Castle Rock Colorado Restraining Orders Attorneys
If you are a victim of domestic violence – or you fear that someone intends to harm you – the State of Colorado makes it possible for you to ask the court to issue a restraining order, also called a protective order. The order is designed to compel an individual to stay away from you. According to the Colorado Judicial Branch, obtaining an order requires that you state an individual has “hurt or threatened to hurt you and that you are in imminent danger of further abuse or threats if the order is not issued.”
The Castle Rock family law attorneys at Ellmann & Ellmann can provide you with complete information on obtaining a restraining order. We can also advise you about the ways in which an order can be a helpful strategy in protecting yourself and your children in situations where domestic violence seems likely. At Ellmann & Ellmann, we believe that you and your children deserve to live peacefully and without fear for your safety. We understand the situations in which restraining orders can be effective and we are prepared to take action on your behalf to help you ensure your well-being and that of your children.
In Colorado, there are two types of restraining orders. A temporary restraining order is issued for a period of up to two weeks (14 days). This is the first step in the process, and the order will tell you when you must return to court to ask that a permanent restraining order be issued. The temporary order can be obtained immediately. It can also address concerns about your children and their care and safety. In a dire situation that occurs after court hours, an emergency order of protection can be obtained. During business hours, you may make a complaint in civil court. If you seek legal representation, your family law attorney can assist you with the required paperwork and processes.
On the date specified on the temporary restraining order, you must return to the court to request a permanent order, or the temporary order will expire. The judge will determine how long a permanent order will remain in effect. Your family law attorney can fully explain the procedures involved so that you’ll know what to expect when you go to court for the permanent restraining order.
What happens if someone tries to violate a restraining order? You should call the police immediately to report any violation. The individual named in the order can be arrested if police believe there is probable cause that a violation has occurred. If the individual is charged, he (or she) could face jail time or other legal penalties.
The Colorado family lawyers at Ellmann & Ellmann will meet with you to examine your situation and advise you on the legal options available to you. We will work aggressively to defend your rights and to help you ensure your own safety and that of your children. At Ellmann & Ellmann, we understand that conflicts can occur at all hours. That’s why our firm is committed to being available to you when you need us. Contact Ellmann & Ellmann online any time, or call our offices at (303) 834-3876.
What Does a Restraining Order Do?
When you file a complaint in civil court and state that you have been harmed by someone, or that you fear harm is imminent, the court can issue a temporary restraining order. This enables the judge to order the person you fear to stay a specified distance away from:
- Your home
- Your work
- Your children’s schools or day care facilities
- Places you frequent with friends and family
- Public places you frequent
If the person you fear threatens you after you’ve obtained a temporary restraining order, call police at once. When you return to court for a permanent restraining order, tell the judge about any threats against you, your children, your family, or others.
Source: State of Colorado Judicial Branch
Colorado Drug Attorney
If you’re charged with a drug-related crime in Colorado, you could find yourself facing serious consequences. Just possessing so-called “controlled substances” is illegal, but so is selling drugs, manufacturing them, dispensing or distributing them and more. The severity of drug charges can be affected by multiple factors – what drug you have, the amount of the substance, and the reason for which you have it.
The Denver drug charge attorneys at Ellmann & Ellmann know the law when it comes to drug offenses. Whether you’ve been arrested for possessing a substance for personal use (generally the least serious of the range of potential drug violations) or something more complicated, we’re here 24/7 to meet with you and to take immediate action on your behalf. If you’ve been arrested for drug charges, you need to know your rights. At Ellmann & Ellmann, our criminal defense lawyers have the know-how to represent you confidently and effectively.
Colorado has adopted the same system of classifying controlled substances that is used by the federal government. The system is referred to as drug scheduling and lists five categories (schedules) that include substances the government regulates. Schedule 1, 2 and 3 drugs are considered the most dangerous. That determination is based on a drug’s potential for abuse, whether it is useful for medical purposes, its level of safety, its potential for causing dependency, and other factors.
If you are arrested on drug charges, the consequences can vary widely. If you’re charged with possession of a minimal amount of a controlled substance for your own use, for instance, you might be fined and perhaps placed on probation. However, if you’re arrested for possession of a large amount of cocaine that’s obviously been packaged for sale in small quantities, the charges are going to be significantly more serious, and you could find yourself facing penalties that include long-term imprisonment.
