Criminal Defense in Colorado

If a police officer contacts you demanding that you come in and give a statement, the answer does not change because of the deadline or the threat of a warrant. Alexis explains: "the true answer is not alone ever under any circumstances should you ever ever ever ever ever talk to the police if you're possibly being charged not without an attorney." She is clear that the one exception is when you already have an attorney who has decided a conversation makes sense, and in that case your attorney can go with you and do the interview with you. Short of that, Alexis says you do not want to walk yourself down to the police station and voluntarily go in and start talking. In her words, every defense attorney cringes when they hear that someone did.

Dismissal is a real possibility when the police investigation can be challenged, because flaws in how officers handled the case can be raised in court. Gannon explains: "So, there's always ways to undermine the police officer's investigation, their thoroughess, their due diligence. And if they didn't take certain steps the right way, sometimes we can bring it to what's called a motions hearing and basically have the judge make a legal determination that they either violated your rights or that they did not do the proper investigation and therefore either evidence needs to be suppressed or the case needs to be dismissed." His point is that there are always ways to undermine the officer's investigation, their thoroughness, and their due diligence. When officers did not take certain steps the right way, he says it can be brought to a motions hearing for the judge to make a legal determination. The result of that determination can be that evidence needs to be suppressed or the case needs to be dismissed.

Whether the stop or the search holds up is exactly the kind of thing that gets examined before any plea, and an illegal stop is one of the recognized defenses. Alexis explains: "There are numerous defenses that can be explored. For instance, illegal traffic stops" along with breath and blood testing problems, rising BAC, and "procedural stakes by law enforcement". She is clear that a charge does not mean automatic conviction and that every case deserves a thorough investigation before you consider any plea agreement. In her words, "I've seen charges reduced or even dismissed in cases that initially looked hopeless."

Before deciding how to handle the officer, it helps to know that your core right when police want to question you is the right not to answer. The firm's guide puts it plainly: "an absolute right to refuse to answer police questions. This right exists whether you’re in custody or not. Many people believe they must cooperate or explain themselves to police, but this can be harmful to your case." The same guide explains that this right exists whether or not you are in custody, so you do not lose it just because you have not been formally arrested. It cautions that many people believe they must cooperate or explain themselves to police, but that doing so can be harmful to your case.

Treating a police statement as a harmless repeat of what you already said is exactly where people get into trouble. Alexis is direct: "I've never ever ever seen it go well for someone to talk to the police and give their side of the story because everyone ultimately says one little thing off and then it can start this whole spiral." In her experience, giving your side of the story is not a neutral formality, because one small inconsistency is enough to set off a chain of problems. She frames this from a defender's perspective: her job is to defend her clients, and she has never seen it go well when someone sits down and talks to the police. So going in to give that statement is not the harmless step it can feel like.

Criminal defense firms generally bill one of two ways, and it helps to know the difference before you commit. Alexis explains: "they can either charge based on an hourly basis or a billable rate or a billable hour or they can charge a flat fee a flat rate a flat price". She frames these as the two main models criminal defense attorneys use to bill for their services in a criminal matter. One is hourly, billed against a rate for the time spent, and the other is a single flat fee for the case. Those are the two structures she lays out.

When police ask you to come in for another statement, it is worth understanding what usually drives that request. Alexis explains: "there is very rarely a time when a police officer or law enforcement officer will want to question you and you're not in trouble ... if law enforcement reaches out to you and says hey i need you to come down and give a statement unless you were the witness to some crime if you are actually being charged with something you don't want to go talk to them without an attorney with you". Alexis explains that the one situation where police questioning is not a sign of trouble is when you reached out to them for help and already know what the issue is. When it is law enforcement reaching out to you to come down and give a statement, and you are not simply a witness to some crime, she treats that as a signal you may be the one being charged, and says you do not want to go talk to them without an attorney with you.

Continuing to work while a case is pending is possible, but it takes discipline to keep up with what the court requires. Alexis is direct: "you can stay and work and you can still keep your job". She tells clients they can keep working and hold onto their job, but warns that staying on top of requirements has to be a priority. Alexis is candid that the judges do not care that you are working and will not accept that you did not have time. She suggests practical workarounds, like using a lunch break or running an errand to get a required UA done, or going to a lab with extended hours, so that you get it done.

