Black, Blink, & Associates LLC Black, Blink, & Associates LLC 2026-08-14T13:48:21Z https://www.blackandblinklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504173/2025/01/cropped-BBicon-32x32.png On Behalf of Black, Blink, & Associates LLC <![CDATA[Understanding Colorado felony classes and penalties]]> https://www.blackandblinklaw.com/?p=48184 2026-08-12T15:42:07Z 2026-08-12T15:41:18Z The severity of felony charges in Colorado depends on their classification. State law divides felonies into six classes. The classification assigned to charges determines prison time, parole requirements and fines.

How Colorado structures felony classifications

Colorado uses a numbered system. Class 1 covers the most serious crimes. Class 6 covers the least serious ones. Here is what each class means:
  • Class 1: Life in prison without parole. Includes first-degree murder and treason
  • Class 2: 8 to 24 years in prison. Includes second-degree murder
  • Class 3: 4 to 12 years in prison. Includes aggravated robbery
  • Class 4: 2 to 6 years in prison. Includes certain drug offenses and vehicular homicide
  • Class 5: 1 to 3 years in prison. Includes forgery and higher-value theft
  • Class 6: 1 to 18 months in prison. Represents the lowest-level felonies
Most sentences come with a required parole period. A conviction can also limit your right to own firearms. Fines reach up to $1 million for Class 1 crimes and decrease with each lower class.

When a felony is an extraordinary risk crime

Some felonies carry the label "extraordinary risk crimes.” These crimes carry higher max sentences than the standard ranges above. Certain assault and sexual offense charges fall into this group.

Why pre-file representation matters

Pre-file representation means hiring legal counsel before prosecutors file charges. At this stage, an attorney can review evidence and speak with investigators. In some cases, they may work to stop the state from filing charges at all. Acting early gives your defense a stronger start.

Facing felony charges in Colorado

Colorado felony penalties vary dramatically based on classification. Most people wait until charges are filed before taking action. By that point, important opportunities have already passed. Understanding the potential consequences early can put you in a better position to respond.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[I Slipped on Snow or Ice. Do I Still Have a Slip and Fall Case? ]]> https://www.blackandblinklaw.com/?p=48175 2026-08-05T14:49:59Z 2026-08-05T14:49:59Z By: Adam Smestad, Black Blink & Associates, 719-328-1616  One of the most common personal injury cases in Colorado in the winter is, no surprise, slips and falls on ice.   You may be wondering – does that amount to a viable personal injury case?  The answer is: Maybe.  Many people believe that property owners are never responsible for injuries caused by snow or ice because Colorado has harsh winters.  That simply isn't true.  Like most legal questions, the answer depends on the facts. 

What Is the Natural Accumulation Doctrine?

Colorado recognizes what is commonly referred to as the natural accumulation doctrine.  In simple terms, the doctrine recognizes that snow and ice naturally accumulate during Colorado winters, and property owners are not automatically responsible every time someone slips.  The law does not require every sidewalk, parking lot, or entryway to be perfectly clear every minute of every day while it is snowing.  But that does not mean property owners are immune from liability. 

Property Owners Still Have Responsibilities

Colorado premises liability cases are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115.  Under that law, landowners may be responsible for injuries caused by dangerous conditions on their property when they knew or should have known about the condition and failed to exercise reasonable care under the circumstances.  In short, if the snow or ice that caused your fall was only present at that location because of some defect on the property, the landowner may be liable.   The Colorado Supreme Court has explained that the Premises Liability Act establishes the exclusive framework for determining a landowner's liability for injuries occurring on real property. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004).  In other words, simply because snow or ice formed naturally does not automatically end the analysis. 

When Can a Property Owner Be Liable?

Every case is different, but courts often look at questions such as: 
  • Had the snow or ice been present long enough that it should have been addressed? 
  • Did the property owner have notice of the dangerous condition? 
  • Was the area regularly used by customers or visitors? 
  • Had the owner made the condition worse through poor maintenance or drainage? 
  • Were reasonable snow and ice removal efforts undertaken? 
Sometimes the dangerous condition isn't the snowfall itself.  It may be melting snow that repeatedly refreezes because of a broken gutter.  It may be an improperly sloped sidewalk that allows ice to accumulate.  Or it may be a business that simply ignored an icy entrance despite knowing customers would be walking through it all day.  Those facts can make a significant difference. 

Don't Assume the Insurance Company Is Right

After a winter slip and fall, insurance companies often argue that the hazard was simply a "natural accumulation" of snow or ice.  Sometimes that argument is valid.  Sometimes it isn't.  Determining whether a property owner acted reasonably requires looking at the entire situation—not just the weather.  Attorneys will often examine photographs of the scene, maintenance records, surveillance videos, witness statements, sometimes even weather reports.  All of these pieces of evidence can become important. 

Time Matters

If you've been injured in a slip and fall, don't wait to investigate your claim.  Defects are corrected. Snow melts, ice disappears, security videos get wiped and reused, witnesses forget.   The sooner an attorney can begin preserving evidence, the better your chances of accurately determining what happened and whether the property owner may be legally responsible. 