When your freedom and livelihood are at stake, you want experienced, accessible legal help. The Denver drug charge defense lawyers of Ellmann & Ellmann will confer with you to learn the circumstances of your arrest, to determine the weaknesses in the case against you, and to explain the options available to you. Call Ellmann & Ellmann and request your free, confidential consultation. You can reach our firm at any hour online or by phone at (303) 834-3876.
Drug-Related Arrests in Colorado
Figures provided by the FBI report 17,851 arrests for drug abuse violations in Colorado for the most recent year available. Of that number, minors under the age of 18 accounted for 3,456 arrests.
Information from the nation’s Drug Enforcement Administration confirms DEA arrests in the U.S. for 2009 totaled 30,567.
In addition to the federal arrest statistics, state and local law enforcement agencies in Colorado account for thousands more arrests each year for various drug charges. For instance, in Denver alone, more than 3,700 adult arrests for drug charges were reported in a year’s time by the Denver Police Department.
Sources: FBI, Drug Enforcement Administration, Colorado Bureau of Investigation, Denver Police Department
Theft & Property Crimes
Colorado Theft Attorney
The Colorado statutes explain theft as an act of knowingly taking or concealing something of value from someone else with the intention of permanently keeping them from having it or from benefiting from it. Theft can cover a lot of territory, from taking inexpensive merchandise from a store shelf to stealing large sums of money. According to the U.S. Bureau of Justice Statistics, theft occurs more frequently than any other property crime. Obviously, the potential penalties associated with theft and property crime can vary greatly, too, depending on what has been stolen or what sort of act committed.
Colorado theft and property crime attorneys at Ellmann & Ellmann know that charges involving theft or property crimes demand a comprehensive understanding of the law. They also recognize how important it is to fully analyze the circumstances under which an individual is arrested for such charges. At Ellmann & Ellmann, our criminal defense lawyers have wide-ranging experience in handling cases involving all types of theft and property crimes charges. We know how to ensure that your legal rights are protected.
Aside from theft, other property crimes might include burglary, car theft, larceny, purse snatching and more. And when it comes to theft, the computer age has ushered in the era of cybercrime and identity theft – which includes the unauthorized use of someone else’s credit cards, bank accounts and personal information.
In Colorado, rates of theft and property crime have been declining since 2005. The U.S. Bureau of Justice Statistics reported 188,449 property crimes in the state that year, with a much lower total of 141,107 for its most recently documented year (2008). Similarly, larceny/theft figures for Colorado in 2005 totaled 112,843 reported offenses compared with 99,468 in 2008. Latest data shows Colorado’s property crime rate at 2,856 per 100,000 residents. The rate of larceny/theft is 2,014 per 100,000 people.
If you’ve been convicted of theft or property crime in Colorado, the potential penalties can vary significantly, depending on the specific crime that occurred and the circumstances within which the crime happened. For instance, theft of property valued at less than $1,000 is a misdemeanor offense. In contrast, stealing property worth more than $1,000 is a felony. The difference can be as marked as a fine or a few months in county jail versus years in a state penitentiary.
Call on the Colorado theft and property crimes defense attorneys at Ellmann & Ellmann for expert assistance if you’ve been charged with a theft offense. When your freedom could be at stake, you need a criminal defense lawyer who will be available when needed, but you also need a knowledgeable attorney with proven experience in handling a wide variety of theft and property crimes cases. The law firm of Ellmann & Ellmann offers you that kind of professional capability. Call us at (303) 834-3876 for a consultation or contact us online now.
About Property Crimes and Theft
In the U.S., more than 16 million households encounter some kind of property crime per year. That means that about 135 of every 1,000 households experience a property crime.
Government statistics confirm that theft is the most prevalent of property crimes. On a yearly basis, more than 12 million property thefts happen in the U.S., making almost 102 of every 1,000 households likely victims.
Source: U. S. Department of Justice, Bureau of Justice Statistics
Auto Theft in Colorado | Castle Rock
In Colorado, about 272 of every 100,000 people can expect to have their cars, trucks or other motor vehicles stolen in the space of a year’s time. That means that more than 13,400 vehicle thefts typically occur in the state each year, and Denver/Aurora is the top-ranked area for car thefts in Colorado. Stealing a motor vehicle can be either a felony or a misdemeanor offense, depending on the circumstances involved and on the value of the vehicle.
