Colorado Criminal Justice Lawyer

Colorado Criminal Justice Lawyer

A Civil Restraining Order: What Is It?

Potential crimes are avoided by using civil restraining orders. In a civil lawsuit, the petitioner is the party asking for the restraining order, while the respondent or defendant is the party being restrained. Colorado Criminal Justice Lawyer in your area.

 

 

In Colorado, it is not difficult to acquire restraining orders. Any victim of violence, including one who is fearful of personal injury, may seek a restraining order from a judge in civil court. This includes victims of domestic abuse. A restraining order can usually be obtained without the need to file criminal charges or notify the police.

 

 What happens Next? 

 

If a judge grants a petitioner a temporary restraining order, the order takes effect as soon as it is served on the defendant and lasts until the temporary restraining order’s court date.

 

In order to decide whether the temporary injunction should be made permanent, defendants are entitled to a hearing. This includes a minimum two-week hearing postponement for planning purposes. The restraining order is lifted if the defendant prevails at the hearing. The order becomes permanent if the defendant loses the hearing.

 

A permanent restraining order will always be visible on a background check.

 

A civil restraining order is primarily used for personal safety, much as criminal protection orders. This may entail removing the defendant from a family home and/or dividing custody of any minor children. A judge may also mandate that the defendant maintain a certain distance from the petitioner’s friends, family, or favorite public areas.

 

Importantly, a respondent is not imprisoned because of a restraining order. However, it is illegal to violate a restraining order in Colorado; it is a Class 2 misdemeanor and carries a maximum one-year prison sentence.

 

The defendant must be arrested and taken to jail if the police have reason to think that the defendant violated the restraining order.

 

Aggressive Representation: Reliable Information

Contact Criminal Law matters for any felony or criminal case.

Protection order violations are serious because they can quickly result in a cascade of further fees, a financial burden, and life-altering repercussions.

 

It’s in your best interest to avoid a violation if you’ve been charged with a felony that calls for a mandatory protection order or if you’ve received a civil restraining order, even if it prevents you from seeing the people you care about. Colorado Criminal Justice Lawyer – For more information check out our YouTube!

 

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Criminal Law Matters

Criminal Law Matters

DUI Lawyer

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DUI Attorney Denver

Criminal Law Matters Law Firm provides experienced DUI defense representation in all Denver metro area counties, including all misdemeanor and felony cases related to Driving Under the Influence. Our law firm accepts DUI cases within the state of Colorado only, and most commonly provides defense representation in Denver, as well as the entire Denver Metro Area.  Call for a FREE Consultation today.

DUI Defense Experience

A veteran of hundreds of DUI defense cases in the State of Colorado, Criminal Law Matters will carefully examine the evidence of each case to give you the best possible chance of avoiding a conviction for DUI or DWAI. (These charges may be called OWI or DWI in other states.) Analyzing the scientific accuracy of your blood or breath test, the legality of your traffic stop, whether your field sobriety tests were given to you properly, and whether all of your rights were explained to you – are all part of the defense of every DUI case.

DUI Lawyer

Many Colorado attorneys erroneously believe that DUI cases are straightforward and that, unless there is a glaring flaw in the evidence, they should advise their client to enter a guilty plea. DUI cases actually entail a lot of layers of analysis, including challenging science, and are therefore highly difficult. In the event that the evidence against you can be disproven, Criminal Law Matters Law Firm has the training and knowledge to prevent your conviction. Their  judicial expertise will also aid in lessening any punishments you might receive.

Conviction for DUI can have far-reaching effects. In Colorado, the penalties for DUI and DWAI, sometimes known as driving while intoxicated or impaired, can be severe. Your driving privilege could be suspended for 90 days even after a first infraction. Even on your first violation, you could receive a mandatory jail sentence if your blood alcohol concentration (BAC) is high enough. Moreover, obligatory jail terms apply to second and subsequent offenders.  Depending on the county you appear in, the punishments may vary. For instance, your punishment will probably be harsher if you must appear in court in Golden, Colorado, as opposed to Denver.  Criminal Law Matters Law Firm has appeared in front of all Denver metro area judges, and will be able to advise you of the likely penalties before you go to court.

