Category: News

What You Need to Know Before Police Search Your Home

What You Need to Know Before Police Search Your Home

If there’s a police officer standing at your front door, it’s important to know your rights. The police officer may want to search your home in an attempt to gather evidence that can be used against you or another defendant. But, should you let the police search your home? Do you even have a choice? Here’s what you need to know:

Do Not Give Consent

If a police officer does not have a search warrant, then he will almost always need your consent to search your home. Police officers typically will not tell you that you have the right to refuse consent, which leads many people to believe that they have no choice. But, it’s important to understand that you are allowed to say no if a police officer asks for consent to perform a search.

Search Warrants

Officers are allowed to enter and search your home if they have a warrant that gives them permission to do so. In order to obtain a search warrant, an officer must show a judge that there is probable cause to believe that a crime has been committed and evidence of this crime will be found inside your home.

If a police officer shows up at your home with a search warrant, ask him if you can look over the warrant before he begins the search. The search warrant will explain exactly what areas of your home can be searched. Make sure you carefully review the warrant to determine which areas are off-limits. For example, if the officer has a warrant to search the main residence on your property, he cannot enter the guest house on your property without obtaining another warrant.

Plain View Searches

Under certain circumstances, the officer can gather evidence from areas that are not included on the search warrant. For instance, let’s say a police officer has a search warrant for your home, but the warrant does include the back porch. If the police officer looks outside a window and sees drug paraphernalia sitting on a table on your back porch, he will be able to gather this evidence even though it was found in an area not listed on the warrant. Why? Because the evidence was in plain view.

“Exigent Circumstances”

The police also have the right to search your home without a warrant under “exigent circumstances.” If the police believe that someone’s safety is in danger or there’s a chance that evidence will be lost if they don’t move quickly, they can perform a search without waiting for a warrant or asking for consent.

Have you been charged with a crime? Get in touch with a criminal defense attorney at Reisch Law Firm today. Our team will protect your rights throughout the legal process and ensure that the police do not conduct unlawful searches of your property. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Prevent Seatbelt Injuries

How to Prevent Seatbelt Injuries

Seatbelts are designed to keep us safe in the event of a car accident, but they don’t always work the way that they should. In fact, some people who are involved in car accidents are actually injured by the seatbelt that is holding them in place. Most seatbelt injuries are minor bruises or scrapes, but it’s possible to sustain serious internal injuries or soft tissue damage from a seatbelt as well. How can you prevent seatbelt injuries? The key is keeping the seatbelt in the proper position. Follow these tips:

Value Safety Over Comfort

Have you ever adjusted the strap that goes across your body so it sits behind your back or tucked under your arm? This may be more comfortable than wearing it across your chest, which restricts your movement, but it’s not a good idea. The seatbelt cannot hold your body back in the event of a collision if this strap is not laying across your chest. In addition, the strap may cause minor scrapes and bruises if it’s underneath your arm at the time of the crash.

Check the Positioning

Before you hit the road, check the positioning of the lap and shoulder belt. Many people stretch the lap belt across their stomach, but this could lead to internal injuries if you are in an accident. The lap belt is designed to lay across your hips, not across your stomach. To protect yourself, adjust the lap belt so it sits right below your stomach.

The shoulder belt should cross over the middle of your chest. If the shoulder belt is too close to your neck, it may cause soft tissue damage or bruising in an accident. Adjust the height of the seatbelt or your seat in order to reposition the shoulder strap.

Loosen the Seatbelt

A seatbelt should never be so tight that it digs into your skin or cuts off circulation. In fact, a seatbelt that is this tight could cause serious internal injuries and painful bruising if you are involved in an accident. If your seatbelt is too tight, adjust it before you begin driving. The seatbelt should be comfortable, but it shouldn’t be too loose.

Even though seatbelts can cause injuries, don’t use this as an excuse to not wear one. Seatbelt injuries are minor in comparison to the serious injuries that you can sustain in accident while not wearing a seatbelt.

Have you been injured in a car accident? If so, contact Reisch Law Firm today. Our personal injury attorneys will do whatever it takes to recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When is Bail Revoked?

When is Bail Revoked?

Getting released on bail after being arrested and taken to jail can be a huge relief. But, the freedom that you experience after being released on bail could be short-lived. In some cases, bail will be revoked and you will be taken back into custody. When is bail revoked? Here are some of the ways that you can be sent back to jail after being released on bail:

Committing A Crime

Defendants who are released on bail are expected to obey the law while they free. If a defendant commits another crime while out on bail, the bail will be immediately revoked. Committing a crime while out on bail shows the court that you may be a threat to the community and that you have no respect for the law.

