Technology has brought many benefits to our lives, but it has also introduced new dangers that we must be aware of to protect ourselves and our businesses. Every day, we hear about new cases of cyber-attacks and data breaches, which can lead to significant financial losses, reputational damage, and legal problems.

What are four computer crimes charges you could face?

1. Hacking

Hacking refers to unauthorized access to a computer system or network. Hackers can exploit vulnerabilities in software and hardware to gain access to sensitive data, such as corporate secrets, financial records, and customer information. Criminals also use hacking to steal identities, install malware, and launch other types of attacks, such as Distributed Denial of Service (DDoS) attacks.

Computer users are encouraged to use strong passwords, update software regularly, and use firewalls and antivirus software to avoid hacking issues.

2. Phishing

Phishing is a type of social engineering attack where attackers use emails, phone calls, or text messages to trick people into revealing sensitive information, including:

• Passwords
• Credit card numbers
• Social Security numbers

These attacks can also lead to malware infections or credential theft, which can be used to launch other types of attacks.

To prevent phishing, people should be cautious of suspicious emails or messages, verify the identity of the sender, and use two-factor authentication.

3. Malware

Malware is a type of software that is designed to harm a computer system or network. It can take many forms, including:

• Viruses
• Trojans
• Ransomware
• Spyware

Criminals use malware to steal data, disrupt operations, extort money, or hijack computer systems.

To prevent malware, you should avoid downloading software from untrusted sources, use antivirus software, and keep your software updated.

4. Insider Threats

Insider threats refer to threats that originate from within an organization, such as employees, contractors, or business partners. They can involve intentional or unintentional actions that lead to data breaches, theft, or other damages.

Insider threats occur due to:

• Negligence
• Malicious intent
• Lack of training or oversight

To prevent insider threats:

• Implement access controls
• Enforce security policies
• Monitor the behavior of your employees and contractors

In conclusion, preventing computer crimes requires a multi-layered approach that involves technology, policies, and education. By understanding the different types of computer crimes, you can better protect yourself and your business.

It’s also important to understand the various types of computer crimes. This ensures you don’t do something accidentally that could result in criminal accusations. Technology is complex and it’s possible to do something you don’t intend to do that results in accusations of a crime. If this happens you need to speak to an attorney immediately.

Computer crime accusations can result in high fines and jail time. No matter your intentions, you need the protection of an experienced criminal attorney to help you. If you’d like to learn more about how a criminal defense attorney can help you if you’re accused of a computer crime or you’d like to speak to someone about your situation, contact David Lindsey.

Anyone facing criminal charges or who is under investigation is likely concerned about what the future holds. If you’re in this situation, you should do everything you can to protect your rights. Unfortunately, some people hesitate to hire a lawyer because they believe that legal representation is too expensive. But the cost of not hiring a lawyer can be much higher.

Understanding your options is one of the best things you can do when hiring an attorney to defend you in a criminal investigation. Here’s what you need to know.

Hourly vs. Flat Fees

Criminal defense attorneys typically charge either an hourly fee or a flat fee.

An hourly fee means that you pay the lawyer for each hour of work they do on your case. The rate varies based on the lawyer’s experience, expertise, and location.

A flat fee, on the other hand, means that you pay the lawyer a set amount for the entire case, regardless of how many hours they work. A flat fee is common for simple cases, such as traffic violations, and can range from a few hundred dollars to a few thousand dollars. Hourly fees are more common for complex cases, such as felonies, and can range from $150 to $1,000 per hour.

Factors Influencing the Fees

Several factors influence how much a criminal defense attorney charges, including:

• Complexity of the case
• Lawyer’s experience
• Location of the case

A complex case with multiple charges, witnesses, or evidence will require more time and effort from the lawyer, resulting in higher fees. The more experienced the lawyer, the higher the hourly rate or flat fee. A lawyer with significant experience in federal criminal cases will charge more than a lawyer who handles only misdemeanors. Finally, the location of the case can impact the fees because of differences in the cost of living and the level of competition among lawyers.

Payment Plans

If you can’t afford a criminal defense attorney’s fees upfront, you can discuss payment plans with the lawyer.

Many criminal defense attorneys offer payment plans that allow you to pay a portion of the fee upfront and the rest in installments. The terms of the payment plan depend on the lawyer’s policies and your financial situation. Some lawyers may require a credit check or a co-signer for the installment agreement.

Hiring a Public Defender

If you can’t afford a criminal defense attorney, you can apply for a public defender. A public defender is a lawyer appointed by the court to represent you if you can’t afford a private attorney. Public defenders are available for criminal cases within the court’s jurisdiction. While public defenders offer legal representation for free, the quality of the representation may be lower due to the volume of cases they handle, and they may have less time to devote to each case.

Should I Hire an Attorney?

Hiring a criminal defense attorney may seem expensive, but the cost of not hiring one can be detrimental to your case and your life. A criminal conviction can result in jail time, fines, and a criminal record that can affect your future employment opportunities and personal relationships.

Understanding the fees and payment options of a criminal defense attorney can help you make an informed decision and avoid surprises down the road. If you’re facing criminal charges, it’s best to consult with an experienced criminal defense attorney to assess your options and protect your rights.

If you’d like to learn more about criminal defense attorney fees or you’d like to speak to someone about your situation, contact David Lindsey.

Sexual assault is an incredibly serious crime. Those accused of it can face serious consequences. But is sexual assault a federal crime?

The answer depends on the specifics of the case, including where the alleged assault took place and who was involved. Here’s what you need to know.

State vs. Federal Jurisdiction in Sexual Assault Cases

Whether or not an act of sexual assault is considered a federal crime depends on several factors. This includes where it occurred and the people involved.

Generally speaking, most cases of sexual assault are charged as state crimes because they involve two people who are citizens of the same state. In these cases, local law enforcement handles all aspects of the investigation and prosecution.

However, in certain situations, the federal government may become involved.

One example would be if someone committed acts of sexual violence against another person on tribal land or military bases. In these instances, the perpetrator could face charges from both state and federal prosecutors.

The same is true if either person accused of committing an act of sexual violence is an employee or representative of the US government. In this case, they could be prosecuted by both state and federal authorities depending on where the incident occurred.

Finally, if someone claims to have been sexually assaulted while crossing state lines they could potentially file charges at both the state and federal level. An example of this would be if someone is assaulted during an airplane flight. Assaults that occur on airplanes are always considered federal crimes.

Federal Penalties for Sexual Assault Convictions

If convicted at the federal level for an act of sexual violence, penalties will depend largely on what type of charge has been filed against you.

For instance, aggravated sexual abuse carries more severe penalties than criminal sexual abuse does. Whether or not you have a prior criminal record also affects the situation.