The Bottom Line

Just because your fall involved snow or ice does not automatically mean you don't have a case.  Colorado law does not require property owners to prevent every accident, but it does require them to act reasonably under the circumstances.  Every slip-and-fall case is different.  Before assuming your injuries are simply "part of living in Colorado," it is worth speaking with an experienced personal injury attorney who can evaluate the facts, preserve evidence, and explain your legal rights.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-328-1616 now for a free consultation.   Sources 
  • Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) (holding that the Colorado Premises Liability Act provides the exclusive remedy against landowners for injuries occurring on their property). 
]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[I Was Hurt at Work. Do I Have a Workers’ Compensation Claim or a Personal Injury Case?]]> https://www.blackandblinklaw.com/?p=48171 2026-07-21T12:35:45Z 2026-07-21T12:35:45Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"]  When you get hurt at work, one of the most common questions is: Do I have a workers’ compensation claim or a personal injury claim?  Depending on how the accident happened and who caused it, you may have a workers' compensation claim, a third-party personal injury claim, or—in some cases—both.  Understanding the difference can have a significant impact on the compensation you may be entitled to receive. 

What Is a Workers' Compensation Claim?

Workers' compensation is designed to provide benefits to employees who are injured on the job, regardless of who was at fault.  In exchange for those guaranteed benefits, Colorado law generally prevents an injured employee from suing his or her employer for negligence. This is known as the exclusive remedy rule. See C.R.S. §§ 8-41-102 and 8-41-104.  Workers' compensation benefits are different than personal injury claims. Workers’ compensation benefits may include: 
  • Medical treatment; 
  • Partial wage replacement while you're unable to work; 
  • Permanent impairment benefits, if applicable; and 
  • Vocational rehabilitation in certain circumstances. 
Unlike a personal injury lawsuit, workers' compensation generally does not compensate you for pain and suffering, emotional distress, or loss of enjoyment of life. 

What Is a Third-Party Personal Injury Claim?

A third-party claim, or more commonly known as a personal injury claim, arises when a third party - someone other than your employer or a co-employee - caused your injury, whether at work or elsewhere.  Common examples include: 
  • A distracted driver hitting you while you are driving for work; 
  • A negligent subcontractor on a construction site; 
  • A defective product or piece of equipment; 
  • A negligent property owner; 
  • An outside vendor or contractor. 
In those situations, you may be able to file a negligence lawsuit against the responsible third party while also pursuing workers' compensation benefits.  Colorado law recognizes negligence claims against third parties whose conduct causes injury. See C.R.S. § 13-21-111. 

Why Does the Difference Matter?

The difference can be substantial.  A workers' compensation claim provides important benefits, but those benefits are limited by statute.  Personal injury claims, however, allow for much broader damages to recover. In addition to those items included in a workers’ compensation claim, a third-party personal injury claim may allow you to recover for: 
  • Pain and suffering; 
  • Emotional distress; 
  • Loss of enjoyment of life; 
  • Full lost wages and earning capacity, where appropriate; and 
  • Other damages permitted under Colorado law. 
Depending on the facts, a third-party claim may result in significantly greater compensation than workers' compensation benefits alone. 

Can I Have Both a Workers’ Compensation AND personal injury case?

Yes.  Many injured workers have both a workers' compensation claim and a third-party negligence claim arising from the same accident.  For example, imagine you are driving for work when another driver runs a red light and causes a crash.  Your workers' compensation insurance may pay your medical bills and wage-loss benefits.  At the same time, you may also have a negligence claim against the at-fault driver.  If both claims exist, Colorado law provides that the workers' compensation carrier may have a right to reimbursement (known as subrogation) from portions of any third-party recovery. See C.R.S. § 8-41-203.  Properly coordinating these claims is critical to maximizing your recovery. 

Don't Assume You Only Have One Claim

One of the biggest mistakes I see is someone accepting that they "just have workers' comp" without asking whether another person or company may have contributed to the accident.  Construction accidents.  Commercial vehicle crashes.  Delivery driver collisions.  Defective machinery.  Unsafe job sites.  These situations frequently involve multiple parties and multiple insurance policies.  An experienced personal injury attorney can investigate the accident, identify every potentially responsible party, and determine whether additional compensation may be available. 

The Bottom Line

Just because you were injured at work does not automatically mean your only remedy is workers' compensation.  Many workplace accidents involve negligent third parties, opening the door to a separate personal injury claim that may provide compensation unavailable through workers' compensation alone.  If you've been injured on the job, don't assume you know what type of case you have.  A consultation with an experienced attorney can help you understand your rights, identify every available source of recovery, and ensure you don't leave compensation on the table.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call B[nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  Sources 
  • C.R.S. § 8-41-102 – Workers' Compensation Act as the exclusive remedy against complying employers. 
  • C.R.S. § 8-41-203 – Subrogation rights when a third party is responsible for a workplace injury. 
  • Miller v. Byrne, 916 P.2d 566 (Colo. App. 1995) (discussing an employer's workers' compensation subrogation rights following a third-party recovery). 
]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[How Long Do I Have to File a Car Accident Lawsuit in Colorado?]]> https://www.blackandblinklaw.com/?p=48144 2026-07-06T12:56:41Z 2026-07-06T12:56:41Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"] One of the most common questions I hear after a car accident is:  "How long do I have to file a lawsuit?"  The short answer is that most Colorado car accident injury claims must be filed within three years of the date of the accident. That deadline is established by C.R.S. § 13-80-101(1)(n).  But there are important exceptions.  More importantly, waiting until the deadline is almost never a good idea. 

