Mark T. Langston, P.C. |
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The Law Office of Mark T. Langston provides creative, personalized legal services to clients under investigation for or charged with criminal offenses |
Boulder lawyer Mark Langston has expertise in handling both violent and non-violent state and federal criminal offenses. Regardless of the type of case, every client receives his personal attention, and benefits from his experienced advocacy. For immediate assistance, call him in Boulder at 303-440-9684. To learn more about the firm's areas of practice, please read on. Assault - Colorado law generally defines three levels of assault, distinguished by the degree of injury caused, the state of mind of the perpetrator, the status of the victim, and whether a weapon was used. A prison sentence is generally mandatory upon conviction for a felony assault. First-degree assault, the most serious type of assault, is a class 3 felony. Second-degree assault is generally a class 4 felony, but is increased to a class 3 felony if it is committed during the commission of, or flight from, certain felony offenses. Third-degree assault is a class 1 misdemeanor, and is committed when a person either knowingly or recklessly causes bodily injury to another or negligently causes bodily injury to another with a deadly weapon. Vehicular assault is committed when a person drives recklessly and the driving is the proximate cause of serious bodily injury to another person. A person also commits vehicular assault if the person drives while under the influence of alcohol, drugs or both and is the proximate cause of serious bodily injury to another. If you or someone you know have been arrested or are under investigation for assault, or any type of violent offense, please contact Mark Langston immediately. Bail and Bond Proceedings - After arrest, a person is taken into custody and kept there until bond is posted. A defendant in Colorado has an absolute right to bail in all cases except for capital offenses, and certain preventive detention cases. Bail means the amount of money or other security set by the court that must be posted with the court for the release of a person in custody. The purpose of bail is to ensure that the person appears in court and complies with other conditions set by the court as a condition of release. Bond conditions might already be set if the arrest was effected by an arrest warrant. If the accused was arrested without a warrant, bond will typically be set at the first appearance or the advisement. The arresting officer can also exercise her discretion and release the person by issuing a summons requiring the person to appear in court on a future date. The court setting bail may require that it be posted by either a secured bond or an unsecured bond. A secured bond may be posted by depositing cash with the court, or by depositing certain approved securities or real estate with the court, or through the use of a professional bonding agent - commonly called a bail bondsman - who has been approved by the State to post bonds on behalf of persons accused of crimes. An unsecured bond is merely a promise by the defendant to appear in court - a personal recognizance bond - or a promise by both the defendant and some other party that the defendant will appear in court - a co-signed personal recognizance bond. The purpose of bail is to insure the defendant's future appearances in court and not to punish a defendant before he has been convicted. This purpose should be met by means that impose the least possible hardship upon the accused. Attorney Mark Langston has years of experience handling bail and bond requests, and helps clients obtain pretrial release on reasonable bail. Burglary - Burglary is generally defined as the unlawful entering of a place with the intent to commit a crime. The seriousness of the offense is determined by the nature of the place involved, and whether violence or weapons are used. First-degree burglary occurs when a person enters unlawfully, or remains unlawfully after a legal or illegal entry, in a building or occupied structure with the intent to commit a crime and assaults or menaces anyone, or is armed with a deadly weapon. First-degree burglary is a class 3 felony. Second-degree burglary occurs when a person breaks an entrance into, or enters unlawfully, or remains unlawfully after a legal or illegal entry, in a building or occupied structure with the intent to commit a crime. Second-degree burglary is thus distinguished from first-degree burglary by the absence of any assault or deadly weapon. Second-degree burglary is a class 4 felony, unless the place burglarized is a dwelling or the object of the burglary is controlled substances, in which case the burglary isa class 3 felony. Third degree burglary occurs when a person enters or breaks into any vault, safe, vending machine coin box or other apparatus. Third degree burglary is a class 5 felony, unless the object of the burglary is controlled substances, in which case it is a class 4 felony. Attorney Mark Langston is experienced in the defense of all types of Burglary cases and other crimes against property. Child Abuse - Child abuse charges fall into several different categories, depending upon the degree of injury to the child and the state of mind of the offender. The basic statute, C.R.S. § 18-6-401, provides that a person commits child abuse if the person 1) causes an injury to a child, 2) permits a child to be unreasonably placed in a situation that poses a threat to the child's life or health, or 3) engages in a continuing pattern of conduct that results in malnourishment, lack of medical care, cruel punishment or an accumulation of injuries that results in the death of serious bodily injury to the child. For the purposes of the child abuse statute, a