A drunk driving conviction has repercussions outside of the courtroom. If you have a professional driver’s license, a DUI conviction could result in you losing your job, even permanently. Any line of work, even non-driving positions, might be impacted by a conviction. It could stop you from getting a professional license or even from getting into a university or institution. Also, there are serious financial repercussions, such as fines, restitution, the price of an alcohol treatment program mandated by the court, and higher auto insurance rates.

 

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F A Q

What are the DUI laws and penalties for someone under 21 in Colorado?

Colorado’s UDD laws reflect the state’s “zero tolerance” policy for underage drinking. A first-time UDD – also called “baby DUI” – is a class A traffic infraction punishable by a 3-month license revocation, 24 hours of useful public service, $100 in fines, alcohol/drug classes, but no jail time.

What happens when you get your first DUI in Colorado?

The typical penalties for a first-offense DUI in Colorado include 48 to 96 hours of community service, a fine of $600 to $1000 plus court costs, 2 years of probation, a 9-month license revocation and alcohol or drug education classes.

Is a DUI a felony or misdemeanor in Colorado?

In Colorado, DUIs are typically filed as misdemeanors. But in some circumstances, a DUI may be filed as a felony. A DUI is considered a felony offense if: It’s your 4th or more DUI offense.

How long does DUI stay on record in Colorado?

In Colorado, if you are convicted of a DUI offense, that conviction will remain on your criminal record indefinitely. In other words, it can end up following you around forever.

Can DUI be expunged in Colorado?

A Colorado DWAI conviction remains on your criminal record forever. There is no way to seal or expunge DWAI (or DUI) convictions of people prosecuted in Colorado criminal court. The only exceptions involve convictions of the Colorado crime of underage drinking and driving (UDD) and juvenile court cases.

Is there mandatory jail time for a DUI in Colorado?

Colorado DUI laws require a mandatory 60 consecutive days in county jail for third DUI offense. This is mandatory which means the court cannot suspend any part of the time. There is no good time credit; you would most likely have to serve the entire 60 days.

What is the punishment for DUI in Colorado?
Offense Jail Term Range Fines
1st DWAI 2 days – 180 days $200 – $500
1st DUI 5 days – 1 year $600 – $1,000
2nd Offense – outside of 5 years 10 days – 1 year $600 – $1,500
2nd Offense – within 5 years 10 days – 1 year $600 – $1,500
Is Colorado a no tolerance state?

Blood Alcohol Concentration (BAC) Limits in Colorado

Additionally, Colorado enforces a “zero tolerance law” for drivers under the legal drinking age of 21 years old whereby any BAC of 0.02-0.05% could result in an Underage Drinking and Driving infraction conviction

What is the difference between DUI and DWI in Colorado?

DUID in Colorado

DUID, or driving under the influence of drugs, is either a DUI or a DWAI in the state of Colorado. A DUI is a charge for driving under the influence, while a DWAI is for driving while ability impaired. An individual suspected of DUID must submit to a blood test rather than a breathalyzer.

What constitutes a DUI in Colorado?

While the nationwide legal limit is 0.8%, if you are pulled over in Colorado and your breath test shows a blood alcohol level between . 05 and . 08%, you can be charged with a DWAI.

DUI

Driving While Intoxicated (DUI) accusations include the risk of jail time as well as the loss of driving privileges. A DUI defendant, like any other criminal defendant, makes a big error if someone tries to navigate the system without a strong defense lawyer on their side.

If you have been caught for a DUI in Denver, Colorado, you will confront zealous prosecutors in court. You will require the services of a competent, experienced, and aggressive attorney.

Many individuals believe that being arrested for DUI automatically results in a conviction. The fact that you were arrested for a DUI is only the beginning of the process. The outcome of your lawsuit might be determined by a number of things. These numerous elements can influence whether you receive a good plea agreement, a victory, or a case dismissal.

Colorado's Expert Defense Attorney

We represent clients accused of a wide range of criminal charges, from small traffic violations to homicides and sex assaults. In the courtroom, our company has a demonstrated track record of success. We’ve tried cases in every county in the Denver metro region, earning the respect of prosecutors, judges, and other criminal defense lawyers. Our firm recognizes that defending a criminal case successfully necessitates a thorough defense investigation, the capacity to identify and argue complicated legal problems, and the determination to go to trial. Perhaps most significantly, none of our clients are seen as “just another case.” We can sympathize with each client by putting ourselves in their shoes and seeing the situation from their perspective.