Month: May 2018

What Long-Term Expenses Do Personal Injury Victims Incur?

What Long-Term Expenses Do Personal Injury Victims Incur?

Personal injury victims have a right to file a claim with the at-fault party’s insurance company in order to recover compensation for their injuries. Part of the process of negotiating for compensation involves calculating the expenses you have incurred as a result of your injuries. But, many personal injury victims forget to add the long-term expenses they will incur in the future due to their injuries. Here are some of the most common long-term expenses that personal injury victims incur:

Medical Bills

Some injuries heal within a matter of weeks or months after an accident. But unfortunately, many personal injury victims sustain injuries that will continue to affect them for the rest of their lives. For example, a spinal cord injury victim could require additional medical treatments years after their claim is settled if their condition worsens. Even though the expenses have not been incurred yet, these victims deserve to be compensated now so they can easily cover their expected medical expenses in the future.

Prescription Medication

Many personal injury victims will experience a great deal of physical pain for months or years after an accident. If a doctor prescribes medication to help a victim manage his pain, the at-fault party’s insurance company should compensate him for this long-term expense. The victim will need to work with his doctor to figure out how long he should expect to take the medication so he knows how much compensation to ask for from the insurance company.

Home Modifications

Some personal injury victims will need to make modifications to their home in the future because of an injury. This is especially common among people who have sustained spinal cord or back injuries. For instance, a spinal cord injury could get worse over the years and make it difficult for the victim to control his lower body movement. Because of this, the victim may be forced to use a wheelchair to get around the house. But, most homes are not wheelchair-friendly. In this case, the victim should be compensated for the cost of wheelchair-friendly modifications in the home.

At-Home Help

Another long-term expense often incurred by personal injury victims is at-home help. Certain injuries can make it impossible for a victim to live independently. When this happens, the victim will usually need to hire caretakers to help them at home. This can be a significant long-term expense that no victim should have to pay for on his own.

If you have sustained an injury, the personal injury attorneys at Reisch Law Firm are here to help. Let our personal injury attorneys aggressively negotiate with the insurance company to recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Should a Demand Letter Be Sent in a Personal Injury Case?

When Should a Demand Letter Be Sent in a Personal Injury Case?

A demand letter is sent by the personal injury victim to the at-fault party’s insurance company. This letter outlines the details of the accident, the injuries sustained by the victim, and evidence proving the other party is liable. Most importantly, it should also include a demand for compensation for your injuries. When should a demand letter be sent? Here’s what you need to know:

Wait For Injuries to Improve

Most personal injury victims are eager to send the demand letter so they can recover compensation for their injuries. However, it’s strongly recommended that you wait until reaching maximum medical improvement (MMI). A victim has reached MMI when his doctors believe that his condition will not improve any further in the future. For example, a doctor will say a patient with a broken arm has reached MMI when his arm has completely healed.

It’s in your best interests to wait until reaching MMI to send a demand letter. Why? If you have not reached this point yet, there’s no way to predict how your condition will improve or worsen in the future. For instance, a brain injury victim will have no way of knowing whether or not he will experience symptoms for the rest of his life until his doctor has declared that he has reached MMI. If you don’t know how your injuries will affect your future, it’s difficult to calculate how much compensation to ask for to cover your future expenses and losses. People who send demand letters before reaching MMI often underestimate the value of their claims so they don’t recover all of the compensation they deserve.

Keep the Statute of Limitations in Mind

There is a two year statute of limitations on most personal injury cases with the exception of car accident cases, which have a three year statute of limitations. Once this time has passed, it will be nearly impossible to take legal action against the party responsible for your injuries. Therefore, it’s important to send the demand letter and initiate the claims process before two or three years have passed.

Send Evidence Before the Demand Letter

Be sure to send all of the evidence the insurance company needs to evaluate your claim prior to sending the demand letter or at the same time the letter is sent. The insurance adjuster should be able to review your medical records, bills, and proof of other losses so he understands the reasoning behind the demand for compensation.

If you have been injured, let the personal injury attorneys at Reisch Law Firm help. Our personal injury attorneys will aggressively pursue the maximum amount of compensation available for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Where Can You Legally Carry A Gun in Colorado?

