Dmv having difficulties with state lab tests

We here at the Nellessen Law Office just finished a DMV hearing that involved one of the lab tests from the “State Lab” during the time period between October 2011 and March 2011.  This is the time period when an untrained tech messed up on almost 1700 tests as a result of not following proper procedures or not using lab equipment properly.  Looks like the defense attorneys have a lot to play with on lab tests from this time period.

Clearly, if the DMV hearings officers are having difficulties with the state lab tests, it will be interesting to see how the county court judges and prosecutors will address the issues.  There is a fresh battle ground for all of us DUI attorneys and criminal defense attorneys.  The Motions process with regard to these particulat state lab tests will surely enlighten judges on just how inept the state lab is with regard to testing blood samples.

Go get’em guys.

Thomas Nellessen
Nellessen Law Office

Criminal clients with Immigrations issues

In todays society, we are faced with situations that involve the potential deportation of clients when they are convicted of criminal activity.  Although the Government is working to keep some of the families involved together without deporting the convicted person, there is still alot of work to be done.  On March 31, 2011, the Supreme Court took a step towards protecting the rights of illegal alien criminal defendants.

On March 31, 2010 the United States Supreme Court significantly expanded the Sixth Amendment rights of non-citizens criminally accused in the United States.  In the case of Padilla v.Kentucky, 599U.S.____ (March 31, 2010), the Court held that an attorney failed to provide effective or competent representation of a non-citizen when he failed to advise his client that his guilty plea would likely result in his deportation from theUnited States. In fact, the attorney advised his client that because he had been in the country so long, he didn’t have to worry about the immigration consequences. As a result of this attorney’s bad advice, the Supreme Court put into serious question the validity of many guilty pleas entered based on erroneous or faulty advice of counsel concerning immigration or ICE consequences.

In its opinion, the Supreme Court noted that “because the drastic measure of deportatiton or removal is now virtually inevitable for a vast number of noncitizens convicted of crimes, the importance of accurate legal advice for noncitizens accused of crimes has never been more important.” The court further noted that “Counsel who possess the most rudimentary understanding of the deportation consequences of a particular criminal offense may be able to bargain creatively with the prosecutor in order to craft a conviction and sentence that reduce the likelihood of deportation, as by avoiding a conviction for an offense that automatically triggers the removal consequence.”

With the above ruling, any criminal defense attorney who represents a client who is in the United States illegally, is required to advise the client of the immigration and deportation consequences, and other collateral issues that may result from a plea agreement.  Additionally, counsel may be able to create a plea situation that will reduce the likelihood of deportation.    At the Nellessen Law Office, we have the knowledge and experience to work with noncitizens and protect their rights in criminal matters.  The Nellessen Law Office is a Denver criminal defense law firm that provides that best legal representation possible.  Contact us TODAY!

Tom Nellessen

Nellessen Law Office

Loss of innocents.

We are still reeling over the loss of the two kids in Washington. How can a parent take the life of a child.  Is is very bothersome to know that this type of situation can happen.

I am deeply concerned with the manner in which this case went down.  With an order just two or three days before for the father to have a psych-sexual evaluation, the Department of Social Services made the choice to allow a parenting time
Session in his home.  One would think with an order for a psycho-sexual evaluation, the DSS would ensure additional protections in the manner in which the case is supervised…Atleast until the evaluations were complete. Common sense would dictate that additinal measures should have.been used. Additionally, the father was being looked at in the disappearance of the mother of the children… And the children were beginning to make statements about their “late night.camping trip”.  “Mommy is in the trunk”… “Mommy and Daddy left the car together and Daddy came back alone”… “Mommy got lost.”.  What else do you need to increase the security in this situation?

Clearly, all cases are different and the amount of security protections needwd in each case differ; however, when you have indicators and red flags like in this case, there in NO REASON to have the visit in the father’s home. Although this situation could have been avoided, could it have been avoided on the future?  Who knows.  But al least the children would have been here for a little while longer.

Pray for the kids.

Tom Nellessen

Criminal Investigation and The Criminal Defense Attorney

The investigation stage of the criminal process is probably the most crucial stage of the entire criminal procedure. The time period between the commencement of a criminal investigation and the actual filing of charges is where a seasoned criminal defense attorney can make a major difference in the final outcome of a criminal case. It is extremely important to retain a seasoned criminal attorney at the earliest possible moment to ensure that your case is handled properly and your rights are protected.

It is a terrifying thing to be contacted by law enforcement officers and learn that you are the focus of a criminal investigation. Usually the thought of jail, public humiliation, and the destruction of your social and financial life are the FIRST things that cross a person’s mind in these situations. These thoughts exist even before a person starts to mentally process the reason for the police contact. The initial police contact may cause a person to lose his or her composure and become emotionally fragile for a short (or long) period of time. Law enforcement personnel are trained to take advantage of even the slightest lapse in composure. During this period of time, you should immediately seek the assistance of a criminal defense attorney.

If a criminal attorney is notified and retained during the earliest stages of a criminal investigation, the attorney will have an opportunity to greatly alter the outcome of the case. An experienced criminal defense lawyer will initiate a series of steps to investigate and defend the case before the filing decision is made by the prosecutor’s office. Initially, the attorney may begin by interviewing witnesses while the information and facts are fresh in their minds. From these interviews, the seasoned criminal attorney will be able to find inconsistencies in witness statements and present those inconsistencies to the investigating police department or to the prosecutor’s office. What the attorney is attempting to do is put the case in a position for the police investigators or the prosecutor’s office to have a more complete picture of the case. This tactic prevents the prosecutor’s office from receiving a one-sided police report from the investigating officers. Prosecutors look for consistencies in witness statements; so, if enough questionable (inconsistent) material is presented to the police investigators or the prosecutor’s office, the criminal attorney may be able to persuade the prosecutor to file reduced charges, or in some cases, to file no charges at all.

Next, by having an aggressive attorney early on in the criminal process, the accused person may be able to avoid being arrested in the case. By maintaining contact with law enforcement authorities and the prosecutor’s office, the criminal defense attorney may be able to negotiate an agreement that would result in a Summons and Complaint to be issued instead of an arrest warrant. This tactic is used by attorneys to not only avoid the arrest of the accused person, but also to eliminate the need for finding a bonding agent and posting a bond to get out of jail.

To ensure that you are properly protected during the initial stages of a criminal investigation, it is extremely important to retain a seasoned criminal defense attorney at the earliest possible moment. The assistance of a criminal attorney early on in a criminal investigation will afford a lawyer the opportunity to use his or her training and tactics to potentially alter the outcome of your case.

A criminal Defense Attorney can help prevent a criminal offense from becoming a life altering event. If you would like additional information on how a lawyer can assist you in a criminal matter, contact Thomas Nellessen at the Nellessen Law Office.

Nellessen Law Office is Here

Welcome to the Nellessen Law Office Blog.  We are a Criminal Defense Law firm in the Denver metropolitan area.  We have been serving Colorado since 1991 and are here to help you through all of your criminal law related legal issues.

The Nellessen Law Office  is a DUI and criminal defense law firm that provides high quality and experienced DUI and criminal defense services for  all DUI, felony and misdemeanor cases in Colorado. Led by attorney Thomas J. Nellessen, The Nellessen Law Office provides legal services in the Denver metropolitan area of Colorado. We have been providing skilled legal assistance for over 18 years to individuals facing DUI and DWAI offenses, drug related charges, and in cases involving weapons, domestic violence, prostitution and all other felony, misdemeanor and traffic matters. Call attorney THOMAS NELLESSEN at 303-284-5781, or Contact us through this site and someone will contact you.

No offense is minor when you are the one charged, so it is very important that you speak with an experienced attorney.  Depending on the crime- DUI, possession, manufacturing or trafficking of drugs, assaults, prostitution, or another serious crime-a conviction may have serious consequences that could include prison time, heavy fines, loss of driver’s license, or a social stigma that can haunt you. When you are facing serious consequences, you should seek the assistance of a skilled criminal attorney.

Experience is crucial for an attorney representing individuals in criminal cases.  Incompetence in a criminal case may be particularly devastating to the client’s freedom and liberties.  Perhaps more than any other area of law, retaining an attorney early on in a criminal defense case is of utmost importance.  The longer your attorney has to handle and prepare before trial, the better and stronger your defense can be.  Call ius today at 303-284-5781, or through our website.

Sincerely,

Tom Nellessen

Nellessen Law