The Law Office of Mark T. Langston, P.C.The Law Office of Mark T. Langston, P.C.2023-06-22T08:39:25Zhttps://www.coloradodefender.com/feed/atom/WordPress/wp-content/uploads/sites/1502466/2021/10/cropped-MarkLangston-site-icon-32x32.pngOn Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=468992022-02-24T13:39:24Z2021-01-25T15:51:04ZThe right to effective assistance of counsel
The right to counsel includes the right to the “effective assistance” of counsel. While there is no set definition of "effective assistance" from a criminal defense attorney, the courts have held that an attorney’s performance of their obligations to their client must be objectively reasonable given the totality of circumstances.
The right to counsel begins before charges are filed
The Sixth Amendment right to counsel begins during the investigation of a criminal case and is closely linked at that stage to the Fifth Amendment right not to be compelled by law enforcement agents to make incriminating statements (the “right to remain silent”). You do not have to be formally “arrested” to have the right to counsel. Any custodial police questioning triggers the right to counsel and the police must advise you of that right.
There is also no obligation to meet with or speak to the police when they are investigating a crime, and the decision whether to do so should only be made after consultation with an experienced criminal defense attorney. Do not be fooled by a police officer politely assuring you that things will “go better” if you just have a talk with them.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=468972022-02-24T13:39:32Z2020-08-18T13:02:04ZCenter for American Progress, the response package passed by Congress has helped to support U.S. courthouses to a point, but since most pertain to the federal level, more needs to be done. With the constitutional rights of those awaiting their trial or currently incarcerated hanging in the balance, the state-level courts need to set protocols.
How have the courts have responded
While the response of courts across the country has varied, the majority have restricted access to the court building, postponed trials and hearings, and used remote technology when possible. At both the federal and state level, there have been postponements of oral arguments with no specific plan to reschedule, a widespread delay of trials, a delay in arrests, and the issuance of citations for more minor offenses instead of arrests. The result in many cases has been to leave the incarcerated often awaiting trial in limbo, with their right to a speedy trial no longer an option.
A delay of justice
For inmates like Jose Javier Rivera Bernard, the dilemma means delayed justice and a long time waiting in federal prison to be able to defend himself. Bernard was presented with two options for the Fourth Amendment argument regarding his court case. He can have the suppression hearing held virtually, or he can stay locked up and wait for a new date, which could be several months out if the virus numbers continue to rise. For Bernard, the virtual hearing was not an option, as it would not allow his lawyer to challenge the credibility of government witnesses.
The situation was summed up best by a Bloomberg Law quote from attorney Michael Diamonstein. “Courts are overwhelmed, and they don’t know how to react. The tried and true method is ‘keep everyone in jail and we’ll sort it out.’”
Speedy trials no longer guaranteed
With judges issuing blanket orders to suspend the speedy trial requirements, the focus of many defense attorneys has become to get their clients out of jail while they await their trial. The days of attorneys are filled with filing forms for bail, and compassionate release as the conditions in detention facilities get worse and have become hotspots for the virus. While courts have responded by allowing bond in more options and increasing the use of electronic monitoring instead of incarceration, there are still many who cannot afford bail and are languishing in jail. Unfortunately, they wait with no clue as to when they will receive their day in court.
The effect on case preparation and trial
Another major concern for defense attorneys and their clients is the hindrance that restrictions have put on them when it comes to prepping for an upcoming case and presenting a case at trial if they are given one. With communication primarily by phone or video conference, it is difficult for attorneys to review documents and evidence, and even build trust with their clients.
In states where trials have been delayed, if one does get their day in court during the midst of the pandemic, the new protocols can lead to significant problems when trying a case. Attorneys will need to find ways to confer with their clients from a safe distance, even when discussing confidential matters. Jury composition could be affected as courts are having to issue more summons to account for more absences due to illness and other issues that have arisen since the pandemic has started. Those areas and demographics most affected by COVID-19 are expected to be less likely to be able to serve, meaning that jury pools could be skewed until the virus numbers are brought under control.
Even the requirement of wearing masks posses a significant problem when trying a case as it will bring up some of the same issues that hinder remote proceedings. Facial expressions and mannerisms are important for attorneys to convey during court and also important for jurors, attorneys, and judges to see when witnesses testify. The ability to judge credibility and truth can be greatly hindered when facial expressions are removed from the scenario.
From the suspension of the right to a speedy trial, to unsafe conditions in jails when awaiting trial, to trial practices that can hinder a fair judgment and outcome, the chaos of COVID is not only affecting the courts but also the constitutional rights of the accused that are the foundation of the American justice system.
