Blog

Criminal Liability for Transmitting HIV in Colorado

Daniel Noffsinger - Monday, May 23, 2016

Warning: This post contains language and sexual references which some may find unsuitable.   READ MORE...

Divorced Parents and Children’s Medical Treatment

Daniel Noffsinger - Wednesday, May 11, 2016

One of the most difficult decisions a parent is faced with is determining the medical care and treatment of a sick child. The decision is even more difficult when parents are not in agreement with the appropriate care or treatment of the sick child. There is generally no dispute when a child needs emergency medical care and treatment. Any parent, whether custodial or non- custodial, with or without sole custody or with joint custody, can make emergency medical care and treatment decisions for the child and the other parent has little to no role in making that decision because of the emergency nature of the incident.  READ MORE...

Interplay Between Religion and Divorce

Daniel Noffsinger - Wednesday, May 04, 2016

Before Carrie Bradshaw there was Helen Rowland. Rowland, a journalist at the top of the twentieth century, wrote a column in the New York World captioned Reflections of a Bachelor Girl. Rowland’s observations on the relief or lack of it in divorce are quite poignant. She writes, “When two people decide to get a divorce, it isn’t a sign that ‘they don’t understand’ one another, but a sign that they have, at last begun to.” She adds, “Nowadays love is a matter of chance, matrimony a matter of money, and divorce a matter of course.”  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...

When Substance Abuse Causes Restrictions on Parenting Time

Daniel Noffsinger - Tuesday, October 27, 2015

Drug use affects families with children unlike any other group. If a parent is abusing alcohol or drugs it raises concern over whether that parent can adequately look after and care for a child. The issue is relevant in divorce cases, dependency and neglect matters, and cases involving the allocation of parental responsibilities. Drugs and alcohol have the ability to alter the mental state of the user. Parents are inconsistent with their ability to parent and are often more susceptible to abusing or neglecting their children.  READ MORE...

Privacy Rights in the Digital Age: Criminal Searches of Cell Phones

Daniel Noffsinger - Tuesday, September 08, 2015

The fourth amendment of the U.S. Constitution protects us from unreasonable searches and seizures by the government. This protection extends to our cell phones. In late June 2015 the U.S. Supreme Court in Riley v. California, unanimously ruled that the police need a warrant to search the cell phones of people they arrest. Here in Colorado, we also look to People v. Taylor, a 2012 Court of Appeals case, which permits the search of cell phone records by the police of people they arrest at the time of or “incident to the arrest,” to complete the analysis of permissible criminal searches of cell phones.  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...

Are Garnished Spousal Maintenace Payments Collected Pursuant to a Judgment Tax Deductible?

Daniel Noffsinger - Sunday, July 26, 2015

When a couple divorces or separates, one partner will often have to pay the other partner alimony or spousal support payments. Under the Internal Revenue Code, these spousal maintenance payments are tax deductible if certain conditions are met. What if one partner obtains a court- ordered judgment to collect upon missed payments? Are payments made pursuant to a judgment still tax deductible? One Colorado ex-husband argued that they were, but the United States Tax Court held differently.  READ MORE...

Proposed Colorado Bill Would Give Equal Parenting Time For Divorced Couples

Daniel Noffsinger - Thursday, June 25, 2015

A bill has recently been introduced in the Colorado General Assembly that would significantly impact the parental rights of individuals going through a divorce. The bill, if passed, would place divorced parents on equal grounds with respect to determining parental rights in children. The purpose of the bill is to emphasize the fundamental liberty interest of both parents and children in maintaining the parent-child relationship.  READ MORE...