Facing DUI Charges In Colorado?

What Happens If You Are Charged With A DUI In Denver?

When you are charged with driving under the influence, a number of things can happen that will affect your life.  For one, the State of Colorado may revoke your driver’s license, depending on your blood alcohol level or whether you refused any chemical testing. Choose a DUI attorney Denver that has the experience and knowledge to get a case to resolve your case with the best possible outcome, either by plea agreement or taking the matter to trial.

Choosing An Attorney Who Fights Cases Like Yours Every Day

Richard B. Huttner is a criminal defense lawyer who has defended several thousand DUI cases, particularly those involving chemical and field sobriety tests. As a founding member of the National College of DUI Defense, Attorney Huttner has received specialized training to defend those who have been charged and will challenge police evidence.

FOUR COMMON FACTORS IN MOST DUI CASES

DUI Charges have multiple components and those charged with a DUI will be dealing with two courts. On the one hand, you will be dealing with a Criminal Court Issue and on the other hand, you will be dealing with Administrative Court Issues relating to your license.  The main four factors involved in DUI Cases are:

  • Why the officer pulled you over
  • What the officer observed during the traffic stop
  • Field sobriety test results
  • Breath or urine test results

It is important to have a Denver DUI Attorney on your side as early as possible as your employment and other life matters may be greatly affected. An experienced attorney will properly defend the case because an experienced attorney knows that often the government may not have a strong enough case to convict you.

When to Call A DUI Attorney

Anyone who has done jail time or faces the possibility of incarceration should seek the best legal counsel immediately.  Oftentimes, people feel that they are automatically guilty because they were taken to jail, paid their bond, and play right into the government system.  Whether you are guilty as sin or wrongly accused, a Denver DUI attorney is necessary to defend you against charges.   By applying your Constitutional rights and other relevant factors, often there is enough evidence to fight DUI charges without going to trial.

What is Stalking?

What You Need To About Stalking In Colorado

What is Stalking?  Colorado Revised Statute Section 18-3-602 defines Stalking as directly or indirectly through another person knowingly making a credible threat to another person and in connection with the threat, repeatedly follows that person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship, OR

  • (b) Makes any form or communication with that person or a member of that person immediate family or someone with whom that person has or has had a continuing relationship regardless if conversation ensues OR
  • (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress.

Credible Threat In Colorado

A credible threat means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the personal safety or the safety of his or her immediate family or someone with whom the person has or has had a continuing relationship.  The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

Misconception Of Behaviors

Innocent behavior could be considered stalking.  Appearing at the same location or locations where the person happens to be can be considered stalking.  The issue of credible threat entails causing a person to fear for their safety or the safety of his or her immediate family or a member of that person’s immediate family or someone with whom that person has or has had a continuing relationship.  A threat together with the following or contacting the individual makes innocent behavior criminal.

Internet Stalking

What about internet stalking?  Section (c) addresses contacting a person by any form of communication that would cause a reasonable person to suffer serious emotional distress. The section would seem to look at the form of communication–but doesn’t seem to address the information being conveyed.  The information may be what causes emotional distress and not the form of communication.

Felony Charges

Stalking is a felony in Colorado and would subject a person to a potential sentence in the Colorado Department of Corrections–or prison.  A first offense is a class five felony and a second offense within seven years of a first offense or if there is a protection order at the time of the offense it is a class four felony.   Stalking is often considered a domestic violence offense.  Given the nature of the crime, Judges often impose a prison sentence to protect the victim of the stalking.

Get Help Now

If you have been charged with Stalking you should hire an experienced attorney to defend your rights and fight for your freedom.

How a Denver Attorney Can Help in Domestic Violence Cases

When Things Go South

When people start a relationship they hope for the best, but unfortunately, things do not always turn out that way. Domestic disputes are the things that plague many couples in the metro Denver area. While it is hoped that domestic violence is not something a couple has to go through if it is then a Denver domestic violence attorney should be contacted. For those accused of domestic violence charges, here are some issues to be aware of.

Everyone has the right to be safe and protected

If a person has suffered violence or abuse or is threatened with violence or abuse from their domestic partner, they have Domestic Violence Attorneyevery right to contact local law enforcement and to take steps to ensure their safety. A Denver domestic violence attorney will tell anyone that pressing domestic violence charges is a serious matter and will take time and resources for law enforcement, legal counsel, the justice system, both parties involved and any witnesses to any alleged incidents.

Pressing charges is a serious matter

Making false claims of abuse against a partner or another person is against the law. False charges could result in a counter lawsuit against the original party pressing charges.  A Denver domestic violence attorney will be able to defend a person against any false charges of domestic abuse, and depending on the circumstance, the individual to that party and the case could advise pressing charges against the original party who pressed the false charges.

Domestic abuse can fall under civil or criminal law

Depending on the nature of the case, a party could press civil and/or criminal domestic abuse charges against another person or party. Civil charges would include things like a person pressing charges for a protection order against their domestic charges. Criminal charges would include any charges pressed by law enforcement officials for crimes such as harassment, assault, stalking or murder. Whether charges are pressed by a domestic partner or law enforcement, a Denver domestic violence attorney will be able to properly defend a client against either civil or criminal charges.