The Colorado auto theft defense attorneys at the law firm of Ellmann & Ellmann understand how many different situations can result in charges of auto theft. Because each case is unique, our legal experts know how important it is to sit down with you to fully explore the charges you face. We also know that arrests often don’t conveniently happen during standard office hours. That’s why the auto theft defense lawyers at Ellmann & Ellmann have made the commitment to be available when you need us. If you’ve been arrested for auto theft, we’re ready to act swiftly to protect your rights.
Colorado has undertaken particularly aggressive tactics to respond to vehicle thefts. State law created the Colorado Auto Theft Prevention Authority for the specific purpose of reducing vehicle theft in the state. That means that increased efforts by law enforcement agencies can encourage assertive responses by officers when auto theft is suspected. It’s important to know that your legal rights aren’t jeopardized because of such an approach. If you’re charged with auto theft, rapid consultation with an experienced criminal defense attorney can help ensure that you are protected from an overzealous law enforcement action.
Just what happens if you’re arrested? Law enforcement officers will advise you of your rights, including your right to speak with an attorney. Specific time-frames will apply to the procedures that follow your arrest, including the time within which you must be formally charged and bond determined. Because the procedures that follow your arrest can be complicated, securing the services of an experienced criminal defense attorney is especially vital. You need to know what to expect and how to respond effectively.
If you’ve been charged with motor vehicle theft, the Denver auto theft defense lawyers at Ellmann & Ellmann will take swift action to respond to those charges. We’ll work to reduce the possible penalties involved if the charges cannot be dismissed or the situation rectified through restitution to the vehicle owner. Even if you’re only facing a misdemeanor charge, a conviction can mean jail time and a record that might prevent you from securing future employment in some instances. Don’t gamble with your freedom or your livelihood. Contact the Colorado auto theft defense lawyers at Ellmann & Ellmann online or call us for a confidential consultation at (303) 834-3876.
Vehicle Theft and Colorado Law
In Colorado, first-degree aggravated vehicle theft happens when a person knowingly takes control of someone-Else’s vehicle without their permission or by deceit or threat. In addition, the individual who took the vehicle does one or more of the following:
· Keeps the vehicle 24 hours or more.
· Tries to change the vehicle’s appearance.
· Tries to change the vehicle identification number.
· Uses the vehicle to commit a crime.
· Causes more than $500 property damage in the course of stealing the vehicle.
· Injures someone while in control of the vehicle.
· Takes the vehicle out of Colorado for more than 12 hours.
· Switches the vehicle’s license plates.
Many other elements can figure into vehicle theft charges in Colorado. Penalties depend on multiple factors and can result in substantial fines, loss of driving privileges, jail or prison time, and more.
Source: Colorado Statutes
Sealing of Criminal Records
Getting Your Criminal Record Sealed in Colorado
If you or someone you care about has made a mistake in the past that resulted in a criminal record, that record can follow you for a long time, perhaps causing you problems in applying for jobs, in renting an apartment or in other situations. There are circumstances in which you may have the right to ask the court system to have your criminal record sealed in Colorado. That means that the general public cannot access those records. Sometimes the term “˜expungement’ is used in referring to criminal records, as well. While sealing your record prevents public examination of the documents, expunging a record involves actually destroying it. Colorado law addresses both sealing and expungement, but the processes involved can be complex, calling for the informed advice of a qualified Colorado criminal law attorney.
The experienced attorneys at Ellmann & Ellmann know that past mistakes can continue to cause difficulty long after charges have been dismissed or you have acquitted at trial. Your emotional and financial well-being – and that of your loved ones – can be adversely affected by the lingering effects of a criminal record. But we can help. Our experienced criminal defense lawyers are knowledgeable about Colorado’s procedures for having criminal records sealed. We can work with you to help ensure that routine checks by potential employers, landlords, or others don’t limit your present activities and prospects anymore.
Colorado’s court system defines sealed criminal records as those “involving a criminal incident that can be represented not to exist.” In effect, what that means is that you must meet certain eligibility criteria in order for the court to consider sealing your records. That can happen when:
- There were no charges filed against you
- Your case was dismissed
- You went to trial and were acquitted of all the charges against you
To have your criminal record sealed in Colorado, the state requires you to petition the district court. This must be done in the district that actually has your criminal records. If you have multiple cases you want to have sealed, separate petitions must be filed for each. You will also be required to pay a fee for each of the petitions. Your Colorado criminal defense attorney from Ellmann & Ellmann can advise you if you meet the eligibility requirements to have specific incidents sealed. Further, our lawyers will file the petition(s) and represent you through the necessary court proceedings. You can be assured that the process will be fully explained to you and handled expediently.
