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Criminal Defense Attorney in Colorado Springs


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Colorado Springs Criminal Defense Lawyer

Being arrested and charged with a crime in El Paso County 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? We have experienced attorneys that can help you understand the answers to those questions and provide valuable guidance that can help you to protect your rights and your freedom.

Have you been charged with a crime in Colorado Springs? 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.

What to Do If You’ve Been Arrested In Colorado Springs

According to the American Civil Liberties Union (ACLU), one of the most important things you can do when dealing with police 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 additional statements, offer 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 under the Fourth Amendment. During your arrest, you may be subjected to a pat-down of your clothing to ensure 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 criminal defense attorney in Colorado Springs to provide further guidance and assistance as you navigate the criminal procedure.

Do I Have to Answer Police Questions Without a Lawyer?

View Transcript

You do not have to answer police questions without a lawyer present. The problem is, police in any state are legally allowed to lie to you. And I don’t say this to be disrespectful—it’s simply part of their practice. They’re permitted to use deception to try to get you to talk.

What police are looking for is evidence of a crime, and the primary way they gather that is by getting you to speak. They may keep asking you questions, hoping you’ll eventually say something that could incriminate yourself.

Legally, the only questions you’re required to answer are those needed for identification: your full legal name and your date of birth. Beyond that, you are not obligated to say anything.

If officers continue to question you, simply respond: “I prefer to remain silent. I’m exercising my right to remain silent.”

They may try to pressure you. They might say something like, “It’s really going to help your case if you answer this.” But let me be clear—that’s a lie. It never helps your case to provide more than your name and date of birth. They don’t need additional information unless you give it to them.

The only reason they claim it will help your case is to get you to offer statements that could potentially incriminate you.

So no—you do not need to answer any questions beyond the legally required identifying information. And you absolutely should not.

 

Colorado Springs Criminal Defense Lawyer – Practice Areas

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

Domestic Violence Charges

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 it increases the penalty of an offense perpetrated against a current or former dating partner or spouse.

Serious Traffic Violations

Serious Traffic violations can range from a high level speeding ticket such as driving 30 miles over the speed limit 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 Charges

Driving under the influence of alcohol or drugs can carry stiff DUI consequences in Colorado Springs, even for first-time offenders. A first-offense 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 12 months.

The penalties are even more severe for repeat DUI convictions. An experienced Colorado Springs DUI lawyer 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 Springs is a drug charge that can result in a felony conviction and probation, or it can result in lengthy incarceration and a fine of up to $1 million, depending on the type of drug distribution and the circumstances of the case.

Marijuana Cultivation

In spite of the legal status of both the recreational and medical use of marijuana for individuals age 21 or older in Colorado, it is still a crime to grow, possess, or sell large amounts of the drug. Further, the state is very strict on marijuana drug 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 aggravated assault crimes in Colorado Springs 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 in Colorado Springs is a charge given to crimes in which a person is accused of stealing another person’s property. It is a felony charge if the property stolen is worth at least $2,000 or if any amount of property is stolen 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 restraining 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 recognized as a potential mental health defense for a range of crimes. If you have been accused of a crime and suffer from PTSD, it is important to inform your attorney of this fact, as it could help reduce the consequences you face.

Drug Possession

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

Office Location in Colorado Springs

Our office conveniently sits off I-25 in Colorado Springs.

 

Counties Served From Our Colorado Springs Office

We serve El Paso, Pueblo, Fremont and Teller Counties from our Colorado Springs Office. Check out our other office locations in Castle Rock, Denver and Highlands Ranch

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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?

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