SERVING LONGMONT FOR OVER A CENTURY!
Criminal Defense
CRIMINAL DEFENSE
Where do you go from here?
In the early stages of a case, it might seem like the seemingly unlimited power and resources of the government are crashing down on you. This can be terrifying and overwhelming. Consulting with a criminal defense attorney that has a broad base of experience is critical. There might be defenses to your case you are not aware of, ways to possibly suppress evidence, or other strategies that can help limit your exposure. It is also important that your attorney is familiar with the local court system, which includes the prosecutor, the judges, and sometimes, the police involved in investigating your case. Do not go into the courtroom without an experienced and well-informed advocate.
What are the penalties?
If incarceration is imposed, jail is usually imposed for a misdemeanor while prison is imposed for most felonies. The most serious misdemeanor offense is a class one misdemeanor and is punishable with 6 to 24 months in the county jail. There are three different levels of misdemeanors and they all have different sentencing ranges. For felonies, there are six different levels of severity, each with its own sentencing range. On the bottom end, class six felonies carry anywhere from 1 year to 18 months DOC. On the high end, class one felonies are punishable with a lifetimes sentence without parole. If a prison sentence is imposed, Colorado has a very complicated statutory scheme that explains how and when an inmate is eligible for parole and other release options if an inmate is not eligible for release on parole. Many felony sex offenses carry what is called an "indeterminate" sentence. This penalty is extreme because it imposes an undetermined length of prison or probation and the inmate is only released if and when the person is considered rehabilitated.
Misdemeanor and felony sex offenses also must comply with the guidelines promulgated by the Sex Offender Management Board. These rules can impact whether or not you can have contact with minors (including your children), where you are allowed to live, whether you can access the internet, and many other things. Many times, the fight in a criminal case is over whether a "community based" penalty should be imposed or incarceration should be imposed. Examples of community-based sentences would include probation, community corrections, treatment courts, and other sentences that make rehabilitation the primary goal of the sentence. A person may need rehabilitation for a drug issue, mental health issue, or something else. Generally speaking, most misdemeanors and felony offenses in Colorado are probation eligible. Most of the exceptions to this general rule involve convictions for violent crimes. Colorado's probation statute gives judges the discretion to impose a wide variety of conditions, so long as the conditions are intended to help a person lead a law abiding life.
DUI CHARGES
What Are The Consequences Of A DUI?
The penalties in Colorado's drinking and driving laws are very complex. Consequences of a DUI charge can vary based upon whether a test was conducted, the results of that test, whether there are any prior drinking and driving convictions, and several other factors. We understand these different penalties and have effective strategies we employ in order to increase the likelihood that you can maintain your privilege to drive and limit your exposure to jail.
What Is The Difference Between DUI And DUI Per Se?
In Colorado, "driving under the influence" is a different charge than "driving under the influence per se." DUI means a person has consumed "alcohol or drugs" such that the driver is "substantially incapable" of operating a motor vehicle. C.R.S. 42-4-1301. In a DUI, what must be proven to a jury beyond a reasonable doubt is impairment, that a driver is "substantially incapable" of operating a motor vehicle. DUI Per Se is different in that the prosecution must only prove a driver's blood alcohol content was above a .08 and it does not matter if they were impaired. In a DUI case, the prosecution may or may not introduce a blood or breath test to prove a DUI charge. A chemical test will be introduced in almost every DUI Per Se case.
Will I Lose My Driver’s License?
Will you lose your license if you are charged with a DUI? It depends. Some of the more common ways the Colorado Department of Revenue will revoke a person's privilege to drive are:
· Having a blood alcohol level that is over .O8.
· Driving with an excess blood alcohol level while underage.
· Refusing a chemical test.
· Refusing roadsides.
· Having one or more prior DUIs.
Everyone relies on their driver's license to go to and from work, school, and everywhere else. The prospect of losing your driver's license, trying to provide an income for your family, go to school, or carry on with your life, all while trying to defend criminal charges can be overwhelming. In certain circumstances, a driver may be eligible for reinstatement of their driver's license. In other circumstances, a driver may be eligible for a "restricted" driver's license.
STRATEGIES THAT CAN HELP
A detailed examination of what happened in your case is critical because there may be ways to limit and restrict what evidence is admissible at your trial. For example, there are a many different things that by law, must happen before a police officer can ask a driver to take a field sobriety test or a chemical test. Some of these issues revolve around your constitutional right to be free from unreasonable searches as seizures. There are times in DUI cases where a traffic stop, a request to conduct roadsides, or a request to do a chemical test are not done in a constitutional manner. When this happens, you may be able to get the evidence thrown out. With regard to chemical tests, there are times when chemical tests are not admissible in court because the test is not done right. Regulations as to how chemical test must be done are created by the Colorado Department of Health. We will closely examine the facts in your case and determine whether or not there is a way to exclude or limit evidence. Even if evidence is not thrown out due to constitutional issues or a chemical evidence is not suppressed, being aware of these weaknesses and making the prosecution aware them can sometimes result in a more favorable plea offer.
