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Misdemeanor Defense in Colorado

Defense against misdemeanor-level criminal charges in Colorado state courts.

Charges we defend

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Attorney Q&A clips

So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault. But then the act that is done has to be an act. Sometimes people say choking, but it's actually strangling putting your hands around another person or causing something to cut off airflow to another person.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
What's crucially important is that if you find yourself unfortunately charged with a strangulation, you need to have a criminal defense attorney that can dig in and determine whether it is actually rising to that level of strangulation to warrant a felony charge. Or whether this is a third degree assault or even a harassment that was wrongly charged because someone gave a keyword like neck.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
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Key legal concepts

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Relevant Colorado statutes

Client testimonials

The situation

My DWAI case was over 11 years old and I was faced with the difficulty of now living out of state

What changed

Gannon and the team were able to quash my bench warrant almost immediately

The result

they were able to get my charges dropped and my case dismissed

Gage R. Gannon Becker★★★★★Google verified
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The situation

my DUI (first time and will only be the one time)

What changed

They negotiated with the DA and dropped certain charges and lessened one

The result

Didn't pay a fine only court costs

Edward L.★★★★★Google verified
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Frequently asked questions

After I hire your firm for my DUI case, what happens next and how will you communicate with me?

Alexis explains: "immediately um because that is one thing that is incredibly crucial as far as timing for duis go the actual criminal side of things takes a lot longer to get to the court system awesome cool oh learn something every day um so once we are called and we are hired what happens after that with a dui case so every law firm operates a little differently i can tell you what right that's definitely um what we do at wright law group is we are really big on being very very communicative with our clients we make sure that our clients can text us call us email us facebook us whatever they need to do we actually have had a couple of clients call us from the back"

Answered by Alexis Austin Litle · Watch clip
After my arrest in Colorado, how soon must I appear before a judge for my initial appearance?

Right Law Group's guide explains: "Bail and Pretrial Release // Right Law Group When arrested and charged with a crime, your Fourth Amendment right requires you to obtain an initial appearance before a district court judge within 48 hours."

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Am I going to be required to do alcohol classes or some kind of treatment program if I'm convicted?

Alexis explains: "dui cases you're going to have to go if you are convicted or take a plea for anything that is an alcohol related offense if it's the dui if it's a dwai even if it's what we call a wet reckless if you have any of those please you have to do alcohol treatment and therapy"

Answered by Alexis Austin Litle · View source
Am I going to have to do community service on top of everything else?

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them"

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Am I going to have to go to jail?

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them."

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At my DUI stop the agent asked whether I got a yellow piece of paper called an express consent affidavit. What is an express consent affidavit?

The express consent affidavit is a specific form tied to your DUI stop and what happens with your license. Alexis explains: "there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed." In her description, the DUI officer fills out the form, and it records whether you chose a breath test, a blood test, or a refusal. Alexis notes that this is the document sent to the Department of Motor Vehicles to determine how they proceed. The DUI statute it ties back to is C.R.S. 42-4-1301, available at https://hub.rightlawgroup.com/statutes/crs-42-4-1301.

Answered by Alexis Austin Litle · Watch clip
At what amount does fentanyl possession become a felony in Colorado?

Colorado lowered the felony threshold for fentanyl. Under C.R.S. 18-18-403.5, knowingly possessing a material, compound, or mixture that weighs more than one gram and not more than four grams and contains any quantity of fentanyl, carfentanil, or a related compound is a level 4 drug felony, effective July 1, 2022. For most other schedule I and II substances, simple possession up to four grams is a level 1 drug misdemeanor. The one-gram fentanyl trigger is far lower than the general four-gram line, so a small amount that would be a misdemeanor for another drug can be a felony when it contains fentanyl.

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Becoming a felon is my single biggest fear in this case. What all comes along with being a felon?

Being a felon carries consequences well beyond the sentence itself, reaching into many parts of daily life. Alexis explains: "So, collateral consequences when it comes to felonies can be wide ranging. Can be impact on employment, getting jobs, getting certifications from the government. If you possess a professional license, it could prevent you from keeping that license and being able to work in a field of your choice. It can have an impact on trying to secure housing. And then also in the community, being a felon can have a stigma with family, friends, and the community that can have an impact on your life in addition to those that could be housing or employment. Travel to foreign countries can be impacted by a felony conviction." She calls these collateral consequences and describes them as wide ranging. They include employment, government certifications, professional licenses, securing housing, and even travel to foreign countries. She also notes a felony can carry a stigma with family, friends, and the community that affects your life on top of the housing and employment effects.

Answered by Alexis Austin Litle · Watch clip
Beyond lawyer fees and court costs, what are the real costs of a first DUI in Colorado?