The Colorado criminal defense lawyers at Ellmann & Ellmann offer you a free consultation to discuss your desire to seal your criminal records. We will explore your situation and help you understand the circumstances under which you may petition the court. Our criminal records attorneys offer the experience and legal know-how you need to cut through red tape and accomplish your goal of limiting access to information about past mistakes. Call our offices today to schedule a consultation: (303) 834-3876. For your convenience, you may also contact Ellmann & Ellmann online.
Which Records Can Be Sealed?
In Colorado, you may request the court system seal the following types of records:
- Contact made by the police department.
- Your arrest.
- “An indictment, information, or summons and complaint and any court case associated with it.”
- Other records pertaining to the incident that are on file with a criminal justice agency.
Source: Colorado State Judicial Branch
Colorado Juvenile Defense Attorney – Serving Castle Rock & All of Douglas County.
No one wants to imagine that their child might get into legal trouble, but juvenile offenses happen and children make mistakes. In Colorado, the court system that addresses juvenile offenses has procedures and rules that are uniquely its own. Although a crime is committed by a child, he or she may face punishments that can be as life-changing and serious as the sentences that are applicable to adult offenders. When your child is in trouble, you need the counsel of a qualified Colorado juvenile defense attorney.
At Ellmann & Ellmann, our Castle Rock Colorado juvenile defense attorneys know how upsetting it can be for children and parents, alike, when a child is accused of breaking the law. We approach cases involving children with the compassion and sensitivity you want for your family. Our juvenile offenses lawyers are well-versed in the state’s juvenile justice system, and we understand the laws and the procedures that apply in such cases. Whether you child has been accused of a misdemeanor or a more serious felony offense, the attorneys of Ellmann & Ellmann stand ready to explain your options and to provide the informed guidance you and your child need at this difficult time.
Offenses committed by juveniles in Colorado are characterized as status offenses or delinquency offenses. Status refers to the fact that it is illegal for minors to engage in some actions that would not be illegal if they were adults. Examples of status offenses are possession/use of alcohol, violation of curfews, running away from home or skipping school (truancy).
On the other hand, delinquency charges encompass more serious activities, such as drug violations, vandalism, assaults and other violent crimes, theft and destruction of property. As in the adult world, convictions for committing serious crimes carry substantial consequences. If your child is convicted of a serious crime, he or she could feel the effects for many years. A criminal record can affect your child’s:
- Eligibility to obtain a driver’s license
- Ability to go to the college of his/her choice
- Qualification for financial aid
- Eligibility to join the armed forces
- Future employment prospects
The Colorado juvenile defense attorneys at Ellmann & Ellmann will work tirelessly to defend your child’s rights. We are experienced in a wide range of juvenile charges, and we will provide you and your child with the personalized attention you deserve. Our Colorado juvenile defense attorney understand how devastating it can be to see your child face the threat of commitment to a juvenile detention facility or other institution. We will aggressively represent your child and work to have charges or penalties reduced or dismissed whenever possible. Our attorneys offer a free consultation to explore your situation, and we’ll explain the alternatives available to you and your child. Call our offices at (303) 834-3876 or contact Ellmann & Ellmann online.
Juvenile Arrests in Colorado
Offenses by adults and juveniles, alike, are tracked by the Colorado Bureau of Investigation. In 2009, the Bureau reported 39,876 arrests of juveniles on a variety of charges. Selected arrests include:
Liquor law violations 3,970
Drug violations 3,332
Disorderly conduct 3,124
Curfew violations 1,960
Aggravated assault 638
Weapon violations 495
Motor vehicle theft 330
Sex offenses 227
Family offenses 81
Forcible rape 68
Source: Colorado Bureau of Investigation
Traffic & Speeding Ticket Attorney
In Colorado, traffic offenses can encompass many kinds of violations. Certainly, impaired driving while under the influence of alcohol or drugs can spell serious consequences for motorists, but other violations also can mean distressing and costly results. Convictions for speeding, reckless driving, illegal turns, driving without a valid license, leaving the scene of an accident, running a red light and other offenses can mean higher insurance rates, points against your driver’s license, fines, loss of driving privileges and other penalties. If you’ve been charged with a traffic violation, don’t discount it as a minor inconvenience. You need the advice of an experienced Traffic & Speeding ticket attorney in Castle Rock Colorado.
