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the penalties for an assault in Colorado

are wide-ranging for a felony assault if

a person’s convicted they could face a

very lengthy prison sentence in the case

of a misdemeanor assault case the

possible penalties involve a fairly

lengthy County jail sentence

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in a sexual assault case the prosecution

has to prove that there was some type of

sexual contact or some type of sexual

penetration involving the suspect and

involving the alleged victim and if

there was some type of penetration or

contact the prosecution has to prove

that that wasn’t consensual contact and

all those elements have to be proven

Beyond A Reasonable Doubt foreign

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I’ve been handling DUI cases since 2003

and I’ve handled thousands of DUI cases

of all shapes and sizes some involving

blood test results others involving

breath test results and some involving a

refusal to take a blood or a breath test

and in those cases involving a refusal

an attorney is going to want to be

looking at the justification that a

person might have for refusing a blood

or breath test and that of course

depends on all the facts and the

circumstances of a case in other cases

involving a blood or breath test an

attorney needs to make sure that those

tests were properly conducted that the

tools used to record those test results

were properly calibrated and we’re

functioning properly at the time of the

test and also that the police officer

who is administering those tests was

following proper police protocol not

taking any shortcuts these days just

about every DUI investigation is

captured on a police worn body camera so

that’s essential viewing for an attorney

handling these types of cases to really

take a very close and critical look at

what a police officer is doing to make

sure that that officer is doing things

by the book and crossing the t’s and

dotting the eyes in the way that these

investigations are supposed to be done

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if a person is convicted of DUI in

Colorado that person is going to have 12

points assessed against his or her

driver’s license which is going to

trigger a driver’s license suspension

and similarly if a person refuses a

blood or breath test or takes a blood or

breath test and the result is above the

legal limit that person will be ordered

to appear for a hearing before the

Department of Revenue hearings Division

and at that point there will be a legal

dispute about whether that person’s

driving privileges should be revoked so

any experienced DUI attorney in Colorado

is going to also be experienced at

handling those Department of Revenue

hearings as well because they are a

companion piece to just about every DUI

case that’s filed in the state of

Colorado

foreign

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in DUI cases an experienced attorney is

going to look to challenge the results

of a blood test or a breath test or in a

case where the test was refused by the

suspect there might be a good

justification for refusing the test so

an attorney is going to interview his

client look at all the facts and

circumstances of a case and put together

the best defense for that client in that

case

thank you

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a person’s facing a misdemeanor if

they’re charged with a DUI in Colorado

unless this is that person’s fourth DUI

or more than fourth DUI and in those

cases that person is likely going to be

looking at a felony DUI charge

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don’t talk to the police you don’t have

to hang up the phone on them but be firm

be polite let them know you’re not

consenting to an interview and that you

need to consult with an attorney there’s

very little to gain by talking to a

police officer without an attorney

present and more often than not a person

is digging himself or herself into a

deep hole when they consent to an

interview with the police officer that

that person’s lawyer is going to have to

try and help him or her dig out of

foreign

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in a criminal case a prosecutor needs to

prove each and every element of a

criminal charge Beyond A Reasonable

Doubt and that includes whether a person

was present on the date and time of an

alleged defense whether that person

committed the offense whether there were

any types of affirmative defenses such

as self-defense or consent that might

apply to a case so each and every

element of a case has to be proven

Beyond A Reasonable Doubt and that has

to be proven by the prosecution not the

defense

foreign

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in domestic violence cases self-defense

is a common defense defense of others is

also a common defense and just as common

is the defense that the allegations

being made up from thin air and that

nothing actually happened and it’s just

a baseless allegation that’s uh based on

the alleged victim’s word essentially it

comes down to it he said she said type

of criminal case

foreign

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the penalties for domestic violence are

are wide-ranging they could range from

probation on the low end to a lengthy

prison sentence on the high end it

depends on whether it’s a felony case or

a misdemeanor case it depends on whether

the person charged has any type of

criminal history and it depends on the

facts of the case

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I’ve been handling domestic violence

cases since 2003 I’ve seen all different

shapes and sizes of domestic violence

cases no two cases are exactly the same

but an attorney who’s experienced

handling those types of cases does tend

to see patterns develop over time in

terms of the defenses that apply to

those cases

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