Sentences can range from several years in prison to life in prison without parole. Fines can range anywhere from $250 to $250,000 or more. Individuals found guilty may also need to register with their local sex offender registry upon their release from incarceration.

It’s easy to see why anyone accused of committing acts of sexual violence should seek out legal counsel right away. Penalties for a successful conviction of sexual assault are hefty and can affect you for the rest of your life.

Sexual assault is a serious crime that carries significant penalties regardless of whether it’s charged at the state or federal level. If you’re facing charges for sexual assault it’s wise to hire an attorney. They understand how to navigate through the legal system and will ensure you receive fair treatment under the law no matter which court has jurisdiction over your case.

For more information or to discuss your situation with an experienced legal professional, contact David Lindsey.

Yes, stealing mail is a federal crime. Anyone accused of mail theft must understand that the United States Postal Service (USPS) takes mail theft very seriously. Those who commit this offense can face serious penalties.

What should you know about mail theft, the consequences of mail theft charges, and how to protect yourself from becoming a victim of mail theft?

What Counts as Mail Theft?

According to the USPS website, mail theft is “the unauthorized taking or use of postal items or services.”

This includes:

• Taking items out of someone else’s mailbox without permission
• Intercepting mail that was intended for someone else
• Using someone else’s postage stamps without their consent
• Opening someone else’s letter without their permission
• Forging another person’s signature on a package or letter

In all cases, it must be intentional for law enforcement to consider it a federal offense.

The United States Postal Inspection Service recommends the following to protect against mail theft:

• Promptly pick up your mail
• Contact USPS and/or the sender about overdue mail
• Never mail cash
• Use the USPS “hold for pickup” service
• Request signature confirmation
• File a change of address if you’re moving
• Submit a request for a temporary mail hold if you’re traveling or away from home

Consequences of Mail Theft Charges

The consequences of mail theft charges vary depending on the severity of the crime and whether you did it for personal gain.

If convicted of stealing just one piece of mail, you could face up to five years in prison and/or up to $250,000 in fines. If convicted on multiple counts of mail theft or if there were extenuating circumstances involved you could face even harsher penalties. These include longer prison sentences and higher fines. Extenuating circumstances include fraud or identity theft.

Have You Been Accused of Stealing Mail?

The first thing anyone accused of a crime should do is familiarize themselves with their rights under the law. This protects you and ensures law enforcement and the court system follows the appropriate procedures throughout your case.

Organize Your Evidence

It’s also wise to start gathering evidence that supports your innocence as soon as possible after you’re accused. This could include:

• Witness statements
• Photographs that prove your location when the alleged offense occurred
• Anything else that could help prove your innocence

If possible, it’s best to work with an experienced attorney who can help guide your efforts in gathering evidence in a way that complies with all applicable laws and regulations.

Accusations of mail theft are serious. If accused, don’t panic. An experienced lawyer will know all the ins and outs of criminal law and will be able to provide tailored advice based on your individual circumstances. They understand the legal system and can help you navigate your way through it.

If you’ve been accused of stealing mail or you have questions about crimes related to the USPS, contact David Lindsey for more information or to schedule a free consultation.

In 2020, Congress made Paycheck Protection Program (PPP) loans available to businesses struggling with the economic effects of the pandemic. Since this program began, there have been reports of PPP fraud cases. The federal government investigated many of these cases.

Does this mean PPP fraud is a federal crime?

Here’s what you need to know about PPP fraud, as well as what to expect should you face accusations of fraud.

What Is PPP Fraud?

The CARES Act established the Paycheck Protection Program as part of the relief effort for small businesses affected by COVID-19.

To receive a loan under this program, businesses had to provide a detailed application to the US Small Business Administration (SBA). This application includes financial records and other documents that certify that the business meets certain requirements and can use the loan for eligible expenses.

If any part of an application is found to be fraudulent or false, it could constitute PPP fraud. Even if you did not intend to commit fraud, doing so could result in criminal charges under federal law.

For example, misrepresenting payroll costs or lying on an application about employees that do not exist are both forms of PPP fraud.

Is It A Federal Crime?

Yes.

Committing PPP fraud is considered a federal crime and carries significant penalties if convicted.

It is illegal to knowingly devise “any scheme or artifice” with the intent to defraud or obtain money from another person through false pretenses or representations. This same statute also applies to any attempts at mail fraud – something that also might be used in some cases involving PPP loans.

The punishment for violating this provision can include up to 20 years in prison along with fines upwards of one million dollars per count charged against you.

Remember, any form of misrepresentation on an application for a loan under the PPP can lead to serious legal consequences. This includes possible jail time and hefty fines if convicted in a court of law.

It’s essential to understand exactly what kind of information you should provide when applying for these types of loans. You must also be completely honest on your application. This reduces the risk of PPP fraud accusations.

Contact an Attorney If You’ve Been Accused of PPP Fraud

An experienced attorney can help you avoid many of the pitfalls associated with applying for a PPP loan. An attorney protects you from any potential criminal prosecution should your application come under scrutiny.

By understanding how your actions may be seen as criminal violations, you can better protect yourself. An attorney will be at your side, should your case move forward.

Furthermore, if you’ve been accused of PPP fraud, an experienced attorney can help you deal with the situation. They’ll ensure your rights are protected. They’ll also help you build the strongest defense possible based on the circumstances of your case.

For more information or to schedule a consultation to discuss potential accusations of PPP fraud, contact David Lindsey.

What constitutes a violation of constitutional rights? Here’s what you should know.

You must understand your Miranda rights if you’re accused of a crime. These rights protect you from self-incrimination. It is important to understand that these rights apply regardless of whether or not you have actually been charged with a crime. If law enforcement wants to speak to you, they must inform you of your Miranda rights before questioning you.

Unfortunately, you cannot rely on the system to do as it should and protect you. It’s common for people arrested to have their rights violated.

What are some of the ways the legal system might violate your Constitutional rights?

1. Questioning without an Attorney

Law enforcement can question someone accused of a crime without their attorney present, but only if the person consents. If you’re being questioned by police, they must tell you that you have a right to wait until your attorney arrives. You have a right to refuse to speak to law enforcement without your attorney present.

Why is this important?

Law enforcement officers are trained in how to question suspects. They might attempt to get suspects to waive their Miranda rights and agree to speak with them without an attorney present. Suspects should be aware that law enforcement will use anything they say against them in a court of law. Even if an officer says that they are just trying to help, anything you say can be used as evidence against you.

It is important to remember that you have the right to remain silent and the right to an attorney. You should never waive these rights without first speaking with an attorney. This is true whether you are guilty or innocent. An experienced criminal defense attorney will be able to advise you on whether or not it is in your best interest to speak with law enforcement.