Where Can You Legally Carry A Gun in Colorado?

Every state has its own laws that govern the purchase, possession, and use of firearms. Some of these laws outline where people in Colorado are allowed to legally carry a gun. If you own a firearm, it’s important to become familiar with these laws in order to avoid criminal charges. Here are some of the places where you can and cannot legally carry a gun in Colorado:

Concealed Carry Laws

Colorado has both open carry and concealed carry laws. Anyone who would like to carry a firearm in public in a concealed manner must have a concealed carry permit. A concealed carry permit allows firearm owners to carry concealed guns in most public places, however there are some exceptions. Even with a permit, firearm owners are not allowed to bring their guns to any public or private school. This includes all types of educational institutions such as colleges, universities, high schools, middle schools, and elementary schools.

Federal law also prohibits firearm owners with concealed carry permits from bringing their weapons to places such as police stations, jails, and courthouses.

Open Carry Laws

Since Colorado permits the open carry of guns, people without concealed carry permits are still allowed to carry their firearms to certain places as long as the firearm is in plain view. These firearm owners can legally carry a gun within their homes, businesses, or hotel rooms. Firearm owners also do not need a permit to legally carry their gun in their car as long as the firearm is being used for protection.

However, the law prohibits people without permits from carrying their guns on public transportation such as buses and trains, on public or private school grounds, and anywhere else not mentioned above.

It’s important to note that the city of Denver has banned open carry, even though the state of Colorado allows it. This means people cannot openly carry their weapons while in Denver. If you want to carry a weapon in public in Denver, you will need to obtain a concealed carry permit and keep the weapon concealed.

If you own a firearm, be sure to remember the rules regarding where open and concealed carry. Anyone who violates one of these laws by carrying a gun where it is not allowed can face serious criminal penalties.

Have you been charged with a weapons crime? If so, let the criminal defense attorneys at Reisch Law Firm help. We will work tirelessly to protect your rights and reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Can the Entrapment Defense Be Used in a Criminal Case?

When Can the Entrapment Defense Be Used in a Criminal Case?

There is no “one size fits all” approach to criminal defense. Attorneys will need to carefully review the details of a client’s case before determining the appropriate defense strategy to use. In some cases, it may be appropriate to use the entrapment defense to fight criminal charges.

What is the Entrapment Defense?

Entrapment occurs when an individual commits a crime because he was induced into doing so by law enforcement. The defense attorney will use this strategy to prove that his client should not be convicted of a crime that he would otherwise not have committed if law enforcement were not involved.

When Can Entrapment Be Used?

There are several elements that must be proven in order to successfully use the entrapment defense. First, the defendant must show that either a law enforcement officer or someone acting under the direction of a law enforcement officer was involved. This defense cannot be used if someone with no connection to law enforcement pushed you to commit a crime.

Then, the defendant must prove that he would not have committed the crime if this individual did not induce him to do so. Most entrapment defenses allege that law enforcement used threats, harassment, or fraud to get the defendant to commit a crime. For example, let’s say an undercover police officer said that he would hurt the defendant’s family if the defendant did not rob a convenient store. In this case, the defendant’s decision to commit a crime was based solely on threats of violence. If the undercover law enforcement agent was not involved, the defendant would not have committed the crime, which means he was entrapped.

The Difference Between Entrapment and Opportunity

It’s important for defendants to understand the differences between an opportunity and entrapment. The entrapment defense cannot be used when law enforcement simply offered the defendant an opportunity to commit a crime. For example, if an undercover officer asks if he can buy drugs from you and you sell them to him, this is not entrapment. The officer posing as a customer is giving you an opportunity to commit a crime by selling drugs, but he is not entrapping you. If he forces you to find and sell him drugs by harassing or threatening you, this is entrapment.

If you have been forced to commit a crime, let the criminal defense attorneys at Reisch Law Firm help. Our criminal defense attorneys will immediately begin gathering evidence that can be used to prove entrapment. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Do You Need A Criminal Defense Attorney to Fight Misdemeanor Criminal Charges?

Do You Need A Criminal Defense Attorney to Fight Misdemeanor Criminal Charges?