The General Rule: Three Years

If you were injured because another driver's negligence caused a motor vehicle accident, Colorado law generally gives you three years from the date of the accident to file a lawsuit. C.R.S. § 13-80-101(1)(n).  If you miss that deadline, the court will very likely dismiss your claim, regardless of how serious your injuries are. And courts generally will not consider lack of knowledge of the statute of limitations as a defense to missing this deadline.   Statutes of limitation exist to promote fairness by requiring claims to be brought while evidence is still available and ensuring that potential defendants are not waiting indefinitely to determine if they will have to defend against a lawsuit. Colorado appellate courts have repeatedly recognized that these statutes are intended to prevent stale claims and encourage timely litigation. Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996). 

Why You Shouldn't Wait

Although you may have three years to file a lawsuit, you should not wait until that deadline is approaching to begin protecting your claim.  It is important to remember: 
  • Evidence begins disappearing almost immediately. 
  • Surveillance video is routinely overwritten. 
  • Witnesses move away or forget important details. 
  • Vehicles are repaired, sold, or destroyed. 
  • Electronic crash data can be lost. 
  • Your medical treatment timeline is vital to telling the story of the accident and the injuries. 
Once an insurance company learns about an accident which may result in a claim, they immediately get to work defending the case – meaning, they immediately put their team of adjusters and attorneys to work trying to reduce any payout to the injured party.   It is important that you also have someone working in your corner to protect your rights while the insurance company is working to protect theirs.   Especially when it comes to managing medical treatment. Insurance companies frequently argue that delays in treatment or significant gaps in care mean your injuries were not serious—or were caused by something other than the accident.  The sooner an attorney becomes involved, the sooner evidence can be preserved, witnesses interviewed, insurance companies notified, and your claim properly documented. 

What If the Injured Person Is Under 18?

Claims involving children are more complicated than many people realize.  Colorado law recognizes that minors generally cannot bring lawsuits on their own. For that reason, C.R.S. §§ 13-81-101 through 13-81-103 provide tolling protections for many persons under a legal disability, including minors.  However, this does not mean every claim involving a child automatically waits until the child turns eighteen.  Whether a statute of limitations is tolled depends on several factors, including whether the minor has a legal representative authorized to pursue the claim. Colorado appellate courts have discussed this interaction between the disability statutes and statutes of limitation in cases such as Southard v. Miles, 714 P.2d 891 (Colo. 1986).  Because these rules are fact-specific, parents should never assume they have years to decide what to do.  If your child has been injured, it is best to speak with an attorney as soon as possible. 

What If the Government Is Involved?

Claims against government entities follow entirely different rules.  If your accident involved a city, county, state agency, school district, or another public entity, the Colorado Governmental Immunity Act (CGIA) may apply.  In most cases, the law requires written notice of the claim within 182 days after discovering the injury. C.R.S. § 24-10-109.  Failing to provide timely notice can bar an otherwise valid claim.  Colorado appellate courts have consistently held that compliance with the CGIA's notice requirements is mandatory. See, for example, City & County of Denver v. Crandall, 161 P.3d 627 (Colo. 2007).  If there is any possibility that a government employee or vehicle was involved in your accident, you should consult an attorney immediately. 

What Is a Statute of Repose?

Some personal injury claims are also governed by a statute of repose, which is different from a statute of limitations.  A statute of repose places an absolute deadline on certain claims regardless of when the injury is discovered.  Although statutes of repose rarely affect ordinary motor vehicle accident cases, they can arise in other negligence actions, such as claims involving defective improvements to real property. C.R.S. § 13-80-104.  The Colorado Supreme Court has explained that statutes of repose are intended to provide finality by extinguishing potential liability after a legislatively determined period of time. See Yarbro v. Hilton Hotels Corp., 655 P.2d 822 (Colo. 1982). 

Are There Other Exceptions?

Yes.  Depending on the circumstances, different deadlines or legal rules may apply to: 
  • uninsured or underinsured motorist (UM/UIM) claims; 
  • wrongful death claims; 
  • claims involving multiple defendants; 
  • accidents occurring outside Colorado; 
  • persons under other legal disabilities; 
  • bankruptcy proceedings affecting one of the parties; and 
  • claims created by specific statutes. 
These situations are uncommon, but they illustrate why every case deserves an individualized legal analysis. 