Violating Other Conditions of Bail

If you have been released on bail, there are certain rules that you must follow. For example, the judge may tell you that you are not allowed to make contact with the victim of the crime that you are accused of committing. If you call the victim once out on bail, this would give the court a reason to revoke your bail and take you into custody. Again, violating the conditions of your bail shows a complete disregard for the law.

Failing to Appear in Court

Defendants are required to appear in court for scheduled hearings if they are out on bail. If a defendant fails to appear for a court hearing, the judge will revoke his bail and issue a bench warrant for your arrest. It is very unlikely that the judge will be willing to listen to you explain why you missed your scheduled hearing, so don’t make the mistake of assuming you can get out of trouble by coming up with an excuse.

If your bail is revoked for one of these reasons, it is not likely that you will be granted bail for a second time. This means in most cases, you will be in custody until your trial begins. The property or cash that you or a loved one put up to secure your release will also be handed over to the court if your bail is revoked.

If you have been charged with a crime, it’s important to hire an experienced criminal defense attorney as soon as possible. The attorneys at Reisch Law Firm 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 To Do if There Are Errors in A Car Accident Police Report

What To Do if There Are Errors in A Car Accident Police Report

If you have been in a car accident, it’s important to immediately call 9-1-1 and ask the operator to send a police officer to the scene. The responding officer will be responsible for creating a police report after talking to the parties involved in the accident, examining the property damage, and reviewing the traffic laws. This document will contain information on how and why the accident occurred and who was at fault, so it plays an important role in your case. But, what if there are errors in a car accident police report? Here’s what you should do:

Correcting Factual Errors

The first type of error that may be found in a police report is factual. For example, the police officer could have written down that the car that was hit was a Toyota Corolla when it’s in actually a Toyota Camry. He could have also written down the wrong location, date, or time of the accident. If you spot a factual error in a police report, reach out to the police department and ask if you can get in touch with the officer who wrote the report. The officer will most likely ask you to provide proof of the correct information before he changes the report. Then, he will write an addendum with the correct information and attach it to the report.

Correcting Non-Factual Errors

It would be difficult to disagree on the date that the accident occurred or the type of vehicle involved because these are facts. But, the parties involved in the accident may disagree on other matters, including who was to blame and what happened in the moments leading up to the accident. If the police officer writes something in his report that you don’t agree with, it’s much more difficult to have the report changed. Most police departments will allow you to submit a document that explains why the information included in the initial report was inaccurate. Then, the police officer who wrote the report can review this information and decide whether or not he wants to attach the document to the report or amend his report. For example, let’s say the report claims that you did not completely stop at a red light before making a turn and colliding with another vehicle. If you believe that you did completely stop, you can write this information down and submit it to the police department.

If you have been injured in a car accident, seek legal representation from the personal injury attorneys at Reisch Law Firm today. Our team will investigate the accident and gather the evidence that we need to prove the other party was at fault. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Information Does A Truck’s Black Box Contain?

What Information Does A Truck’s Black Box Contain?

The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that is responsible for regulating the trucking industry. The FMCSA has established a number of regulations that are designed to keep the roads safer, including one that requires all commercial trucks to have an electronic logging device known as a black box.

A black box is a device that records data using multiple sensors located throughout the truck. If you have been involved in a truck accident, one of the first things your attorney will do is ask the trucking company to preserve the data on this device.

The device contains important data from the seconds before, during, and after the collision, including:

  • Speed history
  • Excessive RPM
  • Brake usage
  • Cruise control usage
  • Deployment of airbags
  • Sudden stops
  • Number of hours driven
  • Unusual accelerations/decelerations
  • Seatbelt usage

This information can answer a lot of questions about how and why a truck accident occurred, which is why it’s so important to recover the data. For example, the black box data could reveal that the truck driver was speeding at the time of the accident. It could also show that the driver was in violation of the federal regulation that governs how many hours commercial truck drivers are allowed to spend behind the wheel at once. This is the type of information that can be used to prove that the truck driver and the trucking company are liable for your injuries.

Unfortunately, it’s not always easy to get your hands on this information, especially if you don’t get in touch with an attorney right away. Each device has a recording time limit, which is usually around 30 days. This means after 30 days, the device will begin to record over existing data. If you don’t ask the trucking company to preserve the evidence before this time, it’s possible that the data will be inaccessible. Even if you do ask for the evidence in a timely manner, the trucking company may be reluctant to hand it over if they know it will be used to prove their liability. Fortunately, an attorney will be able to aggressively tackle this problem in order to recover the information that you need to support your side of the story.

Have you been injured in a truck accident? There’s no time to waste—seek legal representation as soon as possible. Contact Reisch Law Firm today so our personal injury attorneys can begin gathering evidence to prove liability. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Why Do Car Accident Cases Rarely Go to Trial?

Why Do Car Accident Cases Rarely Go to Trial?

