Author: Scott Reisch

What is the Difference Between Bail and Bond?

What is the Difference Between Bail and Bond?

The terms “bail” and “bond” are often used interchangeably, but they actually are not the same. If you are ever taken into custody, it’s important to understand the difference between bail and bond.

What is Bail?

Defendants who have been taken into custody and charged with a crime will be released from jail if they either post bail or obtain a bond. Bail is a specific amount of money that must be paid in order to secure the defendant’s release. This is not a punishment for being accused of committing a crime, but rather a way for the court to ensure that you will not flee to escape legal consequences. If you fail to appear in court, you will automatically forfeit the bail money.

The amount of bail needed to secure a defendant’s release is set by a judge during a bail hearing. The judge will consider a number of factors when setting bail, including the nature of the crime and the defendant’s criminal record.

What is a Bond?

Many people cannot afford to pay the bail that is set by the judge. However, this does not mean people who cannot afford bail will be left in jail. If bail is unaffordable, defendants have the option of obtaining a bond for their release instead.

Bonds are posted on the defendant’s behalf by a bail bond company. To obtain a bond, the defendant or a loved one must provide collateral, such as a home or vehicle. The person obtaining a bond must also pay a percentage of the bail amount, usually between 10-20%. Then, the bail bond company will sign an agreement that states they will pay the full bail amount if the defendant fails to appear in court. If the defendant fails to appear in court, the defendant will lose the collateral put up to secure the loan and the bail bond company will pay the full bail amount.

To put it simply, both bail and bonds can be used to free a defendant from jail. However, the difference between these two terms is the source of the funds used to secure the defendant’s freedom.

If you have been accused of committing a crime, contact Reisch Law Firm as soon as possible. Our criminal defense attorneys will immediately begin working to secure your release. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What to Do After An Accident With An Uber or Lyft Driver

What to Do After An Accident With An Uber or Lyft Driver

It’s estimated that over 53 million people in the U.S. use ridesharing services such as Uber and Lyft. With so many people using ridesharing services, it’s important to know what to do after an accident with an Uber or Lyft driver.

Seek Medical Attention

Your health should always be your top priority after an accident. If you are seriously injured, call 9-1-1 immediately for emergency medical assistance. If you are not seriously injured, check on everyone else to make sure no one else needs emergency assistance.

If you don’t receive emergency medical assistance, you will need to visit a doctor as soon as possible after leaving the scene of the accident. Don’t wait too long to seek medical attention. Not only will this impact your health, it could also affect your ability to recover compensation in a personal injury case.

Document Evidence At the Scene

If possible, document evidence before leaving the scene of the accident. Take photos of the property damage, positioning of the vehicles, traffic signals and signs, and anything else that may be used as evidence in your personal injury case. Even if something seems insignificant, photograph it. These photographs may play an important role in your case when it is time to prove the other driver was liable for the accident.

Talk to the Uber or Lyft Driver

If you find out the other driver is an Uber or Lyft driver, you will need to ask him a few questions before leaving the scene. First, find out if he is currently working. Even if he doesn’t have a customer in the car, he could have been on his way to pick someone up at the time of the accident.

Why does this matter? If you don’t know whether or not the driver was working at the time of the accident, you won’t know which insurance company will be handling the claim. Drivers that are not currently working are covered by their personal auto insurance. However, if a driver is involved in an accident while he is working, his personal insurance policy will not cover the damages. Accidents that occur while the driver is working should be covered by the ridesharing service’s insurance.

If you have been injured in an accident caused by an Uber or Lyft driver, contact Reisch Law Firm as soon as possible. Let our personal injury attorneys negotiate with the at-fault party’s insurance company to ensure you are fairly compensated. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who is Considered a “Special Offender” in Colorado?

Who is Considered a “Special Offender” in Colorado?

The law outlines sentencing ranges for defendants who are convicted of felony crimes. For example, the law states that someone who is convicted of a class 6 felony can be sentenced to a minimum of one year and a maximum of 18 months in prison. However, there are a number of factors that could enhance a defendant’s sentence. One of these factors is the “special offender” status. Here’s what you should know about being labeled a special offender in Colorado:

Who is Considered a Special Offender?