2. Illegal Searches

Police officers are not allowed to enter your property without a warrant, with only a few exceptions.

What Constitutes an Illegal Search?

An illegal search occurs when the police enter your property without a warrant or your permission. It’s also illegal to search a property with a warrant but without probable cause. Probable cause is a reasonable belief that you have committed a crime based on the evidence that the police have.

Not all searches without a warrant are illegal. If you’re unsure if a search was problematic, be sure to share the details of your situation with an attorney.

Consequences of an Illegal Search

With some exceptions, evidence obtained in an illegal search isn’t permissible in court.

For example, if the police find drugs in plain view while they are on your property, they may use this evidence against you even if the related search was illegal. Additionally, if you give the police permission to search your property, they can use any evidence they find against you regardless of whether or not the search was legal.

3. Bribery or Intimidation

Police often try to get you to confess or to provide information that implicates you or someone else in a crime. They might offer you a deal, make threats, or use other forms of coercion.

In most cases, using these tactics to get you to confess is a violation of your rights. Additionally, anything that the police threaten to charge you with must be supported by evidence. Otherwise, these charges will not be brought against you.

The best thing that you can do if the police try to interrogate you is to ask for an attorney and then remain silent until your lawyer arrives. An experienced criminal defense attorney can protect your rights and make sure that any threats or coercion used by the police doesn’t hurt you.

Contact David Lindsey if you believe you are a victim of a violation of your constitutional rights.

Both Wyoming and Colorado have strict laws regulating hunting certain game and wildlife. Hunting is an important part of the cultures and economies of both states, but the only way for this to continue is to limit certain aspects of the sport, including poaching.

A conviction for hunting crimes in Colorado and Wyoming carries serious consequences.

These include:

• Jail
• Fines
• Restitution

What do you need to know about poaching?

Anyone hunting for small game, trophy game, or fishing in Colorado or Wyoming must have the appropriate license. Hunters must adhere to seasonal regulations and limit the methods they use to harvest wildlife. There are also requirements regarding hunting safety and coupons proving the lawful harvesting of an animal.

Any violation of these rules, including hunting without permission or the authority to do so, is poaching.

Wyoming Poaching Laws and Punishments

The consequences of poaching in Wyoming vary based on the specific law violated, the offender’s criminal history, and the animal in question.

Fines for illegal hunting range from $1000 to $10,000 and a maximum of one year in jail. The severest penalties apply to the killing of big game, trophy animals, and gray wolves. Other animals that receive greater protection under the state’s laws include:

• Black and Grizzly bears
• Mountain lions and goats
• Horned antelope
• Antlered moose, deer, and elk
• Bighorn sheep

Hunting these animals is a misdemeanor, but fines range from $5000 to $10,000 and a year in jail.

Hunters might also be ordered to pay restitution for each animal killed.

Poaching becomes a felony when a person acquires three convictions for killing any of the above-listed animals in a decade. Fines for felony poaching range from $5000 to $10,000 and up to two years in prison.

What If I’m Attacked?

One of the most common ways someone could face charges for poaching when they did not intend to kill an animal on the protected list is during an attack. The protected animals are all capable of seriously injuring or killing a human being. But defending yourself during an attack could get you into trouble.

Colorado has implemented forensic science practices to help sort out claims of an attack from poaching. The state uses DNA analysis to confirm an animal’s involvement in an attack.

If there are questions about an incident, officials submit the animal’s DNA to a specific lab for analysis. The evidence from the DNA analysis, as well as other evidence discovered at the scene of the animal’s killing, is used by US Fish and Wildlife Services, as well as the Colorado Bureau of Investigation to determine if a crime was committed.

The information provided by the analysis has helped officials sort through the more than 50,000 wildlife violations in the state over the last 10 years.

Working with a Colorado and Wyoming Poaching Defense Lawyer

Anyone accused of poaching in Colorado or Wyoming must contact an attorney who has experience with poaching laws. A poaching conviction can result in the suspension of your license, high fines, jail time, and other penalties. In addition to interfering with your future opportunities to hunt, a conviction can affect your ability to get a job or obtain a professional license.

If you’ve been accused of poaching, contact Wyoming and Colorado poaching defense attorney David Lindsey to schedule a free consultation.

Few crimes damage your reputation like child molestation. If you’ve been falsely accused of acting inappropriate with a child, everything is on the line. Child molestation charges affect your career, your personal life, your reputation in your community, and more. You could end up on a sex offender registry for the rest of your life.

If you have been accused of molesting a child or you suspect you could be, you need to reach out to an attorney immediately.

Despite the protections offered by the law and the idea that someone is innocent until proven guilty, you face an uphill battle if you’re accused of child molestation. The so-called court of public opinion won’t bother examining evidence or considering all of the factors involved in your case.

The smartest thing you can do in this situation is to contact an experienced attorney.

What Can You Do to Reduce the Risk of False Accusations?

If you work with children or spend time around kids, there are several things you should do to protect yourself from false accusations. For example:

• Behave respectfully and professionally with children and their parents.
• Avoid speaking about anything inappropriate, even if you are joking.
• Make sure your interactions with children are public. If you must be close to a child, make sure other people are around to see your interactions.
• If you are in the midst of a divorce and concerned your spouse might accuse you of something, do your best to act as amicably as possible. False accusations of molestation occur more frequently than most people realize in family law disputes.
• Limit interactions with children on social media. People take comments out of context and use them against you, especially if false accusations arise.
• If accused of wrongdoing, request that your attorney handles all communication with law enforcement and prosecution. Law enforcement and the legal system use comments made by innocent people against them. Don’t assume that anyone is on your side, other than your attorney. Do not think that being innocent means you won’t face charges or be convicted.

There is very little you can do to prevent people from making accusations against you. The best thing to do is build a strong defense.

What Can You Do to Protect Your Rights If You’re Falsely Accused of Child Molestation?

The smartest thing you can do when facing false accusations of child molestation is to contact an attorney as soon as possible. Even if there are no charges yet and law enforcement only wants to speak to you about a situation, you need to have an attorney assisting you.

You shouldn’t hope that the situation goes away or wait until it resolves itself on its own. Nor should you wait until it escalates. The best thing you can do is to have professional legal support protecting your rights. As difficult as your situation might be, your attorney will not judge you. They are there to help you and support you through this challenging time.

For more information or to discuss your case with a legal professional, contact David Lindsey.

There are laws against solicitation of prostitution in many states. It’s a criminal offense and can lead to serious penalties. If you’ve been charged with solicitation of prostitution you need to speak to an attorney as soon as possible.

What is Solicitation?

Solicitation of sexual acts is illegal in Colorado.

You can be charged with solicitation of prostitution if you attempt to sell or purchase sexual services for compensation. The attempt can occur verbally, through your actions, or by general conduct.