The Bottom Line

The statute of limitations is the last day you can file a lawsuit—not the day you should start looking for an attorney.  The strongest personal injury cases are built early when your attorney can preserve evidence, make sure medical treatment is properly documented and interview witnesses while memories are fresh.  When your case is properly managed by a competent, trustworthy attorney, insurance companies are less likely to take advantage of missing evidence or unnecessary gaps in treatment.  If you have been injured in a Colorado car accident, don't wait until you're approaching the deadline.  Meeting with an experienced personal injury attorney soon after the crash can help protect your rights, preserve valuable evidence, and put you in the best position to recover the compensation Colorado law allows.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  

Authorities

Statutes 
  • C.R.S. § 13-80-101(1)(n) – Three-year statute of limitations for actions arising out of the use or operation of a motor vehicle. 
  • C.R.S. § 24-10-109 – Notice requirements under the Colorado Governmental Immunity Act. 
  • C.R.S. § 13-80-104 – Statute of repose for claims involving improvements to real property. 
Colorado Appellate Decisions  ]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[Can My Employer Fire Me for Filing a Lawsuit After a Workplace Injury?]]> https://www.blackandblinklaw.com/?p=48145 2026-07-06T15:24:17Z 2026-07-03T15:17:48Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"] One of the first questions injured workers often ask is:  "If I sue my employer, won't I lose my job?"  It's a fair question.  No one wants to choose between protecting their health and protecting their livelihood.  Fortunately, the law provides important protections, and in many situations, your employer cannot lawfully retaliate against you simply because you exercised your legal rights after a workplace injury. 

Not Every Workplace Injury Is a Workers' Compensation Case

Many people assume that every workplace injury is handled through workers' compensation.  That isn't always true.  Some workers—such as independent contractors or workers who are misclassified as independent contractors—may have the right to bring a negligence lawsuit against the person or company responsible for their injuries.  If that applies to your situation, you have the same right as anyone else to pursue compensation for injuries caused by another person's negligence.  Colorado law recognizes negligence claims and the right of injured people to recover damages caused by another's failure to exercise reasonable care. See C.R.S. § 13-21-111. 

Exercising Your Legal Rights Should Not Cost You Your Job

Many injured workers worry that filing a lawsuit will automatically result in termination or other retaliation.   The reality is far more nuanced, but still not too complicated.  Colorado is generally an "at-will" employment state, meaning employers and employees may end the employment relationship for almost any lawful reason.  However, Colorado also recognizes an important exception: an employer generally may not terminate or retaliate against a worker for reasons that violate a well-established public policy.  The Colorado Supreme Court recognized this public-policy exception in Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992), holding that an employer may be liable when it terminates an employee for exercising rights protected by public policy.  Colorado appellate courts have also recognized wrongful-discharge claims when employees were terminated for exercising important legal rights or refusing to violate the law. See, for example, Rocky Mountain Hospital & Medical Service v. Mariani, 916 P.2d 519 (Colo. 1996) and Herrera v. San Luis Central Railroad Co., 997 P.2d 1238 (Colo. App. 1999). 

Every Situation Is Different

It is important to note, however, that every adverse employment action is illegal, and determining whether retaliation occurred depends on the specific facts.  Questions may include: 
  • Are you legally an employee or an independent contractor? 
  • Why did the employer take the action? 
  • When did it happen? 
  • Is there evidence connecting the lawsuit to the employer's decision? 
These are often complicated legal questions that deserve careful evaluation. 

Don't Let Fear Keep You From Protecting Your Rights

One of the saddest situations I see is someone who delays seeking medical care or speaking with an attorney because they are afraid of upsetting their employer.  Unfortunately, waiting can seriously damage an otherwise strong case.  Evidence disappears.  Witnesses leave.  Medical records become harder to connect to the injury.  Insurance companies often point to delays in treatment or gaps in care as evidence that an injury wasn't serious.  The earlier an attorney becomes involved, the sooner important evidence can be preserved and your legal rights protected. 

