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If I Violate My Probation in Colorado, What Will Happen?

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If you are on probation in Colorado and you violate the terms of your probation, you will be required to appear before a judge at a probation violation hearing. At the hearing, the prosecutor will present evidence that you violated the terms of your probation, and you will have an opportunity to respond to those allegations. If the judge finds that you did indeed violate the terms of your probation, they will then decide what sanctions to impose.

The Possible Outcomes of a Probation Violation Hearing

The judge can impose one of three possible sanctions if they find that you violated the terms of your probation: revocation, continuance, or modification.

If the judge revokes your probation, you will be sent to jail or prison to serve out the remainder of your sentence.

If the judge continues your probation, it means that your probationary period will continue without any penalties being imposed.

If the judge decides to modify the terms and conditions of your probation, they can impose any number of additional conditions, such as requiring you to complete drug treatment or submit to random drug testing.

The decision about which sanction to impose will be based on a number of factors, including:

  • The severity of the violation
  • The nature of the underlying crime
  • Your criminal history
  • The financial and emotional impact of the crime and the violation on the victims involved
  • Any mitigating factors that may exist
  • Whether there is a pattern of violating probationary conditions

The Colorado Court Process for Probation Violations

If you or a loved one is on probation in Colorado and have been accused of violating the terms of probation, it is important to understand the process that will take place in court.

Arrest

If you are accused of violating the terms of your probation, the first thing that could happen is that you are arrested. Once you violate probation, a warrant for your arrest may be issued.

Prosecutor Files Motion to Revoke Probation

The prosecutor handling your case has to file a motion to revoke probation. This document will set forth the basis for why the prosecutor believes that you have violated the terms of your probation and why they believe that your probation should be revoked as a result.

Hearing

Once the motion to revoke probation is filed, you will have a hearing before a judge where evidence will be presented, and witnesses may testify. This hearing is like a mini-trial, but there are some important differences between this hearing and a full-fledged trial. One of those differences is the standard of proof that must be met in order to revoke someone’s probation.

The standard of proof required to find someone guilty beyond a reasonable doubt does not apply in probation violation hearings. Instead, the standard of proof is usually “preponderance of the evidence.” This means that if the judge believes it is more likely than not that you violated your probation, they can revoke your probation even if they have some doubts about whether you actually did violate it.

The Different Types of Probation Violations in Colorado

When someone is on probation, they are typically required to check in with a probation officer, obey all laws, and not partake in any activities that would violate the terms of their probation. However, probation violations are common, and can result in serious penalties. Some of the most common examples of probation violations include:

  • Failing to Check in With a Probation Officer
  • Failing to Pay Fines or Restitution
  • Arrested While on Probation
  • Harassing the Victim
  • Failing a Drug Test

If you have been accused of violating your probation, it is important to consult with an experienced Colorado criminal defense attorney who can help you defend the charges. The consequences for violating your probation can be serious and may include additional fines, restitution, or even jail time. Contact us today to schedule a consultation.

If you are questioned by the police, it is important to know your rights. The Fifth Amendment to the United States Constitution protects citizens from self-incrimination, meaning you have the right to refuse to answer any questions that could incriminate you. This protection applies even if you’ve been arrested or are in jail.

Police officers are trained to obtain confessions and they will use a variety of techniques to try to get you to incriminate yourself. Police officers are trained to obtain confessions and they will use a variety of techniques to try to get you to incriminate yourself. If you’re being questioned by the police, take the following steps:

Ask If You Are Free to Leave

If the police are questioning you, always ask if you are free to leave. If the police say yes, then you are free to go, and no further action is needed. However, if they say no or try to stop you from leaving, then it is likely that you are under arrest and you should stop talking.

Always Ask For an Attorney

It is also very important that you ask for an attorney as soon as possible. Once you ask for an attorney, the police officers must stop questioning you. Asking for an attorney does not make you look guilty; it shows that you are knowledgeable about your rights.

If you cannot afford an attorney, one will be appointed to you by the court. However, having your own private attorney is always preferable because appointed attorneys often have heavy caseloads and may not be able to devote as much time or attention to your matter.