The special offender status is only applied in cases involving drug crimes. A defendant can be classified as a special offender if he is convicted of a felony crime and certain extraordinary aggravating circumstances exist. Some of these circumstances include:

  • Being previously convicted of at least two other drug offenses
  • Having or using a deadly weapon at the time the crime was committed
  • Committing the drug crime on the grounds or within 1,000 feet of a public or private school
  • Soliciting or hiring a child to assist with drug manufacturing or distribution
  • Being a part of a conspiracy with others to manufacture, sell, or distribute controlled substances

Enhanced Sentencing For Special Offenders

Defendants who are labeled as special offenders will face greater penalties as a result of this classification. Being labeled as a special offender makes any drug felony you are convicted of a level 1 felony. This means the defendant will face up to 32 years in prison and fines of up to $1 million because he is considered a special offender.

How Defendants Are Classified As Special Offenders

In order to classify a defendant as a special offender, the prosecution must prove that one of the aggravating circumstances was present when the defendant committed the crime.

For instance, if the prosecution believes the defendant should be a special offender because he had a firearm at the time of the crime, this fact needs to be proven to the jury. When the jury deliberates, they will be asked to first determine if the defendant is guilty. If they believe he is guilty, then they will be asked to decide whether certain aggravating circumstances were present. It is the jury, not the judge, who will decide whether or not a defendant qualifies as a special offender.

If you have been accused of committing a drug crime, contact Reisch Law Firm at once. Being convicted of a drug crime will affect the rest of your life. Let us fight these charges to protect your future. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Recovering Compensation For Poor Hygiene in Nursing Homes

Recovering Compensation For Poor Hygiene in Nursing Homes

Elderly adults usually have weakened immune systems, which means they are more likely to get sick. This makes good hygiene incredibly important to an elderly adult’s health. Unfortunately, many nursing home residents become ill as a result of poor hygiene. If this happens to your loved one, it’s important to understand your legal options. Here’s how to recover compensation for poor hygiene in nursing homes:

How Poor Hygiene Can Affect Nursing Home Residents

Sanitation issues within the facility can affect the wellbeing of the nursing home residents. Facilities need to be properly cleaned in order to prevent the spread of bacteria and viruses. If the facility is unsanitary, the residents could easily contract preventable infections or viral illnesses.

Nursing home residents can also become ill as a result of poor food hygiene. If the kitchen staff is not properly trained or the food preparation surfaces are not clean, nursing home residents could be exposed to harmful bacteria when they eat.

Most nursing home residents rely on employees at the facility to help them take care of themselves. Sadly, many residents do not get the help they need. As a result, they suffer from poor hygiene through no fault of their own. Not being able to bathe, brush their teeth, or change into clean clothes could seriously impact their health.

How to Recover Compensation For Poor Hygiene

The key to recovering compensation for poor hygiene is proving that the nursing home facility is liable for your loved one’s injuries. For example, let’s say your loved one became very ill because of food poisoning. To hold the nursing home facility liable for this illness, you will need to link the food poisoning to unsanitary conditions in the facility’s kitchen. This can be done by interviewing the kitchen staff, reviewing the facility’s written procedures, and watching surveillance footage.

Your loved one can recover compensation if it can be proven that she was harmed as a result of the facility’s unsanitary conditions or the employees’ neglect. However, gathering the evidence that is needed to prove liability can be challenging, which is why it’s best to let an attorney handle the investigation.

Has your loved one suffered as a result of poor hygiene in a nursing home? Let the personal injury attorneys at Reisch Law Firm help. Focus on caring for your loved one while we fight for the maximum compensation available. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Intentional Torts vs. Negligent Torts in Personal Injury Cases

Intentional Torts vs. Negligent Torts in Personal Injury Cases

“Tort” is a legal term that personal injury victims often hear their attorneys say. In personal injury law, a tort is a wrongful act that injures someone. All personal injury cases can be classified as either an intentional tort or a negligent tort, depending on the nature of the wrongful act. Here’s a look at the differences between intentional torts vs. negligent torts:

What Are Intentional Torts?