DRUG CHARGES
There Are Many Different Possible Outcomes
Depending on what the charge is, there are many different things that can happen in a drug case. In drug possession cases, weight enhancers or other things can require that a judge impose a mandatory range of prison. In other cases, a judge is required to impose a treatment based sentence and "exhaust" treatment options before imposing a prison sentence. Having a lawyer that understands the unique penalties for each of these crimes is critical. We understand how to deal with all possible drug charges and obtain the best result possible.
Suppression Issues
Many times, the most critical issue in a drug case is not the jury trial but the suppression issues. Drug cases almost always involve searches and seizures in one way or another. Under the Fourth Amendment of the United States Constitution and Article 2, Section 7 of the Colorado Constitution, all people have a right to be free from unreasonable searches and seizures. But what does that mean? No two cases are the same. There have been thousands of opinions issued by Colorado and federal appellate courts on search and seizure issues analyzing many different search and seizure issues. Some of the more common search and seizure issues in a drug case might include:
· Whether an affidavit in support of a search warrant was lawfully executed;
· Whether police deviated from the scope of a search authorized in a search warrant;
· Whether a traffic stop was conducted lawfully;
· Whether consent for a search was obtained;
· Whether police deviated from the scope of consent obtained;
· Whether a search of a cell phone was conducted lawfully;
· Whether a GPS unit attached to a car was attached lawfully;
· Whether a wiretap was conducted lawfully.
Mr. Merson has conducted thousands of suppression hearings and litigated these issues many different times. He has also written appeals concerning suppression issues on several different occasions. Do not go into the courtroom on a drug case without an advocate that understands the importance of litigating suppression issues.
Is It An Addiction Issue?
Nobody's family is immune from addiction issues and anybody who has anyone who has experience knows that this is truly a disease. When a person has a severe addiction issue, crafting a resolution that allows someone to enroll in treatment and move forward with their life is the best possible thing that can happen in a case.
SEX OFFENSE CHARGES
Sex crimes are some of the most complicated and serious charges in Colorado. As far as penalties go, few crimes in Colorado carry penalties as severe as sex offenses. They are among the most aggressively prosecuted crimes in any given jurisdiction. Some of the more common sex offenses in Colorado include:
· Sexual assault;
· Sexual assault on a child by one in a position of trust;
· Unlawful sexual contact;
· Internet sexual exploitation of a child;
· Child pornography;
· Internet pornography;
· Indecent exposure.
The two words "sex offender" causes a complicated and emotional reaction in many people, including prosecutors and juries. Those two words have the potential to ruin not only a person's reputation, but also, their life. We understand how to defend these kinds of charges and will help you achieve the best possible result for your case.
Sex Offender Registration
If you are convicted of a sex offense in Colorado, you will be required to register as a sex offender. The amount of time you are required to register as a sex offender and when you can petition the court to remove your name from the registry depends on the classification of the conviction.
Sex Offender Intensive Supervised Probation
Colorado law requires that any person that is convicted of a sex offense undergo sex offender intensive supervised probation. The standards and guidelines for treatment are promulgated by the Colorado Sex Offender Management Board. Conditions of probation for sex offenders are among the strictest in the country. Some of the more common and limiting conditions effect:
· Whether or not you are permitted to have contact with people under 18 (including your own children).
· With whom you are allowed to live.
· Where you are allowed to live.
· Where you are allowed to work.
· What you are allowed to do for work.
· How and when you are allowed to access the internet.
· How and when you are allowed into certain public areas.
Sometimes, a sex offender probation sentence can seem as restrictive as a prison sentence. It is very important that any person receiving a probation sentence on a sex offense have a full understanding of what they are signing up for before sentence is imposed.
JUVENILE CHARGES
What do you do when your child is accused of or under investigation for a crime? It may be tempting to pressure your child to “take responsibility” for whatever is alleged but to do so, you may be biting off more than your child can chew.
Juvenile Sentencing Scheme
The juvenile criminal justice system in Colorado can be very complex. There are so many different players in the courtroom and at times, it can be hard to keep track of everyone. While it is true that the goal of the juvenile statute is “rehabilitation,” all of these players can have very different opinions about what that means. Your view on rehabilitation may be much different than what the prosecution has in mind. Depending on the circumstances in the case and the charges, your child could be exposed to many different kinds of punishment. Detention, probation, commitment to the Department of Youth Services, and out of home placement with a group home are just a couple of the many different possible sentences. You want to be sure you hire an attorney that knows all of the different possibilities and what your child’s exposure.
Potential Fallout from a Juvenile Case
in addition to providing juveniles with the best possible defense, we are also happy to assist with expungement and record sealing. There is no reason that a childish mistake should be a black stain on your child’s record that might prevent future educational or career goals.