The vast majority of car accident cases will be resolved out of the courtroom, so it’s very likely that your case will not ever be presented to a jury in court. Why do car accident cases rarely go to trial? Here are some of the many reasons:

Unpredictable Juries

Both sides will have a say in choosing members of the jury in the event that the case does go to trial. However, even if your attorney carefully selects the people he wants on your jury, there’s no way to know for sure what verdict the jury will reach. Some jury members may always side with the plaintiff because they feel like insurance companies are greedy and have enough money to spare. In other cases, the jury may get a bad impression of your client based off of her demeanor in the courtroom, which could impact their decision. You never know what’s going on inside a jury member’s head, and this unpredictability often makes going to trial very unappealing for both the defendant and the plaintiff.

Cost of Going to Trial

If the case goes to trial, the at-fault driver’s insurance company will have to pay an attorney to defend the company in court. The attorney will be responsible for preparing the case, hiring expert witnesses, conducting depositions, and then appearing in court to defend the insurance company. These legal fees are not cheap—and the insurance company knows that. As a result, they may do everything in their power to settle the case outside of the courtroom in order to avoid having to pay these fees.

Time

Sometimes, it’s the victim who is against taking the case to trial, not the attorneys. Why would a victim not want to go to trial? If a settlement is being offered, the victim may decide that it is best to accept the offer instead of going to trial if she needs the money right away. A victim may also make this decision if the legal process has taken a toll on her mentally or emotionally. For these victims, the idea of going to trial may not be worth the additional compensation that their attorney thinks they can recover in court.

If you have been injured in a car accident, seek legal representation from Reisch Law Firm today. Our personal injury attorneys are willing to do whatever it takes to recover the compensation that you deserve—even if it means taking your case to trial. To schedule a free consultation, call 303-291-0555 or fill out this online form.

How to Research A Personal Injury Attorney

How to Research A Personal Injury Attorney

If you have been injured because of the negligent acts of another person, the first thing you should do after seeking medical attention is get in touch with a personal injury attorney. But, which one? There are countless attorneys in the state of Colorado, so it’s recommended that you spend some time researching different attorneys in order to find the right one for your case. Here’s how to research a personal injury attorney:

Visit the State Bar’s Website

First, visit The Colorado Bar Association’s website and search for the attorney that you are interested in learning more about. On this website, you will be able to find information on how long the attorney has been practicing law and whether any grievances have been filed against him. You should also be able to see details on the grievances that have been filed so you know exactly what the attorney was accused of doing.

Online Review Websites

You may look at Yelp for reviews of local businesses or restaurants, but if you’re searching for information on an attorney, go to a website that solely reviews legal professionals. Two of the top websites are Avvo and Lawyers.com, so visit these sites to see what former clients have said about the attorney. Remember, one negative review should not be enough to make you give up on an attorney. But, if the majority of the reviews that you find are negative, this is a good reason to cross the attorney’s name off of your list.

Other Attorneys

If you work with an attorney who practices another type of law, ask him for his opinion on the attorneys that you are considering working with. For example, if you hired a family law attorney to handle your divorce, he may know attorneys who practice personal injury law even though he doesn’t handle these cases at his firm. Attorneys can often give you unique insight into why it’s a good or bad idea to hire a specific attorney on your list.

After you have narrowed down your list to a handful of attorneys, schedule a consultation with each of them so you have the opportunity to meet with them in person. During these consultations, ask as many questions as you can so you can get the information you need to make the right choice.

Are you looking for a personal injury attorney? If so, contact Reisch Law Firm today. We will be more than happy to meet with you, answer your questions, and review your case in detail. To schedule a free consultation, call 303-291-0555 or fill out this online form.

How A Pre-Existing Condition Could Affect Your Personal Injury Case

How A Pre-Existing Condition Could Affect Your Personal Injury Case

Many different factors could impact the amount of compensation that you are awarded in your personal injury case. One of these factors is a pre-existing condition, which is an injury or other type of health condition that existed prior to the accident. Here’s how a pre-existing condition could affect your personal injury case:

Failing to Disclose Pre-Existing Conditions

Personal injury victims must inform the insurance company of any pre-existing conditions, regardless of whether or not they are related to the injuries you sustained in the most recent accident. If you fail to disclose a condition and the insurance company finds out, the insurance adjuster may question your honesty, which could impact how much they are willing to offer you.

Recovering Compensation With A Pre-Existing Condition

It’s often more difficult—but not impossible—to prove that you are entitled to compensation if you have a pre-existing condition. The key is being able to prove that the at-fault party either:

  • Caused the symptoms of your pre-existing condition to return or become worse, or
  • Caused a new injury that is unrelated to the pre-existing condition

Your attorney will rely on your medical records to prove that one or both of the above statements is true. For example, let’s say you were treated by a doctor for severe back pain five years ago. If you have not been treated for back pain since this time, and are now claiming that your back is injured again, this should be enough to prove that the symptoms returned because of the accident.