]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=468882022-02-24T13:39:39Z2020-06-15T20:59:18ZExpulsion, loss of financial aid and imprisonment
Some parents may be surprised by the availability of illegal drugs on campus as well as their extensive use by students. Marijuana, cocaine, ecstasy and hallucinogens such as magic mushrooms and LSD have been mainstays on campus for years.
Coming into the campus scene, too, have been opioids -- the pain-killing prescription drugs such as fentanyl and codeine. Stimulants, too, have gained popularity in the forms of the prescription drugs Adderall and Ritalin, cited as preferred sources for all-night study and party ventures.
If you discover that your adult child has been arrested on drug charges on campus, here are some punishments he or she faces:
The loss of campus housing such as dormitories or student apartments
Barred from campus-related activities
The loss of much-needed scholarships
Losing athletic eligibility
Becoming ineligible for federal financial aid
Rejected from graduate school
Suspended or expelled from the college
If charged in criminal court: incarceration, probation and steep fines
This has proven to be a difficult time for your family. Now it is crucial for you to seek legal guidance from a knowledgeable criminal defense attorney, who can help determine the best options.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=468812022-02-24T13:39:45Z2020-04-27T17:50:19ZMurder conviction overturned
This issue recently led to the dramatic overturning of three murder convictions against a Boulder County man. The man was convicted last year, but his attorneys filed an appeal shortly afterward based on the answers two of the jurors gave on their questionnaires. The judge has since agreed that the answers they gave were not truthful and relevant to the case, because they had to do with whether they or their relatives had ever been charged with a crime.
Two of the jurors answered "no," but in fact should have answered "yes." One of them admitted after trial that she and her husband had been charged with child endangerment and abuse, and their child also faced criminal charges year afterward. The other juror later told the court that his three children all had problems with the law in their pasts.
In her decision to overturn the conviction, the judge concluded that the female juror's reasoning for her lie -- to protect her family's reputation -- and her seemingly "habitual evasion and dishonesty" regarding the issue put her impartiality into question.
"Her ability to perform her duty as an impartial juror was compromised from the start," the judge wrote. She ordered a new trial on the murder and aggravated robbery charges the defendant was convicted of.
Give yourself a chance at a fair trial
When charged with a serious violent crime like murder, you need strong representation from an experienced criminal defense attorney. That is the best way of ensuring you get a fair trial.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461432022-02-24T13:39:51Z2019-11-08T06:00:00ZWhite collar crime: by the numbers
The Denver Post recently published a white collar crime report, which included the following data and statistics:
By the end of October 2019, about 1,089 white collar crimes had been reported in the city. That averages to about 110 per month. In 2018, the average number of white collar criminal charges was about 98 per month.
The DIA neighborhood in Denver saw the most white collar criminal charges in 2019, with 98 charges total. That's approximately 79 white collar crimes for every 1,000 residents. By comparison, the average number of white collar crimes in other neighborhoods is about 13 for every 1,000 residents.
Tuesday is the most common day for white collar crimes to be reported, with Sunday and Wednesday trailing closely behind.
The data shows that most white collar crimes are committed between 12 noon and 4 p.m.
The numbers show that an increasing number of people are being reported for fraud and financial crimes, including offenses such as identity theft, mail and wire fraud and forgery.
Investigators are becoming more interested in white collar crime. In an effort to attempt to curtail it, they are being more thorough when they investigate a reported situation.
Are you under investigation?
Learning that you are under investigation, or facing an arrest is a frightening and intimidating situation. Here is what you need to know:
White collar criminal investigations can be drawn out. Many have been known to last for several months, while others can last for years.
White collar criminal charges carry serious penalties, including prison time.
It is important to seek experienced defense counsel from an attorney who focuses on this complex area of the law. Many investigators make their careers on high-profile fraud cases, which can result in abuses. If you are in need of a qualified attorney to defend you, contact my law firm to set up a consultation.
]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461462022-02-24T13:39:58Z2019-08-16T05:00:00ZWhen heading to trial, the jury pool is critical
During a trial, your attorney will perform the voir dire to analyze each potential jurors response to the evidence presented and determine whether or not they are likely to be swayed in favor of the defense. While this process involves questioning each of the participants, a successful criminal defense attorney won't go into the situation blind, nor will they rely simply on the answers they are given.
As part of the preparation for the trial, an attorney will research the background of each of the potential jurors. This will help them better prepare their questions and read the answers the juror gives. In addition to this, an attorney will closely observe the body language of each juror to determine whether or not they are giving a true response, and identify questions and issues that they react to negatively or positively.