The Bottom Line

If you have the legal right to bring a negligence claim against your employer, you should not let fear of retaliation stop you from learning your options.  Every situation is different, but Colorado law recognizes that workers should not be forced to choose between earning a living and exercising important legal rights.  Speaking with an experienced personal injury attorney does not mean you're committed to filing a lawsuit.  It simply allows you to understand your rights before making an informed decision.  That conversation is often the best first step toward protecting both your health and your future.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.   Sources 
  • C.R.S. § 13-21-111 – Comparative negligence and recovery for injuries caused by another's negligence. 
]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[Colorado Criminal Charges & Deportation Defense]]> https://www.blackandblinklaw.com/?p=48137 2026-07-10T08:59:15Z 2026-06-24T15:16:20Z A. General Impact & Status
  1. Can a criminal charge affect my immigration status? Yes. If an immigrant is charged with a crime, they should contact a criminal defense attorney immediately. An arrest can complicate a person’s status in the U.S., affect future immigration applications, and even lead to deportation.
  2. Can a green card holder (lawful permanent resident) be deported? Yes. Green card holders can be placed in removal proceedings if convicted of specific crimes, such as aggravated felonies or crimes of moral turpitude.
  3. Does DACA or a work visa offer protection from deportation? No. Nonimmigrant visas, DACA, and Temporary Protected Status (TPS) can be revoked or terminated if you are charged with or convicted of certain crimes.
  4. What is a crime of moral turpitude? A crime of moral turpitude generally involves fraud, an intent to cause harm, or conduct that shocks the conscience of a reasonable person. These crimes violate accepted standards of morality and are often associated with malicious, reckless, or dishonest behavior. A conviction for a crime of moral turpitude can lead to deportation or make an immigrant inadmissible to the U.S.
  5. What is an "aggravated felony" under U.S. immigration law? Despite the name, this is an immigration category that includes many offenses (like theft, fraud, violent crimes, or drug trafficking) that carry mandatory deportation consequences. These offenses don’t need to be classified as felonies or considered “aggravated” in the state where the crime was committed, but are listed under crimes defined by the Immigration and Nationality Act (INA) Section 101(a)(43). These include offenses such as:
    • (A) Murder, rape, or sexual abuse of a minor.
    • (B) Illicit trafficking in controlled substances.
    • (C) & (E) Firearms offenses, explosive materials, and destructive devices.
    • (D) Money laundering or tax evasion where the loss to the government/victim exceeds $10,000.
    • (F) Crimes of violence for which the term of imprisonment is at least one year.
    • (G) & (M) Theft, burglary, or fraud and deceit crimes where the loss exceeds $10,000.
    • (N) & (O) Alien smuggling or related offenses. Excluding a first-time offense for an immediate family member.
  6. Can a misdemeanor lead to deportation? Yes. Although many misdemeanors do not lead to deportation, offenses involving drugs, domestic violence, or firearms can trigger removal proceedings.
  7. Will a deferred sentence protect my status in the US? Not necessarily. For immigration purposes, a deferred sentence may still be treated as an admission of the offense during the deferral period. It is important to work with an attorney who understands how to negotiate a plea agreement that protects an immigrant’s status in the United States.
  8. Can a dismissed or expunged case still affect my immigration status? Yes. Even if a case is expunged, sealed, or dismissed, the government may still be able to see it and consider it when reviewing an immigrant’s citizenship or immigration status.
  9. Will a simple DUI or DWAI get me deported in Colorado? Generally, a first-time DUI is not a deportable offense unless aggravating circumstances are involved. However, aggravating factors may affect visa eligibility or trigger removal proceedings. Examples include having children in the car or being charged with additional offenses such as vehicular assault or vehicular manslaughter.
  10. How will a domestic violence charge impact my legal status? A domestic violence offense involving a current or former intimate partner, or someone with whom you share children, can be a deportable offense under federal law. This may apply even if the charge is a misdemeanor or the person receives a deferred sentence.

B. ICE Detainers & Arrests

  1. What is an ICE detainer? An ICE detainer (or ICE hold) is a request asking a local jail to keep an immigrant in custody for up to 48 hours. Many jurisdictions in Colorado do not honor civil ICE detainers, which means jail officials generally will not hold someone past their release time based only on a state charge. However, many sheriffs' offices will notify ICE before release, allowing ICE to take the immigrant into custody when the state case ends. In addition, if ICE or a judge has issued a warrant, the local jail will usually transfer the person to ICE.
  2. Can Colorado police hold me just because of my immigration status? No. Colorado law does not allow local law enforcement agencies to hold an immigrant based solely on an ICE detainer. However, a local sheriff’s office may notify ICE before release, which gives ICE an opportunity to take the person into custody.
  3. Does ICE make arrests inside Colorado courthouses? No. Under both Colorado state law and some judicial rulings, ICE agents are not permitted to make civil immigration arrests inside a Colorado court building or while immigrants are traveling to and from court for a scheduled hearing.
  4. What should I do if ICE questions me? You have a constitutional right to remain silent. Provide your name and date of birth, but do not answer questions about your immigration status or place of birth without an attorney present. Ask for an attorney immediately. Always remain polite and do not physically resist an officer, as that can lead to additional criminal charges. If the arrest, search, or seizure is unlawful, your attorney may use that in your defense. Do not provide false information or false documents, as that can be a serious crime.
  5. If I post bond, can ICE deport me? ICE may still place an immigration hold. If bond is posted on a state charge and ICE has not placed a hold on the person, that person should be released.

