Being arrested for or charged with a criminal offense is bad enough, but not knowing what to say or do is even worse. Your case becomes even more overwhelming when you do not understand the language used by law enforcement officers, prosecutors, or other professionals in the criminal justice system. But you don’t have to deal with the intimidation that comes with the legal jargon if you let the skilled Denver criminal defense attorney at the Law Offices of Steven J. Pisani, LLC take your case. Besides handling every aspect of your criminal case professionally, our lawyer will make sure you understand all legal terms relevant to your case, including:
A plaintiff is a person, organization, or group of people who initiate charges over another person or group of persons.
The defendant refers to the person or an entity to whom the plaintiff files a lawsuit. As a defendant in a lawsuit, you stand to lose the most in case of an unfavorable outcome, and it is always best to work with an experienced Denver criminal defense attorney.
Presumption of innocence is a principle in law that considers every person accused of any crime innocent until proven guilty. For a court to find a defendant guilty, the plaintiff or the prosecution must prove their guilt in court beyond a reasonable doubt.
Beyond a reasonable doubt is a legal term that describes the standard of proof required to warrant a conviction in a criminal case. Usually, this burden of proof lies with the prosecution, meaning it’s their responsibility to remove any reasonable doubt in the jury’s minds that the accused is guilty of the crimes they are charged with.
Felonies are crimes that are viewed as severe by society and often include burglary, kidnapping, arson, murder, and rape. Because a conviction for a felony may attract a penalty of at least one year in jail to death, it’s always advisable to have legal representation when facing felony charges.
A misdemeanor is a crime of lesser severity than a felony and often carries less severe punishment – usually less than a year. Misdemeanor offenses include shoplifting, disorderly conduct, trespassing, simple assault, and other low-level offenses.
For the police to arrest a person, conduct a search, or seize property perceived to be related to a crime, they must have probable cause. In simple terms, the accused must have acted in a way that warrants an arrest or search.
The fourth amendment is a right enshrined in the American constitution prohibiting unreasonable searches and seizures. It requires law enforcement officers to obtain a search warrant which must be justified by probable cause and supported by oath or affirmation.
A plea bargain is a deal struck between the prosecutor and the defendant. In a plea bargain, the defendant may agree to plead guilty or no contest and instead get reduced charges, a lesser sentence, or have some charges dropped.
Bail is the money paid by the defendant to secure their release from police custody until the set date of appearing in court. It serves as collateral to ensure the suspect honors their promise to appear in court.
Cross-examination is when the opposing side’s lawyer asks questions to the other side’s witnesses, mostly in a bid to discredit their testimony.
Due process refers to procedures that must be followed in a trial to ensure that all participants have their constitutional rights honored and protected. A skilled Denver criminal defense attorney can help you have your charges dropped if due process was not followed in the course of your trial.
An acquittal refers to a court ruling that declares the defendant is not guilty of the charges brought against them.
When a defendant is found guilty of a specific charge(s), the court proceeds to pass the befitting punishment referred to as sentencing in legal terms.
Legal representation means having a trained attorney representing you in court. Every defendant has a right to legal representation under the sixth amendment.
Any conversations with the police are admissible as evidence in court only if the police clearly state Miranda rights to the suspect before taking a statement. The rights include the right to remain silent, have a lawyer during interrogation, and the right to a public attorney if you can’t afford one.
Court procedures and criminal case legal terms can be intimidating, but you don’t have to worry about that if you trust Steven J. Pisani to take your case. He is an exceptional Denver criminal defense attorney with a thorough knowledge of Colorado criminal law.
Please contact us online or give us a call 303-635-6768 today to have the Law Offices of Steven J. Pisani, LLC look into your case and guide you through the legal terms relevant to your criminal charges.
It’s not unusual for motorists to break traffic rules in Colorado. In fact, nearly every driver will get a traffic violation ticket at some point in their life. Depending on the circumstances under which the violations happen, they can have serious ramifications. These include costly fines, hikes in insurance rates, or worse, points against your driving license, community service, probations, driving license revocations, or even jail terms. If you have received a ticket for any traffic violation in Colorado, enlisting an experienced Denver traffic defense attorney is the best thing to do. Unfortunately, finding a good lawyer can be quite a hustle.
Here are tips to help you find the right traffic defense lawyer:
Experience reigns supreme when choosing a traffic defense attorney. You do not want to risk losing your case by hiring a new traffic defense law firm you saw on a Facebook ad.
Your lawyer of choice should have vast experience in traffic violation cases coupled with a history of winning cases. This way, you can be assured that they’ll work on your case in the best way possible to ensure the most favorable outcome.