Domestic protection orders should not be violated

If a person has a domestic violence restraining order, the partner who is given the order should make sure not to violate the order. Violating a domestic violence restraining order can negatively impact a domestic violence case, and could result in more charges or an immediate arrest. A Denver domestic violence attorney will be able to advise any clients with a domestic violence restraining order against them.

Always speak to a lawyer

If you are charged with domestic violence, before speaking to the police, admitting any possible fault or involvement, or making any other sort of official statement, you should always contact a Denver domestic violence attorney first. Be sure to tell your attorney the facts of what occurred, and do not add false allegations or embellishments. The attorney should always be advised if there are details about the incident that were not mentioned earlier as this could potentially alter any civil or criminal court proceeding.

 

Sex Offender Sentencing

Sentencing Guidelines For Sex Offenders In Colorado

Colorado Sentencing guidelines for sex offenders are very strict and leave Judges little discretion. In some circumstances, a sex assault conviction requires prison for an indeterminate amount of time–which could mean the rest of your natural life. The indeterminate sentencing is mandatory for some crimes and for some crimes it is discretionary, meaning if a judge sentences a person to prison it is indeterminate versus a probation sentence.

Available Options

In a case in Boulder, a young man was convicted of sex assault and the Judge was given two options. The prison was not mandatory but any prison would be an indeterminate sentence to the department of corrections which could mean a life sentence. The individual was eligible for probation. Now probation on a felony can include up to two years in work release or 90 days of jail without work release as a condition of probation.

The Outcry Against Sentencing

There is a huge outcry against the sentence. The sentencing statute created the outcry because of the limitations on the Judge. The Judge did not have the power to sentence the individual to a definite term in prison. The Judge was left with indeterminate which means the Parole Board will release you when you are no longer a threat or Probation.

Seriousness Of Sex Offenses

Sex offenses are the most serious crime outside of homicide. The sentencing is harsh. The public outcry can be crushing. The legislature thought it would take the power away from the Judges in deciding how long a sex offender should serve in prison. Instead, it has left Judges with the unenviable task of deciding if an individual deserves a potential life sentence or years and years of probation with a lesser amount of jail.

Management Of Sex Offenders In Colorado

What Crimes Form The Sex Offender Designation?

Under Colorado Law: 6-11.7-102(2)(a) C.R.S. any individual that has been convicted or adjudicated for the following offenses is considered a sex offender:

  • Committing any sex-related offenses
  • A previous conviction for sex offenses or a history of the latter in or out of state
  • Any current or previous conviction in the state whose basis involved a sexual offense
  • Any juvenile who commits a sexual offense is also designated as a Sex Offender

Sources: Colorado.gov

If you are charged with a sex offense. Seek experienced Legal Counsel.

Colorado criminal code offenses against public peace order decency harassment

The Crime of Criminal Attempt in Colorado

Criminal attempt in Colorado is defined as: Intentionally engaging in conduct that constitutes a substantial step towards the commission of a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-101 (7)

Criminal attempt to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-101 (6)

  • Criminal attempt to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-101 (5)
  • Criminal attempt to commit a class 5 or class 6 felony is a class 6 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 4 felony is a class 5 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 3 felony is a class 4 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 2 felony is a class 3 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 1 felony is a class 2 felony. 18-2-101 (4)

The Crime of Conspiracy in Colorado

Criminal conspiracy. A person who agrees with another person to engage in conduct that constitutes a misdemeanor defined outside of the Criminal Code, or who agrees to attempt to commit such a misdemeanor, or who agrees to aid another in the planning, commission, or attempt to commit such a crime, with the intent to facilitate or promote the commission of such crime, commits a class 3 misdemeanor. 18-2-201 (5)

  • Conspiracy to commit a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-206 (5)
  • Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-206 (4)
  • Conspiracy to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-201 (5)
  • Conspiracy to commit a class 5 or class 6 felony is a class 6 felony. 18-2-206 (1)
  • Conspiracy to commit a class 4 felony is a class 5 felony. 18-2-206 (1)
  • Conspiracy to commit a class 3 felony is a class 4 felony. 18-2-206 (1)
  • Conspiracy to commit a class 2 felony is a class 3 felony. 18-2-206 (1)
  • Conspiracy to commit a class 1 felony is a class 2 felony. 18-2-206 (1)

The Crime of Solicitation in Colorado

Criminal solicitation. A person who attempts to persuade another person to commit a felony defined outside of the criminal code and for which no penalty is specified commits a class 6 felony. 18-2-301 (5) and 18-2-101 (4)

  • Criminal solicitation to commit a class 5 or class 6 felony is a class 6 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 4 felony is a class 5 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 3 felony is a class 4 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 2 felony is a class 3 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 1 felony is a class 2 felony. 18-2-301 (5) and 18-2-101 (4)

Have you been arrested and charged with a public peace order offense or decency harassment?

If so, contact our office immediately to learn about your options with a no-cost criminal defense consultation.

Denver Office: 303-981-6366
Englewood Office: 303-595-4342