DUI Accidents – What NOT to do Following Your Arrest

October 21st, 2014

SONY DSCIf you have been arrested for DUI in the state of Colorado, you may be embarrassed, anxious, and frightened for your future. While it is normal to have all these feelings, this is no time for hesitation. Decisive action at this point can alter the outcome of your charges, giving you a much better chance of a positive result.  According to the Denver Post, one in three Colorado drivers who are arrested for DUI have a prior DUI arrest. The state of Colorado is one of only four states, which do not currently have a felony DUI offense charge. Nevertheless, being charged with DUI in Colorado is a serious matter, and requires immediate action to fully protect your rights. Read the rest of this entry »

Felony Drug Possession in Colorado Springs

September 2nd, 2014

cop-arrestSince the enactment of Colorado Amendment 64, adults over the age of 21 are allowed to legally purchase and possess up to 1 ounce of marijuana. Yet while marijuana possession is now legal in the State of Colorado, possessing other illegal drugs is not. In fact, most drug crimes are considered felony offenses. And if you are convicted of drug possession in Colorado, you could spend years behind bars. Read the rest of this entry »

Sentenced to Probation: What Does That Mean?

August 7th, 2014

PoliceTstopThose charged with a crime in Colorado, including most any misdemeanor or felony offense, face any one or more of the following; jail, prison, fines, or probation. And, while serving jail or prison time, or paying a fine all seem self-explanatory, the term probationary sentence can be less clear. What does the term “probation” really mean—and how will it affect your life? Read the rest of this entry »

Consequences for Hit and Run Drivers in Colorado Springs

July 11th, 2014

PoliceTstopLegal obligations of persons who are in accidents involving injuries vary from state to state. However, they must typically notify emergency personnel at the very least, and some states mandate the uninjured driver must assist the injury victim in other capacities, if necessary. It is also the duty of all persons involved in the accident to share personal contact and insurance information with one another. If a driver leaves the scene of the accident hastily without having met these requirements, he or she could face civil and criminal ramifications. Read the rest of this entry »

What are the Miranda rights?

June 19th, 2014

cuffs-behind-backWhenever someone is arrested in Colorado Springs, Colorado, or anywhere in the United States of America, the police will read you your rights. These rights are known as your Miranda rights and they address your 5th Amendment and 6th Amendment rights. While there is no specific language that must be used or recited by the arresting officer, in general, Miranda rights must inform suspects in custody of the following:

  • The right to remain silent
  • The right to an attorney
  • Anything you say will be used against you in a court of law
  • If you cannot afford an attorney, one can be provided for you

If an arresting police officer believes or has reason to believe that the suspect does not understand these rights—either because of a language barrier or other disability—then an interpreter must be brought in to translate before a proper interrogation can begin. Read the rest of this entry »

Will DUI be a Felony in Colorado?

May 13th, 2014

Mothers Against Drunk Driving and other legislators are lobbying hard for House Bill 14-1036, which would make a felony DUI law in Colorado. Now, Colorado is just one of 4 states that does not have a felony DUI law already in place. Their reasoning is a list of shocking Colorado DUI statistics, including:

  • Drunk driving fatalities in 2012 represented 28% of all total traffic deaths
  • There were 25,385 DUI arrests in 2012
  • 7,309 individuals refused to submit to a breath, blood, or urine test in 2012
  • $704 million in taxpayer subsidy of drunk driving fatalities in 2012 alone
  • 32.8% of underage Colorado teens have used alcohol in the past month Read the rest of this entry »

Disorderly Behavior: Can I get Arrested for Being Drunk?

April 22nd, 2014

Being drunk in public is not a crime—as long as you are legally old enough to drink. In the State of Colorado, the legal age to purchase and consume alcohol is 21. As long as you are 21, you cannot be arrested simply for being drunk in public. What you can be arrested for, however, is drunk and disorderly conduct or disorderly intoxication. There is considerable gray area here in this law, and it is based on the subjective nature of the police officers at the time of the arrest. As such, it is imperative that you retain an experienced Colorado Springs criminal defense lawyer immediately after you are arrested for disorderly intoxication. Read the rest of this entry »