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Colorado Springs Criminal Defense Attorney

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Have You Been Arrested or Charged with a Crime in CO?

Being arrested and charged for a crime is often both a confusing and scary experience. Will you go to jail? Will you face major financial penalties? Will you lose your reputation or even your family? An experienced Colorado Springs criminal defense attorney can help you understand the answers to those questions and provide valuable guidance that can help you to protect your rights and your freedom.

Do You Need a Colorado Springs Criminal Defense Attorney?

Have you been formally charged with a crime? If so, you need a criminal defense attorney. There is a common belief that the only time an individual needs a criminal defense attorney is if they have been accused of a major crime and are looking at prison time. However, any crime — whether it is considered a misdemeanor or a felony — can have serious impacts on your finances, your freedoms, and your future.

Criminal defense attorneys provide a number of services for their clients, including:

  • The protection of your civil rights during the criminal investigation against you, your arrest, incarceration, and the court process.
  • An experienced look at the facts of your case in order to determine if there are details that investigators missed that could prove your innocence.
  • Representation of you during all pre-trial proceedings.
  • Skilled negotiation with the prosecutor, in an attempt to lessen the charges or consequences you face.
  • Presentation of your case in court, including the delivery of opening and closing statements and examination of evidence and witnesses.
  • Continued representation if you appeal your verdict.
  • Expungement of your records if this process is available in your case.

Top-Rated Colorado Criminal Defense Lawyer

LET US REVIEW YOUR COLORADO SPRINGS CRIMINAL DEFENSE CASE​

What to Do If You’ve Been Arrested

According to the American Civil Liberties Union (ACLU), one of the most important things you can do if you have been arrested is to remember that you have rights, and to protect those rights through your actions. This includes:

  • The right to remain silent, until you have an attorney present for the questioning. You must state your name to an officer if asked.
  • However, following this, you can clearly state in response to the officer’s questions, “I wish to invoke my right to remain silent and I would like an attorney.”
  • If you have invoked your right to remain silent and have requested an attorney, you do not have to say anything further. Do not make any additional statements, offer any excuses or explanations, or sign anything until your attorney is with you.
  • Remember that you do not have to consent to a search of your property. During your arrest, you may be subjected to a pat-down of your clothing to ensure that you do not have a weapon. Be aware that stating that you do not consent to a search of your property does not guarantee that this search will not take place, but making your objections known before the search takes place can preserve your rights in later proceedings.
  • Hire an experienced Colorado Springs criminal defense attorney to provide further guidance and assistance as you navigate the criminal court proceedings.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Our Practice Areas

We offer experienced representation of clients who are facing the following charges:

Domestic Violence

Colorado law defines domestic violence as an act or threatened act of violence upon a person with whom the accused has had an intimate relationship. Domestic violence is not an independent crime, but a sentence enhancement, meaning that it increases the penalty of an offense perpetrated against a current or former dating partner or spouse.

Traffic Violations

Traffic violations can range from tickets for speeding or distracted driving to DUI to felony vehicular homicide. A criminal defense attorney can not only prevent you from losing points off your license that would place you in jeopardy of being unable to legally drive in the state, but can also protect your freedom and finances from charges that could result in incarceration or heavy fines.

DUI

Driving under the influence of alcohol or drugs can carry stiff penalties in Colorado, even for first-time offenders. A first time DUI carries a penalty of up to one year in jail, up to $1,000 in fines, up to 96 hours of useful public service, and a driver’s license suspension of up to 9 months. The penalties are even more severe for repeat DUI convictions. An experienced Colorado Springs criminal defense attorney can work to get your charge reduced or even dismissed, if the facts of your case allow it.

Unlawful Distribution

Unlawful distribution of a controlled substance in Colorado can result in a misdemeanor and probation, or it can result in lengthy incarceration and a fine of up to $1 million, depending on the type of drug distributed and the circumstances of the case.

Marijuana Cultivation

In spite of marijuana’s legal status for both recreational and medical use for individuals age 21 or older, it is still a crime to grow, possess, or sell large amounts of the drug. Further, the state is very strict on marijuana charges in which a minor has been accused of cultivating the drug or an adult is furnishing the drug to minors.

Assault and Battery

Assault is defined in state law as knowingly or recklessly causing bodily harm to another individual, with or without a weapon. While the sentencing of assault crimes varies widely, those who are convicted of 1st degree felony assault face up to 32 years in prison and up to $750,000 in fines.

Theft

Felony theft is a charge given to crimes in which a person is accused of stealing another person’s property worth at least 2,000, or any amount of property from an elderly or disabled individual. Upon conviction of a felony theft charge, you can face many years of incarceration and thousands of dollars in financial penalties.

Weapons Charge

Colorado allows those 18 years or older to possess firearms unless prohibited from doing so. Some of the conditions that will prohibit a person from being able to legally carry a weapon include those who are fugitives from justice; those who are under a protective order; illegal immigrants; those who are under the influence of or addicted to illegal drugs; and those who are convicted of a felony.

PTSD Defense

Since the 1970s, post-traumatic stress disorder has been used as an insanity defense. If you have been accused of a crime and you suffer from PTSD, it is important to inform your attorney of this fact, as it could help reduce the consequences you face.

Expungement

Expungement is a process in which a criminal record in the state is sealed, making it inaccessible to your employers or other members of the public.

Drug Possession

Possessing certain illegal drugs in Colorado can result in serious consequences. Let your experienced criminal defense attorney provide guidance that can assist you in avoiding jail time and financial penalties for this charge.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

Should I hire a criminal defense attorney?

If you have been charged with a crime in Colorado Springs, you should always at least discuss your case with an experienced criminal defense attorney. They will be able to review your case and help you determine your best path forward. Criminal laws are not easy for individuals with no formal legal training to maneuver, and there is too much on the line to leave it all up to chance.

Is it worth getting a lawyer for a misdemeanor?

You may think that a misdemeanor charge is too minor to hire an attorney for, but that is likely a mistake. Misdemeanor charges can still carry serious consequences and have a negative impact on your future. Speaking with a criminal defense attorney about your misdemeanor charges as soon as possible will give you your best chance at a favorable outcome in your case.

How do I choose a criminal defense attorney?

When choosing a Colorado Springs criminal defense attorney, there are a few important factors to consider. Here are some questions you can ask your attorney before you hire them so that you can feel confident in your decision:

• What is your personal experience with cases like mine?

• What do you honestly think about my case?

• How are your legal fees structured?

• Who will be my point of contact, and how will most of our communication take place?

Experienced Criminal Defense Lawyer

Colorado Springs Criminal Defense Attorney Near You

Our team of Colorado Springs criminal defense lawyers has defended clients against all types of charges and can provide you with the staunch advocacy you need. Right Law Group is committed to diligently defending your legal concerns.

A criminal charge — no matter what it is — is serious. You want an experienced Colorado Springs criminal law attorney who can offer the legal support you need. We are happy to provide an initial legal consultation at our Colorado Springs office. Contact us today for a FREE consultation.