The term court-martialed refers to a legal proceeding for people in the U.S. military. The military court is separate from civilian court in that those in military court are held to certain rules and regulations that are specific to those who are enlisted. If you are court-martialed, you are being charged with violating military law. Some common reasons why you might be court-martialed include, but are not limited to:
Any other violation of military regulation can lead to being court-martialed. For instance, if you commit battery, theft, murder, or any other crime that is also against the law for civilians, you can expect to get in trouble with the military, too. If you are concerned about the charges against you, you should get in touch with a legal professional as soon as possible.
There are three types of court martials. The type that you encounter in your case will depend on what you are being charged with,
If you are court-martialed, you need to get in touch with a military attorney as soon as you can before your court proceeding. Your attorney can review the facts of your case and provide advice tailored to your situation. They can also address any questions or concerns you might have and help set your expectations for the complex process that lies ahead of you.
Your military attorney will do everything in their power to stand up for you in your trial. They can collect evidence that supports an argument that you are not guilty, or they might use it to negotiate a light sentence. Without the help of a defense lawyer who has proven success helping members of the armed forces who are court-martialed, you are unlikely to receive the most positive outcome that is possible.
A: If you are court-martialed, you face charges with serious legal consequences. Depending on the severity of your charge, you might have to go before a trial in which your case is presented before a panel. You should get in touch with a military attorney to review your case and represent you if you want a strong chance of a positive outcome.
A: The three types of court-martial are summary court-martial, special court-martial, and general court-martial. The types that you might encounter for your charge will depend on how severe your charges are. If your case is serious enough to be a special court-martial or a general court-martial, you should be prepared for a trial and have a military lawyer working on your case who will fight for your rights.
A: If you are found guilty, the punishments that you will face for court-martial will depend on a lot of factors. For instance, they will depend on what you were convicted of and the severity of your actions. For example, if you were AWOL and this was a repeat offense, then you will likely face harsher penalties than if it was your first offense. Punishments include fines, loss of benefits and income, dishonorable discharge, fines, and sometimes jail time, depending on the crime.
A: If you are serving in the Armed Forces in any capacity, you are subject to military law at all times. If you violate the rules and regulations of the military or commit a civilian offense such as theft, then you can be court-martialed and face negative consequences such as dishonorable discharge.
At The Law Center P.C., we have extensive experience defending clients with complex military court cases. We understand the severity of a court-martial, and we can fiercely fight for you against the charges you are facing. If you would like to consult with us on your court-martial case, contact us today.
]]>Unfortunately, a service member is sometimes accused of engaging in abuse, but they believe it to be an unfair allegation. By better understanding the nature of these protective measures and working with a military defense attorney, service members can feel more empowered to defend their innocence.
An MPO is a legal tool designed to help service members and their families have legal protections that enable them to stay away from an alleged abuser. This abuser could be a service member or someone who has allegedly committed a crime against a service member.
The criteria aren’t very strict to request an MPO. Anyone has the grounds to file an MPO against an active-duty military member if they are related to you, such as a spouse, ex-spouse, or someone who you share a child with. These orders are more than just a restraining order. They can enforce several different “no-contact” rules, such as:
It’s important to recognize that just because someone has issued a request for an MPO, it doesn’t mean that you are automatically guilty of what they claim to be true. Everyone has the right of presumed innocence until proven otherwise in a court of law. This law extends to those in the military who have been accused of abuse.
There are several steps to successfully file for an MPO, including:
When someone begins the process of filing an MPO against you, they will be required to fill out a number of required forms. These forms will detail:
Before the court decides if the MPO request is a valid accusation, they will have a preliminary hearing to determine if temporary protections are needed. They will ask the accuser to make their case and then answer any outstanding questions they have before granting temporary protection.
It’s important to note that just because temporary protections are granted, it does not mean that permanent ones are guaranteed to follow afterward. The courts take all accusations seriously, and they will likely grant temporary restrictions as a precaution rather than to send a signal that they think you are guilty.