As its name suggests, an intentional tort is a wrongful act that was committed with the intent to inflict harm upon another person. For example, someone who intentionally drives a car into a pedestrian in order to harm him has committed an intentional tort.

What Are Negligent Torts?

People who commit negligent torts do not mean to harm their victims. In this type of case, the victim of the wrongful act is injured due to the at-fault party’s negligent behavior.

Take another look at the example mentioned above. Let’s say the driver of the vehicle did not mean to crash into the pedestrian. Instead, he accidentally collided with the pedestrian because he was distracted by his cell phone and did not see him crossing the street. Since the driver hurt someone as a result of his negligent behavior, he has committed a negligent tort.

Taking Legal Action

Victims of both intentional and negligent torts have the right to file a personal injury case to recover compensation for their injuries. It’s important to note that these cases take place in civil court, not in criminal court. The purpose of a personal injury lawsuit is to compensate the victim, not to punish the at-fault party. However, the defendant could face legal proceedings in criminal court if he committed a crime by injuring you. Since it is illegal to intentionally inflict harm upon someone, defendants involved in intentional tort cases often face criminal charges as well.

Victims of both intentional acts and negligent acts can recover compensation for their medical expenses, lost wages, and pain and suffering. Punitive damages, which are used to punish the defendant for malicious conduct, are frequently awarded in intentional tort cases as well.

If you have been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm at once. Regardless of whether the act was intentional or negligent, our attorneys will work tirelessly to recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who Can Be Accused of Sexual Assault on a Child By One in a Position of Trust?

Who Can Be Accused of Sexual Assault on a Child By One in a Position of Trust?

Sexual assault can negatively impact a child’s life for decades. Many children who have been sexually assaulted feel ashamed, anxious, and distrustful of others. This is especially true when the assailant was someone the child trusted. Anyone who is accused of sexual assault on a child can face severe penalties in the state of Colorado. However, the penalties become even more serious if the accused was in a position of trust at the time the crime was committed.

What is Sexual Assault?

Many people assume that “sexual assault” means engaging in sexual intercourse, but that’s not the case. Anyone who makes any type of sexual contact with a child can be charged with this crime. Sexual contact includes touching breasts, buttocks, or genitalia for sexual gratification. You can be accused of this crime if you ask the child to touch you or if you are touching the child, even if the child is fully-clothed at the time.

What is Sexual Assault On A Child By One In A Position of Trust?

You can be charged with this crime if you knowingly engage in sexual contact with a minor while in a position of trust. The law defines someone in a position of trust as a person who is partially or totally responsible for the child’s wellbeing, education, health, or supervision. This can include parents, guardians, nannies, teachers, doctors, and other adults who were trusted to look after the child.

This crime is charged as a class 3 felony if the victim is under the age of 15 or if the abuse happened repeatedly. However, it is a class 4 felony if the victim is between the ages of 15 and 18 and it was an isolated incident.

The Consequences For Sexually Assaulting A Minor

Defendants who are charged with a class 4 felony could face up to six years behind bars in addition to up to $500,000 in fines. The penalties are even steeper for those who are convicted of a class 3 felony. These defendants face up to 12 years in prison and fines of up to $750,000. All defendants who are convicted of this crime are also required to register as a sex offender in Colorado.

Have you been accused of sexually assaulting a child while in a position of trust? If so, let us help. The criminal defense attorneys at Reisch Law Firm will fight tirelessly to protect your rights and restore your good name. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Why Seniors With Alzheimer’s Disease Are Vulnerable to Nursing Home Abuse

Why Seniors With Alzheimer’s Disease Are Vulnerable to Nursing Home Abuse

Alzheimer’s disease is a common type of dementia that affects the memory and other important cognitive functions. It can be difficult to care for seniors with Alzheimer’s disease, which is why many of them end up in nursing homes. In fact, the Centers for Disease Control and Prevention (CDC) reported in 2014 that 50.4% of nursing home residents were diagnosed with this condition. Sadly, many of these seniors who suffer from Alzheimer’s disease are incredibly vulnerable to nursing home abuse.

