The DUI crackdown announcement for Labor Day is attached here.

USCIS advises the public to be extra careful to avoid immigration scams. To learn how to identify and report scams, and how to find authorized legal assistance at little or no cost, go touscis.gov/avoidscams or uscis.gov/es/eviteestafas.

Go to uscis.gov/immigrationaction or uscis.gov/accionmigratoria and enter your email address to get updates whenever USCIS posts new content about the executive actions.

If you have questions, in English or Spanish, you can call the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the hearing-impaired: 1-800-767-1833).

To learn more, visit our website: http://www.uscis.gov/news/alerts/uscis-begin-accepting-requests-expanded-daca-feb-18 ]]> http://denverlawshark.com/blog/immigration/expanded-daca-will-begin-february-18-2015/feed/ 0 911 http://denverlawshark.com/blog/denver-legal/lawyers-important-work-trial-even-begins/ http://denverlawshark.com/blog/denver-legal/lawyers-important-work-trial-even-begins/#respond Thu, 08 Jan 2015 19:38:44 +0000 http://denverlawshark.com/?p=907 Continue reading "The lawyer’s most important work is before trial even begins:"]]> From a study done by Judge Hoffman in Denver, over a decade ago, but still important now.  He analysed data provided by State Judicial, and found public defenders generally represented clients who received on average, three to five years more incarceration than those represented by private attorneys.  The study doesn’t stop there, and is worth a thorough reading to examine the issues behind the lower effectiveness rate; however, this paragraph appears and points out the following important ideas:

IV. BAD FACTS, NOT JUST OVERWORKED LAWYERS
In seeking to discover hidden forces that drive case outcomes—that is, in 95%
of the cases, the forces that drive plea bargains—it is sometimes easy to overlook
the obvious. Trials are about truth-finding, and plea bargaining is about lawyers,
defendants and victims making predictions about truth-finding. Bad facts will tend
to get defendants convicted quite apart from the skill of their lawyers, or the lack
of skill of the prosecutors (assuming a minimum level of prosecutorial
competence). Conversely, weak facts, coupled with the high burden of proof, will
tend to result in acquittals, again quite apart from the skill of the lawyers
(assuming a minimum level of defense competence). Thus, in a system that tries
only 5% of all criminal cases, the most important skill for a lawyer on either side is
the ability to evaluate a case before entering into plea negotiations, not the ability
to shine at trial.(cit. om.)

From, An Empirical Study of Public Defender Effectiveness:
Self-Selection by the “Marginally Indigent”*
Morris B. Hoffman,** Paul H. Rubin***
& Joanna M. Shepherd**

Notice, only 5% of cases go to trial.

The remaining cases then are primarily resolved by plea bargain, meaning the effectiveness of pretrial investigation is of paramount importance to those cases.  The conclusion is that the most important skill of an attorney, even a very good trial attorney, is investigation prior to the trial itself.

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives include:

• Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years | Details
• Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks | Details
• Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
• Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
• Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details

The Department of Revenue established two new rules concerning licensing for undocumented drivers in Colorado, and also published materials to help applicants provide the correct information.  The web site is not simple to navigate however.  There are two new sources of information provided here, directly from their web site.

The Department of Revenue established two new rules concerning licensing for undocumented drivers in Colorado, and also published materials to help applicants provide the correct information.  The web site is not simple to navigate however.  There are two new sources of information provided here, directly from their web site.

The first, is the scheduling web site used by DMV for the initial licensing appointment; click HERE.

The second is a flow chart, the left half of which is quite important and explains what is required for the initial appointment for anyone that cannot prove legal presence in the state.

The flow chart is HERE.  The form is in Adobe format, so you will need a free Adobe Reader to access it.

The Department of Revenue requires several forms of identification and proof of presence within the state.

a) documents dated within 90 days, 10-14 months, and 24-28 months from the appointment, to demonstrate continuous residency.

b) these documents can be a utility bill, credit card statement, pay stub or earnings statement, rent receipt, telephone bill, or bank statement, but must contain the name, address, and date of document.

c) documented ITIN number.

d) a translated identification document from the home country, such as a passport, consular identification card, or military I.D.  This must be translated to English, and must contain the full legal name of the applicant, date of birth, date the document was issued, and name of country, along with a full facial photograph.  This document can be expired for as much as ten years.

e) proof of a tax filing for Colorado for the previous year (2013, at this time).