Remember That Anything You Say Can Be Used Against You

If you are questioned by the police, it is important that you stay calm and do not try to explain yourself. The police are trained to ask questions in a way that may get you to incriminate yourself. That is why it is always best to exercise your right to remain silent and speak to an attorney as soon as possible. Remember, the police are not your friends, and their only goal is to collect evidence that will be used to convict you of a crime.

Don’t Expect To Be Read Your Miranda Rights

The police are not required to read you your Miranda rights when they stop you on the street or pull you over for a traffic violation. However, if they take you into custody and question you about a crime, then they must Mirandize you. This means that they must inform you of your right to remain silent and your right to an attorney. If they do not Mirandize you and question you without informing you of your rights, then any evidence they collect may not be admissible in court.

It’s important to note that the Fifth Amendment has its limits. For example, if you’re pulled over for a traffic violation, the officer can ask you for your license and registration. You generally have to comply with these requests. However, you do not have to answer questions. Be polite and turn over the requested documents. Do not get out of the car unless the officer asks you to do so.

If you’ve been questioned by the police or they have requested that you come in to speak with them, always speak with a defense lawyer first. Contact us today to schedule a consultation to see how we can help you.

In 2012, Colorado voters approved Amendment 64, which legalized the possession and use of marijuana for adults 21 and older. The amendment also allows for the cultivation of marijuana plants, with limits. While marijuana is legal in Colorado, there are still laws and regulations that can be quite strict if you don’t follow them. If you’ve been charged with a marijuana offense, it’s important to understand the possible penalties. An experienced criminal defense attorney can help you navigate the legal system and ensure that your rights are protected throughout the process. Contact us today to schedule a consultation.

Transfer Limits

Adults 21 and older are allowed to transfer one ounce or less of marijuana without any form of payment. However, it is important to note that the transaction cannot take place in a public space.

Smoking in Public

Smoking marijuana in public is still illegal in Colorado and can result in a fine of up to $100.

The Penalties for Marijuana Possession in Colorado

Depending on the amount of marijuana involved, possession of marijuana can be classified as a misdemeanor or a felony. The penalties for each level of offense can vary widely, so it’s important to know where your case falls within the state’s guidelines.

Possession of 2-6 Ounces: Level 2 Drug Misdemeanor

Possession of between 2 and 6 ounces of marijuana is a level 2 drug misdemeanor. The penalties for this offense include up to 1 year in prison and a fine of up to $700.

Possession of 6-12 Ounces: Level 1 Drug Misdemeanor

Possession between 6 and 12 ounces of marijuana is a level 1 drug misdemeanor. The penalties for this offense include up to 18 months in jail and a fine between $500 and $5000.

Possession of More Than 12 Ounces: Level 4 Drug Felony 

Possession of more than 12 ounces of marijuana is a level 4 drug felony. The penalties for this offense include 6 months to 2 years in jail and a fine between $1,000 and $100,000.

Penalties For The Sale of Marijuana 

If you’re facing criminal charges for the sale of marijuana, it’s important to know what penalties you could be facing. Depending on the quantity of marijuana involved, you could be looking at a misdemeanor or felony charge and significant jail time

Sale of 4 Ounces or Less – Level 1 Drug Misdemeanor

A level 1 drug misdemeanor carries a sentence of 6 to 18 months’ imprisonment and a fine between $500 and $5,000.

Sale of 4 Ounces to 12 Ounces – Level 4 Drug Felony

A level 4 drug felony carries a sentence of between 6 months and 2 years’ incarceration and a fine of between $1,000 and $100,000.

Sale of 12 Ounces to 5 Pounds of Marijuana – Level 3 Drug Felony 

In Colorado, a level 3 drug felony is the least serious type of felony charge. If you are convicted of a level 3 drug felony, you may be sentenced to 2to 6 years in prison and fined up to $500,000. However, it is important to note that the judge has discretion when sentencing someone convicted of a level 3 drug felony and may order probation instead of prison time.

Sale of 5 Pounds to 50 Pounds of Marijuana – Level 2 Drug Felony 

If you are convicted of a level 2 drug felony in Colorado, you may be sentenced to 4 to 16 years in prison and fined up to $750,000. As with level 3 drug felonies, the judge has discretion to order probation instead of prison time.

