Criminal Defense Blog Colorado Springs

Helpful advice for people in Colorado Springs facing criminal charges for DUI, felonies, misdemeanors, domestic violence and other criminal crimes.

My client was driving with her child in the car when a man cut her off. He began driving erratically and road raging. Clearly he was angry at my client. She was afraid for her life and what he would do to her. He slammed on his brakes.

A moment before she had been driving, running errands. In a moment, she felt her life, and the life of her child, was in danger. How was she going to diffuse the situation?

A moment later, she saw a semi truck ahead. She saw her opportunity. She stepped on the gas and quickly accelerated and passed the semi-truck. She then changed lanes and put on her brakes hiding behind it. It worked, she had escaped from the man who seemed to want to hurt her. However, the drama was far from over...

The criminal jury system is the final protection against people innocent of a crime being convicted. As a Colorado Springs criminal defense attorney, I rely on the jury system to protect my clients. A recent case demonstrates the importance of our system.

Tuesday, 13 October 2015

Blood Test Proved No Marijuana DUI

In this case, the blood test proved my client was innocent however the prosecutors still wanted her to plead guilty.  We got the charges reduced to a small traffic violation.

In this case, my client was accused of driving under the influence (DUI) of marijuana. This is known in Colorado Springs as a marijuana DUI.

May I get personal for a moment? This post shares my personal perspective on being a criminal defense lawyer in Colorado Springs.

Wednesday, 29 July 2015

Make Sure You're Ready For Trial

A recent DUI case demonstrates the reason to have an experienced DUI attorney by your side during the Court process in Colorado. My client and his friend were driving his truck off-road in a field.  A part of the truck broke rendering it impossible to move another inch. My client got out of his vehicle and surveyed the damaged. Clearly, he was not going anywhere. He walked home to his friend’s house where the two of them drank for several hours. Finally, the friend's brother came home and offered to give both of them a ride back to the scene to find out if they could tow his truck home.

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 hardest parts of the criminal justice system is the unknown and the stress associated with it. My job is to reduce that stress for you.

My client probably searched the internet for a DUI defense attorney in Colorado Springs or Colorado Springs DUI lawyer before he found me. We met shortly after the crash that nearly took his life. He said he found me on the internet. In looking at him, one would think that he was beaten nearly to death. His face was black and blue. His body was injured. He walked with a limp.

 

My client was traveling home around dusk. The sun was low, about to sink below the mountains, yet still at eye level. As he drove west, the sun momentarily blinded him.

Unfortunately, at that very moment, he approached a large flatbed trailer, which was parked improperly, jutting out significantly into the road. Without any warning to my client and due to the blinding sun, he crashed into the trailer with the corner of his vehicle.

Sunday, 31 May 2015

Colorado Felony DUI Bill

The legal landscape in Colorado is about to change as it relates to DUI’s. The legislature passed what is known as the Colorado felony DUI bill and it awaits the governor’s signature to become law. As a Colorado Springs DUI lawyer, it is important to warn the citizens of Colorado Springs that the penalties for multiple DUI’s is about to become much more severe.

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.

Monday, 02 March 2015

Criminal Mischief

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.

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?

Colorado Springs Criminal Defense Attorney James NewbyCall us (719) 247-2700

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James Newby Law
128 S Tejon St #402
Colorado Springs, CO 80903
Office Hours: M-F 8:30am - 5:00pm
Appointments available 24/7