The Vulnerability of Nursing Home Residents With Alzheimer’s Disease

Nursing home residents who have been diagnosed with Alzheimer’s disease are often targeted by abusers because of how this condition affects the memory. It’s very likely that victims will not even remember the abuse after it happened, which makes it impossible for them to report what’s happening. Alzheimer’s disease often affects the ability to communicate, too. Because the victim’s memory and communication is impaired, it’s easier for abusers to get away with this despicable behavior when they target someone with Alzheimer’s disease.

Some nursing home residents with Alzheimer’s disease are aware that they are being abused. However, it’s possible that no one will believe them if they choose to report the abuse. The nursing home facility that documents the complaint may assume the victim is simply confused or having trouble remembering exactly what happened.

It’s not easy to take care of someone who is suffering from Alzheimer’s disease. Because of this, a nursing home employee who is overworked and frustrated may lash out and physically abuse a resident with this condition. This is yet another reason why this group of nursing home residents are so vulnerable to abuse.

How to Spot Signs of Nursing Home Abuse

It’s important for family members to protect their loved ones by frequently looking for signs of nursing home abuse. Family members should keep an eye out for drastic changes in their behavior, mood, appearance, health, or financial situation. Victims of physical abuse could also have unexplained bruises, cuts, or broken bones on their bodies. If you spot any of these signs, do not ignore them. Your loved one may not be able to provide you with much information because of her condition, however you can get to the bottom of the abuse with help from an attorney.

If you think your loved one is being abused in a nursing home, contact Reisch Law Firm as soon as possible. We will fight tirelessly to hold the abusers accountable for the harm they have inflicted upon your loved one. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Importance of Releasing Medical Records in a Personal Injury Case

The Importance of Releasing Medical Records in a Personal Injury Case

The at-fault party’s insurance company will assign an insurance adjuster to your case shortly after they are notified of the incident. One of the insurance adjuster’s responsibilities is to investigate the incident to determine the extent of your injuries. The insurance company will not simply take your word for it—instead, they will ask for a copy of your medical records. Here’s what you should know about releasing medical records in a personal injury case:

Personal Injury Victims Must Authorize the Release of Records

There are federal laws that ensure your healthcare records are kept private. This means the insurance company cannot get their hands on your information without your approval.

The insurance adjuster may ask you to sign something that authorizes the release of your records, but do not sign this until it has been reviewed by an attorney. The wording of the agreement may give the insurance company permission to review all of your medical records, not just those that are applicable to the case. This allows them to look for pre-existing conditions that could lower the value of your claim.

To avoid this problem, it’s best to let an attorney review the wording of the authorization agreement before you sign it. Another option would be to authorize the release of records to your attorney so he can review the records prior to sending them to the insurance company.

What Insurance Companies Look For When Reviewing Medical Records

First and foremost, the insurance adjuster will check your records to make sure your injuries are documented. If there is no proof of the injury, the insurance company will not compensate you for it.

The insurance adjuster will also look at treatment you received for these injuries. If the insurance adjuster believes a treatment was unnecessary, he could argue that you should not be compensated for the cost of this specific procedure.

The insurance adjuster will review the dates of doctor visits as well to make sure there were no gaps in treatment. If there were significant gaps between each treatment, this could indicate you were not following the doctor’s orders, which will lower the value of your claim.

Finally, the insurance adjuster will review the doctor’s notes to determine the extent of your injuries. These notes help the insurance adjuster figure out how your injury has affected your life, which is information that is used to calculate pain and suffering damages.

The insurance adjuster may seem as if he is on your side, but his goal is to settle the case for as little as possible. For this reason, it’s in your best interest to contact Reisch Law Firm as soon as possible so we can handle the insurance company on your behalf. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Criminally Negligent Homicide vs. Manslaughter: What’s the Difference?