C. Legal Rights & Court Procedures

  1. Do I have the right to an attorney? Yes. The U.S. Constitution provides every person with the right to an attorney in a criminal matter. If a person is deemed indigent under the Colorado Public Defender standards, is in custody, or faces serious charges carrying mandatory prison time if convicted, an attorney may be provided through the Colorado Public Defender’s Office for criminal cases.
  2. What are my rights during a police encounter? You have the right to remain silent. You should provide basic identifying information, such as your name and date of birth, but you do not have to answer questions related to a criminal investigation. You also do not need to discuss your immigration status or place of birth. Do not consent to a search of your person, home, vehicle, bags, backpack, personal belongings, cell phone, or computer unless law enforcement has a warrant or another legal basis to search. If you do not consent, request an attorney. Your criminal defense attorney can challenge an unlawful search or seizure in court.
  3. What is the difference between a criminal defense attorney and an immigration attorney? A criminal defense attorney represents a person facing criminal charges in criminal court. An immigration attorney advises how those charges or convictions may affect the person’s ability to remain in the U.S. and represents them in deportation or citizenship matters.
  4. How do I find the right lawyer for my situation? Look for a criminal defense attorney with significant experience representing people charged with crimes. Review law firm websites and online reviews. Many criminal defense attorneys, such as ourselves, offer free consultations. You can reach us at [nap_phone id="LOCAL-CT-NUMBER-1"] for help with Colorado criminal charges.
  5. Will I be deported while my criminal case is still pending? Generally, a person is not deported solely because of a new pending criminal charge, since a charge is not the same as a conviction. However, ICE may still place a hold on you or seek deportation for other reasons. Under Colorado law, local authorities are limited in how long they can hold you and in what information they may share with ICE.
  6. Where can I find nonprofit or pro bono immigration legal help in Colorado? You may be able to get help from nonprofit organizations that provide immigration legal services or self-help resources. One example is the Rocky Mountain Immigrant Advocacy Network (RMIAN).
Disclaimer: This is not legal advice, but merely general information for educational purposes. Legal advice can only come from an attorney in a private communication situation. For legal advice, please contact [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consult for criminal charges. Immigration laws, policies and procedures are constantly changing, so it is important to talk to an immigration attorney about immigration consequences.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[Documentation That Wins Cases: What Personal Injury Attorneys Need from Chiropractors]]> https://www.blackandblinklaw.com/?p=48138 2026-06-24T15:34:21Z 2026-06-23T15:31:36Z By Adam Smestad, Esq. Black, Blink & Associates / Personal Injury Attorney It would not be a shock to most chiropractors to say that good documentation is important. However, what many providers may not realize is just how much impact their records have on the value and outcome of their patient’s personal injury case. In most personal injury claims, the medical records become the foundation upon which the entire case is built. Long before a case reaches a jury, insurance adjusters, defense attorneys, and claims managers are reviewing medical – and particularly chiropractic – records to determine whether the injury is legitimate, whether treatment was necessary, and how much compensation they are willing to offer. Simply put, well-documented chiropractic records can help attorneys obtain better results for injured patients. Better results often mean greater access to care, more successful treatment outcomes, and stronger long-term relationships between providers and attorneys. And, in the case of a chiropractic lien, can ensure there is enough money to satisfy the outstanding bill for medical care.

The Initial History Is Often the Most Important Record in the Entire Case

The first visit frequently becomes the most scrutinized document in a personal injury claim. Insurance companies are looking for answers to several key questions:
  • Did the patient seek treatment promptly?
  • Did the patient mention how the injuries occurred – specifically, did the patient and provider discuss the incident?
  • Did the patient report symptoms consistent with the incident?
  • Is there a clear mechanism of injury?
  • Were there pre-existing complaints?
A detailed history in the initial encounter record provides critical context that often cannot be corrected in records from later encounters.

Objective Findings Matter

What the Adjuster Looks For What the Chiropractor Must Chart Why It Dictates Case Value
Quantifiable Data Exact degrees of restricted Range of Motion (ROM). Insurance settlement software automatically rejects vague notes like "stiff neck."
Palpation Verification Muscle spasms graded by severity, quadrant, and tone. Spasms are involuntary clinical expressions, making them concrete proof of objective physical trauma.
Neurological Deficits Specific dermatomal changes, reflex grading, or radiculopathy details. Elevates an easily dismissed soft-tissue "sprain/strain" into a high-value, complex neurological case.
Insurance companies tend not to value soft tissue injuries as high as other injuries. They frequently characterize soft tissue injuries as subjective, arguing that they are either difficult or impossible to verify, and therefore, scrutinize claims related to soft tissue injuries harshly. Objective findings help counter that argument, including reduced range of motion, muscle spasms, orthopedic testing results, neurological findings, palpatory findings, and functional deficits.

Functional Limitations Tell the Real Story

It is certainly an important part of the case to prove what treatment occurred, but it is even more important to say why the treatment was necessary. If the patient cannot prove that the treatment was necessary – and made necessary by the incident at issue – then the patient will likely lose their case. Functional limitations testing can answer this. It is important to include these tests and the results in the records clearly. This will help establish a causal relationship between the treatment and the incident. Examples include range of motion, flexibility and palpation tests. It is also important to ask the patient about any difficulties in their daily lives, such as driving, working, sleeping, exercising, caring for children, or performing household activities.

Consistency Is Critical

One of the first things defense attorneys look for is inconsistency. Recovery is rarely linear, but documenting changes and explaining them helps maintain credibility throughout the treatment course.

Document Improvement and Ongoing Limitations

Providers should clearly identify improvements achieved, remaining symptoms, ongoing functional limitations, and future treatment recommendations.

Gaps in Treatment Should Be Explained

Gaps in treatment are one of the first things that defense attorneys look for when trying to find ways to undermine a patient’s personal injury claim. The argument often follows: “If the patient was truly injured, or if their injury was so severe, why didn’t they continue treating until they had fully healed?” This can be a very effective argument to a jury. But it can also be easily countered in the medical records. When a treatment gap occurs, documenting any medical reason for such a gap can prevent the defense from creating a misleading narrative later.