DOCUMENTS

The following documents must be obtained before making an appointment with the Department of Motor Vehicles (DMV) and pertain to those individuals who are unable to demonstrate a lawful presence in the U.S.

ITIN NUMBERS – All applicants must have an Individual Taxpayer Identification Number (ITIN) in order to apply for a driver’s license or identification card with the DMV
Persons who do not already have an ITIN number may apply for one by visiting: http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN) and can download and fill out FORM W-7. Please note it will take four (4) to six (6) weeks to receive your ITIN number after you apply

TAX RETURNS – If you have filed taxes in the past you must provide the DMV with Proof of Tax Return Filing for the immediately preceding year. You may apply for a Proof of Tax Return Filing by visiting http://www.colorado.gov/cms/forms/dor-tax/dr5714.pdf and filing out form DR-5714. You will not need to complete this step if you have never filed taxes in the state of Colorado

EVIDENCE OF RESIDENCY – Whether or not you have filed taxes in Colorado you must provide the DMV with documents that prove you are a resident of Colorado.

Acceptable documents include, but are not limited to, mortgage statements, rental agreements, phone bills, public service bills, cable bills, and bank statements.

*If you have not filed taxes in the state of Colorado you must provide the DMV with three separate documents.
1. A document dated between now and three (3) months ago
2. A document dated between ten (10) and fourteen (14) months ago
3. A document dated between twenty four (24) and twenty eight (28) months ago
These documents can be from the same source or from different sources. However, each document must list your name and a Colorado address.

COUNTRY OF ORIGIN DOCUMENTATION
You must present to the DMV one of the following documents from your country of origin (all documents must be translated to English by a state registered translator)
• Passport
• Consular ID card
• Military Identification

*You will need to provide additional documentation if the document provided to the DMV does not prove your NAME (full legal name), AGE (date of birth), and IDENTITY (photograph).

AFFIDAVIT
During your appointment with the DMV you will fill out and sign an affidavit that states that you are a current resident of Colorado and that you have applied (or will apply as soon as you are eligible) for lawful presence within the U.S. This affidavit will be provided to you by the DMV at your appointment and does not need to be filled out beforehand.

COLORADO ROAD AND COMMUNITY SAFETY ACT

DOCUMENTS

The following documents must be obtained before making an appointment with the Department of Motor Vehicles (DMV) and pertain to those individuals who are able to demonstrate a lawful presence in the U.S.

PROOF OF TEMPORARY LAWFUL PRESENCE – One or more of the following documents must be presented to the DMV to prove temporary lawful presence in the U.S.:

• Employment Authorization Document (EAD)
• Passport/U.S. Visa/I-94

*These documents will be verified through the Systematic Alien Verification for Entitlements system

PROOF OF NAME, AGE, AND IDENTITY – One or more of the following documents must be presented to the DMV that prove your Name (Full Legal Name), Age (date of birth), and Identity (photograph)

Passport
Consular Identification Card
Military Identification Document

*All documents must be translated to English by a state registered translator

COLORADO ROAD AND COMMUNITY SAFETY ACT

APPOINTMENTS – You must schedule an appointment with the Department of Motor Vehicles (DMV) in order to apply for a state driver’s license, state driving permit, or state identification card.

Appointments may be scheduled by visiting: https://www.colorado.gov/apps/jboss/dor/online/appointment/scheduling/select-service.xhtml
And clicking the ORANGE button on the bottom left hand side
or
By calling (303) 205-2335

In general, appointments are being scheduled ninety (90) days out.

About one hundred twenty (120) new appointments open up every business day. It is recommended that you call the number above or visit the website everyday to check the availability of new appointments

APPOINTMENT LOCATIONS – The following locations are where appointments are being scheduled. Certain locations may have more appointments available. If you are willing to travel, it is suggested that you check the appointment availability at multiple locations.

 1865 W. Mississippi Ave. #C, Denver 80223
 14391 E. 4th Ave. Aurora 80111
 2446 N. Union Blvd. Colorado Springs 80909
 3030 S. College, Ste. 100, Fort Collins 80525
 222 S. 6th St. #111, Grand Junction 81501

APPOINTMENT REQUIREMENTS FOR DRIVERS 18 AND OVER
Provide required documentation to demonstrate full legal name, date of birth, identity, residence, and temporary lawful presence (if applicable)
Pass a written test
Pass a vision test
Pass a driving test

It is the goal of the DMV for individuals to walk away from their appointments with their temporary driving license. The DMV will review your documents and will issue the written, vision and driving test during the same appointment.