Solicitation of prostitution is a crime of specific intent. This means that to be guilty of the crime, the prosecutor must show that you seriously intended to offer or accept money for sexual acts. Even if you deny any serious intent, the legal system can convict you if the other party involved confirms they made an offer.

What Penalties Could You Face for Solicitation?

• Fines
• Probation
• Jail

What If There is Entrapment?

Sometimes accusations of solicitation result from entrapment. Entrapment can occur when law enforcement runs a sting operation in an attempt to compel someone to hire a sex worker.

When law enforcement encourages or induces someone to commit a crime that they would not have committed without that encouragement, it might be a case of entrapment.

In some cases, people respond to the misleading language used in a sting and innocently end up in situations they never intended to occur. It’s possible to speak to a sex worker without ever intending to purchase their services. This is not a crime. However, the prosecution can present the conversation as something it was not when attempting to accuse that person of a crime.

Situations even exist in which someone acts on the offer to receive sex in exchange for money without realizing what they agreed to. You’re innocent if you turn away from a situation once you realize it involves sex. Unfortunately, miscommunication can still lead to an arrest. Prosecutors can charge you with solicitation even if you never intended to do anything wrong.

Many legal defenses against accusations of solicitation involve proving no predisposition to committing a crime before police involvement.

What Should You Do In Response to Accusations of Solicitation?

Accusations of solicitation, especially if your situation involves entrapment, can be extremely difficult to deal with. Not only do you face the risks of fines or jail time, but your reputation is also on the line. Even a not guilty ruling could ruin your reputation.

Working with an experienced defense attorney familiar with solicitation charges increases your chances of a successful outcome with as little damage as possible. An attorney will review your case and help you create the strongest defense. Even if you know you are innocent of the charges against you, it’s important to contact an attorney for assistance.

If you’ve been accused of solicitation of prostitution, you need legal assistance. For more information or to discuss your case with a legal professional, contact David Lindsey.

Have you been accused of breaking the law? Whether or not you committed the crime, you might be tempted by accepting a plea deal to bring an end to the situation. But is this really the right thing to do?

Accepting a plea deal, even if it results in a much less aggressive punishment, means you’ve admitted you’re guilty of a crime. Criminal convictions follow you for the rest of your life.

Convictions can affect your professional and personal lives. They can cost you Constitutional rights, education opportunities, and access to employment and public benefits. The court might off a tempting deal, but it’s often not the best option available because you risk giving up so much.

Before pleading guilty, it’s important to consider all of your options. Working with an experienced criminal attorney means someone will be there to explain these options and help you explore the pros and cons of each.

Most Plea Deals Seem Beneficial

Prosecutors tend to paint plea deals in a very appealing light. Although it might seem as if they are giving something up with their offer, they are guaranteeing a successful case for themselves. They’ll get a conviction, but not for the original crime for which you were accused.

If you refuse the plea deal and they decide to move forward with the charges (and they might not), they’ll need to prove the accusations against you in court. This could go either way for them, not to mention the time and money it takes to build their case against you. They offer a plea deal because they’d rather get a guaranteed conviction than risk losing their case.

What to Consider If You Decide Not to Accept a Plea Deal?

There are several things to consider before you reject a plea offer. For example:

• Do you have a strong case? Whether you committed a crime or not, it’s important to consider if there’s a lot of evidence in your favor. Sometimes, even an innocent person has a weak case. Unfortunately, this makes them “look” guilty when pleading their case in court. If your case is weak, it might serve you to take the plea deal. This is true despite being innocent because it reduces your risk of severe consequences.
• Are you working with an attorney who gives you confidence they’ll be able to represent you in court? Like all people, attorneys have strengths and weaknesses. You might have an attorney who’s great at negotiating plea deals but isn’t as strong in court. If you’re prepared to take your case to court, you need someone who can act in your best interest in the courtroom.
• Can you afford attorney’s fees? Taking your case to court is an investment. Your attorney works hard in the weeks and months leading up to the court date. If the case is successful, it could mean you walk free and there is no conviction on your record. For many people, this is worth the money they pay their attorney.
• Are you prepared to extend how long you must deal with the situation? The court creates a schedule far in advance. Before making the commitment that comes with turning down a plea deal, make sure you are prepared to deal with the accusations against you for some time to come.

An Experienced Lawyer Helps You Determine Whether a Plea Deal is Right for You

Knowing whether or not to accept a plea deal is one of the biggest challenges faced by people accused of a crime. Working with an experienced criminal attorney can make this decision easier. For more information or to discuss your case with a legal professional, contact David Lindsey.

Has your ex made false allegations against you?

It’s common for tensions to run high during a divorce. Many couples argue and behave in underhanded ways to deal with the difficulty they’re having with the end of their relationship. It’s stressful and unfortunate, but eventually, things calm down and ex-spouses move on.

But unfortunately, in some cases, hard feelings lead to false criminal accusations. A former spouse bitter about their situation might lash out and accuse their significant other of any number of crimes, including domestic abuse or neglect or financial crimes. Their goal might also be to discredit their partner to curry favor from the divorce court.

Regardless of why your former spouse is lashing out against you, it’s important to seek legal support. What should you do if your ex falsely accuses you of doing something illegal?

Defend Yourself

It’s tempting to not take your ex seriously when they say something untrue about you. Chances are you’ve heard a few things from them as your relationship was breaking down that revealed their thoughts and feelings.

But if they’re taking their accusations to the court, your situation has risen to a different level of concern. The best thing you can do is deal with the accusations directly, regardless of whether they are true or not. Even if there is some truth to the accusation, you need to clearly explain the situation and make sure the court knows your version of the event in question.

This doesn’t mean to get into an argument with your ex. Do not exacerbate the situation or “take the bait” they might be offering. You can ignore their words as they say them, but you can’t ignore the overall situation, especially if they’ve involved law enforcement or the court.

You and your attorney can discuss the specifics of the situation and decide how to proceed. The important thing to know is that you shouldn’t ignore the accusations and assume nothing will come of them if the court is involved.

Gather Evidence and Build Your Defense

If there is anything that can prove your accusations wrong – documents, emails or texts, witnesses, etc. – you’ll want to share that information with your attorney. The more tools you use to show that your ex is lying the stronger your defense.

This is true even if there is a bit of truth to the accusations. Acknowledge the truthful aspects of the accusations, but show proof that the overall accusation is untruthful.

You don’t want to defend against a lie with another lie. Even if some part of the accusation shows you in a poor light, you’re better off being honest about the situation.

Trust Your Attorney If Your Ex Has Made False Allegations

An experienced attorney is your greatest asset during a divorce. This is even more so the case if your spouse has levied criminal accusations against you. Depending on the extent of the accusations and whether law enforcement is involved, you might need to bring a criminal attorney onto your team, as well.

