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Possible Defensive Propositions by a Child Abuse Defense Attorney

Posted by on Sep 1, 2015 in Child Abuse | Comments Off on Possible Defensive Propositions by a Child Abuse Defense Attorney

Possible Defensive Propositions by a Child Abuse Defense Attorney

It is really a hard task to defend against charges of child abuse, especially if the case involves strong evidence or the testimony of a child. Furthermore, the typical negative mood created by the media will go against you, as far as weighing public opinion is concerned. The allegation would have a severe impact on the life and career of the accused if it is proved positive. In such utterly trying times you have no aid waiting for you except the legal defense of an attorney experienced in child abuse cases with a great track record of acquitting offenders from such cases. In the state of Colorado child abuse charges face strict legal provisions in respect of sentence and fine. Contacting an expert child abuse defense attorney in Denver can prove to be crucial for the life of the accused. Let us discuss here some of the credible defense propositions in most child abuse cases.

False allegations

False allegations are most common in a variety of circumstances. In case of dysfunctional families or in legal battles concerning the custody of a child these allegations are common. Counter attacking such allegations with proofs of innocence is enough to prove the accused innocence in most of such cases.

The injury resulted from anything than child abuse

According to most state laws, accidents are not punishable and proving that the injury is caused by an accident or similar situation the accused can be saved. Another line of defense that takes a similar route is showing that the injury is caused by a fight among children, deteriorating acts contributing to existing injury or medical condition, etc. Proving any of these with valid evidences will make a great defense in favor of the accused.

Right of parents to take disciplinary measures

As per law, parents are given full freedom to take disciplinary actions of their children except causing physical injury or any excesses that cause permanent disability or suffering. So in case of minor injuries, the defense can prove it as the outcome of such disciplinary measure by the parents. The same line of defense applies to teachers who on his authority can take certain measures legitimately to discipline the child.

Munchausen proxy syndrome

With a great array of child abuse cases, this is a common defense proposition advocated by lawyers. The syndrome refers to a situation where the mother of the child hurts and causes injury to the child to draw sympathy for herself. Generally, such syndrome is observed in cases where poverty or extra marital relation plays a role in the situation of the accused offender. For this defensive proposition, the lawyer must provide evidence with psychological and medical data concerning the presence of such syndrome in accused.

Religious exemption

In certain religious communities certain customs require inflicting minor injuries on children. Circumcision, religious marks on body, certain physical rituals that may cause pain or injury come under this category. Though exemption on grounds of religious customs and beliefs happens in only a handful of states, it is always regarded as a contentious issue.

An experienced child abuse defense attorney after judging the merits of different defense propositions and possibilities concerning your situation and severity of the allegations can appropriately prescribe a line of defense that either can save you from the punishment or can reduce the sentence and fine to a great extent.

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Top 5 Things To Do If You Are Pulled Over For DUI

Posted by on Mar 24, 2015 in DUI | 0 comments

Top 5 Things To Do If You Are Pulled Over For DUI

DUI is a serious offense and if you are pulled over for the charge, it can lead to serious ramifications depending on the severity of your case. Fortunately, you can be proactive in taking a few steps to make sure you are better protected during your case proceedings later on. Here are five things to do if you are pulled over for DUI/DWI charge.

Pull over and park safely

As soon as you are pulled over for a DUI/DWI charge, the police officer starts observing your behavior and notes them down concisely in a report. It is therefore necessary that you do not show any traces of erratic driving or sudden moves during the parking process. Do not be abrupt, slow down gradually, pull over in a safe spot, and remain seating with your hands clearly visible on the steering wheel. It is very important to not make any sudden movements because police officers are trained to react fast to sudden threats.

Do not be rude but answer questions judiciously

If you are hostile or unintentionally rude, you are most likely to be arrested and put in a holding cell overnight. Comply with the officers’ directions to step out of the car, and provide your name, and license details immediately. However, be judicious when answering questions. You are allowed to remain silent as your right. If you feel an answer to a question might incriminate you, politely decline answering the question. However, do not lie. If you have consumed just a couple of drinks, you can say so to the officer because they will most likely not put you over the legal limit of blood alcohol level.

Refuse FSTs and PASs

Field Sobriety Tests (FSTs) and a hand –held breathalyzer tests (Preliminary Alcohol Screening or PAS) are the first two tests that a police officer might ask you to take. However, you are well within your rights to deny taking these tests. These are unreliable indicators of intoxication levels and the results can be very subjective which might weaken your case in court.

Do not resist a chemical test at the station

Legally you are obligated to take the chemical test at the police station, which might include either a blood or breath test to verify blood alcohol level. DUI attorney Denver often suggests opting for the breath test because they can be contested later in court for their validity.

Contact your DUI attorney

Immediately after being released from the police station, consult with a professional attorney specializing in DUI cases. Your attorney will ask you to go over each detail of the event as closely as possible. It helps if you make note of pertinent details such as where were you during the arrest, what you were doing, how much alcohol you actually consumed, and how long after your last drink were you pulled over. Whether you were read your Miranda rights and how long after you last drank did you take the chemical test are important details crucial to your case.

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