The Castle Rock traffic ticket lawyers at Ellmann & Ellmann know that it’s a mistake to assume a violation such as speeding or running a stop sign can’t have potentially long-lasting effects. Our attorneys are experienced in handling a wide range of cases involving traffic offenses. We’re ready to work for you to have charges reduced or dismissed or to minimize the penalties you face. At Ellmann & Ellmann, we know that traffic issues don’t always happen during the typical workday, so we’re accessible when you need us, day or night.
What can happen if you’re arrested for a traffic violation? Although many people imagine that they might just pay a ticket and be done with an offense, it often isn’t that simple. Of course, penalties vary with violations, but some of the consequences you could face include:
- Driver’s license points
- Increased insurance rates
- Mandatory classes for drivers
- Community service
- Jail sentences
- Driver’s license suspension or revocation
- Payment of fines
- Payment of restitution
Penalties are more severe when traffic offenses result in damage to property or in injuries or deaths. The laws that apply to violations are extensive and complex. An informed interpretation of your situation relies on a clear understanding of the law as it applies to your individual circumstances. Seek reliable guidance from a qualified Colorado traffic & speeding ticket attorney.
At the law firm of Ellmann & Ellmann, our experienced Colorado traffic offense attorneys will take immediate action to ensure that your rights are respected. We have successfully negotiated dismissal of charges or lowered charges for motorists we’ve represented. Our Colorado traffic offense lawyers understand that traffic violations can mean long-lasting and damaging results. Your employment could be at stake. Your financial situation can be adversely affected. Your ability to earn a living could be compromised if you lose your driving privileges or if you face jail time. Ellmann & Ellmann have the knowledge and proven legal skills you need when you’ve been charged with a traffic offense. Contact our offices for a free consultation. Email Ellmann & Ellmann online or call us at (303)814-2600.
Traffic Offenses in Colorado
The Colorado State Patrol is involved in investigations of about one in three vehicle crashes that occur in the state. Latest data puts that figure at more than 27,000 crashes in a year’s time.
Some of the traffic offenses involved in those crashes:
Driver inattention 4,961
Lane violations 2,707
Following too closely 2,118
Failure to yield 1,384
Asleep at the wheel 614
Improper left turn 480
Improper passing 325
Stop sign violation 198
Driving on wrong side 120
Parking violation 35
Signal violation 14
Source: Colorado State Patrol
Crimes more minor in nature than felonies are called misdemeanors. Unlike felonies, convictions for misdemeanors do not result in prison terms (or more severe penalties). Although you can be forced to give up your freedom for a misdemeanor conviction, incarceration takes place in a city or county jail as opposed to a prison. If you’re convicted of a misdemeanor offense, you may be sentenced to pay a fine only. In some situations, convictions result in both jail time and fines.
The Denver defense attorneys at Ellmann & Ellmann understand that your life can be disrupted by a misdemeanor conviction. We’ll take time to meet with you and get a clear understanding of the circumstances you face. Then, we’ll go to work on your behalf, applying our expertise with the goal of having charges against you reduced or dismissed. If a conviction does result, we’ll aggressively represent your interests and work to secure the minimum sentence possible within your unique situation.
Like the classification systems for felonies in Colorado, the lower the number of a class of misdemeanor, the greater the degree of seriousness. A Class 1 misdemeanor also carries stricter sentence limits than do Class 2 or 3 offenses. Colorado adds another consideration to the mix, too. State lawmakers have designated some offenses that present what they call “an extraordinary risk of harm to society.” Maximum jail sentences for those crimes are increased by six months. What kind of offenses are considered extraordinary risk crimes? Some examples are sexual assault, child abuse, and protection order violations. In order to constitute extraordinary risk, special circumstances must be demonstrated. A skilled misdemeanor defense attorney can accurately assess the charges against you to determine the exact nature of the misdemeanor offense involved.