child is defined as a person under sixteen. As noted, the seriousness of the crime turns on the degree of injury to the child and the state of mind of the actor. In cases of child abuse resulting in death, the offense is a class 2 felony if the defendant acted knowingly or recklessly, and a class 3 felony if the person acted negligently. In cases of child abuse resulting in serious bodily injury, the offense is a class 3 felony if the person acted knowingly or recklessly, and a class 4 felony if the person acted negligently. In cases of child abuse resulting only in bodily injury, the offense is a class 1 misdemeanor if the person acted knowingly or recklessly, and a class 2 misdemeanor if the person acted negligently. In cases of child abuse resulting in no actual injury, the offense is a class 2 misdemeanor if the person acted knowingly or recklessly, and a class 3 misdemeanor if the person acted negligently. There is a special provision for child abuse resulting in death, when committed upon a child under 12, and when committed by a person who was in a position of trust with respect to that child. In this case, the crime is a class 1 felony. Attorney Mark Langston is experienced in the defense of all types of Child Abuse cases. Computer Crime - Computer crime is committed when one accesses a computer, network or system without authorization, or causes damage, interruption or impairment of function, or accesses a computer, network or system to commit fraud or theft. The classification or seriousness of the offense is determined by the value of the loss, damage, services or cost of repairs. If you or someone you know have been arrested or are under investigation for any type of Computer Crime, please contact Attorney Mark Langston immediately to discuss your situation. Constitutional Law / Criminal Procedure - Attorney Mark Langston challenges prosecutors in Colorado during all aspects of a case in order to protect your fundamental constitutional rights and to ensure due process. All individuals, including those accused of a violation of the criminal law, have the following important rights:
The United States Constitution is the cornerstone of the relationship between the federal and state governments and between individuals and those governments. In Colorado, additional individual rights or procedural safeguards may be bestowed by the Colorado State Constitution. Attorney Mark Langston knows the law and how to apply court decisions that interpret the United States and Colorado Constitutions in areas such as criminal procedure, due process, equal protection, right to counsel, Miranda issues, and search and seizure protections, to achieve justice and the best outcome for his clients. Domestic Violence - A crime of Domestic Violence can be almost any offense committed in the context of an intimate relationship. The most common Domestic Violence crimes are:
Over the past few years, law enforcement has developed new policies, the court system has implemented far-reaching changes, and prosecuting attorneys have taken an active role in zealously enforcing both new and existing domestic violence laws in Colorado. In addition to the special set of procedural rules and sentencing laws that apply to these cases, protective orders and no-contact provisions are also complicating factors in Domestic Violence prosecutions. Every domestic violence case is different. Don't rely solely on the advice of family members or friends. Contact Attorney Mark Langston before deciding on a course of action. Drivers License Revocations - The State can revoke or suspend your privilege to drive for a vast number and variety of reasons, many having nothing to do with the operation of a vehicle. In most cases, the determination of these issues is made by a Hearing Officer at an Administrative Hearing at the Colorado Department of Revenue. This process is distinct from, and very different than, a courtroom hearing before a judge. In DUI cases, it is extremely important that you get sound legal advice immediately, even before you request an administrative hearing. Mark Langston has the specialized knowledge, skills and experience to represent clients in this complicated process. Drug Offenses - Illegal drug activity is a favorite target for law enforcement agents and "tough on crime" legislators. Mandatory sentencing laws have raised the stakes, and drug offenders now account for a large percentage of our prison population. The type and quantity of drug, the purpose of the activity (manufacture, sale or use), and the criminal history of the offender generally determine the classification or seriousness of the offense, and the range of punishment. Drug prosecutions are often fertile ground for 4 th , 5 th and 6 th Amendment constitutional challenges to police conduct and procedures. Attorney Mark Langston has extensive experience litigating these issues in the context of the following types of drug offenses:
DUI - DWAI Offenses - Being arrested for driving under the influence of alcohol or drugs (DUI), or driving while ability impaired (DWAI) can happen to any person who operates a vehicle after consuming alcohol or drugs. Most people are surprised to learn how little it takes to be in violation of the law, and how serious the penalties and collateral consequences can be. "Driving Under the Influence" (DUI) means operating a vehicle after consuming sufficient alcohol and/or drugs such that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. "Driving While Ability Impaired" (DWAI) means operating a vehicle after consuming sufficient alcohol and/or drugs such that it affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. "Driving With Excessive Alcohol Content" (DUI Per Se) means driving with a blood or breath alcohol content of .10 or more. A variation of this charge makes it a crime for a person who is under twenty-one to drive at a time when his or her blood or breath alcohol content is greater than .02 but less than .05. A person can be convicted of both DUI (or DWAI) and DUI Per Se. A DUI - DWAI conviction in Colorado may carry significant and far-reaching penalties, including:
