Personal Injury and Criminal Defense Attorney Serving Gunnison, CO
Gunnison is my kind of place. I know it intimately, having graduated from Western (State) Colorado University in 1984. There is never any shortage of things to do – skiing in the winter and fishing in the Blue Mesa Reservoir or the Gunnison River are two of my favorite activities. Nevertheless, Gunnison’s relaxing atmosphere and small-town hospitality would make the town worth frequent visits even if it didn’t offer spectacular outdoor attractions.
There’s nothing relaxing about legal problems, however. Whether you have been injured by someone else’s carelessness or arrested for a crime, you have a lot at stake, and it’s not a good idea to try to “go it alone.” My name is Mark S. Rubinstein, and my mission is to protect people just like you. As a sole practitioner, I can focus intensely on my clients’ cases without distraction. At Mark S. Rubinstein, P.C., you are more than just a case number – you are a valued client whose interests are worth fighting for.
As a sole practitioner, I don’t practice “buffet-style” law – instead, I concentrate on the areas where my experience and expertise are most needed. Following are the areas of law that I focus on:
- Criminal defense: Including drug offenses, white-collar crimes, domestic violence, assault and battery, theft, shoplifting, sex offenses, traffic offenses, and violent crimes.
- DUI defense: Including Driving While Ability Impaired (DWAI) and Driving Under the Influence of Drugs (DUID).
- Personal injury: Including defective products, premises liability, construction accidents, insurance claims, and wrongful death.
- Motor vehicle accidents: Including car accidents, motorcycle accidents, pedestrian accidents, truck accidents, bicycle accidents, and boating accidents.
- White collar crimes: Including identity theft, embezzlement, money laundering, securities fraud, and corporate fraud.
White collar crimes are typically (but not always) aimed at financial gain. These cases tend to be complex and require considerable expertise to resolve. Although the FBI frequently investigates white collar crimes because they often involve federal offenses or multistate activity, the assistance of a Gunnison criminal defense attorney is crucial.
Embezzlement is one of the most common white collar criminal charges and can take many forms. Prosecutors tend to take embezzlement cases very seriously, because the defendant is accused of breach of trust. An embezzlement conviction can not only result in many years in prison, it can ruin your job prospects. Seek the assistance of an experienced Gunnison criminal defense lawyer as soon as you discover that you are under investigation for embezzlement.
Record Sealing & Expungements
The Colorado criminal justice system can seem unforgiving. Suppose, for example, that the police arrest you for an offense that you did not commit. Even if you win an acquittal, the record of your arrest could haunt you for decades to come. It is for this reason that various states, including Colorado, have enacted procedures to seal the records of certain actions taken by the criminal justice system.
Colorado law on the sealing of records differs, however, depending on which type of record you seek to seal. Records that may be sealed include:
- Conviction for possession of a controlled substance (drug possession);
- Conviction of “petty and municipal offenses” (running a stop sign, for example); or
- Charges of other criminal offenses that resulted in a dismissal, acquittal, diversion, etc. (not a conviction, guilty plea or plea bargain).
Although the rules are somewhat complex, if you qualify to have your records sealed you will typically have to wait several years (perhaps even a decade) for your eligibility to mature, and you will need to pay a fee.
Frequently Asked Questions (FAQs)
Can I afford to press a personal injury claim?
It is likely that you can, even if you think you can’t. If I take your case as your Gunnison personal injury attorney, I will defer all attorney’s fees. This means that you will owe me nothing in attorney’s fees unless I, a Gunnison personal injury lawyer wins your case, and any amount that you end up paying will be proportionate to the amount you receive as a verdict or settlement.
Can I win a car accident claim even if the accident was partly my fault?
It depends on your degree of fault. Under Colorado’s comparative fault principles, you can recover damages even for an accident that was partly your fault, as long as you were less than 50 percent at fault. If you were less than 50 percent at fault, a court will subtract from your recovery an amount equivalent to your percentage of fault. If you were 25 percent at fault, for example, the court will subtract 25 percent and award you the remaining 75 percent of your damages. If you were 51 percent or more at fault, however, you will recover nothing.
If I am pulled over for DUI, do I have the right to refuse a breathalyzer test?
Yes, you do under most circumstances, but there will be negative consequences if you do – even if you are eventually acquitted of DUI. If you refuse to take a breathalyzer test, your driver’s license will be suspended for 12 months (for a first offense), longer than it would be suspended for a first offense DUI. Additionally, it is still possible for you to be convicted of DUI even without a breathalyzer test – in fact, the prosecution can use your refusal against you, by asserting that you refused the breathalyzer because you knew that you were intoxicated.
Should I settle my personal injury or vehicle accident case, or should I go to court?
The answer to that question depends on a lot of factors, including how stubborn the opposing party turns out to be. The good news is that in my 24 years of experience, I have worked with insurance companies as a defense lawyer. Consequently, I know their strategies inside and out and I can use this knowledge to help you obtain a generous settlement or, if necessary, win your case in court.
Take Decisive Action
After nearly 25 years of experience in the Colorado legal system, there isn’t much that can happen that I haven’t handled before. If you have been injured in an accident or arrested for a crime in Gunnison, or if you live or work there and your legal problems arose somewhere else, call me as soon as possible at (970) 641-3550, or contact me online. Either way, as a lawyer, I will be happy to schedule a free initial evaluation of your case.
I will be more than willing to meet you in Gunnison if you so require. Once I become your advocate, you can contact me anytime with questions or comments about your case – in fact, I will give you my personal cell phone number to make this as convenient as possible for you.
Gunnison, CO 81230