They will stand by their client mentally and physically
Successful attorneys will form a bond with their clients, no matter the crime they are accused of. They believe in the rights of everyone to a fair and zealous defense as a crucial component in obtaining justice. To properly represent someone, an attorney will need to care about their client as a person and be invested in gaining them the best possible outcome for their case. In addition to forming this mental bond, a great attorney will show that solidarity physically at a trial, by standing close to their clients, especially when a verdict is read and their client may require physical assistance.
The toughest obstacle of all: The court of public opinion
Some criminal cases will draw headlines; often making the defendant guilty in the court of public opinion before the courtroom is even called to order. A successful criminal attorney is well aware of how the public views their case and will keep notice of how the public opinion is turning as they prepare. The jury pool will be comprised of individuals exposed to this public information, and an attorney will need to get to the bottom of preconceived opinions.
Gathering the right evidence
Police and prosecution reports are not always the definitive evidence in any criminal case that proceeds to trial. An experienced, effective defense lawyer will employ their own investigators or staff to investigate the allegations against their client. They will gather all of the prosecutor's evidence through the discovery process and investigate scenes, hire experts, and interview witnesses. While the prosecutors will continue to build a case against the defendant, the defense attorney will try to find testimony or evidence to refute each of their points, in order to move the jury toward reasonable doubt.
Handling difficult cases
Some cases may seem, from the outset, like hopeless causes, but the most successful defense attorneys will not see them as no-win. they will look beneath the surface of the evidence to challenge everything about the prosecutor's case. And if the verdict goes against their client, there is the appeals process to consider. In the event of a guilty plea and sentencing hearing, it is the attorney's role to fight for a fair and just sentence.
Whether it is taking on a case that no other defense attorney wants, performing the legwork to prove the innocence of the client, staying on top of public opinion, or showing solidarity with a client, a truly successful defense attorney knows their craft, their clients, and what it takes to win against the odds.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461492022-02-24T13:40:14Z2019-05-09T05:00:00ZThis is part two of our two-part series on the problems of drug addictions and prison sentencing.
In part one of our series, we discussed the State of Colorado's prison system and the legislative debate over whether to open a shuttered prison due to the burgeoning inmate population. In part two, we will discuss national statistics.
Substance abuse and chemical dependency are no longer the problems of a select few individuals who fell into the wrong crowd at a vulnerable time in their lives. Addiction is a life-threatening condition that impacts people of every socioeconomic status. As medical professionals and mental health experts begin to understand the realities of chemical dependency, they are noticing that many prisoners who are incarcerated have been or currently are addicted to illicit substances.
The reality of chemical dependency and the prison population: data and statistics related to drug use
Mirroring Colorado, the U.S. prison population continues to climb year after year, which is both a social and financial burden for local, state and federal governmental bodies. When the data is evaluated, it's startling to see the impact that drug use and chemical dependency has on the prison population. These statistics shed light on the topic:
Approximately 85 percent of the prison population has had or currently has a history of chemical dependency or substance abuse. Currently, there are more than 2.3 million inmates across the country, according to HomeHealthTesting.com.
About 485,000 were incarcerated due to a crime that was committed while under the influence of drugs or alcohol, or they were imprisoned as a result of buying or selling illicit drugs.
About 83 percent of property-related crimes involved drug use or drug sales, while about 78 percent of violent crimes involved drug use or drug sales. Drugs also played a role in about 77 percent of parole violations and 77 percent of crimes involving weapons.
Despite the fact that an overwhelming portion of the prison population has a history of chemical dependency, there is little being done about it within the prison system. Only about 11 percent of prisoners who are dependent on drugs or alcohol receive the treatment that they need to recover.
What is the solution?
The issue of chemical dependency is incredibly complex. The factors that contribute to an individual's level of addiction can vary from their upbringing and socioeconomic status to their physical and mental health. Noting the complexity of addiction and the fact that it can differ from one individual to the next, it's important to understand that there is no simple solution.
However, many believe that there is more that prison administrators and government officials can do to help. Studies have found that inmates who need and subsequently receive qualified treatment for their dependency are significantly less likely to resort to a life of crime after they are released. In fact, most states would see an economic benefit of more than $90,000 per inmate who is released and who has properly recovered from their addiction.
Several experts feel that the prison system should begin diagnosing and adequately treating those in their population who are suffering from substance abuse disorders.
Have you been accused of a crime?
Unfortunately, far too many people who are convicted of minor drug-related crimes are facing harsh sentences in a prison system that will do little to help them succeed. If you have been accused of a crime, contact us today. We will be your advocate.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461522022-02-24T13:40:20Z2019-03-08T06:00:00ZColorado Independent, officials at the Department of Corrections have (again) gone to the State Legislature to request the reopening of a state prison in Cañon City. The request comes in response to the record-high number of drug overdoses recorded in the state in 2018, accompanied by a corresponding increase in the number of drug arrests.
