James Newby is a Colorado Springs based criminal defense attorney with nearly a decade of experience in Colorado criminal law. He specializes in DUIs, traffic tickets, drug crimes, child abuse, domestic violence and reckless driving. He's available to take your El Paso, Teller, Pueblo, and Fremont county misdemeanor and felony cases. Gain new insight into criminal defense and how James Newby can help you with your case by reading the blogs below. Still have questions? Call James for a Free consultation at (719) 578-3322.
In this article, we explore the dark side of hiring a cheap criminal defense attorney in Colorado Springs.
All criminal lawyers in Colorado Springs share some of the same qualities: every one of them went to law school, passed the bar exam, and got their law license.
Beyond that, however, there can be a world of difference between the hundreds of choices you have after you have been arrested and charged with a crime.
No one wants to be arrested. When a Colorado police officer slaps handcuffs on you and starts reading you your Miranda rights, you may be understandably angry, shocked, and scared, especially if you think you’re being wrongfully arrested. When those intense emotions turn into physical acts that threaten or injure the arresting officer, the alleged crime you are being arrested for will be joined by a charge of resisting arrest. This can make an already bad situation worse.
Life in the military isn’t the same as it is for those not in uniform. For members of our armed services, the risks can be greater, the sacrifices can be larger, and the challenges can be more difficult to overcome. Additionally, those in the military are subject to different rules and have different rights than civilians. This is especially true when it comes to servicemen or servicewomen charged with a crime.
There are a number of very important distinctions between the criminal justice system that applies to civilians and the one that handles crimes by members of the military. If you are a soldier, sailor, or airman who finds themselves in trouble with the law, it is important that you understand the differences between these two systems – and that you retain an experienced Colorado Springs criminal defense attorney to protect your rights and guide you through a difficult time.
If you are ever arrested in Colorado Springs for DUI or other criminal charges here are four things NOT to do.
If you’ve been arrested in Colorado Springs and think you can wait until later to hire a criminal defense attorney, or maybe are thinking you can represent yourself at your first court appearance or arraignment, you could be making a huge mistake that can cost you thousands of dollars and months or years in jail.
“You have the right to an attorney. If you can’t afford an attorney, one will be appointed to represent you…”
You’ve probably heard those words spoken by police officers in countless movies and TV shows as they put the handcuffs on a suspect. That part of the Miranda warning which must be read when police make an arrest is based on the constitutional right to counsel established in the Sixth Amendment to the U.S. Constitution.
This means that if you are arrested and charged with a crime in Colorado Springs, a lawyer from Colorado’s Office of the State Public Defender will be assigned to represent you if you can’t afford to get one on your own.
A free lawyer? Who would turn that down?
The reality is that relying on a public defender if there is any chance you could hire a committed private Colorado Springs defense lawyer is a risky proposition.
Not because the attorneys who work at the public defender’s office are bad lawyers, don’t have your best interests at heart, or won’t work hard to protect your rights – they aren’t, they do, and they will. But the reality is you may not qualify for a public defender due to your income, and even if you do, they simply may not be able to adequately protect you from the consequences of a conviction.
Here are three reasons not to use a public defender if at all possible:
If you’re anything like me, you take a lot of pride in your “do-it-yourself” attitude. When it comes to things like home improvements, car repairs, or other jobs, you’d rather learn how to take care of it than pay someone to take care of it for you. With so much information available on the internet, you can pretty much figure out how to do anything yourself now.
After all, if your noble efforts fail, you can always call an electrician, plumber, or mechanic to finish the job.
But what if the consequences of a bad “DIY” project included losing your job, spending years of your life behind bars, being separated from your family, and having a future hobbled by a criminal record you can never shake? You might think twice about trying to save a few bucks by taking on the project yourself.
If you’ve been arrested or charged with a crime in Colorado Springs, representing yourself can be one of the worst and riskiest decisions you could ever make. This is not the time to try to make things up as you go along. Here are just three reasons why you need to retain a Colorado Springs criminal defense attorney rather than try to defend yourself:
If you’ve been arrested and charged with a crime in Colorado Springs, you have a lot of choices to make. Do you speak with the police? What plea do you enter? Should you negotiate with the prosecutors?