A crime can either be charged as a felony or a misdemeanor. In general, felony crimes are more serious than misdemeanor crimes, and they carry more severe penalties as well. Because of this, many people who are charged with misdemeanors think it is not necessary to hire a criminal defense attorney. But, this is not the case. Here are some of the reasons why you need a criminal defense attorney to fight misdemeanor criminal charges:

A Conviction is A Conviction

Even though felony crimes are more serious than misdemeanor crimes, it’s important for defendants to remember that a conviction is a conviction. Both felony and misdemeanor convictions will stay on your criminal record long after the crime was committed. These convictions can appear on background checks conducted by future employers, landlords, and financial institutions, and affect your relationships with these parties. It’s in your best interest to hire an attorney who is willing to fight tirelessly to protect your future by keeping a misdemeanor conviction off of your record.

Misdemeanors Carry Serious Penalties

Defendants who are convicted of misdemeanor crimes face a number of different penalties, including jail time, fines, and probation. In fact, if you are charged with certain class 1 misdemeanors, you could face up to two years behind bars. Being incarcerated means being pulled away from your family, friends, and work. This is why every defendant facing misdemeanor charges should hire an experienced criminal defense attorney. If you are convicted, an attorney will seek the lightest sentence possible for your crime.

The Court System is Complex

The court system can be confusing for anyone who is facing criminal charges. People without legal experience often have a hard time deciphering what the lawyers and judge are saying in the courtroom. Keeping up with court dates and court orders can also be overwhelming for defendants who are still trying to process the reality of their situation. Instead of going through this alone, let an attorney guide you through the legal process of fighting criminal charges. Having an attorney by your side will take a lot of the stress out of this process, which is a huge relief to defendants who are under a great deal of pressure.

If you have been charged with a misdemeanor, get in touch with the criminal defense attorneys at Reisch Law Firm. We take the same aggressive approach to every case, regardless of the severity of the charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Sealing vs. Expunging Criminal Records in Colorado

Sealing vs. Expunging Criminal Records in Colorado

Employers and landlords often run background checks on job applicants and potential tenants as part of their screening process. Arrests and criminal convictions will appear in these background checks, which means anyone with a criminal record could find it difficult to secure housing or employment in the future. Fortunately, some people who have been arrested or convicted of a crime are eligible to have their records sealed or expunged. Although these terms are often used interchangeably, they actually refer to two processes with different outcomes. Here are some of the differences between sealing vs. expunging criminal records in Colorado:

Sealed vs. Expunged Records

Expungement refers to the process of completely destroying a person’s criminal record so it no longer exists. When a record has been expunged, it cannot be accessed by anyone. On the other hand, a sealed record still exists. It is not visible to the general public, so it won’t appear in background checks conducted by employers or landlords, but it may still appear in searches conducted by certain government agencies.

Who Can Seal or Expunge Their Records in Colorado?

Most people would prefer having their records expunged so they would be completely destroyed, but only certain individuals qualify for expungement. The state of Colorado only allows individuals to expunge their juvenile criminal records. Some juvenile criminal records, such as those involving violent or aggravated crimes, cannot be expunged.

Many different types of adult criminal records can be sealed, including certain petty offense convictions, drug crime convictions, and arrest records. The laws regarding which crimes can and cannot be sealed are complex, so it’s recommended that you speak to an attorney to see if your records can be sealed.

You must wait a certain amount of time before sealing or expunging your record. The time will vary depending on the type of record that you are attempting to seal or expunge. For instance, arrest records can be sealed immediately if the arrest did not lead to a conviction. But, the law requires people to wait up to five years before attempting to expunge their juvenile records.

The Benefits of Sealing or Expunging Criminal Records

A sealed or expunged criminal conviction will no longer negatively impact your life. If your record is sealed or expunged, you no longer have to disclose this brush with the law when applying for jobs or housing. Once it’s sealed or expunged, it’s as if the conviction or arrest never happened. This gives people who have made mistakes in their past the rare chance to start over with a clean slate.