Colorado criminaldefense lawyers at Ellmann & Ellmann understand the intricacies of Colorado law and will work to have charges against you reduced or dismissed whenever possible. It is important to know that judges can exercise their discretion when it comes to sentencing people convicted of criminal offenses. Your criminal defense attorney from the firm of Ellmann & Ellmann will aggressively represent you, working to lower the charges you face and to avert or minimize any punishment you might receive. When you need experience on your side, call Ellmann & Ellmann at (303) 834-3876. Or contact us online. We’re accessible around the clock to serve you.
Crimes more minor in nature than felonies are called misdemeanors. Unlike felonies, convictions for misdemeanors do not result in prison terms (or more severe penalties). Although you can be forced to give up your freedom for a misdemeanor conviction, incarceration takes place in a city or county jail as opposed to a prison. If you’re convicted of a misdemeanor offense, you may be sentenced to pay a fine only. In some situations, convictions result in both jail time and fines.The Denver defense attorneys at Ellmann & Ellmann understand that your life can be disrupted by a misdemeanor conviction. We’ll take time to meet with you and get a clear understanding of the circumstances you face. Then, we’ll go to work on your behalf, applying our expertise with the goal of having charges against you reduced or dismissed. If a conviction does result, we’ll aggressively represent your interests and work to secure the minimum sentence possible within your unique situation.Like the classification systems for felonies in Colorado, the lower the number of a class of misdemeanor, the greater the degree of seriousness. A Class 1 misdemeanor also carries stricter sentence limits than do Class 2 or 3 offenses. Colorado adds another consideration to the mix, too. State lawmakers have designated some offenses that present what they call “an extraordinary risk of harm to society.” Maximum jail sentences for those crimes are increased by six months. What kind of offenses are considered extraordinary risk crimes? Some examples are sexual assault, child abuse, and protection order violations. In order to constitute extraordinary risk, special circumstances must be demonstrated. A skilled misdemeanor defense attorney can accurately assess the charges against you to determine the exact nature of the misdemeanor offense involved.Colorado criminaldefense lawyers at Ellmann & Ellmann understand the intricacies of Colorado law and will work to have charges against you reduced or dismissed whenever possible. It is important to know that judges can exercise their discretion when it comes to sentencing people convicted of criminal offenses. Your criminal defense attorney from the firm of Ellmann & Ellmann will aggressively represent you, working to lower the charges you face and to avert or minimize any punishment you might receive. When you need experience on your side, call Ellmann & Ellmann at (303) 834-3876. Or contact us online. We’re accessible around the clock to serve you.
How Colorado Punishes Misdemeanor Offenses
In Colorado, misdemeanor offenses fall into three levels, or “classes.” For each class of misdemeanor, state law sets a minimum and a maximum possible sentence.
Class 1 Misdemeanor
- $500 fine and/or 6 months in jail
- $,5000 fine and/or 18 months in jail
Class 2 Misdemeanor
- $250 fine and/or 3 months in jail
- $1,000 fine and/or 12 months in jail
Class 3 Misdemeanor
- $50 fine
- $750 fine and/or 6 months in jail
Source: Colorado Statutes
Felonies are serious offenses that include such acts as burglary, robbery, rape, kidnapping, manslaughter and murder and are usually characterized as those offenses for which prison time is possible. Colorado law specifies six classes or degrees of felonies, with lower numbers signifying the most severe crimes. For instance, first-degree murder is a class one or first-degree felony. When you’ve been charged with a felony offense, knowing what to expect and what legal rights you have can be crucial. For expert advice, you need a knowledgeable criminal defense attorney.
In Colorado, the Denver defense lawyers at Ellmann & Ellmann understand how to help those accused of committing felonies. Our attorneys are experienced in all aspects of criminal defense and we understand what a confusing and upsetting time you’re facing. That’s why we’re committed to being accessible when you need us, day or night. It’s also why we promise you personalized attention and a free consultation to explore your options.
In a year’s time, about three out of every 100,000 adults in Colorado will be arrested for homicide. More than 10 out of every 100,000 are arrested for rape. Nearly 20 will be arrested for robbery, and about 117 of every 100,000 adults in the state will be arrested for aggravated assault. These figures provided by the U.S. Department of Justice represent the consequences of only a handful of possible felonies that are committed in Colorado each year.