To identify your target law firm or attorney’s experience, it’s a good idea to check out their website. Most firms with years of experience take pride in it and will flaunt it on their website.
Word of mouth from friends, family, neighbors, business associates, and workmates is another way to identify the best Denver traffic defense attorney. Most times, these individuals have no conflict of interest and will give their most honest opinion concerning the attorney or a law firm you are looking to hire.
The vast majority of the people you interact with on a day-to-day basis have received a traffic ticket at one point or the other and can give you their first-hand experience dealing with the traffic lawyer you are looking to hire.
When deciding on your lawyer’s choice, ensure you are comfortable sharing your personal information with them. The good thing about hiring a lawyer before having a ticket is that you have the time to compare your options.
Paying your potential candidates a visit to their offices is always a great idea. You can get an idea of how organized and professional they are just by being in their office and interacting with them. You do not want a disorganized lawyer handling your sensitive personal information.
Additionally, ensure that you hire a lawyer who has your best interest at heart. Having a one-on-one conversation can help you determine how interested a lawyer is in solving your problems.
Different law firms or attorneys will charge differently depending on various factors, such as level of experience, geographical location, or the number of hours they spend on the case.
When choosing a lawyer, ensure that you go for one within your budget without compromising on quality. An average-priced lawyer would be a great fit. Keep in mind that cheap can be expensive.
No matter the level of caution you have on the road, mistakes happen.
If you have received a traffic violation ticket in Colorado, there’s no reason to feel upset. At the Law Offices of Steven J. Pisani, LLC, we can help you fight your ticket and avoid the dire consequences that come with it. Our Denver traffic defense attorney, Steven J. Pisani, has years of experience helping Colorado residents, so you can rest assured that your case is in good hands.
Please feel free to contact us today at 303-529-2834 to book a free initial consultation.
Getting a DUI can lead to devastating consequences. However, when you are charged with your second DUI, the severity of the consequences you face is much more significant. In fact, if you get convicted of a second DUI, it can result in you having a permanent criminal record and having a driving record at the state’s DMV.
If you find yourself in a situation where you have been charged with your second DUI (or even your first one for that manner), hiring an attorney to help with the second DUI in Denver case is highly recommended.
In 2015, getting a fourth DUI during your life was turned into a felony crime. Before this date, convictions were not as serious, and the consequences were not as severe.
Now is the time to consider what you know and how things work after being charged with a DUI.
When you receive your first DUI, some of the potential penalties you will face include:
Keep in that these are considered guidelines. They do not encompass all that a judge can do when it is time to sentence you. Some other requirements may be that you remain sober, avoid using alcohol, and never drink excessively.
You may also be ordered to begin using a monitoring device and attend a victim impact panel. It all depends on the circumstances surrounding your arrest.
In Denver, if you are charged with your second DUI and convicted, it is considered a misdemeanor. Because this is considered a more serious crime, it has higher potential penalties than your first DUI Does.
Some of the penalties you will face after your second DUI in Denver include:
When you are convicted of the second DUI you are charged with; then you will be classified as something called a “persistent drunk driver.” If you are classified with this designation, there are more penalties that you may face:
Usually, if you are charged with a second DUI, it is considered a misdemeanor. Even a third-time offense will only be charged as a misdemeanor. It will turn into a felony offense if you receive four DUIs.
Keep in mind, though that there are some exceptions. For example, if the accident resulted in someone’s serious bodily harm or even the death of another person, they can face felony charges.
Even in cases where it is your first DUI, if a serious injury or the death of another person occurs, a felony charge may be applied.
For example, vehicular assault DUI is considered a class four felony. This involves someone driving while under the influence and causing serious harm to someone else. With this situation, you can face between two and six years and may have to pay a fine of $500K or more.
Another potential charge you will face is vehicular homicide DUI. This is considered a class 3 felony. If you are charged with this, you may face four to 12 years in jail and have to pay a fine of over $750K.
The best way to avoid finding yourself in this situation is to avoid drinking and driving. However, if you are pulled over in Denver for a DUI, hiring a qualified and experienced attorney is a must. They can help review the evidence in your case and provide you with insight and information about what you should ensure your case succeeds.
There is no question that being charged with a DUI can be a stressful and often scary experience. While this is true, with the help of an attorney, you can build a defense and reduce the potential penalties that you face. If you have questions about your case or need more information, contact the attorneys at the Law Offices of Steven J. Pisani, LLC by calling 303-529-2834.