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.
“If you find yourself in a hole, stop digging.” – Will Rogers
If you find yourself under arrest, you are indeed in a hole, and potentially a whole lot of trouble. There are things you should do at that point to keep the hole from getting any deeper, such as calling a criminal defense lawyer immediately and exercising your right to remain silent. Unfortunately, many folks dig themselves a deeper hole by making poor choices while being arrested and shortly thereafter.
To keep your bad situation from getting worse, here are four things NOT to do when you’ve been stopped by the police or arrested in Colorado:
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?