Every situation is unique. If your ex has no evidence to support their claims against you, it might be easy to refute their accusation and move on. However, these situations tend to be personal and complicated. You must comply with court orders, even if they are based on false allegations. Your attorney can help you sort through the details of your situation and determine the best way to respond.

If your spouse has made false criminal allegations against you, David Lindsey can help. For more information or to schedule a consultation, contact David to learn more.

The first and most important thing to do is to not speak to law enforcement without an attorney if your autistic child is accused of a sex crime. Prior to an interview with law enforcement an attorney experienced in handling the issues related to ASD should be consulted and retained. This is critical. The initial interview can make or break the defense in a case, and no interview should be undertaken without the assistance of a lawyer.

Parents of autistic children face a variety of challenges. Many are easily overcome, but unfortunately, when the legal system becomes involved, these challenges can create a lifetime of problems. What do you need to know if your autistic child is accused of committing a crime, especially one that is sexual in nature?

People on the Spectrum Face a Higher Risk of Misreading Signals

It’s a commonly accepted myth that people with autism do not want intimate friendships and relationships. An autism diagnosis does not render someone asexual or unemotional without a need for intimacy. The truth is, many autistic people crave closeness, but they struggle to foster it in relationships.

What makes their desire for closeness challenging is that some people with autism struggle to interpret communication signals accurately. This can be a problem for anyone, but it’s especially challenging for people with autism.

In most cases, this leads to nothing more than simple misunderstandings, resolved with a bit of patience and clarification. But in some cases, misreading a communication signal can cause someone to act inappropriately. This is the case for many first-time sex offenders on the spectrum. They interpret things that other people say and do incorrectly, leading them to do unexpected or inappropriate things.

This also leads to the misunderstanding of things people on the spectrum say and do. Something that seems appropriate to someone with autism might be misunderstood by the person with whom they are interacting.

People on the Spectrum Might Not Understand that Some Sexual Content is Illegal

It’s no secret that the legal system is complex. Even the brightest person can misunderstand a law if they have not spent years studying and applying it.

Sometimes, people with autism do not understand the law they are accused of breaking. They might have a “social age” that is much younger than their chronological age. They look like an adult, but they function as a child. This can lead to them interacting with people younger than them without realizing they are violating that person.

People on the Spectrum Don’t Always Receive Appropriate Sexual Education

Adding to the challenges faced by people who struggle to interpret communication cues is the fact that many people on the spectrum do not receive the same sexual education as others. Some well-meaning families shelter their autistic loved ones. They believe this protects them and ensures they don’t struggle to process the information provided to them.

Lacking the basic sexual education most people receive in early adolescence in school and through other means, people on the spectrum struggle to make educated choices about their actions.

Consequences of Accusations of a Sex Crime When Someone is on the Spectrum are Devastating

There are numerous cases of autistic individuals becoming embroiled in the criminal justice system because of their sexual behavior. Some find themselves in legal trouble for viewing or collecting child pornography. Others face charges of stalking, masturbating in public, harassment, or sexual assault. Some are serving prison sentences and nearly all accused of sexual misconduct become registered sex offenders. And unfortunately, their status as sex offenders prevents them from receiving state services and finding jobs for the rest of their lives.

Accusations of a sex crime when someone your child is on the spectrum creates a wide array of problems. Many are life-long problems. A conviction can lead to jail time, loss of access to support programs, and all of the challenges faced by anyone in this position, but magnified a great deal. If you or a loved one is on the autism spectrum and is facing sex crimes charges, you must contact an attorney who understands the unique challenges faced by autistic individuals.

For more information or to speak to someone if your autistic child is accused of a sex crime, contact David Lindsey.

Hunting on private property is a great opportunity for those who love the sport. But doing so requires not only permission from the landowner, but written proof on your hunting license of that permission. What do you need to know about hunting on private land and what happens if you’re accused of doing so without permission?

Approximately half of all land in Wyoming is privately owned. This means to hunt on it you must have the owner’s permission. Many Wyoming landowners allow hunting on their private property because it helps them control the wild animal population. But without permission from the owner, you can get into a lot of trouble hunting on land, even if you don’t realize you’re on private property.

Wyoming Incentivices Private Property Owners Who Allow Hunting

One of the reasons private property hunting has increased in the last decade and a half is due to three Wyoming Game and Fish Department programs that provide incentives to landowners who allow access to hunting. The programs affect fishing on private property too.

The programs include:

1. The Hunter-Landowner Assistance Program puts landowners on a list after they report mountain lions and an overwhelming amount of critters on their property. The program connects hunters and landowners on this list to help with animal control but keep access to their land limited.

2. The Hunter Management Area Program provides a cash reward to landowners who permit Game and Fish staff to manage access to their private land. How much a landowner receives is based on the number of acres they enroll in the program. Land must offer access to big and trophy game hunting.

Under the program, landowners sign an agreement that covers boundaries, parking, and access roads. Owners receive $1260 per year for a 1000 acres access. The amount increases after five years of access. Owners might receive bonuses for each year they participate in the program. The program provides signage, patrols, and liability immunity to landowners.

3. The Private Lands Public Wildlife Access Program offers financial compensation to landowners who lease tracts of land to the state for hunting. Additionally, people using the land are encouraged to donate to the program. Donations to the program totaled more than $200,000 in 2015.

Programs Protect Hunters and Landowners

Hunting on land owned by people participating in these programs means you have legal coverage should an issue arise. It’s important to review the parameters of the programs in advance. Make sure you understand your responsibilities as a hunter.

But what happens if you’re caught hunting on land that is not part of these programs?

These programs are great for expanding access to private land hunting. But for some, they create confusion regarding private land access. Add to that that laws tend to be confusing and unclear for those who are not experienced hunters. Your best bet is to stick to public land unless you know you have proof of permission to be on private land. Unfortunately, with the vast wilderness in the state, it’s easy to wander into unmarked areas without intending to.

How an Attorney Helps You Deal with Accusations of Violating Wyoming’s Fish and Game Laws

Working with an experienced defense lawyer if you are accused of violating private property rights while hunting ensures your rights are protected. Nobody should have their life upended because of a mistake they make while enjoying the great outdoors.

In addition to the complicated laws, you’re also dealing with a variety of entities when accused of a hunting crime. In addition to the private landowner, you’ll be answering to the state’s wildlife commission. You need as much support and guidance as possible if you find yourself in this situation.

If you’d like to know more about all potential violations of Wyoming wildlife violations and potential penalties, check out this information from the state’s Game & Fish Department.

To speak to someone about private property violations while hunting or you have questions about laws regarding hunting in Wyoming, contact David Lindsey to schedule a free consultation.