Criminally Negligent Homicide vs. Manslaughter: What’s the Difference?

First degree murder is the most serious criminal charge that a defendant can face. But, the law recognizes that not every homicide is premeditated. For this reason, there are several other homicide laws that are applied in cases where the defendant did not intend on killing the victim. For example, a defendant who killed someone without intent to do so could be charged with criminally negligent homicide or manslaughter. What’s the difference between these two crimes? Here’s what you should know:

The Cause of the Victim’s Death

The law states that you can be charged with criminally negligent homicide if your criminally negligent behavior caused the death of another person. On the other hand, the law states that you can be charged with manslaughter if your reckless behavior caused the death of another person. Therefore, the difference between these two crimes is the type of behavior that caused the victim’s death.

Criminal Negligence vs. Reckless Behavior

Criminal negligence is legally defined as the failure to realize that your behavior is so dangerous that it could kill someone. In order to prove you were criminally negligent, the prosecution must be able to show that a reasonable person in your situation would have realized that their behavior was potentially dangerous.

In the eyes of the law, you are reckless when you act in a manner that puts others at risk even though you are aware that your behavior could seriously harm or kill another person.

To put it simply, the difference between these two legal definitions comes down to risk awareness. A person who is criminally negligent did not realize his behavior was dangerous, even though he should have, whereas a reckless person knew his behavior was dangerous, but ignored the risks.

Which Crime is More Serious?

Any crime involving the loss of another person’s life should be taken seriously. But, manslaughter is a more serious crime than criminally negligent homicide. Manslaughter is charged as a class 4 felony in Colorado, whereas criminally negligent homicide is charged as a class 5 felony. Both of these crimes are far less serious than first degree and second degree murder, which cannot be charged unless the defendant had the intent to kill.

Have you been accused of killing another person? If so, contact Reisch Law Firm at once. The criminal defense attorneys at Reisch Law Firm have successfully handled countless homicide and manslaughter cases. Let us fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Acts Constitute Child Abuse in Colorado?

What Acts Constitute Child Abuse in Colorado?

Crimes that are committed against children are taken very seriously in the state of Colorado. This includes child abuse, which occurs when someone harms a child under the age of 16 or puts a child in a potentially dangerous situation. The legal definition of child abuse is somewhat vague, so it’s important to understand what acts constitute child abuse in Colorado. Here are a few examples:

Driving Under the Influence With A Child in the Car

Many adults are surprised to find out they can be charged with child abuse if they are driving under the influence of alcohol or drugs with a child in the car, but it’s true. Driving under the influence is dangerous, so anyone who is in the vehicle with you is at risk of being seriously injured. For this reason, engaging in this behavior with a child in the car is considered child abuse.

Failing to Fulfill the Basic Needs of A Child

If you are supposed to care for a child, it is your responsibility to provide the child with food, water, medical treatment, and other necessities. Failing to provide a child under the age of 16 with these necessities could be considered child abuse if it happens continuously. For example, sending a child to bed without dessert is not abuse because the child is not being harmed. However, if you refuse to provide a child with food for days at a time, this would be abuse since the child could suffer serious health problems.

Basically, if the failure to fulfill a child’s basic needs leads to malnourishment or any other health problem or injury, it is a form of abuse.

Manufacturing Controlled Substances With A Child Present

Manufacturing a controlled substance is considered child abuse if a child under the age of 16 is present. The child does not need to actually be involved in the manufacturing in order for the adults to be charged with child abuse. For instance, if the controlled substance is manufactured in the child’s home, this would be considered abuse regardless of whether the child witnessed the crime.

It also doesn’t matter whether or not the defendant knew a child lived in the home or was present at the time of the crime. The law specifically states that a defendant cannot use this argument to escape child abuse charges.

If you have been charged with child abuse, contact Reisch Law Firm at once. Our experienced criminal defense attorneys will immediately begin reviewing your case and building a solid defense strategy. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.