Right Law Group's guide explains: "The costs of DUI go far beyond lawyer fees and court costs. If you find yourself facing your first DUI in Colorado , you might be hoping for some leniency."

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Can doing my DUI requirements early help me get unsupervised probation instead of supervised?

Alexis explains: "the end point because a lot of my clients that i've worked with over the years don't want to be on supervised probation because they don't want a probation officer breathing down the neck which makes sense and probation costs money so if they're doing all these things in advance it can keep it so that they don't have to have a supervisor on probation they can do what's called unsupervised probation um and be able to just turn in everything either to the law firm to the courts directly oh perfect perfect yeah i was gonna say like we really like to jump get proactive get ahead of it come up to court ready to go we already have stuff um handled so"

Answered by Alexis Austin Litle · Watch clip
Can I challenge the lab test results the prosecution is using in my drug possession case?

Right Law Group's guide explains: "You’ve been charged with drug possession based on lab test results that identified the substance as an illegal drug. The prosecution treats those lab findings as absolute truth."

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Can I refuse a breath or blood test in Colorado even if the officer says I cannot?

Alexis explains: "going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not"

Answered by Alexis Austin Litle · Watch clip
Can possessing an illegal drug be charged as a drug misdemeanor in Colorado?

Alexis explains: "So, if you're looking at possession of an illegal drug, so it could be something like heroin or something like a a large amount of marijuana or a large amount of mushrooms. Um, or a large amount of any classified substance could be considered a drug misdemeanor depending on the type of drug and depending on the amount of the drugs the person has."

Answered by Alexis Austin Litle · Watch clip
Can you just give me a ballpark number right now, without going through the whole intake process?

Right Law Group's guide explains: "According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650. Not much of a price tag when you factor in that first-offense DUIs in Colorado cost an average of $13,530 when all the costs are tallied."

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Could a simple mistake on the parks or trails get me charged with trespassing?

Right Law Group's guide explains: "Living in Castle Rock, you likely enjoy the beautiful parks and trails that wind through our community. However, a simple mistake could land you with a trespassing charge and serious legal consequences."

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Could I actually go to jail even though this is my first DUI?

Right Law Group's guide explains: "you can lose your license for up to nine months, spend up to a year in jail, and end up spending thousands in court costs and related fees."

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Did Colorado pass a bill bringing felony level drug charges down to misdemeanors?

Alexis explains: "Colorado has actually passed a new bill that is bringing our felony level drug charges down to misdemeanors"

Answered by Alexis Austin Litle · Watch clip
Did Colorado reduce some felony drug charges to misdemeanors, and what amounts qualify?

Alexis explains: "so beginning in March first Colorado has actually passed a new bill that is bringing our felony level drug charges down to misdemeanors so what we had before is we would have people coming in with like two or three grams of heroin or meth and they were charged as felons now that's only going to be a misdemeanor everything under four grams of methamphetamine cocaine heroin anything like that is being charged as a misdemeanor"

Answered by Alexis Austin Litle · Watch clip
Do I actually have to show up in person to every single court date, or can my lawyer go for me sometimes?

In a verified client review: "When I needed representation within a week they were there for me immediately and I didn't need to show up for certain hearings."

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Do I have to do the field sobriety tests an officer asks me to perform during a DUI stop?

Alexis explains: "so they'll also ask to put you through some things that are called sfsts it's standard field sobriety tests a lot of you probably have seen these it's things like doing a walk and turn test standing on one leg some some people still do the touch your nose even though that's not standardized but going through these tests you can do them if you want but you do have the right to refuse to do them they're also"

Answered by Alexis Austin Litle · Watch clip
Do I have to get one of those breathalyzer interlock things put on my car even for a first offense?

Alexis explains: "a lot of first-time offenders will only have to keep an interlock device installed in their car for nine months"

Answered by Alexis Austin Litle · View source
Do you have an idea what the quote would be, or do you charge some kind of average rate?

Right Law Group's guide explains: "According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650."

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Does an officer need a reason to pull me over before a DUI stop?

Alexis explains: "another question that well just more give you guys information of what also comes along with dui charges do you just get pulled over you get a dui is it only people are also speeding is it are there typical general combined charges with that that is a great question i can talk all day about this i'll try to be brief yeah so the basic idea is the police cannot contact you without a reason um in legalese we call it reasonable articulable suspicion that criminal activity is afoot"

Answered by Alexis Austin Litle · Watch clip
Does it even matter whether you plead the fifth at a DUI stop, or does it not make a difference to your case either way?

Alexis explains: "you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you"

Answered by Alexis Austin Litle · View source

Each answer links directly to the source where a Right Law Group attorney addressed this question.

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