Civil Rights & Criminal Defense
civil rights
Have you ever been pulled over by that police officer whose attitude toward you seems ridiculously confrontational and aggressive? On the other hand, do you have friends in law enforcement who are great people, serve for the right reasons, and that you trust are protecting the community? Does not the one bad apple tend to spoil the bunch?
Undoubtedly, police officers and governmental officials are human beings like the rest of us. They can have susceptibilities to unhealthy cravings for power and control, fits of aggression and rage, and propensity toward violence and lust. When they violate rights, they must be held accountable. The fact that private citizens can sue government officials is one of the aspects of the American legal system that is exceptional and makes the United States a great country.
The historicity of the notion that individuals can redress the wrongs done to them by government agents is rich in America. Immediately after the Civil War, it became obvious that the 13th Amendment was inadequate to protect the civil rights of recently freed, impoverished slaves. Richard Briffault, Section 1983 and Federalism, 90 Harv. L. Rev. 1133, 1143 (1977)[1]. Abuses of African Americans and Union Sympathizers were widespread. Id.
In response the United States Congress enacted Section 1 of the Ku Klux Klan Act of April 20, 1871. The utility of this statute was to enforce the protections guaranteed by the 14th Amendment to the United States Constitution to all the citizens of the various states. Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 476 (1961). Later, Congress revised and moved the legislation from the Ku Klux Klan Act to 42 U.S.C. Section 1983—commonly called a “1983” claim.
In 2020, the Colorado legislature passed S.B. 20-217, “Enhance Law Enforcement Integrity Act” in response to the widespread sensationalism of police violence against certain men and women of African descent. Contained in that act was Section 13-21-131, C.R.S. This statute created a civil right of action comparable to the 1983 claim, and is Colorado specific. It is intended to give people the ability to go to court against Colorado police officers who violate the constitutional right of the citizen as guaranteed under the Colorado State Constitution. This bill was signed into law by Governor Jared Polis on June 19, 2020.
The version of § 13-21-131, C.R.S. that was enacted at the time states as follows:
(1) A peace officer, as defined in section 24-31-901(3), employed by a local government who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article II of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief. § 13-21-131, C.R.S.
U.S.C. § 1983.
If you or someone you know has had their constitutional rights violated by members of the government, local police, military, national guard, or healthcare system, please give us a call. We would love to discuss your case and the privilege to represent you against the monolithic forces of the government.
Similarly, 42 U.S.C. § 1983 reads:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .
In 2020, the Colorado legislature passed S.B. 20-217, “Enhance Law Enforcement Integrity Act” in response to the widespread sensationalism of police violence against certain men and women of African descent. Contained in that act was Section 13-21-131, C.R.S. This statute created a civil right of action comparable to the 1983 claim, and is Colorado specific. It is intended to give people the ability to go to court against Colorado police officers who violate the constitutional right of the citizen as guaranteed under the Colorado State Constitution. This bill was signed into law by Governor Jared Polis on June 19, 2020.
The version of § 13-21-131, C.R.S. that was enacted at the time states as follows:
(1) A peace officer, as defined in section 24-31-901(3), employed by a local government who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article II of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief. § 13-21-131, C.R.S.
U.S.C. § 1983.
If you or someone you know has had their constitutional rights violated by members of the government, local police, military, national guard, or healthcare system, please give us a call. We would love to discuss your case and the privilege to represent you against the monolithic forces of the government.
Similarly, 42 U.S.C. § 1983 reads:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .
criminal defense
“Criminal”—the word sounds unsettling, unsafe, and uncomfortable. It goes without saying that being charged in a “criminal case” with “crimes” can be daunting and overwhelming. For many, decent, good people, an unfortunate set of events, some poor choices, false claims, or all the above can result in being arrested, jailed, and charged with a crime. The reality of being charged in a criminal case can almost be too much to think about. The weight of being accused in the justice system can seem surreal and like it must be all a dream. True too, that for many hardworking, productive professionals, getting charged with a crime feels like an attack on your personal dignity—and it is.
The Paul Wilkinson Law Firm, LLC has a dedicated criminal defense lawyer who has tread the unbeaten path alongside many innocent or overcharged professionals and members of our community. If you are charged with a crime, it is crucial that you enlist the services of a highly skilled, creative, intelligent, and proficient litigator and negotiator, and PWLF offers exactly this person—Chris Ponce, Esq.
Mr. Ponce represents criminal defense clients of the highest pedigree, and
he will provide comprehensive and thorough representation.
It all begins with gaining a complex understanding of the legal and factual issues. Mr. Ponce will obtain all the investigative work product on your behalf. He will comb through it meticulously to find every defense imaginable; he will conduct legal research to make unconventional, powerful arguments in your defense; and he will provide you with answers to all the questions you have.
Next, he will stand beside you in court and be your voice. He will articulate your defense as a professional communicator should. He will address the judge, the prosecution, and, if necessary, the jury to deliver the best possible case for your innocence.
With his expertise and experience, you have the greatest odds of obtaining the best possible outcome in your case. Consultations are free. So, if you or a loved one are struggling to navigate through the justice system as a defendant; if you are concerned about your reputation, your job prospects, and your future, call Chris.
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