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.

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.

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:

Alcohol is legal in Colorado, but as you know, driving under the influence of alcohol (DUI) in Colorado is not.

The same goes for marijuana. While recreational pot is now legal in Colorado, driving under the influence of marijuana in Colorado is not and can be charged as a DUI. An arrest and conviction for driving with pot in your system can lead to the same penalties and consequences you’d face for drunk driving.

There are just two ways a Colorado Springs DUI conviction can impact immigration status.  Learn more.

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.

top attorneys 2018 framed optimizedColorado 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 being 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 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.

One of the most common citations issued by law enforcement is speeding and driving violations.

On any given day in Colorado Springs and the surrounding communities, I would not be surprised if law enforcement issues hundreds of driving citations.

The charges range from simply speeding, careless driving, reckless driving, driving under restraint, no proof of insurance and no registration. More serious and gratefully less common are driving cases such as DWAI, DUI, vehicular assault, and vehicular homicide. The consequences of violating the law range from a small fine and no points, to massive fines, supervised probation, and even large amounts of prison time.

The criminal justice system is 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.

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.

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