Sale of More Than 50 Pounds of Marijuana – Level 1 Drug Felony

A level 1 drug felony is the most serious type of drug charge in Colorado. If you are convicted of a level 1 drug felony, you may be sentenced to 8 to 32 years in prison and fined up to $1 million. Unlike level 3 and level 2 drug felonies, there is no discretion when it comes to sentencing for Level 1 felonies; if you are convicted, you will go to prison for at least 8 years.

If you find yourself charged with a marijuana-related offense, contact an experienced criminal defense attorney who can help you navigate the legal process and ensure your rights are protected. Contact us today to schedule a consultation.

Theft is a crime under Colorado statute. Probable cause is the legal standard for law enforcement to justify an arrest, conduct a search, or receive a warrant. If these actions were taken without probable cause before your arrest for theft, at the very least, the evidence against you should be suppressed and not used at trial. Depending on the circumstances, your charges should be dismissed by the court.

What is Theft?

Under Colorado lawtheft happens when you knowingly obtain, retain, or exercise control over anything of value owned by another without authorization by threat or deception. It also includes receiving or disposing of anything of value owned by another that you know or believe was stolen or loaning money by pawn, and you:

  • Intend to deprive the other person of its use or benefit
  • Knowingly use, conceal, or abandon the thing to deprive the owner of its use or benefit
  • Use, conceal, or abandon the thing so the owner will lose its use or benefit
  • Demand something of value you’re not legally entitled to before returning it to the owner, or
  • Knowingly keep the thing more than 72 hours after the agreed-upon time of return in a lease or hire agreement

What is Probable Cause?

The U.S. Constitution’s Fourth Amendment states:

  • Citizens have a right to be free from unreasonable searches and seizures
  • Probable cause is needed before a court can issue a search warrant.

An officer must have probable cause in order to make an arrest or to search and seize property without a warrant. Colorado statute also requires probable cause before an arrest.

The Fourth Amendment doesn’t define probable cause, but the U.S. Supreme Court stated it exists when:

The facts and circumstances within the officer’s knowledge and of which they have reasonably trustworthy information are sufficient to warrant a belief by a man of reasonable caution that a crime is being, or was, committed by the person in question.

What Would Probable Cause Be in a Theft Case?

Theft can occur in many ways. There would be probable cause to arrest you if you’re in a department store and a store security officer sees you, or you’re recorded on surveillance cameras:

  • Choosing an item off a display
  • Putting it in your pocket
  • Walking past cashiers without paying for it
  • Leaving the store

The store security officer stops you, and you remove the item from your pocket. You have no receipt to show you paid for it. Police officers arrive, and store security tells them what happened. They later provide the police with security video.

Get the Help You Need From an Attorney You Can Trust

Kevin Churchill represents clients charged with all types of theft, whether it’s a shoplifting case or an embezzlement case by a company executive. If you are under investigation for theft or have already been arrested, call our Denver office at (303) 832‑9000 for a consultation.

If you’re arrested for driving under the influence (DUI) you need to protect yourself, your family, and your future. Finding the right attorney is key to accomplishing those goals. You need to go beyond the websites and talk to attorneys you think could be a good match.

Choosing the right attorney can make a difference in the outcome of your case and your life. If you’re talking to attorneys about your case, you’ve made the right decision to get legal help and not to try to go it alone. To schedule your free consultation, call Kevin R. Churchill at (303) 832-9000.

1. How experienced are you with criminal defense law?

Attorneys in the area have a wide range of experience. Some are just out of law school, and some, like me, have been around for decades. I’ve been an attorney for more than 20 years and defending clients against criminal charges the whole time. I specialize in criminal defense law, so I’ve learned by doing so for more than two decades. I’ve represented hundreds of clients facing a wide range of situations.

Because of my experience, I know criminal law, how the courts work, how prosecutors approach cases, what’s a good plea bargain agreement, and what’s needed to show a jury my client should be found not guilty. I know the court personnel who make the system work and how judges approach cases, what they’re looking for, what kinds of arguments may appeal to them, and what they’ll reject.

2. How much of your practice is DUI defense?

It’s a substantial part of my practice and a very common criminal charge. DUI defense makes up about 80 percent of my work. Thanks to all the cases I’ve had, I know what facts can support or weaken a DUI prosecution and defense. DUI defense is very technical. Success or failure often boils down to what an officer did and said, when, and disputing a chemical test result.