The numbers are expected to keep going up
According to the Colorado Bureau of Investigations, drug arrests across the state have been increasing nearly every year since 2013, when recreational marijuana was legalized. And prison sentences have been increasing right along with the number of convictions. According to a 2018 report published by the Colorado Division of Criminal Justice, the prison population is expected to continue to rise at rates the current state prison system won’t be able to handle.
“The population is expected to increase 38.2% between fiscal years 2017 and 2024, from an actual year-end inmate population of 20,101 to a projected population of 27,770.” - Adult and Juvenile Correctional Populations Forecasts, Colorado Division of Criminal Justice, January, 2018
Perhaps somewhat surprisingly, the increased percentage of additional adult men incarcerated (37 percent) is expected to fall below the projections, while the number of incarcerated female prisoners is expected to rise by nearly 49 percent.
But are the extra prison beds necessary?
Most of the increase, according to data produced by the state, will likely stem from a tendency for person convicted of a drug offense to be a repeat offender (recividism), as the state continues to treat chemical dependency as a crime. Currently, the Colorado Department of Corrections reports that nearly three-quarters of adults incarcerated in the state system suffer from some level of substance abuse disorder. And now some legislators are starting to propose sentencing reforms aimed at stemming the increasing prison population.
Due to the lack of treatment services in the current prison system, the likelihood of a person with a drug addiction returning to prison on a similar conviction is very high. Reducing recidivism may come down to making sure an inmate is in treatment and recovery prior to release.
As State Representative Leslie Herod (D-Denver) said, “Are they supposed to be there in the first place or are there other options? [Drug use is] a statewide epidemic. If we are treating this more as a public health issue than a criminal justice issue, we will make more progress.”
One bill being proposed (Sen. Dominick Moreno, D-Commerce City) would provide money for mental health treatment programs to provide treatment and recovery services to inmates diagnosed with chemical dependency while serving their sentences. The idea would be to reduce the number of drug arrests on the street by reducing the number of former inmates who are released still to society without being in recovery.
Despite attempts over the years, it will be interesting to see whether the legislature would rather spend the money on locking more people behind bars, or helping them stay out of prison in the first place.
]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461552022-02-24T13:40:30Z2018-10-24T05:00:00ZBAC level?
Your body
There are certain physiological elements that can affect your blood alcohol content, including:
Age: You may not know that your age can affect BAC. The older you are, the more intoxication affects your body.
Weight: The more you weigh, the less alcohol may affect you, and vice versa.
Sex: Typically, if a man and woman drink the same amount of alcohol, the woman will have a higher BAC. Women’s bodies contain less water and more fat, which causes alcohol to affect women more than men.
Medical history: Certain medications increase BAC, such as anti-ulcer drugs; Dietary changes such as a low-carb or keto diet; and medical conditions such as diabetes all can affect one’s blood alcohol content.
What you drink/eat
Type: Having two beers versus two shots of tequila may produce wildly different results. The type of alcohol you are drinking will affect your blood alcohol content immensely.
Amount: The more alcohol you drink, the higher your BAC will be. It all depends on the individual, but you can count on your level of intoxication rising with the amount of alcohol you drink.
Mix: mixing alcohol with a carbonated soda may raise your BAC faster than normal. This is due to the carbonation making the alcohol absorb faster.
Foodin your system: If you have food before drinking or while you are drinking, you may have a lower BAC than if you drink on an empty stomach.
It is important to note that everyone’s alcohol metabolism is different, and you should always think twice before driving after drinking. Even if you feel sober, there is a chance you may not be.]]>On Behalf of The Law Office of Mark T. Langston, P.C.https://www.coloradodefender.com/?p=461582022-02-24T13:40:36Z2018-07-24T05:00:00ZDecreasing the life expectancy
The unfortunate reality is that as the epidemic grows, life expectancy drops. This has sadly been the case over the past two years. The misuse of prescription painkillers is said to be the major cause of the growing crisis. After a month of abusing opioids, users no longer get a "high," taking more and more to just feel normal. Many have reported that they started on painkillers.
The number of heroin-related deaths in Colorado tripled from 2011 to 2016. This is not going unnoticed by law enforcement and health agencies. A multiple agency effort is in development as an approach to combat the so-called plague of opioid-related addiction in the state. Though the epidemic is a scary reality, we cannot lose hope that lives can be saved. Treatment providers, policymakers and others are aiming to make a difference.]]>