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Criminal Procedure

Recent Posts in Criminal Procedure Category

  • What Are Collateral Consequences?

    Are you facing criminal charges in the Greater Denver Area? If you are convicted (found guilty) of a crime, you fill face the standard court-ordered penalties, such as fines, probation, community service, and jail time. However, most convictions mean more than that. They lead to additional consequences that do not involve court penalties – these are called “collateral consequences” and it will all ...
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  • Waiving the Right to a Jury Trial in Colorado

    Are you facing criminal charges in the Greater Denver Area? If so, it’s going to be very important for you to weigh your legal options. Will you challenge your charges? Will you accept a plea bargain? Or, will you waive your right to a jury trial and instead let a judge decide your fate? For the purposes of this post, I want to discuss waiving one’s right to a jury trial and the reasons behind ...
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  • Can Landlords Run Background Checks?

    We all need a safe place to live, especially if we are raising a family. But not everyone can qualify for, or afford to buy a house, so a large percentage of the population rents or leases apartments and homes in lieu of getting a 30-year mortgage. If you are convicted of a crime, there are two major aspects of your life that a criminal record will affect: 1) employment, and 2) housing. For the ...
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  • Possession of Weapons by Previous Offenders

    Across the nation, there are strict laws prohibiting convicted felons from possessing firearms until their civil rights are restored, and in some states a felon is banned from firearms for life. In Colorado, felon in possession of a firearm is covered under C.R.S. 18-12-108 and it is referred to as “possession of weapons by previous offenders.” Under Sec. 18-12-108(1), it reads: “A person commits ...
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  • Can I Be Deported for DUI?

    Are you a lawful permanent resident (Green Card holder) who is facing criminal charges for driving under the influence (DUI)? If so, you may be wondering, “If I’m convicted of DUI, can it trigger removal (deportation) proceedings?” This is a valid question indeed and the answer is, “It depends.” As a general rule, a first, second and even third DUI offense without aggravating factors is prosecuted ...
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  • What Should I Do If I'm Pulled Over?

    Drivers get pulled over every day for various reasons including speeding, running through a stop sign or a red light, having expired registration tags, passing a stopped school bus, or simply having a broken taillight. Another reason for traffic stops is driving under the influence (DUI) – if an officer suspects that someone is driving under the influence of alcohol, illegal drugs , or even ...
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  • Domestic Violence Restraining Orders in Colorado

    The term “ domestic violence ” generally refers to violence and threats of violence between family and household members. It frequently relates to violence between spouses (spousal abuse), parents and children (child abuse), and other relatives. In Colorado, if someone is a victim of domestic violence, they can ask the court for a restraining order, also known as a domestic violence restraining ...
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  • Adult Diversion in Denver

    If you’re facing criminal charges, you may want to look into adult diversion, which is a voluntary alternative to a traditional criminal prosecution. Unlike similar diversion programs in other states, defendants are not required to plead guilty to their charges. Instead, the accused is given the opportunity to receive treatment and make financial restitution to any victims of their crimes. Under ...
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  • Criminal Offenses & License Suspension in Colorado

    If you’re like most Colorado drivers, you’re well-aware of the fact that your driver’s license can be suspended for drunk driving or getting too many speeding tickets. What you may not realize is that’s only the beginning – there are many other circumstances where a person’s driver’s license can be suspended or revoked in Colorado. As a criminal defense attorney, my clients are faced with license ...
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  • Possible Outcomes of a Criminal Case in Colorado

    If you were recently arrested for a criminal offense in the Greater Denver Area, or if you’re the target of a criminal investigation, you probably have a lot of questions. “What could happen to me if I am formally charged? What are the possible outcomes of a criminal case?” Criminal cases are separated into misdemeanors and felonies, with felonies being the more serious of the two. Since criminal ...
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