Some other important things to know:
If you or someone you know has been charged DUI, DWAI, vehicular assault, vehicular homicide, or any other alcohol-related criminal offense, the selection of an experienced lawyer is the first step towards understanding the options and maximizing the opportunity for a favorable outcome. Attorney Mark Langston has the specialized knowledge, skills and experience to assist clients in this complicated process, and can provide the advice and representation that is necessary during these difficult times. Federal Criminal Defense - The United States District Court for the District of Colorado typically deals with federal felonies, although there are some federal misdemeanors as well. Some criminal offenses may be tried in either state or federal court (such as drug trafficking). While there are many good criminal defense lawyers throughout Boulder, Denver, and the State of Colorado, the majority of those lawyers handle only state court cases, and do not practice in federal court and are not familiar with the very different rules and procedures that apply. One of the most significant distinctions between and state and federal criminal practice is the complex way that sentences are calculated and imposed. Federal court practice requires a thorough understanding of the nuances of the "Federal Sentencing Guidelines", and the interplay between the guidelines and statutes that define federal crimes. Fraud Offenses - These are defined in Colorado as crimes that involves: 1) forgery and related offenses; 2) fraud in obtaining property or services; 3) fraudulent business practices; 4) bribery; 5) Uniform Commercial Code offenses; 6) credit and debit card offenses; and, 7) equity skimming. Forgery, fraud in obtaining property or services, and credit and debit card crimes, are the most commonly prosecuted fraud offenses. These cases often involve complicated restitution issues. The penalties imposed are directly related to the amount of money involved, the number of fraudulent transactions, and the amount of planning and preparation that went into the scheme. Mark Langston has nearly twenty years of experience representing clients accused of various types of fraud offenses. Gaming Offenses - Small stakes gambling has been legally established in a small number of Colorado towns. These activities are tightly controlled and monitored by the state, and there is a complex set of rules governing the conduct of both the gambling patrons and the business establishments. Boulder Attorney Mark Langston is one of a very small number of lawyers in Colorado with experience in this highly specialized field, and successfully defended the first prosecution of a corporation charged with a violation of Colorado's gaming laws. Juvenile Offenses / Delinquency - When a juvenile gets in trouble with the law in Colorado, the process is generally very different than in adult court. The juvenile offense is called an act of delinquency, and generally is handled in the juvenile court. The juvenile court has its own special rules and procedures, and juveniles may not have all of the same due process rights afforded adults. However, more serious or violent crimes may cause very young people to be subjected to the jurisdiction of adult court, and face adult consequences. Attorney Mark Langston understands the Colorado juvenile justice code and ensures that the rights of his juvenile clients are fully protected in and out of court. He represents clients in cases ranging from alcohol violations to felony offenses such as sexual assault. Mr. Langston understands that these can be very difficult experiences for young people and their families, and brings compassion and clear communication to the process. Probation Complaints - Probation is an alternative to incarceration. Offenders who receive probation as a sentence will be able to remain members of their community, as long as they remain law-abiding and follow the rules and comply with conditions set by the court. These rules may require them to seek counseling or treatment, undergo drug testing, and/or perform community service. They may also be required to attend regular meetings with their supervising officer. Failure to comply with these rules and conditions may cause a Probation Complaint to be filed, which may lead to the revocation of probation and the imposition of a jail or prison sentence. Attorney Mark Langston is experienced in these matters, and will be able to provide valuable assistance with regard to Probation Complaints or any other sentencing issues.
Sex Offenses - Attorney Mark Langston handles all types of misdemeanor and felony sex cases, including:
In addition to the defense of sex-related crimes, Mr. Langston also handles post-judgment issues involving Sex Offender Treatment and Sex Offender Registration in Colorado, which have the potential for negative consequences lasting a lifetime. For specific answers to your questions, please contact Attorney Mark Langston. Traffic Violations - In addition to criminal and DUI-DWAI charges, Attorney Mark Langston also defends individuals charged with a variety of Colorado state and municipal traffic offenses, including:
White Collar Crime - The term "White-Collar" typically refer to a crime committed by using fraud or deception, as opposed to violent crimes that generally involve the use of force. Attorney Mark Langston has the ability and experience to handle complicated state and federal cases involving:
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