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.
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 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: