Blog

The Single Most Common Cause of Traffic Accidents is Human Error - Part I

Daniel Noffsinger - Friday, September 01, 2017

Grassroots campaigns led by nonprofits and safety advocates have begun efforts aimed at automobile drivers, laws, and reporting in this country to remove the word ‘accident’ from the popular lexicon when describing a car crash. They believe that people have become too complacent and there is a general sense of apathy surrounding car crashes. Last year car crash fatalities rose 8% over 2014, killing 38,000 people.  READ MORE...

Arson and Insurance Fraud

Daniel Noffsinger - Wednesday, March 08, 2017

Arson crimes are on the rise in the state of Colorado. Just last year, a body was recovered from a burned RV parked outside of a church in Pueblo. In addition to aggressively prosecuting arson cases, the state of Colorado has created a specialized unit, the Insurance Fraud Unit, which goes after people that commit arson to receive insurance claim proceeds. The following post examines arson crimes in Colorado and why insurance fraud cases are pursued so aggressively in Colorado Springs.  READ MORE...

Video Recordings Now Part of Police Investigations

Daniel Noffsinger - Wednesday, March 08, 2017

The use of deadly force by police officers in cities all over the United States has been a hot topic since last year. In 2015 alone, according to The Guardian newspaper, 1,134 people were killed by police. A disproportionate amount of the dead are young, unarmed, African-American males. When the incidents are investigated, many feel the use of deadly force was unnecessary to apprehend the suspect. Others feel the police officer had reason to believe his or her own life was in danger, necessitating the use of deadly force.
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Recent Developments with Juveniles in Criminal Law Proceedings

Daniel Noffsinger - Wednesday, September 21, 2016

Under Colorado law, a person under the age of 18 is considered a juvenile when charged with a crime. The juvenile criminal defendant appears in juvenile court. Colorado’s Juvenile Court has jurisdiction over juveniles over the age of 10 up to 17 years of age. At 12, a Colorado juvenile is eligible to be tried and sentenced as an adult if the child is accused of committing a class 1 or 2 felony or crime of violence. The proceeding is then transferred, or if the criminal defendant is 16, direct filed with the District Court. In the last year there have been a number of developments with respect to juveniles in criminal law proceedings. The following post will review the most significant of the developments.  READ MORE...

Police Questioning of Minors and Adolescents

Daniel Noffsinger - Monday, May 02, 2016

I am often asked by friends and family about police questioning minors or adolescents. As more crimes committed by younger people are being exposed by the media and Hollywood, I find that there is a great deal of confusion regarding the role of the police and parents in the investigation and interrogation of criminal activity. While highly entertaining, the Internet, Wikipedia, Facebook and television crime shows do not adequately present the constitutional rights of minors or adolescents. So, a review of the law and its protections is necessary. As with all Internet postings, nothing in this blog should be construed as legal advice. Every situation is unique. Contact an experienced criminal attorney to discuss the specifics of your child or adolescent’s case.  READ MORE...

How Social Media Will Ruin Your Case

Daniel Noffsinger - Monday, February 29, 2016

Social media apps or websites permit users to create and share content (words, images, or videos) with friends and family or the public at large. By total number of users, Facebook is one of the most popular of such websites. Others include Twitter, LinkedIn, Pinterest, YouTube, Foursquare, Instagram, and Reddit. These apps and websites enable their users to share personal pictures or videos, thoughts, and employment history through posts. Commonly used in the college admission process and during employment hiring decisions, social media apps or websites are also being routinely used in litigation of all kinds. Insurance companies, opposing parties, and defense attorneys turn to a social media accounts to limit, discredit, or deny all sorts of testimony or claims.  READ MORE...

Defenses to Crimes in Colorado

Daniel Noffsinger - Sunday, August 02, 2015

In order to be convicted of a crime in Colorado the state prosecutor must establish your guilt beyond a reasonable doubt. This phrase means that based upon the evidence presented, there is no other logical conclusion that may be derived other than that the accused person committed the crime. This reasonable doubt bar is set so high in order to overcome the presumption of innocence we all enjoy in this country pursuant to the rights set forth in the Constitution.  READ MORE...