DUI defense involves testing every prosecution claim and matching it to the evidence. It’s rarely one dramatic, disputed element that makes or breaks a case (like in the movies). Defending a client is normally chipping away at the prosecution’s case, showing the arresting officer and the prosecution’s evidence isn’t reliable or trustworthy. DUI cases are won and lost on whether the prosecution met its burden of proving the case beyond a reasonable doubt. If a jury doesn’t think so, your charges will be dismissed.

3. Who will do the work of representing me?

Other law firms may have paralegals perform a lot of the work putting together a case. You may speak to a partner in a large firm who will delegate work to a less experienced associate. The partner may just oversee others, and not do much of the work. This saves time so he or she can meet with more potential clients and develop a bigger practice. We have a small staff and I do all of the legal work. The effort I put in and the quality of my work will be the same for you as it would be for one of my family members.

4. How do you approach plea bargain agreements?

Relatively few DUI cases are decided at a trial. Most of them are dismissed on technical grounds or resolved through a plea bargain agreement. It’s an agreement between the defendant and the prosecution on how to resolve the case. Both parties avoid the uncertainty and expense of a trial in exchange for a certain outcome (though a judge must approve it). Usually, a defendant will plead guilty to a charge, or a lesser charge, for a sentence the defendant is willing to accept.

Examining the evidence, developing defenses, and appreciating the strengths of a prosecution’s case isn’t just for a trial. It’s critical to negotiating a positive plea bargain agreement for my clients. By laying out the problems the prosecution will face if there’s a trial, we can often convince a prosecutor to accept a proposed agreement, so they can spend their time and energy on other cases they’re more likely to win.

Get the Help You Need from a Denver DUI Defense Attorney You Can Trust

Kevin R. Churchill has represented people who have been arrested for DUI for more than twenty years. His background gives him insight into how prosecutors, judges, and jurors will respond to the evidence and defenses in your case. He welcomes your questions and can explain how the criminal justice system works, Colorado law, and discuss your best options. Call him today at (303) 832‑9000 to schedule a free consultation.

Expungement is the process of removing past juvenile court information from your record. Convictions and other information can be sealed for adult records. Given that a conviction can make it harder for you to get a job and find a rental home, an expungement or sealing records could make your life easier if you qualify.

No matter the criminal charges you face, Kevin R. Churchill understands their impact on your life and your future. Our office not only helps protect your rights during a criminal prosecution but can work with you to seal or expunge your record so you can get beyond your past and have a better future. Call us at (303) 832-9000 if you want help expunging your record.

Situations Where Records Can Be Expunged or Sealed

Expungement means your juvenile record officially never existed and the public won’t be able to see it. You may legally deny you were ever arrested, charged, adjudicated, convicted, or sentenced for the expunged matter.

If there’s a court order to seal records, you and criminal justice agencies may reply when asked that public conviction records don’t exist. An order sealing conviction records doesn’t prevent access by courts, law enforcement agencies, or anyone required by law to do a criminal history record check on you.

Expungement and sealing records in Colorado is a hit-or-miss proposition. Your situation may or may not fall into categories where you qualify. Here are some of the circumstances where this may be an option:

  • Criminal Conviction Records: With many exceptions and conditions, and in different time frames, the following records may be sealed: misdemeanors (class one, two, and three as well as those involving drugs), felonies (class four, five, and six; level two, three, and four drug felonies), and offenses by human trafficking victims. For all other convictions, a petition can be filed five or more years after the final disposition or proceedings or release from supervision, whichever is later.
  • Sealing Criminal Records Other than Convictions: With exceptions, you may qualify if you were acquitted of all counts, your case was completely dismissed, you finished a diversion agreement, or you completed a deferred judgment and sentence with all counts dismissed. You don’t qualify if you haven’t paid the ordered restitution, fines, court costs, and fees.
  • Juvenile Court: You may ask a judge to expunge a closed case within 42 days after you are found not guilty after a trial, the charges were dismissed before a decision on your case was made, or you completed your sentence or an alternative to sentencing, you were younger than 18 when you committed the offense, and you don’t have a felony, misdemeanor, or delinquency action pending against you. You won’t be eligible if you were adjudicated for a felony involving unlawful sexual behavior, an aggravated juvenile, a violent juvenile offender, homicide and related offenses, or under Colorado’s Uniform Motor Vehicle Law.
  • Underage Drinking and Driving: If you ask a judge for an expungement, it should be approved if your blood alcohol content was from 0.02 to 0.05, you’re now older than 21, the court action is concluded, you haven’t been convicted of another intoxicated driving offense while you were younger than 21, you paid applicable fines and fulfilled any other requirements, you never had a commercial driver’s license, and you weren’t operating a commercial motor vehicle at the time of the alleged crime.
  • Underage Alcohol or Marijuana Offense Committed after July 1, 2014: The court should order your records to be sealed if your case is dismissed, you completed a deferred judgment and sentence or diversion, or with a first-time conviction you completed substance abuse education and paid any court-ordered fine. If the court didn’t do this itself, you could file a petition asking that your records be sealed.
  • Criminal Conviction of a Municipal Violation: You may ask a District Court to seal conviction records (other than basic identifying information) of a municipal violation by filing a civil action in the county where the record is located. Records won’t be sealed if you haven’t paid restitution, fines, costs, or fees ordered by the court.