Once you have passed the written and vision test you will be issued a driving permit. Once you have a driving permit you will be able to take the driving test. If you pass the driving test you will be issued you temporary driving license. Your driver’s license identification card will then be mailed to you.

*If there is a problem with any of your documents you will be sent home. The DMV will then contact you at a later date with further instructions.
**If you fail the written, vision or driving test you will be required to make a new appointment with the DMV.

Welcome

Candid and timely communication between you and your lawyer is essential for effective representation and can be crucial to the successful outcome of your legal matter. This information is designed to help you better understand the process of working with a lawyer so you can best work together to understand and resolve your legal issues. Effective communication between you and your lawyer will give you a strong voice in the legal system.

The First Meeting

The best way to have a successful first meeting with your lawyer is to be prepared. Before your initial appointment, gather and organize all documents and materials that may pertain to the matter and bring them with you, whether or not you think they may be “important.” This simple step can save you time and money and will help your lawyer better understand your situation, including the possible strengths and weaknesses of your matter.

Be prepared to discuss with your lawyer what you wish to accomplish so that your lawyer can assess the chances of successfully accomplishing your goals.

Be prepared to answer detailed questions about your legal matter. Accurate details and truthful answers, even if you believe the information may hurt your case or could be embarrassing, will ensure that your lawyer can give you the most effective assistance. Surprises can strain the lawyer-client relationship and harm your case.

With only a few exceptions, your lawyer has an ethical obligation not to disclose information you discuss. That means that, except in extreme circumstances, your lawyer will not talk about your matter with anyone else without your permission. If you know that your lawyer will need to discuss your matter with others, give your lawyer permission to do so.

You also will want to make sure you leave your first lawyer-client meeting with answers to important questions. The list below is a helpful start.

Questions You May Want to Ask Your Lawyer:

1. What is your experience in this area of practice?
2. How many cases like mine have you handled?
3. Who else will be working on my case and how will you assign tasks?
4. What are your rates and how will the billing be handled?
5. What is the estimated total expense for costs and fees in my case?
6. How can we keep the costs and fees down?
7. What are my alternatives for resolving this matter?
8. How will you keep me informed of developments, and how often will I hear from you?
9. Who else in your office can I contact about my case?
10. What documentation do you need from me?
11. About how long will it take to resolve my case?

Client Rights and Responsibilities

YOUR RIGHTS

You should expect your lawyer to:

• Represent you diligently.
• Be capable of handling your case. You are encouraged to ask about the lawyer’s education, training, and experience before hiring him or her. The lawyer will inform you periodically about the status of your case and will give you copies, if you request, of legal documents prepared on your behalf.
• Charge you a reasonable fee and tell you in writing the basis for that fee.
• Provide you with a copy of your written fee agreement, and in that fee agreement set forth the amount of the fee(s) agreed to, an explanation of costs and expenses that will be your responsibility, and an explanation of how the costs and fee(s) incurred are expected to be paid by you.
• Provide an estimate of the total costs of the representation as well as the scope of the representation, or explain to you why estimating the total costs of the representation will be merely a guess, at best.
• Tell you whether you will need to pay any costs or fees if you lose your case.
• Keep confidential almost all statements and information that you reveal in the course of your relationship. Rare exceptions include subjects such as intent to commit a crime. The underlying facts of a matter and documents, however, do not become privileged just because you discuss them with your lawyer. It is the advice and communication between you and your lawyer that is confidential.
• Give you the right to make the ultimate decisions on the legitimate objectives to be pursued in your case, including deciding whether to settle your case.
• Show you courtesy and respect.
• Exercise independent professional judgment on your behalf, free from outside influence.
• Keep you informed about the status of your legal matter, responding promptly to your reasonable requests for information.
• Provide you with a complete copy of your file if it has not been provided to you during representation or if the lawyer should need to end the representation.

YOUR RESPONSIBILITIES

Your lawyer will expect you to:

• Provide a truthful and candid recitation of the facts surrounding your case and provide all materials and documents that may pertain to your case. A lawyer can only effectively help a client when there has been full disclosure. Promptly notify the lawyer of changed circumstances.
• Promptly respond to your lawyer’s requests for information.
• Understand that your lawyer has other clients and that other clients are equally deserving of the lawyer’s time and efforts.
• Set appointments in advance rather than show up at the office and expect to be seen.
• Be on time for all meetings and legal proceedings.
• Treat the lawyer and the law office staff with courtesy and respect.
• Communicate in a timely manner with the lawyer if you are unhappy regarding the representation and explain the reasons why you are unhappy.
• Refrain from asking the lawyer to engage in behavior that is inappropriate, unethical, unprofessional, or illegal.
• Pay the agreed-upon lawyer’s fee in a prompt manner. If unforeseen circumstances arise concerning payment, inform the lawyer of the reasons for nonpayment. If you question any billing entries, you should let the lawyer know immediately.
• Notify your lawyer right away if you change your address, phone number, or other contact information.