Once a temporary order is in place, it will be served to you. This is just to ensure that you are aware of its existence and know what terms to abide by.
When it’s time to return to court, another hearing will determine if a permanent MPO is necessary. You and your defense attorney can make the case that the allegations are false by providing your own set of evidence. If the prosecution fails, the request for an MPO will be denied.
If it is granted, you will have to follow the terms of the order. You and your defense attorney can then assess whether to advance with an appeal of the original decision.
Each of these steps may appear straightforward, but they can get complicated quickly and require extreme attention to detail. Having a military and national security defense attorney to guide and supervise each step is highly recommended to avoid any unnecessary problems.
A: While all allegations will be taken seriously, a final verdict cannot be issued unless valid evidence is presented that connects the alleged abuser to the actions that they are being accused of. This would include specific dates, locations, and descriptions of what exactly happened and when. Forms of evidence that can be used to make a case include:
A strong defense attorney can identify any holes that may exist in the prosecution’s case to raise doubts about the accusation. They could also prove how some forms of evidence were illegally collected and are, therefore, inadmissible in court.
A: An MPO in Colorado can either be short- or long-term, depending on the nature of whatever is found to be true and what type of protection is needed. The duration of these orders can also be extended at the request of the accuser based on certain circumstances, such as new evidence to suggest that there are ongoing threats or risks to their own personal safety.
You will want to consult with a defense attorney before and after an MPO may be issued to ensure that you are in compliance with any direct court orders and are not at risk of jeopardizing your case.
A: As long as they are aligned with federal law and a military installation’s regulations, civilian protective orders are fully enforceable. It’s very common for military authorities to cooperate with civilian law enforcement to help uphold these orders.
However, complexities can arise if there are competing laws between different jurisdictions. In these cases, it’s extremely important to have a military attorney on your side to navigate these challenges with the other attorneys and personnel involved. That way, no one’s rights are inadvertently violated when trying to reach a resolution.
A: Violating an MPO is an extremely serious offense that will be met with disciplinary action under the Uniform Code of Military Justice. There are a variety of different punishments to be issued, depending on the severity of the violation, such as:
There could also be new charges faced if the violation was accompanied by a new criminal act that needs to be investigated. Connect with a defense attorney immediately if you are being accused of violating an issued MPO.
If someone is trying to impose an MPO against you, connect with our military defense attorneys today. We are well-versed in military law and work to protect your rights.
]]>When military service ends with a dishonorable or “other than honorable” designation, it’s more than just a point of personal pride. Your discharge type can affect the benefits you’re eligible for after service, potentially robbing you of many thousands of dollars worth of value that you would otherwise be receiving in exchange for your service to the United States.
In addition to limiting your veteran’s benefits, being discharged dishonorably can also negatively affect certain employment opportunities. Additionally, it can represent a stain on your family and reputation. Fortunately, all is not lost, as there are avenues available for seeking correction to your discharge status.
To comprehend the gravity of a dishonorable, bad conduct, or OTH discharge, you need to understand a bit about the legal framework that governs military service. The Uniform Code of Military Justice (UCMJ) outlines the standards of performance and conduct expected of all service members. When issues arise, administrative separation boards, Article 15 proceedings, or courts-martial may occur, leading to discharge with various other-than-honorable classifications.
While some people mistakenly believe that all military service ends with either an “honorable” or “dishonorable” distinction, this is not the case. There are actually several types of discharge:
These distinctions are important to understand due to the variance in benefits available after discharge. In fact, dishonorably and OTH-discharged individuals are not legally considered “veterans” at all. This means that seeking a correction to discharge type can literally change someone’s life.
There are a couple of ways to seek an upgrade to your discharge designation, depending on your personal circumstances and goals. The highly qualified military law team at The Law Center P.C. can analyze your case and determine the smartest strategy for seeking the necessary correction to your record. Options include:
A: You can get your military records, including discharge designation, reviewed and potentially corrected by appealing to the Board for Correction of Military Records, applying to the VA for a review of your service, or seeking a review of your administrative separation by a second board.