Why Good Documentation Benefits Chiropractors

Well-documented records increase the credibility of treatment recommendations, improve the likelihood of full lien payment, reduce disputes over medical necessity, support future testimony, and strengthen relationships with referring attorneys.

Final Thoughts

The best chiropractic records do more than describe treatment. They tell the story of an injured person from the day of the collision through recovery. As personal injury attorneys, we understand that chiropractic providers who take the time to create clear, detailed, and defensible records are incredibly valuable to their patients. Those records frequently become some of the most powerful evidence in a personal injury case. Good documentation does not just support treatment—it wins cases. For questions or referrals, call [nap_phone id="LOCAL-CT-NUMBER-1"]. Disclaimer: This article is for informational purposes only and does not constitute legal advice. Providers should consult qualified Colorado counsel regarding specific lien issues.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[What to expect after a drug conspiracy charge in Colorado]]> https://www.blackandblinklaw.com/?p=48132 2026-06-19T16:36:53Z 2026-06-19T15:56:17Z Understanding drug conspiracy charges Colorado law treats conspiracy seriously. Conspiracy occurs when two or more people agree to commit a drug-related crime. Unlike possession or distribution charges, conspiracy does not require prosecutors to find actual drugs. Simply agreeing to participate and taking one step toward the crime is enough for a charge. This could be as simple as a phone call, text message or meeting to discuss the plan. Conspiracy carries penalties similar to the underlying drug offense itself. This means conspiracy to distribute carries the same sentence as actual distribution. Additionally, prosecutors can charge both a conspiracy and the completed drug crime separately, resulting in multiple charges for a single incident.

Potential penalties and consequences

Drug conspiracy charges are classified as felonies in Colorado. The specific classification depends on the type and amount of drugs involved in the alleged conspiracy.
  • Level 1 drug felony: 8 to 32 years in prison and fines from $5,000 to $1,000,000
  • Level 2 drug felony: 4 to 16 years in prison and fines from $3,000 to $750,000
  • Level 3 drug felony: 2 to 8 years in prison and fines from $2,000 to $500,000
  • Level 4 drug felony: 6 months to 1 year in prison (up to 2 years if aggravated) and fines from $1,000 to $100,000
Beyond criminal penalties, a conviction creates long-term consequences. Employment opportunities may become limited, as many employers conduct background checks. Professional licensing boards can suspend or revoke licenses. It can also affect federal student aid eligibility. Understanding the full scope is important when facing these charges.

The legal process following arrest

Within 48 hours, an initial appearance takes place before a judge. During this hearing, the judge presents the charges and sets bail conditions. An advisement hearing follows where formal charges are explained. The defendant enters a plea later in the process during a formal arraignment. Following this, preliminary hearings determine whether enough evidence exists to proceed to trial. Throughout this process, prosecutors may offer plea agreements. The prosecution may offer reduced charges or recommend lighter sentences in exchange for a guilty plea. These negotiations can significantly impact the outcome of a case.

Handling a drug conspiracy charge

Facing drug conspiracy charges is a serious matter. While the situation may feel overwhelming, it is important to remember that a charge is not a conviction. The legal system provides opportunities to challenge evidence and present a defense. Professional legal guidance can protect your rights and explore all available legal options for your case.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[What Happens If the Driver Who Hit Me Doesn’t Have Insurance?]]> https://www.blackandblinklaw.com/?p=48131 2026-06-16T12:42:40Z 2026-06-16T12:42:40Z If you’re in a car accident caused by someone that doesn’t have insurance, are you out of luck?  Fortunately, in most situations, no.   Many people assume that if the at-fault driver has no insurance—or not enough insurance—there is no way to recover compensation for their injuries.  In Colorado – and in most states - that is not necessarily true.  The answer often depends on the insurance coverage you purchased for yourself. 

Colorado Drivers Are Required to Carry Insurance

Colorado law requires drivers to carry minimum liability insurance coverage, including: 
  • $25,000 for bodily injury or death to one person; 
  • $50,000 for bodily injury or death to multiple people; and 
  • $15,000 for property damage. 
Many people carry only the minimum coverage, which may be nowhere near enough to compensate someone who suffers significant injuries. This is where underinsured motorist coverage can often come into play and be incredibly helpful.  

What Is Underinsured Motorist Coverage?

Underinsured Motorist ("UIM") coverage applies when the at-fault driver has insurance, but not enough insurance to cover your damages.  For example, imagine you suffer serious injuries and your damages are over $100,000. If the at-fault driver only carries the Colorado minimum bodily injury limits of $25,000, what do you do about the remaining $75,000 worth of your damages?  This is where your UIM coverage may provide additional compensation, up to the limits of your own policy limits.  It is very likely that you have UIM coverage included in your auto insurance policy. Colorado law requires UIM coverage to be offered together with UM coverage. C.R.S. § 10-4-609.  But what about if the other driver isn’t following the law and doesn’t have insurance at all?  