Legal Fees and Costs

When you are talking about legal services, you need to understand the difference between “fees” and “costs.”

Legal Fees refer only to the money you pay to the lawyer for the time spent by members of the legal team working on your case.

Costs/Expenses are the other charges involved in the handling of your legal matter that you will be required to pay to your lawyer in addition to legal fees. Your lawyer must give you, in writing, an explanation of the costs/expenses that you may incur. This written explanation may include other information, such as how you will be billed.

Fees

There are a variety of ways a lawyer charges for professional legal services. Frequently a lawyer will ask you to pay before the work is done. Sometimes the lawyer considers this payment to have already been earned when you pay it. Sometimes the lawyer will hold the money in a special bank account (“trust account”) until the lawyer performs the work. The lawyer must tell you whether he or she considers the money to have been earned on receipt. The ways a lawyer charges for services include:

Hourly Rate

• The lawyer charges a set amount per hour for the time spent working on the legal issue.
• Most lawyers round off their work to the nearest tenth or quarter of an hour.
• Members of the legal team who have less training and experience than your lawyer will generally bill at a lower hourly rate.
• Your lawyer should tell you everyone who is likely to work on your legal matter and their hourly rate.

Contingency Fee

The lawyer agrees to take a specific percentage of the money you receive if you win the case or settle the matter out of court.

• If the lawyer does not collect any money, the client may not have to pay the lawyer for the time spent working on the case. You may, however, still be responsible for paying all costs and expenses incurred during your case.
• This type of fee is often used in personal-injury cases or other cases when you are suing to collect money from the person or entity responsible for injury or damage.
• Contingency fees cannot be charged in criminal cases, child custody matters, or dissolutions.

Flat Fee

The lawyer charges a set amount to complete the legal assignment no matter how long it actually takes to do the job.

• This type of fee often is for routine legal matters such as preparing a simple will or filing a bankruptcy. When you agree to pay a flat fee, be sure you know what it does and does not include and if there could be additional charges.

Retainer Fee

A retainer can be used to guarantee that a lawyer will be available to take a particular case and could mean the lawyer would have to turn down other cases in order to remain available. A retainer fee can also mean that the lawyer is available to handle your legal issues over a specified period of time. Lawyers are unlikely to charge true “retainer fees” in most cases, but often require the payment of “advanced fees” to be held in a special trust account and billed against as they perform work while representing you.

Limited-Scope Representation

The lawyer and the client agree that the lawyer will perform a specific and discrete task. Customarily, these representations require a much smaller upfront fee, as the lawyer may not be required to appear formally on behalf of the client or may do so only on a limited basis.

Who’s Who in a Law Office

Lawyers depend on a number of legal professionals to assist with handling your legal matter. That team could include:

• Paralegals
• Secretaries
• Nurse consultants
• Receptionists
• Legal clerks
• Other lawyers
• Office managers
• Messengers

Like your lawyer, these people are required to keep information about your legal matter confidential.

Check with your lawyer to determine whom you should contact for information about the status of your legal matter.Remember that only a lawyer is ethically permitted to give you legal advice.

Your lawyer is still ultimately responsible for every aspect of your legal matter and must supervise the work of other team members.

Costs

Costs vary considerably from case to case, depending on the nature of your legal matter. They could include items such as filing or recording fees, mailing and copying costs, fax and long distance charges, fees necessary to hire outside consultants or experts, jury and witness fees, travel, electronic legal research charges, and couriers.

• The client, not the lawyer, is typically responsible for paying most costs.
• The lawyer may advance costs for the client but usually expects the client to pay the lawyer back for those costs.
• Your lawyer should be able to give you a reasonable estimate of the type and amount of costs that will likely be incurred in the handling of your legal matter.
• Request that your lawyer contact you with an explanation if there are any major changes in his or her estimate of the costs or time to be spent handling your matter.
• Your lawyer should also talk with you before making major expenditures, such as for an expert witness or outside consultant.
• Let your lawyer know that you want to be kept informed about costs as they accrue.
• Ask your lawyer to explain options you might have for holding costs down as much as possible.