A: A special administrative body acting on behalf of the secretary of the branch in question, which addresses claims of military record inaccuracies or injustices. Through this board, veterans can seek corrections, upgrades, or changes to their military service discharge status.
A: While challenging, this is possible in certain circumstances. As with any legal proceeding, good evidence is key, and having a great attorney representing you can also go a long way.
A: Typically, yes, getting a discharge upgrade can be extremely challenging and may call for the services of a talented attorney. However, incorrect discharges due to easily provable procedural errors might potentially be reversed by simply filing the correct paperwork with the correct department to request an official review.
If you’ve been faced with a dishonorable discharge and its aftermath, and you believe this is in error, The Law Center P.C. can offer powerful legal guidance to help set things right. Contact us today for a confidential consultation so we can begin reviewing your case.
]]>Let’s start by demystifying some key aspects of the Administrative Separation, or AdSep, process:
While there are no drastic changes to administrative separation procedures slated for 2024, it’s important to be aware that military justice policies are reviewed and updated with regularity.
One interesting development this year has been a review of the Air Force’s administrative separation policies by the United States Government Accountability Office, or GAO. While the report is largely specific to Air Force policy, it sheds some light on the current state of the administrative separation process in the US military.
This GAO report, dated February 2024, highlights various areas of inconsistency and concern:
A: No, administrative separation, or AdSep, is the process by which a board decides whether or not a service member should be separated from the military, and can result in a variety of discharge types (or no discharge at all). Potential discharge types under AdSep include “honorable,” “general (under honorable conditions),” and “other than honorable,” which is, in essence, a euphemism for dishonorable.
A: Administrative separation is not a service that is “provided” to active-duty personnel, but rather a process within the United States military justice system that can lead to discharge from military service. Administrative separation decisions are made by administrative separation boards made up of other service members, which can be thought of as somewhat similar to a jury of peers in the civilian world.
A: The duration of an AdSep proceeding will vary from case to case but always involves a thorough review process, which is to say it’s rarely quick. The skilled military justice team at The Law Center P.C. can review the details of your case to offer a more comprehensive estimate of timelines and likely outcomes.
A: Depending on the type of discharge received, reenlistment eligibility after an AdSep proceeding will vary. Those who are discharged under “other than honorable” conditions should typically not expect to serve again unless they can have their discharge type changed by a review board.
A qualified military lawyer from The Law Center P.C. can assess your circumstances to offer personalized feedback on your eligibility for reenlistment or potential strategies for having your OTH discharge classification changed by a review board.
If you’re facing administrative discharge proceedings, you don’t have to take on this stressful and overwhelming prospect on your own. The highly qualified military justice team at The Law Center P.C. will be happy to review your case and provide personalized advice focused on your own unique goals and aspirations for the future. Please reach out for a 100% confidential consultation at your earliest convenience.
]]>Special courts-martial play a crucial role in the military justice system, addressing offenses that fall within a wide range of minor infractions up to more serious crimes.
While the use of the word “special” can incorrectly convey that this process is reserved for the most complex or high-profile cases, a special court-martial is actually a lesser, more routine type of court-martial (as compared to a general court-martial, which is convened for more serious, felony-type crimes). Extremely minor crimes are dealt with via a third process, known as a summary court-martial, so a special court-martial is said to have “intermediate” authority.
Courts-martial are governed by a robust legal framework published within the United States Manual for Courts-Martial, or MCM. The MCM is a frequently updated document, with a new edition having been published in 2024.
This new edition was made necessary due to many amendments set forth in a July 2024 Executive Order (EO 14103) by President Joe Biden, as well as some new rules included in this year’s NDAA (National Defense Authorization Act, i.e., our annual military budget).
