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Denver Legal Malpractice Blog

Legal malpractice: Proving it in Colorado

As someone who was relying on a legal professional's help, there's nothing worse than realizing he or she made mistakes or didn't take your case seriously. Legal malpractice is a serious problem, and you have every right to work with a new attorney to make sure you get your case heard against the attorney who cost you everything.

Attorneys have a responsibility to their clients. They need to have timely communications and to take steps to make sure they understand all aspects of a case. They need to understand the laws that apply to the case and be prepared for a trial if one is necessary. If you find that your attorney was ill-prepared for court, failed to show up on time or made other errors, you could have a good reason for a claim.

Understand the points that can be used in a criminal appeal

The outcome of a criminal case can have a positive or negative impact on the defendant's life. When the case ends in a conviction, many defendants try to determine if they can appeal the conviction.

If you are considering a criminal appeal, you need to know a few things about this process. These points can have an impact on whether you can appeal or not and how your appeal moves through the criminal justice system.

Drug law changes can lead to reparative justice in some states

With the legalization of marijuana, some believe that it's time to address past crimes and to make criminal justice reforms. In California, for instance, Californians voted to allow people to petition to hide or reduce the convictions on their records for marijuana-related crimes as soon as marijuana was legalized. In the state, they refer to that change as reparative justice, allowing people to repair the harm caused by the United States' war on drugs.

In Colorado, it's also been made easier to hide past convictions for marijuana possession, manufacture or cultivation. You can petition to have your record sealed or expunged, so it's much harder for the public to find out about your past.

An affirmative defense can work for a DUI

Getting charged with a DUI is a shock, and you probably want to immediately do everything you can to get out of the risk of a conviction. Don't let your fear of getting into trouble make you admit to wrongdoing or say something that incriminates you. The best thing to do after an arrest is simply to stay quiet and seek the help of your attorney.

There are defenses to DUIs, but it's harder to defend you if you've already admitted to a crime. Even if you do admit to a DUI, you can still defend yourself in hopes of seeking a lesser penalty or no penalty at all. For instance, you may be able to claim that it was necessary for you to drive drunk. For example, if you are at home and someone gets hurt, you may feel you have no choice but to drive him or her to the hospital. To support this defense, you need to show the court that you chose the lesser of two evils by driving drunk.

This is why some people crash but flee the scene

After an accident, the first thing most people do is stop to make sure everyone is okay. At that moment, it doesn't matter who is at fault. What matters is that everyone who needs medical help gets it.

In a case involving a hit-and-run driver, a person who causes an accident doesn't stop at the scene. There's no excuse for this behavior; leaving the scene when people are hurt can mean they don't get care quickly and suffer more as a result.

How to determine fault in a pedestrian accident

Accidents that happen between a pedestrian and a motor vehicle almost always result in serious injuries for the pedestrian. The human body is no match for a multi-ton vehicle traveling at 30 to 70 mph.

The faster the vehicle is going, the worse your injuries are likely to be as a pedestrian. In fact, broken bones, head injuries, traumatic brain injuries, neck and back injuries, and spinal cord injuries are the norm in these kinds of accidents -- even when they happen at slow speeds.

How can you get hurt by an airbag?

In a car accident, one of the injuries you might suffer from comes from the impact against the airbag. Airbag injuries can cause serious injuries, which is why you should always sit as far back from the airbag as possible when you drive. If an airbag doesn't work as intended, you could end up with serious injuries or be killed.

When an accident is significant enough to trigger the airbag, a chemical reaction occurs. This causes the airbag to inflate quickly. The airbag's job is to catch you as you are thrown forward and then to deflate, which helps prevent whiplash as well as head injuries from impacting the steering wheel or dashboard.

What should you do if you're hurt in a hit-and-run crash?

After a hit-and-run crash takes place, there are a few things you can do as a victim to help protect yourself and your rights. The most important thing to do is to remember the make, model and color of the vehicle. If you can obtain the license plate number, do so. If you're injured and unable to collect that information, witnesses nearby may have the information and give it to police. If you talk to others around you, it's a good idea to ask them to stay at the scene until the police arrive.

Call the police as soon as possible. The sooner they know that someone has fled the scene, the better. They can track the driver easier and send you immediate emergency help. Don't leave the scene or try to catch the driver who fled. This could lead to further issues. Instead, wait for the police arrive. If you're injured but can move, try to move yourself to a safe area, like a sidewalk or parking lot, until the police arrive.

Drug addiction treatment versus prison: An examination

As someone who has been accused of using drugs, you're in a difficult position. You know that without a strong defense, you'll be at the mercy of the court and prosecutor. Even with a defense, there's a chance you'll still end up facing penalties.

The most serious penalty you're worried about is going to prison. You don't want to be in prison, and you don't think that what you've done should result in a prison sentence.

Fighting legal malpractice means trusting a new attorney

As someone who has already faced a traumatic incident, the fact that you don't think your attorney paid enough attention to your case or did his or her best to represent you could make you furious. There are situations in which attorneys don't do their best for their clients, and in those cases, the clients may have a right to file a legal malpractice lawsuit.

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