You’ve been arrested and charged with a crime. You made bail. You have a date on which to return to court for further proceedings – whatever they are? Is this a serious problem? What are the potential consequences of these charges? What happens next? What should I do?
We always recommend consulting with an experienced criminal defense attorney, in order to find out the answers to these questions, as well as the many others you probably haven’t even thought of yet. The criminal justice system becomes more complex, and more dangerous all the time. You are probably just the “next notch” on the handle of some young deputy district attorney’s gun. The District Attorney’s policies on prosecuting various cases varies widely, depending on the county you are in. You need to know whether to proceed with plea negotiations– Do I just take the offer the DA is offering to me, or do I take the case to trial? What do I need to consider in order to make that decision? Before you make any decisions – call and discuss your case with one of our experienced criminal defense attorneys and former prosecutors. Don’t try this one on your own. Your future depends on getting this one right.
Your due process rights include:
The right to remain silent
The right to an attorney
The right to a fair and public trial
The right to an impartial jury of your peers
The right to be heard in your own defense
An automatic presumption of innocence
Protection against self-incrimination
An experienced defense attorney can advise you:
What the prosecutor must prove in court
Whether your Miranda rights have been violated
Whether you should accept a plea offer or go to trial
We work on the following types of criminal cases:
The argument with your spouse escalated into a screaming match. One of your neighbors called 911. The police came and now you’re under arrest for domestic violence – in the back of a police car, on the way to jail. Your spouse and kids are back at home alone. You’re very much in shock.What happens now?
You will probably stay in jail until the bond hearing, where bond will be set and the Judge will advise you of the terms and conditions of your bond. Hopefully you are able to make bond. You will be prohibited from communicating with your spouse, and probably your kids, by any means – no phone calls; no text messages; no Facebook posts, etc. You will be excluded from your home – all part of a mandatory restraining order. Under the best case scenario, it will be weeks before you can go home or communicate with your spouse and kids. You need to make arrangements to stay with a friend or family member. You need someone to retrieve some of your clothes and personal belongings. You definitely need an attorney. These are very challenging cases with a myriad of potential direct and collateral consequences. Don’t wait. Don’t try to handle this one on your own. Call or email us. We can help you.
You were just heading home from a office party when…
The siren has stopped screaming; the red and blue overhead lights are flashing; the law enforcement officer has left his/her vehicle and is walking up to the driver’s window of your car. You know that you have consumed alcohol earlier. Your adrenaline is spiking. What happens next? What should I do?
Whether it is the first time you’ve been pulled over on suspicion of DUI or your second or third time, it is always an anxiety filled event. You are potentially facing jail time, hefty fines, revocation of your drivers license, and months of alcohol classes and monitored sobriety. No time to lose your cool. Take a deep breath. Be prepared to be evaluated by someone whose goal is to decide whether to arrest you for DUI.
In Colorado, roadside sobriety tests are VOLUNTARY – you do NOT have to do them. Standard Field Sobriety Tests (SFST’s) are notoriously inaccurate. Some say they are actually designed for failure. We recommend to our clients that you do NOT have to breath into the portable breath test device (PBT). The PBT is so unreliable that it is not permissible as evidence in court. We usually recommend to our clients that they politely DECLINE to do them.
Depending on the facts of your case, there are many other aspects of what may happen next – too many to discuss here. Recent changes in the law make a refusal no worse than being found to be over the limit (0.08), with regard to license revocation. In fact, taking the test, resulting in a high BAC may be worse than not taking the test at all. If you have any kind of drugs in your system, the blood test may discover them. Beware. If in doubt, take the breath test.
Be pleasant and cooperative with the officer(s), but remember – everything you say WILL be used against you. Be brief. Save the details. Don’t initiate a conversation while you’re in the backseat of the police car. Your statements are NOT protected by Miranda. Do NOT request to be given a ride home or to not be charged with an offense. That only makes things worse. You have no right to talk to an attorney before you are actually in custody, so don’t ask.
If you have already been arrested and cited for DUI/DUID/DWAI, call us. We can help you. A lot of twists and turns lie ahead – we don’t recommend that you try to navigate them on your own. Call 303.443.6690 for a free consultation.
DUID - COLORADO CANNABIS LAWS
You flew into Colorado to visit and try out some of the State’s exotic cannabis products. You didn’t account for the effects of the elevation change or the fact that the new strains of cannabis are several times more potent than anything you may have tried back in the day. You just had to open the container of marijuana and take a toke from that new pipe you bought at the recreational marijuana store. You didn’t count on getting lost in the dark in a strange town on the way to your destination. Now you’re dealing with a police officer who is arresting you for driving under the influence of drugs; open container of marijuana; and for failing to signal for that last turn. Now what?
What are the Colorado Cannabis laws
Firstly, if you’re going to smoke marijuana in Colorado and operate a motor vehicle, you need to understand the law. You can’t smoke marijuana in the car. With certain exceptions, you can’t have an open container of marijuana in the car. It is always illegal to operate a motor vehicle in Colorado while under the influence of any drug or intoxicant, including marijuana.
You will probably be requested to submit to a chemical test of your blood. If a chemical test reveals a THC content of 5 nanograms per milliliter of whole blood, or more, there will exist a permissive inference that you were under the influence of one or more drugs. Even if the test does not reveal that level of THC, you may be charged with DWAID (driving while ability impaired by the consumption of drugs).
Secondly, if you are reading this because you are planning on consuming cannabis in Colorado, be sure that you have first acclimated yourself to the altitude and properly hydrated. Don’t drive until you have experimented with the potency and effects of the product you choose. You may be surprised by the effects and the timing of their onset. It is simply not safe or wise to assume that you can safely consume cannabis and drive.
Marijuana/Cannabis Arrests in Colorado
Thirdly, if you have been arrested or cited, there will be many hurdles to clear in defending the case. They will be all the more difficult if you are from out of state. You really don’t want to try defending yourself on these charges. These cases can be protracted. They can be complex. They can generate long-lasting consequences. We can help you get through this. Call us for additional information and a consultation.