The full scope of changes and amendments is quite vast, but here are some of the more notable items:
As we mentioned earlier, other recent rule changes were made via the annual National Defense Authorization Act (NDAA), the most recent version of which was signed into law on December 22, 2022. These rule changes differ from the amendments made via Executive Order in one key way because most of them will not take effect until 2 years after this NDAA’s passing and, therefore, have no impact on cases already underway.
Some changes to the court-martial process made by way of the NDAA include:
The court-martial process is complex, and the fast pace of changes and amendments can make it downright overwhelming. It is likely you still have many more questions about special courts-martial. If you need direct, one-on-one guidance, please reach out to The Law Center P.C. to set up a consultation at your earliest convenience.
A: A special court-martial is a military legal proceeding with intermediate authority, handling more serious offenses than a summary court-martial but less serious offenses than a general court-martial. It is analogous to a misdemeanor criminal trial in the civilian world and, therefore, plays a key and routine role in the military justice system.
A: The convening authority for a special court-martial is vested in people at key command positions, often at a squadron or company level. This authority enables them to convene special courts-martial and administer justice for offenses that fall within that purview.
A: A special court-martial, as its name implies, is just a type of court-martial. A court-martial, more generally, refers to the military process of conducting trials for service members accused of crimes, whereas the “special” court-martial is merely a classification for “intermediate” trials of this type. This means neither the most severe nor least severe offenses are tried via special court-martial, but a range of misdemeanor-like offenses can be.
A: Special courts-martial focus on crimes of intermediate severity, most of which would be akin to moderate or serious misdemeanors in civilian life. The convening of a special court-martial can address a wide range of criminal actions or behaviors that breach military discipline but which fall short of the gravity addressed by a general court-martial.
Military justice cases can be quite different from civilian court and, therefore, demand specialized knowledge and training to navigate effectively. At The Law Center P.C., we are not just another law firm willing to take on service members as clients. We deeply understand the many intricacies and quirks of military law, thanks in part to one of our top attorneys, Jason Wareham, who joined the firm after a storied career as a U.S. Marine Corps Judge Advocate.
In fact, Attorney Wareham was one of the longest continuously serving litigators in the history of that role and was responsible for keeping our country safe in some of the most high-stakes national security matters imaginable. Today, Jason and his team work out of our Littleton, CO offices and are proud to help American servicemembers overcome legal challenges, both routine and complex–including the convening of a special court-martial.
If you or a loved one needs help with a special court-martial case, don’t hesitate to reach out for a confidential and compassionate consultation. We’re here to help!
]]>At The Law Center P.C., we recognize the gravity of these situations and are available to guide you through the complexities of military law, ensuring that your rights and your career are protected. We achieve this by providing each client with highly responsive legal counsel and strategies tailored to the unique circumstances of your case.
A general court-martial is the highest level of military court, reserved for conducting trials for the most serious offenses. In civilian terms, a general court-martial is similar to a trial for a serious felony (whereas a special or summary court-martial is convened for more misdemeanor-like offenses).
A general court-martial may be convened to address many different types of charges for serious criminal misconduct, including but not limited to:
The rules and legal frameworks for the general court-martial process are vast and complex and likely to be overwhelming to anyone without specialized legal training. These rules are contained within a document called the United States Manual for Courts-Martial, commonly referred to in military and legal circles as simply the MCM. The MCM is subject to regular revisions and amendments, and its text plays a major role in shaping the overall landscape of military justice in the United States.
Some significant recent amendments to the United States Manual for Courts-Martial (MCM) have been ordered and implemented, with the most recent update (in the form of a new preface) being dated September 15, 2024. This current edition is actually a somewhat unusual version of the MCM, as it is a digital-only edition, and the only included supplemental material is the updated preface. A full publication of the 2024 version does appear to be in the works, however.
More significant changes, outlined in a July 2024 Executive Order by President Biden, include adjustments to parts II, III, IV, and V of the MCM. These amendments are quite extensive, covering over 175 pages in their standard PDF form online. A few of them include:
If you have a current case, it is important to understand that while these changes took effect immediately, they do not have any retroactive impact on acts committed prior to the date of the order (July 28, 2024). The amendments in the Executive Order are largely designed to enhance, clarify, and better regulate court-martial procedures rather than making any major changes to the way courts-martial operate.