Is your child on the spectrum and been accused of a crime? Children with autism benefit from a variety of different laws created to protect them. Your child’s diagnosis also plays a role in his or her defense. How does the law protect people with autism?

Here’s what you need to know.

What is Autism?

The medical community has a better understanding of autism now than it ever has. But to many people, it’s still a mystery. This misunderstanding often leads to issues in school, work, and other places.

Autism is a neurodevelopmental disorder. It impairs social development and results in communication challenges. Many autistic people engage in repetitive behavior.

The term “autistic” covers a variety of issues, including other disorders, such as pervasive development disorder and Asperger’s syndrome. An autistic person can be very highly intelligent, but they might also have moderate or low intelligence.

What Happens When Autism Plays a Role in a Crime?

There are many laws in place that protect people on the autism spectrum. Many of these laws prevent schools from limiting the movement or secluding people with autism. Low-functioning people diagnosed with autism might qualify for Supplemental Security Income or Social Security Disability Insurance.

But what happens if a person’s autism plays a role in their being accused of committing a crime?

Is it possible to use an autism diagnosis as a defense against criminal charges?

The simplest answer is “maybe.”

Developmental Disabilities and the Court System

Developmental disability is rarely a successful defense. To use it, there should be a mental health evaluation. This ensures that a defendant has at least one professional opinion to back up their claim.

However, even with an evaluation, these are complicated defenses. Mental health is not an exact science. There are many varying opinions on mental health issues, including autism. Human behavior is complicated. Opinions vary based on the information the medical community has regarding autism.

Additionally, the justice system is based on people having a rational understanding of the system and making voluntary choices. People with intellectual disabilities might not understand legal proceedings and might be incapable of making well-reasoned choices.

Finally, the justice system doesn’t have a great track record of dealing with cases in which a defendant has a developmental disability. Case law is inconsistent and for many, successfully arguing a case results in the defendant dealing with a worse fate than had they not used a defense based on autism.

This doesn’t mean people on the spectrum accused of a crime have no hope. A person’s ability to understand the effect of his or her actions is an important part of a legal defense. But claiming someone is not responsible for their behavior solely based on having autism is not as black-and-white as it seems.

How Does the Law Protect People with Autism?

If you or your child has been accused of a crime and autism is a factor, I can help. I’ve worked with clients on the spectrum and I understand the complexities of building a successful defense. If you’d like to discuss your situation or you need an experienced attorney to help you with your circumstances, contact David Lindsey to schedule a free consultation.

Securities fraud occurs when someone lies or steals an investment for their personal financial gain. To be a crime, it must be intentional and the person committing the act must stand to gain from it.

Stockbrokers most often face securities fraud charges, but organizations and investment firms can be convicted, too. It is a federal White Collar crime that involves all types of investments, including stocks, bonds, commodities, and banknotes.

The most common types of security fraud crimes include:

• Hedge fund fraud
• Ponzi schemes
• Pyramid schemes
• Late-day trading
• Failure to disclose a material fact

What Entity is Responsible for Investigating This Crime?

Securities fraud is a federal crime. The Federal Bureau of Investigation (FBI) investigates whether or not this crime occurred. The Bureau takes accusations of fraud very seriously and conducts all suspicions or reports of it occurring.

Should an FBI investigation reveal that securities fraud occurred, the Securities and Exchange Commission will usually prosecute the case against the individual, organization, or business.

The penalties for a successful securities fraud conviction can be significant. It is a Class C felony and carries with it large fines and prison sentences. Someone convicted could serve up to 20 years in prison. On average, a person convicted of securities fraud serves five years for each offense. Fines can be up to $5 million.

Securities fraud can also be prosecuted by the State of Colorado. Usually, these prosecutions are done by the Office of the Attorney General, and any violation of the State’s securities act can form the basis of a criminal prosecution. Frequently the Attorney General will begin with a civil case, or a regulatory request for documents. You should not engage with the Attorney Generals office without first consulting with an experienced criminal defense attorney.

In addition to the financial and prison penalties associated with the conviction, restitution is also a possibility. Victims of crimes receive restitution to make up for what they lost as a result of the crime.

Cornell Law School provides more information about potential securities fraud penalties here.

Are You Facing Accusations of Securities Fraud?

Facing an investigation or accusation of securities fraud can be devastating. It can end your career, ruin your reputation, take your freedom, and result in bankrupting you.

To convict someone, the prosecution must show that you intended to commit the act. If you were acting in good faith and did not believe you were deceiving the other party or you were unaware that a crime was taking place, you cannot be convicted.

Additionally, there might have been issues with the FBI’s investigation of your case. The FBI cannot use anything obtained via an illegal search or seizure against you in court.

Building a strong defense requires an understanding of legal investigations and the defendant’s role in the crime, if a crime indeed occurred. Working with an attorney who understands security fraud crimes and knows how the legal system works is an important part of defending yourself.

If you believe you are under investigation for securities fraud or you have been charged with this crime, you must speak to an attorney immediately. For more information or to schedule a consultation to discuss your case, contact David Lindsey to schedule a free consultation.

Personal drone use is a relatively new occurrence. But should you be concerned about drone crimes?

A few decades ago it would’ve been unfathomable for people to launch cameras and control them via remote control. But now, people of all ages and income levels own drones and use them for a variety of reasons. And just like most types of technological developments, the law is rushing to catch up with the tech.

If you’ve been accused of a drone crime, what should you know?

Flying a drone, also called an unmanned aerial system (UAS), is a perfectly legal act in Colorado. There are no regulations at the state level.

There are federal regulations, but these laws pertain to airports and drone interference with commercial and passenger planes. Colorado has no laws regarding what you can and cannot do with a drone, nor does Wyoming.

Only federal laws govern drone use. These laws include:

• Commercial drones must adhere to the FAA’s Part 107 Small UAS Rule and obtain a Remote Pilot Certificate.
• Hobbyist drone users must follow the FAA’s guidelines regarding recreational model aircraft and register drones that weigh more than .55 lbs. There are additional rules regarding airspace, altitude, and line-of-sight.
• Government employee use of drones (fire and police departments) must operate under the FAA’s Part 107 rule or obtain a federal Certificate of Authorization.

Do I Need to Register My Drone?

Yes.

According to the Federal Aviation Administration (FAA), users must register all Unmanned Aircraft Systems (UAS or drones) weighing .55 lbs. Registrants classify their drones either under part 107 or the Exception for Recreational Flyers.

To learn more about drone registration, review this information provided by the Federal Aviation Administration.

Can I Be Charged with a Drone Crime If There are No State Laws?

Despite the lack of state-level laws and regulations controlling drone use, it’s still possible to be charged with a crime as a result of your drone usage. This is because people violate other laws when using their drones.