Get the Criminal Record Help You Need From an Attorney You Can Trust

Kevin R. Churchill has helped clients expunge and seal their criminal records for more than two decades. He understands this can be a critical part of starting your life over again. Call him today at (303) 832‑9000 to schedule a free consultation.

You may need bail to be released after an arrest. What do you do if you, family members, and friends don’t have enough money to bail you out? A bail bond may be the answer. For a fee, a bond can be posted. It will need to be paid if you don’t return as promised. This bond may be the only thing between staying in jail or your freedom.

Kevin Churchill can help you through the process and get you back home as soon as possible if you’re arrested. He defends those facing criminal charges throughout the Denver metro area and in many other district, county, and municipal courts throughout Colorado. Call our office at (303) 832-9000 if you have been charged with, or are being investigated for, an offense.

How Do I Get Out of Jail?

If you’re taken into custody, placed under arrest, and processed, the next step would be a hearing for your release. The prosecution may claim you’re too great a flight risk or pose too great a threat to the community to be released, but that’s relatively rare. Colorado courts may use the Colorado Pretrial Assessment Tool to decide if you’re likely to return to court and/or re-offend while on release. It involves assigning a score based on many factors, including whether you:

  • Have a mobile phone
  • Own or rent your home
  • Have current or past substance abuse problems
  • Have an arrest record
  • Had a bond revoked in the past

Bail or Bond?

You may be released on a promise to appear or by paying your bail. Or you may need to post a bond to be released. The more the judge fears you may not return, the higher the bail, the more you risk if you don’t come back for future proceedings.

Bail is money you pay to secure your release from jail. If you, family, and friends can’t bail you out, you may be able to use a bondsman. If you fail to appear, you forfeit this amount, and there may be a warrant issued for your arrest.

A bail bond is an agreement with the court and a condition for your release after an arrest. A bond can require putting up money or property, or it can require you to follow certain conditions to be released. A bond schedule provides guidance for setting bond amounts based on the charge.

You’d also have to pay a fee (which could be 10% to 15% of the bond amount) to the bail bondsman. If you do not comply with the conditions of release, you may have your bond revoked.

What Type of Bond Can I Use?

There are different bonds that a court can choose from, depending on your alleged offense and risk assessment factor, subject to statutory conditions of release.

  • Cash bond: You and/or someone else pays the total amount of the bond in cash to release you from custody
  • Personal recognizance bond (PR bond): This is a signature bond that doesn’t involve money or property as long as you appear at all future court dates. Your signature, and possibly the signatures of others, is the promise to appear in court
  • Professional surety bond: This is posted through a state-licensed bondsman
  • Property bond: This uses your ownership or equity in real estate in Colorado. The equity must be at least 1.5 times the bond amount

What Strings are Attached to the Bond?

Your failure to appear will cost the bondsman money, so they may require you to check in with them regularly and/or wear a GPS location device until your next court date. If you don’t show up for court proceedings after posting bond, you may have a warrant issued for your arrest and forfeit any security interest put up as part of your bond. You also may be pursued by a “bounty hunter” hired by the bondsman who will pay them a percentage of the bond.

Whatever the expense or hassle that comes with posting bail or a bond, the point is you’re free again and no longer in custody. You can get back to your family, friends, and job.

