Case Results

DWAI: Deferred Judgment in 26 days

Client was arrested on April 4 and charged with Driving While Ability Impaired. The traffic stop was the result of failure to dim headlights. There was also a charge of open alcohol container in the vehicle. Quick negotiations resulted in an agreement to a Deferred Judgment with the minimum hours of Public Service and the minimum fine. The Deferred Judgment was entered on May 1. Quick negotiations can result in minimum consequences and cost with an acceptable disposition.

DUI and Weapons Charge for an 18 Year Old

Client drove off the road and was contacted by Colorado State Patrol. The trooper observed several indicators of alcohol consumption and Client failed the Voluntary Roadside Maneuvers. Client refused to take a chemical test and was released to his parents since he was 18 years of age. The trooper found a rifle in the vehicle. Client was charged with Driving Under the Influence, Minor in Possession of Alcohol, Possession of a Weapon While Under the Influence, and Careless Driving. Negotiations resulted in a dismissal of the MIP and Careless Driving charges, and a Deferred Judgment on the reduced charge of Driving While Ability Impaired. The Weapons charge was reduced to an Attempt. The prosecutor requested a 30-day jail sentence on the Weapons charge, but arguments to the Judge resulted in a 60-day suspended jail sentence. Client did not lose his driving privilege with the Deferred Judgment and avoided any incarceration and all sentencing conditions were minimized.

Out-of-State DUI Arrest

Client was visiting from California and was driving a rental car and did not have the headlights fully engaged. He was pulled over and the officer reported the typical signs of intoxication. After Client attempted and failed to perform the roadside maneuvers to the officer's satisfaction, he was arrested and provided a breath sample with a blood alcohol reported at .116 grams. Client returned to California and I advised him not to request an Administrative Hearing which would have prevented him from obtaining a duplicate California license. Negotiations resulted in a Deferred Judgment and the plea was entered by mail and the client did not have to return to Colorado. Client never lost his Colorado driving privilege and he will attend the alcohol classes and perform the Public Service hours in California. No jail, no supervised probation and no fine were imposed. The consequences for an out-of-state dui can be minimized if the case is handled correctly.

Domestic Violence

Husband and wife engaged in an argument that led to pushing and shoving and a hole being punched in a wall. Husband was arrested for Harassment and Criminal Mischief with a Domestic Violence designation. The Protection Order was modified immediately to allow mutual, consensual contact and the status conference occurred 24 hours after the Advisement Hearing. A Lethality Assessment was obtained within a week and the wife wrote a letter to the Deputy District Attorney explaining her feelings about the prosecution and requesting that the case be dismissed. The couple agreed to go into counselling and the case was dismissed. A Domestic Violence disposition may be avoided with proactive and immediate defense work.

Burglary and Contraband

Client was arrested after being found in a condo where personal property had been disturbed. Upon being booked into the jail, drugs were found on the Client's person. Client immediately went into an outpatient substance abuse treatment program and submitted to random testing. Negotiations resulted in Deferred Judgments without any felony convictions. At the Sentencing Hearing, the Judge was persuaded not to impose any jail sentence and the Defendant was placed on two years of supervised probation with the requirement of volunteering Public Service hours each month. The Court was persuaded that rehabilitation and not punishment was the appropriate disposition.

Domestic Violence Second Degree Assault

Client was charged with Domestic Violence Felony Assault and Obstruction of Telephone which threatened him with a prison sentence of two to six years. Client went into a treatment program and his court date was delayed for six months to allow him this rehabilitation. The victim of the assault was supportive of the treatment and negotiations resulted in a Deferred Sentence with no conviction of the felony offense with two years of supervised probation and no jail sentence. The Deferred Judgment provided for the Client to successfully complete his Domestic Violence treatment and dismissal of the felony charge. Rehabilitation and reduction may be an appropriate and available alternative to imprisonment.

DUI with Accident with a Verdict of Not Guilty

Client went off the roadway and rolled his vehicle and was taken to the Emergency Room. Two troopers reported detecting an odor of alcohol and observed other indicators of intoxication. Client refused to perform any roadside maneuvers and he also declined to submit to a legal blood draw to determine his blood alcohol level. Client also refused to give consent for law enforcement to obtain his medical records. A jury trial was held and defenses of driving behavior prior to the accident and lack of information regarding the Express Consent Law were presented. The jury returned a verdict of not guilty to DUI within 30 minutes.

Careless Driving Causing Death

Client was driving from Craig to Kremmling and her fiancé was asleep in the back seat. As she approached Kremmling, she fell asleep and the vehicle left the highway and the result was the death of the passenger. CSP performed a Fatality Crash Report and could not determine the speed of the vehicle. The conclusion of the report was that the client either fell asleep or passed out. The client received medical treatment and consented to a blood draw. The presence of a controlled substance was reported by the CBI Lab Report. Further investigation determined that the controlled substance was administered by the hospital to client after the accident. Negotiations resulted in a six-month Deferred Judgment with no supervised probation and 24 hours of Useful Public Service and no fine and 48 hours in a county jail. No one intentionally falls asleep while driving and an accident resulting in death may not require a conviction.

