Padilla Law, P.C. - Colorado and New Mexico Attorneys At Law. 970-764-4547
  • Home
  • Attorneys
    • Beth A. Padilla
    • Paul E. Padilla
  • Areas of Practice
  • First Draft Blog
  • Client Testimonials
  • Resources
  • Contact Us

You Don't Need To Be The Police To Fill Out Their Paperwork

4/11/2012

0 Comments

 
In light of recent events, this week I decided to write about police reports. For those who do not know me personally, yesterday my car was broken into and the stereo was stolen. To add insult to injury, it was broad daylight, it was parked in front of my house, I was home at the time, and the front door to the house was wide open.

Nonetheless, in dealing with the situation I learned about a valuable and convenient tool offered by the Denver Police Department: Report a Crime Online.

I think there are two main reasons why people don’t make police reports when something bad happens. Firstly, it can be a burden to call the police, wait for a patrol car to arrive, and then fill out the paperwork in an interview-like manner. Commonly, this is all done sitting in the hot sun or in a freezing blizzard, while waiting in the parking lot of a closed down Blockbuster or Jack-in-the-Box. Secondly, I think many people underestimate how important a police report is, especially if you later need to make an insurance claim or pursue legal action.

Yesterday, in looking for the Denver Police Department’s non-emergency phone number, I came across the Report a Crime Online program. Generally speaking, instead of calling a police unit to respond in person, you can now go online and fill out a loss or accident report on your own. You submit the report and receive a temporary case number, and, after the report is reviewed and approved, it is officially filed and a formal case number is assigned.  Everything is emailed to you almost instantly.

This is a brilliant system. It allows you the time and ability to make the report at your convenience, once you have the knowledge and wherewithal to know the extent of your damages or loss.  Additionally, it does not require a police officer, who likely has other duties to perform (and would prefer to be doing those other duties) to make a personal visit to witness a broken car window.

As far as the importance of filing a report, the system makes it so easy to file a report that there is no good reason not to do it. I have spoken to many people who didn’t think they need a police report, because “the damage didn’t look that bad.”  But, a few weeks down the line, the quote comes back from the body shop and an insurance claim is the only way to afford the repairs.  Without a police report, it makes it much more difficult to make an insurance claim (and there may be additional fees too), and a police report can prove to be invaluable in any legal action.

I am not suggesting that if you get involved in a traffic accident, you should necessarily exchange info, proceed home, and file the report online (even though it is possible).  There are still many situations where calling the police and having a patrol car arrive on-scene is the best, if not only, way to proceed and protect your interests. But, in light of the increasing and ever-present instances of petty theft and vandalism, Report a Crime Online is a great and stress-reducing system that takes a little bit of the sting out of the process.
0 Comments

Padilla Law Expands Into New Mexico

4/10/2012

0 Comments

 
Padilla Law is excited to announce its expansion into New Mexico.  Paul Padilla has officially been admitted to the New Mexico bar, and will expand his case load going forward. 

Paul is now licensed in both Colorado and New Mexico, and will balance his case load between the two states.  Paul has worked in a contract capacity with two law firms in Santa Fe, New Mexico, and is therefore already familiar with New Mexico court and regulatory systems.

Also, having grown up in Santa Fe, Paul has numerous personal and professional relationships throughout the state that he hopes to leverage for his clients, as he builds his New Mexico presence.
0 Comments

Tax-Free Cyberspace - But At What Price?

4/4/2012

0 Comments

 
At the end of last week, a federal court struck down a law passed in 2010 that would have required certain online retailers to collect Colorado state sales tax for online purchases.

The court’s decision held that the law was unconstitutional, because it placed an undue burden on interstate commerce. Generally speaking, this is because Colorado cannot pass laws that restrict commerce or business that crosses state lines, because the U.S. Congress has the sole responsibility to regulate that area of the law.

Legalese aside, this means that when you buy things online you still do not have to pay sales tax, unless the online retailer is actually located within Colorado.

Some news stories have spun the issue, saying the decision “vindicated” the Republicans or that the Democrats lost.  But, the truth is that the court didn’t care who “won.” Knowing Judge Blackburn, the judge who wrote the decision, I am confident that the decision was neutral and objective, and legally the correct outcome.

However, the real issue is not which party won a fiscal battle, but what affect the decision will have going forward.  The law was originally passed with two laudable goals: 1) to generate additional tax revenue to aid an out-of-balance state budget; and 2) an attempt to even the playing field for local retailers (some called it the “Amazon Tax”).

I would be a hypocrite and liar to say that I don’t shop online, or that I don’t love seeing “$0.00” for sales tax when making a purchase. But, as a proponent of small businesses, I think it is critical to support the local economy, as well as continue to search for viable solutions for our unwieldy state budget. Regardless of whether the court was right in making its decision (which it probably was), there still exist two problems in need of solving.

Currently, online retailers have three main advantages over local brick-and-mortar retailers: 1) little or no sales tax encourages online spending; 2) low overhead (no fancy storefronts needed); and 3) a much larger potential customer base. The proposed law would have at least limited one of the three advantages that online retailers have over local stores.

Additionally, as far as the state budget is concerned, the proposed sales tax produced a new source of funding to the government that was based on consumption, rather than taking more from your paycheck every week, before you even cash it. Unless you also receive a paycheck from an online retailer, online shopping is a one-way street that siphons money out of the local economy.

So, while it’s nice to buy things for the advertised price, with no add-ons inflating the bill at check-out, it is equally important to remember where your money is going, whether to New Jersey, China, India, or anywhere else.

0 Comments

    Padilla Law, P.C.

    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

    RSS Feed

    View my profile on LinkedIn

    Archives

    January 2023
    March 2022
    September 2021
    June 2021
    March 2021
    February 2021
    December 2020
    October 2020
    July 2020
    February 2020
    January 2020
    June 2019
    May 2019
    March 2019
    October 2018
    May 2018
    August 2017
    July 2017
    March 2017
    June 2016
    May 2016
    April 2016
    May 2015
    April 2015
    September 2014
    June 2014
    April 2014
    March 2014
    January 2014
    December 2013
    November 2013
    October 2013
    August 2013
    July 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    January 2012
    December 2011
    November 2011

    Categories

    All
    Administration
    Banking
    Community
    Constitution
    Criminal
    Employment Law
    Environmental
    Family
    Immigration
    Insurance
    Juvenile
    Land Use
    Marijuana
    Oil & Gas
    Probate
    Property
    Real Estate
    Recreation
    Small Business
    Technology

Powered by Create your own unique website with customizable templates.