In many cases, people are charged with crimes related to trespassing, invasion of privacy, stalking, and assault. Some states have implemented laws regarding drone use and interference with critical infrastructure facilities and more states are expected to do the same in the coming years.

In addition to the laws that drone users are subject to, other people can also be charged with drone-related crimes if they interfere with drone usage.

For example, someone who damages or destroys a drone is a federal crime because drones are classified by the FAA as aircraft. It’s also illegal to attack someone engaged in the authorized use of a drone. Essentially, the law views attacking a drone operator in much the same way it would attacking an airline pilot.

Drone laws continue to evolve and there is a chance they won’t look the same in five or ten years as they do right now. It’s one of the many reasons why it’s important to work with an attorney when accused of drone crimes.

To learn more about potential drone crime defenses or to discuss your situation with an attorney, contact David Lindsey to schedule a free consultation.

If you or someone you care about has been accused of date rape, you need to speak to an attorney. Guilty or not, your situation is serious.

Even if criminal charges are not filed against you or you are not convicted, being accused of date rape can ruin your life. Innocent people accused of things they did not do end up losing friends, dealing with professional issues, and experiencing problems with family members. If you believe someone is going to accuse you of date rape or already has, you need to contact an attorney who has experience dealing with sex crimes.

What is Date Rape?

Date rape occurs when sexual assault takes place within casual relationships that are not yet committed or domestically linked. The term date rape is also used when drugs are involved in sexual assault.

Date rape is not an official legal term. You cannot officially face charges of date rape. Instead, you’ll face charges of sexual assault. It is illegal to have sex with anyone who is unaware or unconscious or who did not consent to the activity. It is also illegal to have sex with someone conscious, but not capable of controlling their conduct.

Anyone convicted of sexual assault faces serious charges, including lengthy prison sentences. There is also a mandatory requirement to register as a sex offender. Additionally, the court might order fines, restitution, community service, or probation or parole.

These are just the “official” consequences. People accused of date rape face a variety of other long-term issues. If you have a professional license or work in an industry that views sexual assault allegations as a potential liability, you face career issues. People have lost their jobs after facing accusations of date rape.

Accusations of date rape also affect personal relationships. Many of these cases boil down to “he said – she said” cases. It’s your word against your accuser’s. This makes it difficult for friends to understand or trust the details of the situation and many choose to abandon the relationship. Others side with the accuser regardless of whether they are telling the truth.

What Happens If You are Falsely Accused of Date Rape?

Ideally, you’ll avoid situations that can lead to accusations of date rape.

Refrain from sexual activity when you or anyone else involved is under the influence of alcohol or drugs. Avoid spending time alone with intoxicated people or when intoxicated. Plan dates in public locations until you know the person well.

If you engage in sexual activity with someone, do whatever is necessary to prove consent beforehand. It might seem over-the-top or unromantic to build a paper trail before engaging in sexual activity, but it’s important to protect yourself.

Sadly, some people levy false allegations of sexual assault against people they know. This happens for many different reasons. False allegations grow out of misunderstandings, hard feelings, or regrets. Some false allegations are downright vindictive. Regardless of why you were falsely accused, you need to seek legal support quickly.

To convict you of sexual assault or date rape, the prosecutor needs to prove non-consensual sexual contact occurred between non-married people with or without fraud, force, or threat

Unfortunately, this sounds more difficult than it is. Much of the “proof” comes down to what the victim says. Right from the start, those accused of sexual assault are at a disadvantage. The importance of protecting anyone truly assaulted has taken precedence over the non-guilty facing accusations. Those falsely accused suffer because of that. False accusers make things more difficult for true victims. Society has been forced to adjust its approach to ensure true victims receive protection.

What Should You Do If Accused?

Date rape allegations are serious, but that doesn’t mean your life is over if you are accused.

Contacting a criminal defense attorney experienced in sex crimes means someone will examine the facts of the case and uncover details that could help your defense.

For more information or to schedule a consultation, contact David Lindsey.

PPP Loan Fraud

The Paycheck Protection Program (PPP) was launched in April 2020 as part of the Cares Act to provide a lifeline for businesses struggling to pay employees due to the fallout of the COVID-19 pandemic.

The program set up forgivable loans for small businesses and eventually distributed the funds, at least in large part, via web-based financial technology companies. This included fintech companies such as Kabbage and BlueVine Capital, as well as banks and nonbank lenders including Cross River Bank, Celtic Bank, and Ready Capital.

As much as it helped many businesses, the speedy implementation made the program a target for fraud. Investigations have revealed that a substantial amount of money distributed via the program went to ineligible recipients. Some businesses eligible to receive money used it improperly. The US Department of Justice (DOJ) continues to investigate reports and fraud and has already filed charges in several cases.

What are the Examples of Fraud?

The investigations uncovered several types of fraud. For example, some of the companies that applied for loans were non-existent or dormant. One Texas business received approval for a $3 million loan without a website, social media presence, or valid business address. Another Arkansas business received $2 million for a business that wasn’t in good standing with the secretary of state.

Note that not all of the borrowers linked to fraud broke the rules of the PPP program. Many weren’t even accused of wrong-doing. Many of the businesses even complied with SBA directives regarding the loans.

Instead, borrowers took advantage of the opportunity fast-tracking funds provided. The goal was to get the money distributed as quickly as possible, for good reason. But the program had flaws.

To achieve this, the Department of the Treasury and the Small Business Administration (SBA) expanded the program to allow fintech companies to help with distribution.

Fintech Companies Took Over Approval and Distribution

Originally, only the largest banks working with existing companies were handling distribution, but this made it difficult for small businesses to get the funds they needed. This was especially true due to limited timeframes or collecting the funds before they ran out.

But this wasn’t the case with the second round once the fintech companies stepped in. They handled most of the second round. In some cases, as was the case with Kabbage, these companies had never handled SBA loans.

The vast majority (more than 75%) of loans handled through Kabbage were approved without human review of applications. Many loan applications took no more than four hours to receive approval.

Under normal circumstances – not in a world facing a pandemic drastically affecting businesses – firms automating their underwriting and approval process would be on the hook for any losses. But in this case, with SBA-guaranteed PPP loans, taxpayers will likely foot the bill for fraud.

But despite the flaws in the program, some borrowers were charged with fraud. So far, the cases brought by the Justice Department include millions in fraud allegations. The SBA said it isn’t holding lenders or banks accountable, but as more information comes to light, investigations have begun.

To read more about the investigation, check out this article from Bloomberg.

DOJ Investigations Into PPP Loan Fraud Underway

Recently, the DOJ has begun aggressively targeting businesses and individuals suspected of submitted fraudulent applications and using funds illegally.