Furthermore, the National Defense Authorization Act (NDAA) that was signed into law on December 22 of the previous year also introduced some key modifications to military law, including those that may have an impact on court-martial proceedings. Notable changes here include:
Those facing court-martial in 2024 should be aware that, unlike the aforementioned Executive Order, some of these rule changes pursuant to the NDAA do not take effect until two years after the NDAA’s enactment and will only apply to courts-martial convened on or after that date.
Courts-martial can be quite different from civilian courts, and effectively navigating these differences can be a vital part of getting through a general court-martial. Anyone involved in military justice proceedings at the serious level of a general court-martial is likely to have many questions about the process to come.
A: A general court-martial is the highest-level military court, convened only for the most serious offenses. It resembles, in some aspects, a civilian criminal trial for a felony offense but is overseen by the US Manual for Courts-Martial rather than a civilian legal code. A general court-martial can address serious military-specific charges such as desertion and espionage or severe criminal acts that would be serious offenses in the civilian world.
A: While lesser courts-martial (called summary or special courts-martial) can often result in fairly modest penalties, the seriousness of a general court-martial cannot be overstated. A general court-martial is a grave matter that indicates allegations of serious misconduct against a service member, which can have profound, long-term implications on that service member’s career, reputation, and personal life.
A: Because of the extreme nature of some offenses brought to general court-martial cases, the maximum punishment for a general court-martial is actually the death penalty. More commonly, punishments for general court-martials include dishonorable discharge from service, confinement (i.e., imprisonment), and forfeiture of pay and benefits.
A: Just like every civilian trial is unique, so is every court-martial. Whether or not you have the option to continue your military service after a court-martial will depend on the outcome of your case, which, in turn, depends on the specific charges brought against you, the severity of the alleged offenses, and other circumstances. If the sentence handed down for your court-martial case includes discharge from service, then no, you will not be able to stay in the military afterward.
Frequent updates to the MCM and recent changes to the court-martial process underscore the dynamic nature of military law–and the need for powerful legal representation. At The Law Center P.C., our team is well-versed in military and civilian law alike and can provide highly responsive, highly effective legal support to those navigating the complex waters of military law and the general court-martial process. Contact us today for a confidential consultation.
]]>A Colorado court-martial defense attorney is an invaluable asset for any service member facing court-martial proceedings. Your legal representative can help you understand the procedures ahead of you and assist you in crafting an effective defense against the charges that have been filed against you. The Law Center P.C. regularly represents members of the US military in all types of court-martial proceedings and can help with your impending case.
The lowest level of court-martial proceedings under the UCMJ is the summary court-martial. Only enlisted service members can be tried in summary court-martial, and this procedure is designed to dispose of the most minor offenses under the UCMJ. During summary court-martial, the accused does not have the right to legal counsel, but they may hire private defense representation if they wish.
Summary court-martial is presided over by a single judge. This process is typically reserved for offenses that are more serious than what would typically lead to nonjudicial punishment but not serious enough to warrant a special court-martial.
The special court-martial process is the intermediate level of UCMJ trial proceedings. The defendant has the right to legal representation, and the case will be presided over by a single judge or a panel of at least three service members and a judge. The defendant has the right to request that at least one-third of the panel be enlisted service members. Generally, the special court-martial process is reserved for offenses that would qualify as misdemeanors for civilians.
The highest level of military criminal court trial procedures is the general court-martial. This procedure may be presided over by a panel of no less than five service members and a judge, and the defendant has the right to request trial by judge alone as long as they are not charged with a capital offense.
The civilian equivalent of general court-martial would be criminal prosecution for a felony offense. The judge overseeing a general court-martial has the power to assign penalties as stipulated by the UCMJ and the Manual for Courts-Martial. Additionally, a general court-martial must be preceded by an Article 32 investigation, which is the military equivalent of a grand jury investigation.
