will immediately begin to gather evidence that we need to hold the property owner accountable for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who is Liable in Car Accidents Caused By Bad Weather?

Who is Liable in Car Accidents Caused By Bad Weather?

It’s very difficult to navigate through weather conditions such as rain, snow, sleet and hail, which is why so many car accidents occur in times of bad weather. But since no one has the power to control the weather, who is to blame for these accidents? Here’s what you need to know about liability in car accidents caused by bad weather:

Negligence Remains A Key Issue

Insurance companies place the blame on whichever driver was acting negligently at the time of the accident. The insurance adjuster will consider a number of factors when determining which driver was negligent, including the weather conditions. But, this does not mean the at-fault driver will be off the hook if the insurance adjuster discovers the accident was caused by bad weather.

Insurance companies believe that it is the driver’s responsibility to control his vehicle at all times—even in bad weather. This means that a driver must know how to quickly adjust in different weather conditions to avoid an accident. If he fails to do so, he could be held liable.

For example, driving at the speed limit is safe when the weather is sunny and clear. But, drivers usually need to slow down a bit when it starts to rain. This is because the roads become slick and visibility becomes limited as the rain pours down on drivers’ windshields. If a driver does not make this adjustment and gets into an accident as a result, the insurance company may find him liable. This is true even if the driver was going below the speed limit at the time of the accident. If the insurance company believes he was still driving too fast, it won’t matter.

Shared Fault

Fault is often shared between two or more drivers in accidents that occur in bad weather. When fault is shared, it means that both drivers are partially responsible for causing the accident. In this situation, the injured party may still be able to recover compensation even if she is found to be partly at fault for the accident.

However, there is an exception to this rule. In the state of Colorado, car accident victims cannot recover compensation for their injuries if they were more than 50% responsible for the accident. The other driver’s insurance company may try to argue that you are over 50% responsible so they do not have to compensate you, but an attorney can help in this situation.

Have you been injured in a car accident that occurred in bad weather? If so, contact Reisch Law Firm today so we can begin working with the insurance company to recover the compensation that you deserve for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Inadequate Lighting and Slip and Falls

Inadequate Lighting and Slip and Falls

A fall that occurs on someone else’s property is known as a slip and fall accident, and in many cases the property owner can be held liable for any injuries sustained in this type of accident. Many slip and fall accidents are caused by wet floors, defective stairs, or torn carpeting. But, one of the lesser known causes of these accidents is inadequate lighting. Here’s what you need to know about inadequate lighting and slip and falls:

What is Inadequate Lighting?

Inadequate lighting conditions exist when the areas of a property that visitors are often on are not clearly lit at night. Sometimes, this is a result of a poor design. For instance, a parking lot may not have been designed with enough lights to light the entire area. It could also be a result of a failure to maintain the property if the problem is that the light bulbs have not been replaced or repaired.

How Inadequate Lighting Leads to Slip and Falls

If a person cannot see clearly, it is incredibly difficult to avoid hazards that may be in their path. For example, a person walking through a parking lot will need adequate lighting in order to know where the sidewalk ends or where parking lot curbs are located. Without lighting, he may run into a curb or take a tumble off of the edge of the sidewalk.

When is the Property Owner Liable?

The premises liability law states that property owners must maintain safe conditions on their properties in order to protect their visitors from harm. But, a property owner will not necessarily be held liable for every accident on his property that is caused by inadequate lighting. In order to prove liability, the plaintiff must be able to show one of the following:

  • The property owner (or his employee) is responsible for the inadequate lighting
  • The property owner (or his employee) knew that there was inadequate lighting
  • The property owner (or his employee) should have known there was inadequate lighting because a reasonable property owner would have known about this issue.

If the plaintiff cannot prove one of the above conditions, the property owner will not be ordered to compensate you for your injuries.

Proving liability in inadequate lighting cases can be challenging, which is why you will need help from an experienced personal injury attorney. If you have been injured in a slip and fall, contact Reisch Law Firm today so we can begin gathering evidence to prove your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is Reasonable Suspicion?

What is Reasonable Suspicion?

A police officer cannot briefly detain someone or perform a pat-down on the outside of his clothing without reasonable suspicion that the person has committed a crime, is about to commit a crime, or is in the middle of committing a crime. It’s important to thoroughly understand the concept of reasonable suspicion so you know if your rights are being violated by a police officer.

Reasonable Suspicion Is More Than A Hunch

Police officers cannot choose to detain or pat someone down because of a gut feeling that the person has engaged in criminal activity. A hunch is not enough to meet the legal standard of reasonable suspicion.

What is enough? Anytime that a police officer chooses to detain someone or perform a pat-down, he must be able to describe why any reasonable law enforcement officer would be suspicious of the person. This means providing specific facts and circumstances that show how the police officer arrived at the conclusion that the person was involved in criminal activity.

For example, a police officer may spot an individual that is walking along a street at night with a crowbar in his hands. As he gets closer to the person, the officer notices that he is also looking into the windows of cars. A reasonable police officer in this situation would most likely assume that the person is about to break into a car to steal someone else’s belongings. Therefore, the officer has the right to briefly detain and perform a pat-down on this individual.

Reasonable Suspicion vs. Probable Cause

People often confuse reasonable suspicion and probable cause, but these two legal standards are very different. The legal standard of reasonable suspicion is met if a reasonable police officer would assume that a person is involved in criminal activity based on the facts and circumstances. On the other hand, the legal standard of probable cause if met if a reasonable person would make this assumption.

A police officer cannot arrest someone with reasonable suspicion alone. To make an arrest, he must have probable cause, which requires more evidence. Police officers also cannot perform searches or seize evidence without probable cause.