Every decision is important when you are caught up in the criminal justice system. But there is one decision above all others that can make the difference between a future burdened by jail time, a criminal record, and a tarnished reputation and one in which your current ordeal is resolved in a way that allows you to move forward with your life: your choice of a criminal defense attorney.
There is no shortage of criminal defense lawyers in Colorado and the Front Range. So how do you find the Colorado Springs criminal defense attorney who is right for you? What qualities should you be looking for in a lawyer who will hold your future and your freedom in his or her hands?
I am constantly in Court. Almost every day I am in court on various types of criminal offenses, from speeding tickets to DUI’s, from harassment to felony level assault.
An interesting and unique part of appearing in court is appearing in front of various types of judges. Usually around election time, someone will ask me how I feel about the judges in El Paso County and Teller County. People want to know if our judges are honest and trustworthy. They want to know if they do a good job.
Colorado Springs Style is a magazine dedicated to Colorado Springs events, local businesses, and all things Colorado Springs.
Every year the magazine surveys over a thousand licensed attorneys located in El Paso County. The purpose of this survey is to determine whom Colorado Springs lawyers consider to be among the "top" attorneys in Colorado Springs.
The survey is a peer-to-peer review that takes advantage of the knowledge of people in the law industry to provide a list of highly recommended attorneys for whatever trouble you may find yourself in, from criminal law to bankruptcy.
Any attorneys, in good standing with the El Paso County Bar Association, were eligible for selection and the votes were polled in an unbiased manner.
It is an honor to be selected among the Top Attorneys for Colorado Springs consistently since 2016 because it represents a mutual respect and appreciation among my peers. I appreciate being selected for this award and am grateful to all of my colleagues for their vote of confidence.
The criminal justice system in absolutely overflowing with cases. Every district attorney has more cases than they can possibly handle. The courts barely have the time to fit in all of the people that come before the court for judgment. The cost on society is astronomical and growing farther out of control. The prisons and jails are at maximum capacity and the numbers eligible for detention are not shrinking. The cause of such a problem is varied and widespread. The solution will not be found in legislation or the Courts. It is the reality of our justice system.
May I get personal for a moment? When you are looking for a lawyer, particularly a criminal defense lawyer or a DUI attorney, make sure that that your lawyer cares about you personally. Let me tell you as one who has practiced both prosecution and criminal defense, to be truly a good attorney in the area of criminal defense, you need to care about the people you represent. There is no doubt that it is much more difficult to represent someone you care about.
As a criminal defense lawyer in Colorado Springs, I see all kinds of criminal charges. The most common types of cases involve disputes between family members and friends. One of the hardest parts of my chosen field is to see the effect that decisions have on good people. I’ve said it before and I will say it again, most of my clients are good people who make bad choices. Over the years, a common theme has arisen. Almost without exception, the legal problems that my clients get themselves into involve one of three things – anger, alcohol, or drugs.
One of the aspects of being a criminal defense attorney in Colorado Springs is dealing with a large number of criminal cases, with various sets of facts and circumstances. Each criminal charge, whether DUI, DWAI, assault, harassment, domestic violence, or theft is unique. The facts of a criminal case and the history of the individuals involved will help determine the negotiations and outcome of the case.
One of the best aspects to being a criminal defense attorney in Colorado Springs is helping people. The American Justice system remains the best system in the world. If I was accused of violating a law, there is no other country in the world where I would rather face those accusations. It is a system that has many positive aspects and few negative ones. With that being said, as a criminal defense attorney I see a different prospective than most other people who have been involved in the legal system.
As a criminal defense lawyer in Colorado Springs and Teller County, I often represent people charged with Criminal Mischief. This charge can mainly be described as destruction of someone else’s property. Colorado Revised Statute 18-4-501 defines the crime as follows.
You’ve made a mistake and have been charged with a crime, or even worse, you’ve been accused of something you didn’t do. Now the full weight of the legal system is coming down on you with unmerciful & crushing force. The pressure is mounting and the walls seem to be closing in around you. What do you do now?
If you have been arrested or are facing criminal charges, a good Colorado Springs criminal defense attorney is imperative. While it may seem tempting at first to try and represent yourself, doing so could have dire consequences. Those who represent themselves in a criminal defense case are expected to have the same legal knowledge as an experienced lawyer.
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James Newby Law
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903
Hours: M-F 8:30am - 5:00pm