The military criminal justice system is typically faster than the civilian criminal court system when it comes to processing cases, so a defendant charged with a UCMJ violation has very little time in which to prepare their defense. It is imperative that if you find yourself in this situation, you seek out an experienced military criminal defense attorney as soon as possible.
The right attorney can review the charges against you, identify weaknesses in the evidence and testimony presented against you, and assist you in determining your most viable defenses. The attorneys at The Law Center P.C. have years of experience representing members of the United States Armed Forces in all types of criminal cases, including all levels of court-martial. If you are facing any such case, our team can provide the responsive defense counsel you need.
A: The UCMJ is a specific set of laws maintained and enforced for members of the US armed forces. Every service member in every branch is beholden to the Articles of the UCMJ, and each branch of service has unique procedures under each article. The UCMJ not only provides clear codes of conduct but also outlines criminal offenses and prescribed penalties for each offense.
A: Court-martial is the equivalent of a criminal trial against a member of the military. Nonjudicial punishment is an alternative to a court-martial if a service member’s commanding officer does not believe that the service member’s conduct is severe enough to warrant criminal charges. Commanding officers typically have discretionary power to enact whatever nonjudicial punishments they deem appropriate to fit an offense.
A: If a US service member is convicted in a court-martial, incarceration is just one of many possible penalties they could face. The severity of their penalty depends on the level of the offense they committed. It’s possible for a defendant to be removed from military service under dishonorable discharge, face forfeiture of all pay and allowances, and face incarceration in a military prison.
A: If you are facing a court-martial, your military career could be at stake, and the penalties for conviction may extend past your military service and negatively impact your civilian life for years to come. It is crucial that you find defense counsel you can trust to guide you through your case so you can avoid the worst possible penalties for conviction, and a private defense attorney offers the greatest chance of accomplishing this.
A: Most criminal defense attorneys charge hourly rates for their representation, so the more time an attorney needs to spend on a client’s case, the more the client pays in attorneys’ fees. A defense attorney’s hourly rate usually depends on their experience level. Always take time to review an attorney’s billing policy before signing a contract for their representation.
The attorneys at The Law Center P.C. can provide robust criminal defense representation if you face a court-martial for any UCMJ violation. Our team can provide responsive legal guidance through every stage of your proceedings, from an initial hearing to your court-martial proceedings. Contact our team today to schedule a consultation with a Denver military defense attorney and find out how we can assist with your impending case.
]]>When you are looking for a Denver, CO, Military Defense Attorney, some of the characteristics that you may want to look for include:
The military has three courts-martial that address different kinds of crimes and violations of military law, with differing maximum punishments at each of the different levels. The three kinds of courts-martial are:
The military does have its own lawyers. However, there can be some disadvantages to working with them alone and not with a civilian attorney as well. A military lawyer is like a public defender. Like public defenders, it’s possible that they may be overworked and not be able to give your case the attention that it deserves. Also, they are subject to the military’s chain of command. Respect for this structure may make them hesitant to aggressively question higher-ranking officials if that’s what the case requires. A civilian lawyer may be much more comfortable with that process.
There are three courts-martial that handle different levels of violations and offenses in the military. These are:
Military Law is a separate category of law, working almost in parallel to civilian law. It is spelled out in the Uniform Code of Military Justice, or UCMJ. Because it is its own unique system of law, it’s important to work with a lawyer who has an understanding of its laws and judicial processes.
Working with a civilian military defense attorney may prove to be beneficial to your case in a number of different ways. One reason is that they are going to be able to give your case the attention that it deserves. Like public defenders in the civilian system, many military defense attorneys are overworked. You may be better off having both attorneys (your free military defender can stay on the case) managing your defense.