So far, charges include:

• Creation of shell companies
• Falsifying payroll information
• Using loans for lavish personal expenses
• Attempting to obtain multiple loans

If a DOJ investigation reveals evidence of fraud, businesses and individuals could face charges including:

• Aggravated identity theft
• Bank fraud
• Attempt and conspiracy
• Wire fraud
• Tax evasion
• And more

If you believe the DOJ is targeting your business or plans to investigate you personally for PPP loan fraud, you need to contact an attorney. To learn more about the available defenses or to discuss your situation with an attorney, contact David Lindsey to schedule a free consultation.

Federal Sentencing Guidelines

Anyone convicted of a federal crime is subject to United States Federal Sentencing Guidelines. These guidelines impact the length of your sentence, no matter the location of the court, as long as it’s a federal court.

Many people view these guidelines as being excessively harsh, but they’ve also attempted to limit the power of judges. In the past, judges levied any penalty they chose and sentences were often drastically different despite the crime being similar.

To avoid this disparity and create a more consistent sentencing process, Congress passed the Sentencing Reform Act of 1984. The law created the US Sentencing Commission (USSC) and resulted in federal guidelines for sentencing. You can learn more about the USSC by visiting their website here.

Initially, sentencing guidelines were mandatory, but eventually, the US Supreme Court ruled that sentencing guidelines violated Sixth Amendment rights and that the legislative branch didn’t have the power to tell the judicial branch how to handle things.

But this didn’t mean that sentencing guidelines were eliminated entirely. Instead, the “guidelines” part of sentencing guidelines is emphasized and they are viewed as advisory. Judges must consider the guidelines and determine sentences based on the guidelines, but they are not required to issue sentences within the guidelines.

Today, many judges follow the guidelines but have the authority to decrease or increase a sentence based on their discretion. To do so, they must provide a reason for doing so. And in many cases, they’ve used their authority. Since the mandatory guidelines became advisory in 2005, sentences exceeding the recommended range have doubled.

There are periodic updates for guidelines. The most recent occurred in 2018. Additional changes were proposed in 2019. You can view them here.

How Judges Use Sentencing Guidelines

According to the guidelines, sentencing is based on:

• Conduct related to the offense, further broken down into 43 levels
• Criminal history, further broken down into six categories

All federal cries have an offense level and judges can use points to increase or decrease the offense level and sentencing range. In certain circumstances, sentencing is more severe based on the circumstances of the crime. Judges use enhancements to increase the sentence when a crime has an element that makes it more severe.

Examples of this include:

• Hate crimes
• Crimes linked to terrorism
• Crimes against vulnerable victims
• Obstruction of justice
• Abuse of position by convicted
• Use of minors in the crime
• Offending while on release/probation
• Use of a firearm or body armor

Judges also have the ability to reduce sentences. They might do this based on the convicted person accepting responsibility, not being a repeat offender, or accepting a plea agreement.

What Should You Know about Sentencing Guidelines?

You and your attorney can discuss sentencing guidelines and how they’ll affect you based on your circumstances. In general, the important thing to know is that you’ll have some idea of what to expect regarding your sentence before you begin planning your defense.

For instance, if you are accused of a drug crime, the controlled substance in question and how much of it was in your possession determines your sentence. Other determining factors include the arrest location and whether or not you had a weapon with you could also affect your sentence.

If you’re facing charges related to a white-collar crime, the amount of financial loss in question and your targeted victim could affect your sentence.

Also, keep in mind some crimes do have mandatory minimum sentences. For instance, let’s say you are arrested on child pornography charges. The initial mandatory minimum sentence could then be enhanced based on the number of images, whether you distributed those images, whether there was blatant violence in those images, and so on.

The most important thing for you to understand when you are arrested and face potential incarceration is that the specific facts of your case will likely dictate the range of your sentence, but this doesn’t mean it won’t be worse (or more lenient) in the long-run. This is one of the reasons it’s so important to work with an attorney who understands the federal court system and how federal judges and prosecutors approach cases. There are helpful defense strategies, but to make the most of your opportunities, you need an attorney on your side.

For more information about federal sentencing guidelines or to speak to someone about your situation, contact David Lindsey.

Expert Witness

Most people have heard the term “expert witness,” but it’s not until you’re in need of one do you truly understand an expert witness is more than just someone with experience in a given field. Just because a person considers him or herself an expert doesn’t mean the court will view it this way.

What is required to be an expert witness and what should you and your attorney look for if you’re in need of expert testimony?

There are federal and state laws governing who can testify as an expert. The court that tries your case determines which of the guidelines apply to your expert witnesses.

Federal Guidelines for Expert Witness Testimony

According to federal law, expert witnesses are people who possess education, experience, knowledge, skill, and training in a specialized field. These are fairly broad guidelines, but they do ensure anyone testifying as an expert witness will be an experienced professional in his or her field.

Federal rules require experts to base their testimony on facts and/or data considered the norm in their field. The goal is to help the jury better understand a complex situation. In a way, expert witnesses serve as filters by straining complex, technical information through their knowledge and experience and interpreting and explaining it in a way that helps someone without the same knowledge understand it.

What’s the Difference between a Federal Witness and a Federal Expert Witness?

Non-expert witnesses testify about what they saw or heard in regard to an alleged crime, whereas an expert doesn’t need to have seen or heard the alleged crime. They are giving objective general information related to the details of a given case.

The state rules regarding witnesses are similar to federal rules but vary slightly from state to state regarding the inadmissibility of testimony. To learn more about Colorado’s rules regarding expert witness testimony, check out this information provided by SEAK, a company that offers an expert witness training program.

Scientific Evidence

One of the most common issues that arise regarding expert testimony is related to scientific testimony.

In some cases, there is little to no dispute. Nobody questions evidence widely accepted as fact. Even a person of average intelligence with no specific experience would understand it. When evidence is factual, the judge can take judicial notice and accept the testimony of the expert as fact.

In other instances, scientific evidence is controversial. This means it’s up to the court to determine the appropriate testing method before allowing the expert witness’s testimony. Judges can ask if the evidence presented by the expert has been:

• Subject to peer review
• Tested and if so, via what method
• Published, and the rate of error in the testing

They might also ask for information regarding the rate of error in testing.

Other states question the reliability of scientific evidence. These states require it to be acknowledged as fact by the scientific community. Furthermore, qualified expert witnesses conduct testing and provide proof that he or she followed the proper procedures.

Would an Expert Witness Help Your Case?

Expert witness testimony can strengthen your defense a great deal and help jurors better understand the details of your case. Expert witnesses are effective even if your case is settled outside of court.

If you’d like to know more about expert witness testimony or you believe working with an attorney who has access to a network of expert witnesses, contact David Lindsey to schedule a consultation.