However, if you had been treated every few months for back pain since the injury first occurred, it will be harder to recover compensation. In this case, the only way to recover compensation would be to provide medical records that prove the injury you have been treated for over the last five years is worse now than it ever was before.

Claim Denial

Sometimes, a pre-existing condition may cause an insurance company to deny your claim. If you are unable to prove that the defendant caused your symptoms to worsen or a new injury, the insurance company may deny your personal injury claim, which means you would not be offered any compensation.

If you have a pre-existing condition, speak to the personal injury attorneys at Reisch Law Firm today. We will ensure that your pre-existing condition does not prevent you from recovering the compensation that you are entitled to after an accident. To schedule a free consultation, call 303-291-0555 or fill out this online form.

Reasons Why A Personal Injury Attorney Will Not Take Your Case

Reasons Why A Personal Injury Attorney Will Not Take Your Case

It’s recommended that you schedule an initial consultation with a personal injury attorney before hiring him so you have the opportunity to ask him questions and determine if he’s a good fit for your case. During this consultation, the attorney will also be asking you questions to learn more about your case so he can decide whether he wants to take it or not. There’s no guarantee that the attorney you want to work with will agree to represent you. Here are some of the reasons why a personal injury attorney will not take your case:

Areas of Expertise

Personal injury law covers a wide range of cases, including traffic accidents, slip and falls, product liability, nursing home abuse, and medical malpractice, among many others. Some attorneys handle any type of personal injury case, while others choose to only focus on a few types. If you are interested in filing a medical malpractice claim, an attorney who focuses on traffic accident cases may not be interested in taking your case.

Chances of Winning

Personal injury attorneys work on a contingency fee basis, which means they are only paid if they win the case. There is no reason for an attorney to take a case that he does not believe is winnable, because that means he will be working for free. An attorney may think your case is unwinnable if you do not have any evidence that the other party was liable or if it is not clear what injuries you sustained or when you sustained them.

Value of the Claim

Personal injury attorneys will carefully review your case to roughly estimate the value of your claim. In some cases, a personal injury attorney will not take your case if he believes that the amount of compensation he will be able to recover is too low to make the case worth his time. Some attorneys will only take cases if they believe they can win huge, six or seven figure settlements or verdicts.

Personal Differences

An attorney can also choose to pass on a case if he believes the victim will be a difficult client. For instance, if an attorney estimates that your claim is worth $20,000 but you insist that you should be compensated at least $200,000, the attorney may not want your case because you have unrealistic expectations.

At Reisch Law Firm, we help personal injury victims who have been injured in car accidents, slip and falls, dog attacks, truck accidents, and more. We would be happy to meet with you to tell you more about our firm and how we can help you recover the compensation you deserve. To schedule a free consultation, call 303-291-0555 or fill out this online form.

How Contingency Fees Work in Personal Injury Cases

How Contingency Fees Work in Personal Injury Cases

One of the first questions that many personal injury victims ask their attorneys is, “How much will you charge for your services?” Personal injury attorneys work on a contingency fee basis, which means they will not charge you the same way that other types of attorneys would. Before seeking legal representation, it’s important for you to understand how contingency fees work in personal injury cases.

Attorneys who work on a contingency fee basis are only paid for their services if they are able to recover compensation on behalf of their client. In the event that the attorney is able to recover compensation for his client, he will be entitled to a percentage of the amount recovered. The percentage that your personal injury attorney takes will vary slightly, but it is typically between 33-40%. For instance, let’s say you agree to give your personal injury attorney 33% of whatever compensation he recovers on your behalf. If your personal injury attorney helps you win $100,000 in a settlement, he will be take $33,000.

Who will have to pay the attorney if he is unable to recover compensation? No one. In a contingency fee arrangement, the attorney is not paid for his legal services if he is unable to win compensation for his client.

Personal injury attorneys often pay for medical records, police reports, expert witnesses, and filing fees upfront. If your personal injury attorney agrees to cover these costs, it’s important to understand that you will need to reimburse him if you recover compensation.

Take another look at the example mentioned above. Let’s say your attorney ended up paying a total of $5,000 for expert witnesses, police reports, and medical records to support your case. This means the attorney would be awarded 33% of the settlement, which is $33,000, plus an additional $5,000 from your portion of the settlement to reimburse him for the expenses.

Personal injury attorneys choose to work on a contingency fee basis so their services are available to all victims, not just those who can afford an attorney. This ensures that all personal injury victims, regardless of their financial standing, can seek justice against the negligent parties that have caused them harm.

If you have been injured because of the negligent acts of another person, seek legal representation from the personal injury attorneys at Reisch Law Firm right away. We will stop at nothing to help our clients recover the compensation that they deserve for their injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.