A wonderful ski season with lots of powder has passed. As much as I loved it, I am so happy that warm weather is on its way. The mountain bike is fully tuned and I am ready to ride.
Trial next week on a Careless Driving charge. The Boulder District Attorney has a policy of not offering any plea bargains on Careless Driving. We have a strong defense and I hope the jury finds for us. Not all car crashes are the result of careless driving.
I am happy to report that solid investigation and honest dealing with a decent prosecutor is resulting in the dismissal of a sexual assault charge against my client. The accusation was false from the start. There were red flags that I could see in the 911 call and initial report. We found reasons not to trust the accuser. For some reason the police and prosecution did not follow up on these issues. I did and solidified them. These facts were powerful for a defense at trial, but we did not stop there. We issued a subpoena to the sex assault accuser. When she knew we would fight this, she finally spoke to us in an interview and told the truth. My client was facing life in prison but now will be able to live a normal life, work and raise his kids. Real sexual assault (rape) is terrible and needs to be punished, but few things are more terrible than being falsely convicted of rape. We are thrilled that we could avoid a trial where anything could have happened.
In the past few weeks, I have been able to get satisfactory deals for 2 clients with felony domestic violence DV charges. Neither deserved a felony and both clients are very happy. It would have been fun to try these cases and we had strong defenses, but often a guaranteed deal is better than the risk of trial. It is also much cheaper.
I enjoyed learning more about DUI law and science at the recent CCDB Breckenridge seminar. I look forward to spending a week learning trial skills at the Trial Lawyers College Grad II program in August. It has been too long since I have been to Gerry Spence's ranch. I have not yet decided whether I will attend the NORML Legal Committee program in Aspen.