It can be particularly helpful to have a civilian lawyer who is outside the chain of command. Your free military lawyer is a part of the military and the hierarchy that comes with it. This can lead to hesitancy to take an aggressive approach against higher-ranking officers. A civilian military attorney isn’t burdened by those concerns and etiquette. They may end up taking a much more aggressive approach to defending you as a result.
Military law is extremely specialized and nuanced. While there are some similarities to civilian law, there are also some critical differences. When looking for someone to defend your case, you want to find a legal team with a deep understanding of military law and its processes. You need someone with experience handling the different kinds of court-martial that can be used. At The Law Center P.C., our team has a strong background in military law and is ready to defend your case with the passion and aggression that you deserve. Contact us today to discuss your situation.
]]>If you are facing a DUI or DWAI charge, the right way to fight the charges begins with understanding the laws. Multiple laws outline driving under the influence:
There are two main categories of charges applicable to driving while impaired: DUI and DWAI.
DUI is defined as operating a motor vehicle while under the influence of alcohol, one or more drugs, or a combination of alcohol and drugs. There is no specific blood alcohol level required to be charged with a DUI.
Under the umbrella of DUI is DUI per se. You can be charged with DUI per se if you take a test that shows your blood alcohol content (BAC) to be higher than the legal limit of 0.08. This is applicable even if you are not showing any indicators of impaired driving.
DWAI, or driving while ability impaired, can be charged when a person over the age of 21 has a blood alcohol content of 0.05 or greater but less than 0.08. If the driver is under the age of 21, they can be charged with DWAI if their blood alcohol content is 0.02 or greater.
There are two important notes about these charges:
The legal penalties for a DUI and a DUI per se conviction are the same. Each is broken down by the number of prior offenses:
A first-offense DUI, or DUI per se, is a misdemeanor and can be punished by:
A second-offense DUI, or DUI per se, is also a misdemeanor but carries more severe penalties:
A third-offense DUI, or DUI per se, is the last misdemeanor charge. It carries the heaviest of misdemeanor penalties:
A fourth-offense DUI, or DUI per se, is charged as a Class 4 felony:
If the DUI or DUI per se results in the serious injury or death of another, there are two felonies that can be additionally charged: vehicular assault and vehicular homicide.
DWAI penalties follow the same structure as DUI penalties, increasing as the number of convictions increases. The first three offenses are charged as misdemeanors, and the fourth or additional charges will be felonies. DWAIs also introduce DVM points as a consequence. These points are used to track demerits against your license. An accumulation of 12 or more points in one year, or 18 or more points in 24 months, will result in the suspension of your license.
The severity of the DUI or DWAI charge you will face depends on the number of driving while under the influence convictions on your record. The first three offenses are charged as misdemeanors, and the fourth and subsequent offenses will be charged as felonies. There is no time limit for the accumulation of these charges.
If you do not request a DMV hearing within the 7 days following a DUI arrest, your license will be suspended automatically. This suspension will occur even if you are later found to be innocent. The only way to prevent this automatic suspension is to request a hearing in writing within the seven days following your arrest.
Under Colorado’s Express Consent Law, you are required to take a chemical test if the requesting police officer has reasonable grounds to believe that you are impaired by drugs or alcohol. A violation of this law can result in losing your license. It can also be used as evidence of guilt during a trial.
If you were convicted of a DUI in another state, Colorado will still use this conviction for the purposes of counting DUI prior convictions. If any conviction from another state would count toward the prior conviction statute in Colorado, it can be used when determining the number of prior convictions. Colorado also does not have a lookback period, so any conviction in your history can apply.
Although these laws dictate harsh penalties for those convicted, there may still be routes that an experienced attorney can take. They might be able to get your charges dismissed or reduce the penalties you face. Contact The Law Center P.C. if you were arrested for driving while under the influence to examine your options and move past this mistake.