What Is Uninsured Motorist Coverage?

Uninsured Motorist ("UM") coverage protects you if the driver who caused the crash has no insurance.  Instead of pursuing compensation from the at-fault driver's insurance company, you may be able to make a claim through your own insurance policy. In other words, the coverage you purchased may step in and provide protection when the at-fault driver failed to do so.  Once again, you likely have UM insurance coverage through your policy. Colorado law generally requires insurance companies to offer uninsured motorist coverage when they issue an automobile policy. See C.R.S. § 10-4-609. 

Why These Claims Can Be More Complicated Than People Expect

Many people assume their own insurance company will automatically do the right thing.  Sometimes they do. But sometimes they don't.  Remember, your insurance company is still an insurance company. Even though you paid premiums for years, disputes can arise over: 
  • the value of your injuries; 
  • whether treatment was necessary; 
  • whether your injuries were caused by the crash; and 
  • how much compensation is owed. 
These cases can become surprisingly complicated. 

This Is One Reason to Talk to an Attorney Early

One of the biggest mistakes is when people assume there is no case because the at-fault driver lacks insurance.  In reality, some of the strongest injury claims involve uninsured or underinsured motorist coverage. The challenge is identifying every available source of recovery and understanding how the insurance policies work.  Most people have never read their insurance policy. And frankly, most people shouldn't have to become insurance experts while recovering from injuries.  An experienced personal injury attorney can help determine what coverage is available, whether UM/UIM benefits apply, whether there are additional insurance policies involved, and whether the insurance company is treating your claim fairly. 

Don't Assume You Have No Options

If you were injured by an uninsured or underinsured driver, do not assume there is nothing that can be done. Colorado law provides protections that many people do not realize they have.  The best first step is often simply learning what coverage exists and what rights you have under your policy.  You may have more options than you think.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.   Sources  ]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[I Tripped Over a Small Defect. Do I Still Have a Slip and Fall Case?]]> https://www.blackandblinklaw.com/?p=48128 2026-06-25T12:40:56Z 2026-06-15T18:27:19Z You tripped and fell on someone else’s property, and you were injured. You have a case, right?   Not necessarily.  In Colorado, property owners are not automatically liable every time someone falls on their property. At the same time, property owners cannot escape responsibility simply because a dangerous condition appears "small." A Colorado Slip-And-Fall Attorney can help you sift through the legal details. This is where something called the "de minimis doctrine" sometimes comes into play. 

What Does "De Minimis" Mean?

"De minimis" is a legal principle that essentially means "too trivial to matter."  In premises liability cases, defendants sometimes argue that a defect was so minor that it could not reasonably be considered dangerous.  Examples may include: 
  • a small crack in a sidewalk; 
  • a slight change in elevation between walking surfaces; 
  • a minor depression in pavement; or 
  • a small irregularity in flooring. 
The argument is that ordinary property users should be expected to encounter minor imperfections in everyday life. 

There Is No Magic Measurement

Just because you were injured on someone else’s property in a trip and fall, doesn’t mean you have a case. You must prove that the defect that caused your fall presented an unreasonable risk of injury.   And unfortunately, it’s not as simple as measuring the size of the defect.  Premises liability cases are rarely that simple.  Instead, courts typically look at the totality of the circumstances.  For example: 
  • Where was the defect located? 
  • Was the area poorly lit? 
  • Was the hazard difficult to see? 
  • Had there been prior complaints or incidents? 
  • Was the condition hidden by weather, debris, or other distractions? 
A seemingly small defect can become much more dangerous depending on the surrounding circumstances. 

Colorado Premises Liability Law Focuses on Reasonableness

In Colorado, most slip and fall claims are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115.  The law generally requires courts and juries to evaluate whether a landowner exercised reasonable care under the circumstances and whether the dangerous condition caused the injury.  The focus is often not on the size of the defect alone.  The real question is whether the property owner knew or should have known about an unreasonable risk of harm. 

Small Hazard. Serious Injury.

Another important point is that serious injuries can result from seemingly minor hazards.  I've seen cases involving: 
  • broken wrists, 
  • shoulder injuries, 
  • knee injuries, 
  • hip fractures, 
  • and traumatic brain injuries 
from conditions that initially appeared insignificant.  The severity of an injury is not always proportional to the size of the defect that caused it. 

Don't Disqualify Your Own Case

One of the biggest mistakes people make is assuming they do not have a claim because the hazard looked minor.  Property owners and insurance companies often raise the "de minimis" argument early in a case.  That does not mean they are right.  Whether a condition is legally insignificant depends on many facts, including photographs, witness testimony, maintenance records, prior complaints, and the circumstances surrounding the fall. 

The Bottom Line

If you were injured in a slip and fall, don't assume your case rises or falls based solely on the size of a crack, hole, or uneven surface.  Colorado law looks at the entire situation.  A condition that appears minor at first glance may still create an unreasonable risk of harm under the right circumstances.  Before deciding you do not have a case, it is worth speaking with an attorney who can evaluate all of the facts—not just the measurements.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"]now for a free consultation.   Sources  ]]>