The process of sealing or expunging criminal records can be complex. If you are interested in restoring your good name, let the criminal defense attorneys at Reisch Law Firm help. We will guide you through the process of expunging or sealing your records so you can have the fresh start you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are Extraordinary Risk Crimes in Colorado?

What Are Extraordinary Risk Crimes in Colorado?

The sentence for a criminal conviction is partly determined by how the crime is classified. For instance, a felony crime will carry more serious penalties than a misdemeanor crime. But, there’s another crime classification that can affect the way a defendant is sentenced. Here’s what you need to know about extraordinary risk crimes in Colorado:

What is an Extraordinary Risk Crime?

When a crime presents a substantial risk of harm to society, it is classified as an extraordinary risk crime. If a crime is classified as an extraordinary risk crime, the maximum sentence imposed on the defendant convicted of the crime can be increased.

Which Crimes Are Classified As Extraordinary Risk Crimes?

Both felonies and misdemeanors can be classified as extraordinary risk crimes. Some of the many extraordinary risk crimes include:

  • Assault in the third degree
  • Child abuse
  • Aggravated robbery
  • Stalking
  • Failure to register as a sex offender
  • Repeat violations of domestic violence protective orders

How Does This Classification Affect Sentencing?

The maximum sentence can be increased if the crime is classified as an extraordinary risk crime. If the crime is a misdemeanor, the maximum sentence can be increased by six months. If the crime is a felony, the maximum sentence can be increased by anywhere from six months to four years depending on the class of felony. For example, the maximum sentence for an extraordinary risk crime that is a class 3 felony can be increased by four years, whereas the sentence for a class 6 felony can be increased by six months.

However, it’s important to note that this classification simply increases the maximum possible sentence, not the maximum actual sentence. For example, third degree assault is a class 1 misdemeanor. This class of misdemeanor crimes usually carries a sentence of between 6-18 months in jail. But, since it is classified as an extraordinary risk crime, the maximum sentence is increased to 24 months. This means the judge can impose a sentence of 6-24 months in jail if a defendant is convicted of this crime. The judge does not have to sentence the defendant to the maximum of 24 months, but it is an option. Therefore, the enhanced sentence may not affect every defendant convicted of extraordinary risk crimes.

If you have been charged with a crime, it’s in your best interests to hire a skilled criminal defense attorney from Reisch Law Firm. Our attorneys have years of experience representing clients facing a wide range of misdemeanor and felony charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Happens After You Complete Probation?

What Happens After You Complete Probation?

People who are convicted of crimes can face a number of different penalties, including probation. This alternative sentence gives defendants the opportunity to avoid incarceration as long as they comply with the terms of their probation for a specified period of time. Probationers must follow certain court-ordered rules during their probation period, but what happens after they complete probation? Here’s what to expect at the end of probation:

How to Determine When Probation is Over

Every defendant will be informed of the length of their probation during their sentencing. If a probationer violates the terms of the probation, the court has the option of extending the probationary period. But otherwise, the probation will come to an end after the probationer has completed the sentence. Once probation is over, the probationer is no longer required to comply with the terms of probation. If you’re unsure of the details of your probation, feel free to ask your attorney or probation officer for help.

Some probationers can apply for an early termination of their probation. When deciding whether or not to grant an early termination, the court will consider many factors, including the nature of the probationer’s crime and his compliance with the terms of probation.

The Probation Will End if Conditions Are Met

If you are not applying for early termination, your probation will terminate on the last day of your sentence. However, it’s important to ensure that you have met all of the court-ordered conditions of probation prior to this date. If any of the conditions have not been met, the court may decide to extend the sentence or impose other penalties. Review the conditions of your probation with your probation office in advance so you can make sure there is nothing left for you to do.

The Conviction Remains on Your Record

Probationers must understand that their criminal conviction will remain on their record even after probation is over. The conviction is not erased simply because the probationer served his time. Having a criminal record could make it harder to find a job or housing since it the conviction will appear in background checks. But fortunately, some people will be eligible to seal their records in the future so their convictions are not visible to the public. After your probation is over, meet with an attorney to find out if you are eligible.