Arrested? Get the Help You Need From an Attorney You Can Trust

If you’re being investigated or are charged with a crime, a skilled Colorado criminal defense lawyer can be your greatest ally. Choosing the right lawyer is a critical decision. It can make a difference in your case’s outcome, which can shape the rest of your life. Kevin Churchill understands what you’re going through and how much you need a powerful, high-quality criminal defense. He’s the attorney you can trust to get you through the process so you can get the best outcome possible.

Call Kevin Churchill at (303) 832‑9000 today for a free consultation over the phone or at his downtown Denver office.

Drug-related charges make up a huge portion of criminal cases here in the greater Denver area. They involve state and federal laws, law enforcement agencies, and prosecutors. They cover everything from possession to multi-national, multi-million dollar drug operations. Though these charges are common, don’t assume they’re not a big deal. A conviction could have a significant impact on your life.

If you’re being investigated for or are charged with a drug-related crime, you need to know where you stand and what your best options are in order to make the right decisions about what you should do next. Call Kevin R. Churchill at (303) 832-9000 to schedule a free consultation. It’s estimated there are about 450,000 people in US jails because they were arrested for or convicted of non-violent drug-related crimes. That’s about 20% of our total national prison population or slightly less than the number of people living in Colorado Springs. You don’t want to join them if it’s at all possible.

What are Drug-Related Crimes?

Possible drug charges are limited only by state and federal statutes, the many different roles in the illegal drug industry, and the prosecutor’s imagination.

  • Drug charges not only involve illegal drugs we’re familiar with – heroin, cocaine, methamphetamines, LSD, and marijuana (depending on what you do with it and the amount) – but also selling or doing something that’s illegal with drugs (or drug ingredients) that are otherwise legal to buy over the counter or with a prescription. Illegal acts include possession, possession with intent to sell, trafficking, distribution, importation, transportation across state lines, and manufacturing.
  • Handling and investing money earned through illegal drugs to make it appear that it has been earned legitimately (money laundering) is also illegal.

What Should I Be Most Concerned About?

1. Get Help So You Won’t Make a Bad Situation Worse.

Whether you learn you’re under investigation for a drug-related crime or were arrested, it’s critical you get legal advice and representation as soon as you can. You may say or do things that you think will help your situation, but you could be making things worse. Criminal law can be highly complex. Law enforcement may infringe upon your constitutional rights while building a case against you. The more problems with your case, the better it is for you. You may be in a much better position to deal with this than you know.

You need advice so you can make an informed decision about what to do next. Don’t guess or take the advice of those arresting you. You may be in a very serious situation or your charges may be minor and easily dealt with. No matter what you’re facing, you need to be sure of your next steps.

2. The Prosecution Has the Burden of Proving You’re Guilty Beyond a Reasonable Doubt. You Don’t Have the Burden to Prove You’re Innocent.

Don’t panic. Keep calm. Being arrested can be frightening and stressful. The officers may tell you how much trouble you’re in and the terrible things that will happen to you. They may just want to frighten you into cooperating and confessing so their work is easier and they can close another case.

Many things can go wrong in a criminal investigation. Officers may have made mistakes along the way, but they won’t admit that to you. After we’re retained, we will do our own investigation. We often uncover errors in the prosecution’s case, leading to charges being withdrawn or favorable plea bargain agreements being reached for our clients.

3. You Have the Right to Remain Silent. Take Advantage of That Right.

You have the right to remain silent when you’re questioned by law enforcement. Many people have been arrested and convicted of drug-related charges because they tried to explain their situation, offered excuses for what happened, or implicated themselves while giving information about others in the hope that it would reduce their charges.

Officers can talk all they want. They may ask you questions until they’re so hoarse they can’t speak. Don’t take the bait. Tell them you’re not saying anything until you consult with an attorney then contact our office. Not talking will never make you look guilty later in court.

Cooperating with the police may be the right thing to do in your situation, but you must do it in a way that gives you the most protection and benefit. Law enforcement doesn’t have your best interests at heart, we do. They want to close cases, we want the best possible outcome for you and your family.

Get the Help You Need from an Attorney You Can Trust

Kevin Churchill has represented those accused of drug-related offenses for more than two decades. His criminal defense experience will bring the insight that you need to understand how Denver prosecutors, judges, and jurors will react to the evidence and defenses in your case. Call him today at (303) 832-9000 to schedule a free consultation.