There may be other types of fee agreements or variations of the ones described here. Ask your lawyer to explain your fee agreement to make sure you understand how it works.

Ways to Reduce Costs and Fees:

Gather information before meeting your lawyer.

• Write down names, addresses, and telephone numbers of all the people involved in the matter.
• Be organized. Bring letters, documents, and papers that may pertain to your matter to your first meeting.
• Write down questions you want your lawyer to answer. (The “Questions You May Want to Ask Your Lawyer” appearing in this brochure will be helpful.)
• Keep your lawyer informed, but don’t make unnecessary calls about minor details. If you are being charged an hourly rate, you are most likely being charged for your call.
• Be on time for appointments and court proceedings.
• Ask if you can reduce costs by obtaining documents, contacting witnesses, or providing other assistance.
• Keep track of all papers sent to you by your lawyer, including monthly billing statements and receipts for cash payments.
• Keep copies of any of your communications with your lawyer or others about the case.

Reposted from the Arizona Bar article, located here.

DACA Renewal Eligibility:

You may request a renewal if you met the initial DACA guidelines and received DACA, and you:

• Did NOT depart the United States on or after Aug. 15, 2012, without advance parole;
• Have CONTINUOUSLY resided in the United States since you submitted your most recent DACA request that was approved; and
• Have NOT been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

You should submit your renewal request about 150 days (five months) before your deferred action will expire, and not less than four months beforehand; or you risk delay, and losing DACA status while the application is pending. If you submit your request more than 150 days (5 months) before your current period expires, USCIS may reject it and return it to you with instructions to resubmit it closer to the expiration date. This means you should submit your deferred action application before the 120 day ‘soft’ deadline, to avoid the crush of applications that will be coming in late 2014.

How to Renew DACA:

• Complete and sign:
o Form I-821D, Consideration of Deferred Action for Childhood Arrivals
o Form I-765, Application for Employment Authorization
o Form I-765W Worksheet
• Follow the instructions on all three forms to submit them to USCIS. There are two fees to be paid directly to USCIS:
o a $380 filing fee for Form I-765 and
o an $85 biometric services (fingerprints and photo) fee,
o the total fee is $465.

Additional Documents to Renew DACA:

Do not submit any additional documents at the time you request renewal unless:
• You have new documents involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request.
USCIS may request additional documents or statements to verify information provided in support of requests for renewal of DACA, and they may contact other government agencies, education institutions, employers, or other entities in order to verify information.

Licensing for undocumented individuals in Colorado after 8/1/2014

Highlights: After August 1, 2014, you no longer need to prove legal residency as an immigrant in this state to obtain a driver’s license.  This new law:

• Authorizes the Department of Revenue to issue an identification document to an individual who is an undocumented immigrant in the United States if certain requirements including, but not limited to, the following are met (Sec. 4):
  • The individual qualifies for the identification document; meaning they are not suspended or revoked, not otherwise ineligible for the license for reasons like age or inability to drive due to physical or mental condition;
  • The individual provides a passport, a consular identification card, or a military identification document from the individual’s country of origin;
  • The individual signs an affidavit confirming residency; and
  • The individual presents proof of Colorado resident income tax return filing for the preceding year.

• Defines “identification document” as a either a driver’s license, minor driver’s license, instruction permit, or identification card issued by the Department of Revenue.

• Authorizes the Department of Revenue to issue an identification document to an individual who is “temporarily present” in the United States if the following requirements are met.
  • The individual provides documents to the Department of Revenue to demonstrate lawful presence in the United States; this applies to those who have temporary legal authorization to remain in the United States, such as those receiving Deferred Action (Dreamers) or temporary protected status, and
  • The individual’s status is confirmed by the federal government.

• Prohibits an individual from using an identification document for federal identification, voting, or public benefit purposes.

• Requires the identification document issued under this bill to be “distinguishable” from other identification documents and expire 3 years after issuance (Sec. 4).  This means the new limited license issued by the state will come as a separate card from the regular Colorado driver’s license.

• Prohibits a peace officer from arresting an individual merely for possessing an identification document issued under this bill (Sec. 4).
• You must still provide proof of insurance, and must pay Colorado state taxes under your Colorado tax identification number each year to remain eligible.  If you are currently under suspension or revocation, you should consult with an attorney regarding the potential benefit of re-opening that litigation to attempt to qualify for this new license.