If you have been charged with a crime, seek legal representation from the criminal defense attorneys at Reisch Law Firm at once. Our team will fight tirelessly to reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Happens When Out-of-State Residents Get DUIs in Colorado

What Happens When Out-of-State Residents Get DUIs in Colorado

Colorado is a popular tourist destination, so it’s common to see tourists throughout the state. Many of these tourists rent cars once they arrive or take their own vehicle to get here so they can get around easily. These tourists—just like the residents of Colorado—are prohibited from driving under the influence (DUI) of alcohol or drugs. But unfortunately, many people think that the laws don’t apply to them when they are far away from home in a different state. What happens when out-of-state residents get DUIs in Colorado? Here’s what you should know:

Out-of-State Residents Face the Same Penalties

The penalties for DUI are the same for both residents and tourists. This means out-of-state residents will face jail time, probation, fines, community service, license suspension, and mandatory enrollment in an alcohol education course. Leaving the state—even if you plan on never returning—will not help you avoid these penalties.

Sentences Can Be Served in the Defendant’s Home State

Defendants are usually allowed to serve their sentences in their home state. For example, if a defendant who resides in another state is sentenced to probation, the court will usually allow him to complete the terms of probation in his home state.

It’s Best to Hire An Attorney

It’s not required that out-of-state DUI defendants hire criminal defense attorneys, but it’s strongly recommended. Criminal defense attorneys can defend you against the charges and fight for the best possible outcome in your case. Plus, hiring an attorney may make dealing with these criminal charges more convenient as well. This is because a criminal defense attorney may be able to appear in court on your behalf so you are not forced to travel to Colorado for every court date.

The Driver License Compact

Most states are part of the Driver License Compact, which is an agreement made between states to exchange information on drivers’ license suspensions. This means if an out-of-state resident’s license is suspended in Colorado because of a DUI, this information will be shared with his home state. As a result, the driver’s license will be suspended in his home state even though the crime was committed in Colorado. The driver will not regain driving privileges until he has completed the Colorado DMV’s requirements for reinstatement.

It’s important for out-of-state residents to understand that a DUI will follow them home. If you have been charged with DUI, contact Reisch Law Firm as soon as possible. Let our experienced criminal defense attorneys handle every aspect of your case so you don’t have to travel back to Colorado. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Defense Strategies Used in Arson Cases

Common Defense Strategies Used in Arson Cases

Arson is a serious crime that is committed when someone intentionally or recklessly sets fire to their own or someone else’s property. Arson can be charged in the first, second, third, or fourth degree, depending on the nature of the crime. Anyone who is charged with this crime can face severe consequences, including years behind bars. But fortunately, an arson charge does not always lead to a conviction. Here are some of the most common defense strategies used in arson cases:

The Fire Was Accidental

In order to be convicted of first, second, or third degree arson, the prosecution must be able to prove that the defendant intentionally set the property on fire. If there is evidence that shows the defendant was responsible for the fire, the criminal defense attorney may not try to disprove this fact. Instead, attorneys can argue that the defendant did not intend on starting the fire. If it can be proven that the fire was an accident, the charges may be dropped or reduced to fourth degree arson.

There Was No Intent to Defraud

Defendants who are facing third degree arson charges are being accused of setting fire to something in an attempt to defraud insurance companies or other parties. When representing these clients, criminal defense attorneys often focus on showing that the defendant did not intend on defrauding anyone. If the defendant did not have this intention, the charges may be reduced.

The Investigation Was Incomplete

Law enforcement officials investigating the fire often conclude that someone committed arson if they are unable to determine the exact cause of the fire. If there is insufficient evidence of arson, a criminal defense attorney can hire a private investigator and other expert witnesses to analyze the evidence gathered from the scene. In some cases, these expert witnesses are able to find major flaws in the investigation, such as witnesses that weren’t questioned or evidence that wasn’t tested. This strategy can be used to create doubt in jurors’ minds by showing them that the investigation was flawed. Sometimes, this strategy can convince the jury that the investigators simply blamed the fire on someone because they were unable to identify the true cause and eager to wrap up the investigation.

Have you been charged with arson? If so, contact Reisch Law Firm as soon as possible. Our experienced criminal defense attorneys will use a unique defense strategy to protect your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.