If you’re arrested for DUI, you’re probably pretty stressed out because you don’t know how the process will work, how it’s going to impact you, your job, your finances, or your relationships with others. You face many decisions, and one of the most important is whether or not to hire an attorney. If you decide you do, you need to pick the right one for you and your case. How do you do that?

Kevin Churchill is a Denver, Colorado, criminal defense lawyer who handles criminal law, including representing those arrested for DUI. Since he limits his practice to criminal defense law, he can stay on top of changes in the law that others might overlook. He has handled hundreds of former DUI cases in Colorado. Call him today at (303) 832‑9000.

Why You Should Hire an Attorney

You should hire an attorney for many reasons. Most importantly, if you try to defend yourself, you have no idea what you’re doing. You probably don’t know:

  • Criminal law: What the prosecutor needs to prove and possible weaknesses in the case
  • Constitutional law: Constitutional protections are often used as defenses in DUI cases
  • Technical issues: Proper procedures for sobriety tests or using a breathalyzer
  • Court procedures: What you need to do and when in court
  • Negotiation: Most cases are resolved by a plea bargain agreement with the prosecution

No matter how many DUI defense videos on YouTube you watch, even the most junior prosecutor will run circles around you. You need someone to help you avoid serious consequences, so hire an attorney. There are nearly 23,000 lawyers in Colorado. Whom do you pick?

What You Should Ask

You should schedule a consultation with a lawyer. You may hire this person to potentially save your ability to support your family, allow you to apply for future jobs, keep you out of jail, and protect your reputation. To make sure you have the right person, ask these questions:

  1. Do you specialize in criminal defense? Just like any other job or profession, the more you do, the more you learn, the better your skills. Many attorneys take criminal defense cases along with other types of cases. If their time is divided, their ability to effectively represent you may be more limited.
  2. How much time do you spend working on DUI cases? DUI cases are very common. They can be very technical when it comes to how a driver should be tested, which is probably the foundation of the case against you. You don’t want an attorney who’ll learn by working on your case.
  3. What are the outcomes in your cases? Most cases are resolved through a plea bargain agreement. The defendant pleads guilty to certain charges, others may be dropped, and the consequences are agreed to by all parties. Both sides avoid the time, expense, and uncertainty of a trial. They put this behind them and move on. Many cases are dismissed because of flaws in the prosecution’s case, and others go to trial.
  4. How many cases are positively resolved for clients? That means, given the situation, the client’s outcome was less severe than it may have been. Some clients are clearly innocent, others have good defenses, and there are some who are plainly guilty. If that’s the case, the best an attorney can do is get the lightest sentence possible. Attorneys are professionals, not magicians who can make bad cases disappear.
  5. Who will be doing the work? At other firms, it may be the attorney you’re talking to, an associate, or a paralegal. We have a small office focused only on criminal defense. I do all of the law work. You are never handed off to a less experienced attorney. We also hire investigators when the case requires it.
  6. What do you charge? We charge a flat fee depending on the type of case. Others may charge a flat fee, an hourly rate, or a combination.
  7. Are you interested in taking my case? If so, why? The attorney may not want to represent you or take your case for many reasons. If that happens, ask for a referral to another attorney. The attorney may want your case because he or she feels like you’re a reasonable, likable person they want to work for and who may do well in court. Your case may be simple and have some good defenses. Your case may have certain issues an attorney wants to work on.
  8. Should I trust you with my case? If the attorney doesn’t have an answer or gives one that doesn’t inspire confidence, find someone else. Why should you trust me?
    • I care about and understand my clients
    • I work hard for them
    • We provide excellent, personal service
    • I have extensive experience representing clients facing DUI charges
    • We consistently get good outcomes for them

At the end of the conversation, decide if you trust this person and feel comfortable with them. There is a lot at stake, so decide if you want to work with this lawyer. There are many attorneys in the Denver area. You need to find one who is a good fit for you and your case.

Call Kevin Churchill for a Free Consultation

When your freedom and future are at stake, a skilled Denver criminal defense attorney can be your greatest ally. Choosing the right attorney is critical. It may make a difference in the outcome of your DUI case and your life. You deserve a powerful, high-quality criminal defense. Don’t settle for less. Call us today at (303) 832-9000 today to schedule your free consultation.