Second Degree Assault and Kidnapping Domestic Violence

Client was charged with Felony Assault and Kidnapping with designations of Domestic Violence. Accounts from witnesses and medical reports corroborated the allegations. Client immediately submitted to a Domestic Violence and Psychological Evaluation. Furthermore, discussions with the spouse-victim and other members of the family resulted in an agreement that a felony conviction and incarceration should be avoided. Many character reference letters were collected and were submitted to the prosecutor together with the evaluations. A plea agreement was entered wherein Deferred Judgments avoided felony convictions and prison sentences of up to (8) years. Four years of supervised probation were imposed with credit for 20 days of jail time served. The Protection Order was continued during the time of supervised probation and unsupervised probation. Support from the family can avoid the sanctions of prosecution.

Second Degree Assault

Client and boyfriend got into an argument that resulted in a charge of Second Degree Assault with Strangulation against Client. This is a Class 4 felony which provides upon conviction for (2) to (6) years of prison followed by (3) years of parole. Fortunately, the boyfriend was willing to work with us in convincing the prosecutor not to pursue a felony disposition. Negotiations resulted in a plea of guilty to a Misdemeanor Harassment, non-physical, subject to a one-year Deferred Judgment and Sentence. No jail sentence was required and no Public Service hours were ordered. This was a clean Deferred Judgment and upon completion of one year of supervised probation, the record will be sealed, thereby eliminating a Domestic Violence arrest record. Working with the identified Protected Party can avoid a felony conviction, incarceration and a permanent Domestic Violence designation on the Criminal History.

Felony DUI

Client experienced his fourth (4th) DUI arrest and pursuant to Colorado Law, it was filed as an F-4 felony. The law provides for a felony conviction and a prison sentence to two (2) to six (6) years, followed by three (3) years of parole. Client was advised and agreed to go into a 60-day residential treatment program with outpatient therapy. The case was delayed for six months so that Client could complete the residential treatment program and establish his sobriety. Negotiations resulted in a Deferred Judgment on the felony charge with no prison sentence. Client entered a plea of guilty to a misdemeanor DUI and was sentenced to 120 days in the county jail which is going to be served in the Moffat County Work Release Program. Client will complete the Alcohol Education Class and perform Public Service hours. An Application for Reinstatement was made to the Colorado Department of Motor Vehicles and a restricted driver's license was issued. The Felony DUI Law provides for alternative dispositions and being proactive and pursuing negotiations can avoid a felony conviction, a prison sentence and even jail incarceration.

Felony Drug Charge Resolved with a Deferred Judgment in 30 Days

Client was arrested on October 7, 2018, for the offense of Felony Possession of a Controlled Substance. A substance abuse evaluation was immediately scheduled and negotiations began with the Deputy District Attorney. A plea agreement was reached with a Deferred Judgment on the reduced charge of misdemeanor drug use with a stipulation of no incarceration and supervised probation of 2 years with early termination. The only requirements of the Deferred Judgment was the evaluation and recommended treatment and 96 hours of Useful Public Service within 1 year. This was a clean Deferred Judgment which means the record will be sealed after 2 years. Immediate action can obtain an acceptable disposition with the minimum consequences.

Dismissal of Protection Order Violation and Revocation of Deferred Judgment

Client was under a Domestic Violence Deferred Judgment and was charged with a Violation of the Protection Order. Witnesses were interviewed and a plea of not guilty was entered and the matter was set for trial. Negotiations continued and the prosecution requested a plea of guilty with a jail sentence. The plea offer was rejected and trial preparation followed. The day before the trial, the Deputy District Attorney dismissed the Violation of Protection Order charge and the Complaint to Revoke the Deferred Judgment. Taking a firm stand after an appropriate evaluation of the case can lead to a dismissal.

Arrest for Felony Possession of Controlled Substance

On October 7, 2018, Client was arrested for the Felony Possession of a Controlled Substance. Law enforcement entered the dormitory room of Client and discovered a bag of mushrooms and other drug paraphernalia. A Substance Abuse Evaluation was immediately obtained and presented to the Deputy District Attorney. Negotiations resulted in a Deferred Judgment for the misdemeanor offense of Unlawful Use of a Controlled Substance on November 7, 2018. No jail sentence was imposed and the Defendant was placed on two years of supervised probation and was ordered to perform 96 hours of Useful Public Service. This clean Deferred Judgment will result in a dismissal and the Defendant will have the record of this felony drug offense sealed. Immediate attention and action can prevent a criminal prosecution from dragging on for months.

Dismissal of Felony Menacing with a Gun

Client was accused of threatening another motorist with a gun. The reporting party and his passenger accused Client of aiming a pistol at them during a driving dispute. They described the weapon as a small black pistol, possible a .25 caliber. Negotiations involved convincing the Deputy District Attorney that Client was not in possession of a gun and that the reporting party and witness saw his cell phone when he was taking a picture of them. The dismissal of the case avoided a felony prosecution and all consequences. The arrest and prosecution records were sealed by Court Order.