As a DUI defense attorney in Colorado Springs, I get a variety of evidence in the DUI cases I defend. Some cases have almost no evidence against my client at all. For example, when my clients refuse to take voluntary roadside maneuvers and a blood or breath test, the only evidence are any observations of the officer regarding intoxication. Other cases, my client confesses to drink outrageous amounts of alcohol, wrecks his vehicle, falls over several times during the roadside tests, and completes a blood test with a dangerously high amount of alcohol in his system.
The 5th amendment of the Bill of Rights states that a person shall not be “compelled in any case to be a witness against himself…” The founding fathers felt that it was very important to give those accused of crimes the right to be quiet. A person cannot be compelled to give verbal evidence against oneself. The issue gets complicated as indicated by the large amount of litigation surrounding the issue, but one thing is certain. You have the right to remain silent and a clear invoking of that right will ensure that your silence is not used against you.
One of the best aspects of 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 a few negative ones. With that being said, as a criminal defense attorney, I see a different perspective than most other people who have been involved in the legal system.
Colorado is one of the first states to legalized marijuana, leading to a variety of issues related to driving under the influence (DUI). As a DUI defense lawyer in Colorado Springs, I am seeing more people charged and prosecuted for marijuana DUI’s. The purpose of this article is to explain some of the basic information related to smoking or ingesting marijuana and then driving a motor vehicle.
Reckless Driving in Colorado is an eight-point offense and carries up to ninety days in jail. In this case of reckless driving charges with very weak evidence, we got the case dismissed.
My client was accused of driving under the influence (DUI). As a result of some choices when he was younger, the District Attorney was trying to punish him severely. He sought out my help and I got to work on his case.
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 the destruction of someone else’s property. Colorado Revised Statute 18-4-501 defines the crime as follows.
As part of any sentence for a crime in Colorado, the Court is to consider several factors and purposes in determining the appropriate sentence. Colorado Revised Statute 18-1-102.5 states as follows.
If you are pulled over in Colorado and the law enforcement officer has probable cause to believe you are under the influence of alcohol or drugs, did you know that you have already given your consent to have a chemical test of your blood or breath?
Assault charges often come out of unsubstantiated allegations. This case underlines the fact that just because a person is innocent does not mean that charges will not be filed against that person.
If you find yourself charged with a DUI or other crime, now what do you do? Often when I talk to potential clients, one of the questions they often ask is whether they need a lawyer. The answer may seem self-serving, but yes I think every person charged with a crime, with the exception of minor speeding tickets, should have a top notch Colorado Springs Criminal Defense attorney or DUI Defense attorney. The reason for this answer is because of the way our legal system operates in Colorado.
It’s that time of year again – Super Bowl time! It’s a time when people gather with family and friends to enjoy the world championship of football. You will probably enjoy lot of food (and calories), good times, and for many people, alcohol. More people will drink alcohol while watching the Super Bowl than at almost any other time of the year.Depending on your perspective, that isn’t a problem until the game is over, the party dies down, and everyone starts heading home. That’s when law enforcement officers are out in force to catch drunk drivers and potentially charge you with a DUI. If you get caught in that situation you will need a DUI defense attorney in Colorado Springs who knows how to help you.
If you are reading this page, you or someone close to you has most likely been charged with a crime or violation of the law. If you are looking for a Colorado Springs Criminal Defense Lawyer, you most likely want someone who knows the law and the procedure of the Court and the criminal justice system. In addition to knowing the Court system, you want a lawyeradvocate.
As a Colorado Springs DUI Lawyer, people often ask me how much is too much to drink and then drive. People seem to want to know how close they can get to the line without crossing over. This attitude may lead some to walk dangerously close to the edge of the cliff and perhaps some may even call over the edge. This time of year is a time of rejoicing and love. No one wants to spend it in regret and sorrow for poor choices. During the holidays, people spend time with family, friends, and co-workers celebrating the joy of the Christmas season. Often in celebrating, people attend parties where they consume alcohol, at times to excess. Unfortunately, some people who consume too much alcohol also choose to drive home, putting themselves and the public at risk.
In Colorado, it is illegal for anyone under the age of twenty-one to possess or consume alcohol or marijuana. If you are charged with being a minor in possession or underage drinking, please contact a Colorado Springs Criminal defense lawyer, who knows the system and can walk you through the process. A conviction for underage drinking may follow you forever. It can affect your ability to get into school or find employment later in life.
Being charged with a DUI while on active duty military can result in severe consequences to someone’s military career. When Chris (name changed), an active duty soldier, came to meet with me, he was adamant that he did not drive while under the influence of alcohol. Chris insisted that he was innocent and could not take a plea due to his status in the military. After explaining to Chris that going to trial was our best option to beat the DUI, he agreed and we prepared for trial. A jury trial is a complex yet essential part of our criminal justice system.
One of the more common charges used by law enforcement is criminal trespass. The crime of criminal trespass, as with most crimes, has various levels. This page deals with the most common form of first degree criminal trespass. If you are charged with criminal trespass, it is important that you do not attempt to handle this charge on your own. A knowledgeable Colorado Springs criminal defense attorney is your best option. Trying to work through the legal system on your own, without a lawyer, is similar to trying to drive a car at high speeds, through thick fog. It’s not safe and it’s definitely not smart.
A common criminal charge filed by law enforcement is Criminal Impersonation.
According to the state of Colorado, criminal impersonation is defined as follows, “Any person who assumes a false or fictitious identity or capacity and in such identity or capacity does an act with intent to unlawfully gain a benefit for himself or herself or another or to injure or defraud another commits a class 6 felony.
The legal landscape in Colorado related to felony drug charges has changed dramatically since October of 2013. The Colorado legislature created a new class of offense called drug offenses for felony drug charges.
Fraud is a very large and encompassing category of crimes and costs companies hundreds of millions of dollars each year. Corporations have entire departments dedicated to finding and punishing perpetrators of fraud. If you have been accused of criminal fraud and/or forgery charges, understand that this is a very serious allegation and is likely to be pursued with great vigor. You need to protect yourself and secure an effective defense attorney like James Newby.
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James Newby Law
128 S Tejon St #402
Colorado Springs, CO 80903
Office Hours: M-F 8:30am - 5:00pm
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