Whether jail is even possible depends on what level of offense you are charged with. Alexis explains: "When you're charged with a criminal offense it can be either a misdemeanor charge, a felony charge, or a petty offense. Petty offenses are things like jaywalking, minor traffic tickets, even urinating in public is a petty offense". She places minor traffic tickets in the petty offense category, alongside things like jaywalking. Alexis ties the jail question directly to the offense level, noting that whether you are entitled to a jury trial relates to whether the potential offense carries the possibility of jail time. In her framing, if you are facing a potential jail sentence, then you qualify for a jury trial.

A reduction or even a dismissal can be on the table, and part of how that happens is by scrutinizing how the police handled the case. Gannon explains: "sometimes we can bring it to what's called a motions hearing and basically have the judge make a legal determination that they either violated your rights or that they did not do the proper investigation and therefore either evidence needs to be suppressed or the case needs to be dismissed." He describes always looking for ways to undermine the police officer's investigation, their thoroughness, and their due diligence. Gannon explains that when officers did not take certain steps the right way, the defense can bring it to a motions hearing. At that hearing the judge can make a legal determination that your rights were violated or that the investigation was not proper, which can lead to evidence being suppressed or the case being dismissed.

If there is going to be any conversation with police, the firm's view is that it should happen with your attorney at your side. Alexis explains: "if you have an attorney and there's something that your attorney thinks yes you can talk with the police about this your attorney can go with you and do the interview with you". Alexis describes this as the narrow exception to the rule against talking to police alone. When you have an attorney and your attorney decides a conversation makes sense, the attorney can go with you and do the interview with you, rather than you handling it by yourself. Short of that, she says you do not want to walk yourself down to the police station and voluntarily go in and start talking.

How the firm handles payment is something we are upfront about from the start. Alexis explains: "at right law group we are very clear with our clients about how we bill and how we structure our payments we do only flat rates because we believe that's the most transparent and clear but for everyone it's a different preference". She is clear that the firm bills on flat rates rather than another structure, because Alexis believes that is the most transparent and clear way to do it. She also acknowledges that billing preference is not one size fits all, noting that for everyone it is a different preference.

Filing a false report is itself a crime in Colorado, so the person who fabricated the allegation can face consequences. The firm's guide puts it plainly: "In Colorado, false reporting of a crime is a Class 2 Misdemeanor punishable by up to 120 days in jail, a fine of up to $750, or both." The same guide explains that by working with your criminal defense lawyer to develop an effective strategy, you will have a shot to clear your name and prove your innocence. The full guide is on our blog.

Cost should not be the thing that keeps you from quality representation, and the firm builds for that. Alexis puts it plainly: "consider that reputable firms like ours often offer payment plans to make quality representation accessible." She makes that point right after urging people to invest in experienced representation rather than bargain hunt for the cheapest attorney. The takeaway is that a payment plan is offered precisely so the up-front cost is not a barrier to getting started.

One of the ways a criminal case can cost you your license is tied not to the charge itself but to missing court. Alexis is direct that "the DMV can take your license for failing to show up at court". She explains that if you don't show up at court, the courts will put out what's called an OJ W, an outstanding judgment warrant, and that anytime someone fails to appear at court the court system has to issue a warrant. The DMV then gets involved and can take the license. That makes showing up to every court date one concrete thing within your control when keeping your license matters.

Being charged does not require that you actually did anything, because charges can rest on what another person tells the police. Alexis explains: "even if you're completely innocent of the charges that doesn't necessarily mean that another person isn't saying something untrue about you and police are people too they have no way of knowing what person a is saying is true or not and what you are saying is true or not so they have to take all of the evidence that they hear evidencing statements made by other people and they have to determine what they think happened". In other words, an accusation from someone else can put your name on a charge even when you were nowhere near the alleged event, because the police are weighing the statements they were given and deciding what they think happened.

There are limited circumstances where you can avoid appearing in person, but they depend on having an attorney handle it the right way. Alexis is direct: "the only way that you don't have to appear at court is if you have an attorney going for you and has already cleared it or if you're filing the appropriate motions". She explains that post-COVID you can sometimes do webex appearances from out of state if the judge allows. The key point she makes is that skipping court is not a safe option on your own. If you have a court date and just do not show up, a warrant will enter for your arrest, which she calls a failure to appear, or FTA, and you will get arrested the next time law enforcement has any contact with you.

A criminal charge or conviction can carry over into a custody case, so the concern is a real one. The firm's guide explains that "If you are convicted of a crime or charged with a crime and have an outstanding warrant for your arrest, this could cause problems in your custody case as well and lead to temporarily restricted parenting time." The guide notes that a parent with an existing criminal record can find it quite difficult to get or keep custody. It adds that the court will more often than not adjudge custodial rights against a parent who is a repeat offender, viewing unpredictability as unhealthy for a child. It also explains the court is always seeking to grant custody and visitation to parents who show themselves to be fully responsible. The full breakdown is on our blog.

With an arrest looking likely, the most important thing right now is to protect yourself by not talking to the police on your own. Alexis is clear: "not alone ever under any circumstances should you ever ever ever ever ever talk to the police if you're possibly being charged not without an attorney". Alexis says that if you are possibly being charged, you should never talk to the police alone, only with an attorney. She notes the one exception is when you already have an attorney who thinks a conversation makes sense, and in that case the attorney can go with you and do the interview with you. Otherwise, she says, you do not want to walk yourself down to the police station and voluntarily go in and start talking.

No result is certain in any case, but a charge that looks bad at first is not the same as a conviction, and outcomes can shift once the case is investigated. Alexis is direct: "I've seen charges reduced or even dismissed in cases that initially looked hopeless." She frames this in the context of giving up too quickly, explaining that a charge does not mean an automatic conviction and that there are numerous defenses that can be explored. In her words, every case deserves a thorough investigation before you consider any plea agreement. That investigation is what creates the room for a charge to be reduced or dropped rather than simply accepted.

Once you are on board, the firm's first job is to gather everything the state has so a defense can be built. Alexis explains: "so once you call our firm what we do is we start getting to work on your case requesting every single thing the state could possibly have against you to make sure we're building the absolute best defense possible" and that "so once we do that we request the discovery and then we go through to the court process". She describes requesting discovery such as police reports and body-worn camera evidence, and notes the firm uses online filing systems to send clients all of their discovery so they have a copy. After the discovery is requested, she says, the case moves into the court process.

Whether a weapon was involved does matter, because it is one of the factors that sets the degree of a burglary charge. The firm's guide explains the "severity of the charge depends on factors such as the type of property involved, whether a weapon was used, and if anyone was injured during the alleged crime." The guide notes that first-degree burglary involves using, threatening to use, or possessing a deadly weapon, while "Second-degree burglary occurs when someone unlawfully enters or remains in a building or occupied structure with the intent to commit a crime other than trespass." So the absence of a weapon can bear on which degree applies. At the same time, the guide frames the intent element as an intent to commit a crime, not specifically an intent to hurt someone or steal. The full breakdown is on our blog.

You are weighing alternatives to incarceration, and for traffic misdemeanors community service is one of the recognized ways to resolve a case without a longer jail stay. The firm's guide puts it plainly: "performing community service as one form of punishment is an excellent way to pay back the community instead of serving a more lengthy jail sentence." The same guide notes that judges have broad discretion in the types of community service they can order, so long as it is not unduly harsh and serves the general public's best interests. It frames community service as a way first time offenders with traffic misdemeanors can pay back the community rather than serve a longer jail sentence. The full breakdown is on our blog.

An arrest can come from a report alone, and Colorado's mandatory arrest policy in domestic violence situations is built around fast probable-cause decisions rather than advance notice to you. The firm's guide is direct that "an officer must have probable cause before executing an arrest. It should never be a quick decision" but adds that "domestic violence situations don’t often allow time for extended consideration." The same guide describes officers putting out "a warrant for the other party’s arrest without even talking to them to get their side of what happened." In other words, being unaware of a warrant and never having been contacted does not mean an arrest cannot happen. The full discussion of how these arrests are made is on our blog.