Have you been detained, pat down, or arrested? If so, contact the criminal defense attorneys at Reisch Law Firm today. We will review your case to make sure that the police officer followed proper protocol when interacting with you. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What to Do If You’re Under Investigation

What to Do If You’re Under Investigation

If law enforcement suspects that you have committed a crime, they will launch an investigation in order to gather evidence that confirms or disproves their suspicions. What should you do if you discover that you are under investigation? Follow these tips:

Speak to a Lawyer First

Anyone that is under investigation should speak with an attorney before talking to the police. This is true regardless of whether you are innocent or guilty. You will need an attorney to help you understand what crime you are suspected of committing and what your rights are at this point in this process. People that choose to speak to the police before consulting an attorney may end up saying something that can be misconstrued and used against them. Do not answer any questions or provide any information to the police until you have met with an attorney.

Do Not Destroy Evidence

It’s normal to feel a bit of panic if you find out that you are under investigation. But, it’s never a good idea to destroy evidence related to the crime that is being investigated. Destroying evidence will show the investigators that you have something to hide, which means they will start to look at you even more closely. In addition, anyone that intentionally destroys evidence could face legal consequences for doing so.

Do Not Talk About the Investigation

Friends and family may want to check in and see what’s going on in the investigation. But, it’s strongly recommended that you do not talk to anyone about the investigation besides your attorney. Politely tell your loved ones that you have been advised not to talk about the details until the investigation has come to an end.

Do Not Give Consent to Searches

In most cases, a law enforcement officer cannot search your property unless he either has a search warrant or your consent. If a police officer shows up at your home without a warrant, do not give him consent to search your property. Keep in mind that if you do not give consent, he may come back to your property in a few days with the proper warrants.

Are you under investigation? If so, contact the criminal defense attorneys at Reisch Law Firm today. We will protect your rights during the investigation and work tirelessly to prove your innocence before charges are filed. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Rights of Criminal Defendants

The Rights of Criminal Defendants

Even though a criminal defendant is someone that is suspected of breaking the law, he still has certain rights that are protected by the Constitution. It’s important for you to understand these rights so you can ensure they are not violated if you are ever arrested and charged with a crime. Here are some of the rights of criminal defendants:

The Right to Remain Silent

Perhaps the most well-known right is the right to remain silent. Criminal defendants should begin to exercise this right immediately after they are arrested so they don’t accidentally make any incriminating statements.

The Right to Confront Witnesses

The Sixth Amendment of the Constitution gives criminal defendants the right to confront and cross-examine witnesses in their case. This means that witnesses are typically required to appear in court and be questioned by both the prosecution and defense.

The Right to a Speedy Trial

No criminal defendant should have to sit behind bars for a long period of time if they have not been found guilty yet. Fortunately, the constitutional right to a speedy trial prevents this from happening. However, the law does not specify how quickly the trial must take place after a defendant is arrested and charged.

The Right to a Public Trial

A criminal defendant’s fate must be decided in a public, as opposed to a private, trial. This right was established to create a checks and balances system of sorts. Because the trial is public, members of the press and the defendant’s loved ones can ensure the government is treating the defendant fairly.

The Right to a Jury Trial

The Sixth Amendment also gives criminal defendants the right to a trial by jury, which usually consists of twelve people selected from the community. There are also certain rules that should be followed regarding how the jury is selected and screened. For example, an attorney can ask to have a potential juror dismissed if he feels that the juror is biased.

The Right to an Attorney

A criminal defendant should never have to face his charges without the help of an attorney, which is why defendants all have the right to legal representation. Defendants that cannot afford an attorney will have one appointed to them by the court. But, these public defenders do not have the same legal resources or experience that criminal defense attorneys do.

Don’t put your future in the hands of a public defender—contact the criminal defense attorneys at Reisch Law Firm today. Our team of criminal defense attorneys will ensure that your constitutional rights are never violated as we fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How A Truck Driver’s Health Could Cause Truck Accidents

How A Truck Driver’s Health Could Cause Truck Accidents

The federal government heavily regulates the trucking industry in order to keep our roads safer. For example, one regulation that was designed to eliminate drowsy driving limits the number of hours that truck drivers can operate a truck without taking a break. One topic that is not addressed in these regulations is a truck driver’s health, which could cause truck accidents according to new research.

Researchers at the University of Utah School of Medicine set out to determine if there was a link between a truck driver’s health and his risk of being involved in a truck accident. The team analyzed medical records from nearly 50,000 truck drivers and identified certain conditions that could be linked to poor driving performance. Some of these conditions include heart disease, high blood pressure, low back pain, and diabetes. Sadly, over one-third of the truck drivers analyzed in this study had at least one of these conditions.

But, having one of these conditions may not be enough to increase the driver’s risk of being involved in an accident. Researches found that the rate of accidents involving injuries among all drivers was 29 for every 100 million miles traveled. The rate of accidents did not significantly increase until researchers began looking at drivers that had three or more medical conditions. These drivers were involved in accidents with injuries at a rate of 93 per every 100 million miles traveled.

What does this tell us? Drivers may be able to control their health problems if they only have one medical condition that needs to be treated. But, if they begin to develop additional health problems, they could put others on the road in danger.

Based on this research, it is clear that trucking companies need to pay attention to their drivers’ health. Unfortunately, it can be difficult for drivers to take care of themselves given the fact that they spend so much time confined to a small space, must adapt to less than ideal sleeping patterns, and typically do not have many healthy food options while on the road. This presents a unique challenge that truck drivers, trucking companies, and federal government agencies may need to address in order to prevent tragic accidents.

A truck driver’s health isn’t the only thing that can cause a truck accident. If you have been injured in a truck accident, contact the personal injury attorneys at Reisch Law Firm today. Our team will immediately begin to investigate the case to identify the parties that can be held liable. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.