]]>In a groundbreaking decision on February 2, 2024, the United States Court of Appeals for the Fifth Circuit significantly altered the legal landscape within the Fifth Circuit surrounding firearms restrictions arising from protection orders based on domestic violence allegations. United States v. Rahimi, No. 21-11001, 59 F.4th 163 (5th Cir. 2024) has far-reaching implications for individuals seeking to overturn convictions under 18 U.S.C. § 922(g)(8) or regain their firearms rights. While not binding law in Colorado’s 10th Circuit, Rahimi has opened the doors to take up the issue of firearms restrictions after a domestic violence-based protection order or even conviction. If you or someone you know is affected by this decision, it is crucial to contact The Law Center P.C. as soon as possible at info@thelawcenterpc.com or book directly at https://tinyurl.com/tlcpcfirearms.
Background:
In the case of United States v. Rahimi, the defendant, Mr. Rahimi, was convicted of possessing firearms while under a domestic violence restraining order in violation of 18 U.S.C. § 922(g)(8). Mr. Rahimi appealed his conviction, arguing that the firearms prohibition under § 922(g)(8) was facially invalid under the recent U.S. Supreme Court opinion in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022).
The Rahimi Decision:
The Fifth Circuit agreed with Mr. Rahimi’s argument, holding that the firearms prohibition under § 922(g)(8) that § 922(g)(8)’s ban on possession of firearms is an ‘outlier[] that our ancestors would never have accepted.’ Therefore, the statute is unconstitutional, and Rahimi’s conviction under that statute must be vacated.” (Citing Bruen).
Impact on Firearms Convictions and Restrictions:
The Rahimi decision has significant implications for individuals with convictions under § 922(g)(8). For such individuals, this decision offers a potential path to overturning their firearms convictions or restoring their firearms rights.
In light of the Rahimi ruling, those with convictions under 922(g) and/or those who lost their firearms rights due to domestic violence protection orders should reevaluate their eligibility to possess firearms and consider challenging the applicability of § 922(g)(8) to their cases. Moreover, individuals who have been charged with a violation of § 922(g)(8) should consult with experienced legal counsel to determine if the Rahimi decision may provide a viable defense.
What This Means for You:
If you or someone you know has been affected by the federal firearms prohibition, the Rahimi decision could offer an opportunity to overturn your conviction or regain your firearms rights. It is essential to act quickly and contact a knowledgeable attorney to review your case.
The Law Center P.C. is here to help. Our experienced firearms attorneys can evaluate your situation, determine if the Rahimi decision applies to your case, and guide you through the process of asserting your rights under this landmark ruling. Contact us as soon as possible at info@thelawcenterpc.com or book a consult directly at https://tinyurl.com/tlcpcfirearms to discuss your case and explore your options.
The implications of this decision are far-reaching and may lead to changes in how courts across the country interpret and apply § 922(g)(8) in the future. As a result, it is essential to stay informed and be proactive in addressing the impact of this ruling on your specific circumstances.
United States v. Rahimi also serves as a reminder of the importance of vigilant advocacy and the evolving nature of the legal landscape. By understanding this ruling and its implications, individuals affected by federal firearms prohibitions can better navigate the complexities of firearms restrictions and work towards regaining their rights.
As the legal landscape continues to evolve, The Law Center P.C. remains dedicated to providing comprehensive and up-to-date counsel for our clients. Our team of experienced attorneys is well-versed in the intricacies of firearms law and is prepared to assist you in understanding and asserting your rights in light of the Rahimi decision.
If you believe that your case may be affected by the Rahimi ruling, do not hesitate to reach out to The Law Center P.C. for a consultation. Contact us at info@thelawcenterpc.com or book directly at https://tinyurl.com/tlcpcfirearms to discuss your case, explore your options, and ensure that you receive the highest level of legal representation.
In conclusion, United States v. Rahimi represents a substantial shift in the legal landscape surrounding firearms convictions and restrictions arising from firearms prohibitions arising from domestic violence issues. By understanding this landmark decision and its potential implications, individuals impacted by domestic violence issues can take the necessary steps to protect and restore their rights. The Law Center P.C. is here to guide you through this process, providing expert legal counsel and support every step of the way.
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