Colorado Felony statutes specify minimum and maximum sentences for Colorado felony convictions. Those range from life in prison to the death penalty for Class 1 felonies. In contrast, Class 6 felonies carry a minimum sentence of one year in prison and a $1,000 fine, and a maximum of 18 months’ imprisonment and a $100,000 fine. It is easy to see that conviction of a felony in Colorado can be a life-changing, even a life-ending, event. The choice of an attorney who can provide you with aggressive and informed defense literally can have a drastic impact on the outcome of your case.
What happens when you’ve been charged with a felony? First, you must make a court appearance, at which time a judge will formally communicate the charges against you, explain your rights, order another court date and, perhaps, set an amount for your bond. Class 3, 2 and 1 felonies proceed to a preliminary hearing where evidence against you is presented. If the judge determines that probable cause exists, you’ll be arraigned. At this stage, you’ll enter a plea. If you plead not guilty, you retain your right to request a trial by jury. As your case moves ahead, pretrial hearings may be held to address specific issues, including the possibility of entering a negotiated plea agreement. Depending on the outcome of your case, and trial if necessary, you may return to court for sentencing. At all those stages, it is vital that you have a skilled Denver criminal defense attorney at your side to present arguments in your behalf.
The Colorado Felony criminal defense lawyers at Ellmann & Ellmann will aggressively defend your rights at every stage of the felony process. We are experienced in handling a full range of felony charges, and we are prepared to take rapid and decisive action based on the unique circumstances you face. When you need proven legal know-how on your side, contact Ellmann & Ellmann online or call (303)814-2600.
Serious Crime in Colorado
Crimes in the state are tracked by national, state, and local agencies. These figures for violent and property crimes (felonies) during the most recent year available represent a compilation of data from all reporting agencies.
Violent Crimes 17,129
Aggravated assault 11,510
Property Crimes 141,107
Vehicle theft 13,417
Source: U. S. Department of Justice, Bureau of Justice Statistics
DUI Castle Rock Law Firm
Denver DUI Attorney | Colorado Drunk Driving Laws
When charged with drunk driving, you need a qualified and aggressive Denver DUI attorney. At Ellmann & Ellmann, P.C. in Castle Rock, Colorado, we have provided legal help to many clients facing Colorado Drunk Driving charges throughout the state.
Colorado is deemed an express consent state. The act of getting behind the wheel of a car means that you agree to consent to a chemical test of breath or blood only if probable cause exists. Refusing to submit to testing will cause your license to be revoked for one year without the ability to secure a restricted license or drive at all.
DUI vs. DWAI
Driving under the influence (DUI) is operating a motor vehicle at a .08 or higher alcohol level. Driving while your ability is impaired (DWAI) is charged if the driver’s blood alcohol level is .05 or higher. The charges are very similar and carry similar penalties. The burden of proof by the prosecution differs only in that they are required to prove that you were affected to the slightest degree, beyond the level of exercising clear judgment.
Needing a Qualified DUI Attorney
Colorado Drunk Driving Laws are complex and the penalties are serious. Many who have been charged immediately plead guilty in an effort to make the matter go away. They disregard the issues of license revocation, higher insurance rates and a DUI on their record.
When you meet with a Denver DUI attorney at Ellmann & Ellmann, P.C., we immediately get to work on your case. That includes working to protect your ability to drive while the case is ongoing. We will also gather all the evidence, including any paperwork and video or audio footage of the arrest. When facing a Colorado Drunk Driving charge, you have rights and if those rights were violated by arresting officers, we will fight to protect you and see that the officers answer for their actions.
Issues, including probable cause for the stop, the field sobriety test, and chemical testing can all be challenged when you are represented by a knowledgeable Denver DUI attorney. A Denver Drunk Driving DUI charge does not equate to a DUI conviction. Get the representation that you are entitled to at Ellmann & Ellmann, P.C.
For more information or to schedule a free consultation, please contact us.
Ellmann & Ellmann, P.C.
333 Perry Street, Suite 204
Castle Rock, CO 80104
Office: (303) 834-3876
Fax: (303) 814-2618
We accept American Express, Mastercard, Visa & Discover
Best Criminal Attorney | Castle Rock Colorado
Being convicted of a felony or misdemeanor is a mark on your record that will follow you wherever you go. Many of those charged feel that the only way for the matter to go away is to plead guilty immediately. You have options and rights. You need a law firm that understands Denver Criminal Law and will perform a detailed investigation of the procedures involved to make sure your rights were not violated. We have handled cases regarding charges for all levels of crimes in State, County, and Municipal Courts throughout Colorado.