Indecent Exposure
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GUSTAFSON LAW OFFICE
COLORADO SPRINGS INDECENT EXPOSURE & PUBLIC INDECENCY DEFENSE

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
INDECENT EXPOSURE & PUBLIC INDECENCY DEFENSE
COLORADO SPRINGS CRIMINAL DEFENSE
Colorado criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
WARNING BAIL BOND RIGHT TO SILENCE SEARCH & SEIZURE DEFINITIONS
INDECENT EXPOSURE PUBLIC INDECENCY SEX OFFENSE CHARGES - DUI CONTEXT
INDECENT EXPOSURE SEX OFFENDER STATUS SEALING CRIMINAL JUSTICE RECORDS
INDEPENDENT SERVICE PROVIDERS DO I NEED AN ATTORNEY?
ATTORNEYS FEES AND COSTS
LEGAL RESEARCH ACCOUNTING POLICIES
ATTY - CLIENT DOCS ALTERNATIVES FIND A LAWYER
NOTICE & DISCLAIMER ADVICE BY LAYMEN
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, & attorney is not the phone company 411 center for phone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline such requests.

Criminal cases occur across Colorado - please refer to attorney travel. Travel Policies & Trade Area *  Itemized Travel Expenses *  Colorado Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

Indecent exposure & DUI arrest - Colorado Springs - public indecency defense - registered sex offender
Colorado Springs criminal defense lawyer

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PUBLIC INDECENCY

 
IN A DUI CONTEXT

        Throughout the years I have defended multiple DUI cases wherein the client was also charged with indecent exposure or public indecency.  This has arisen has arisen in 3 factual circumstances when judgment was impaired by alcohol and the urge was great:
 

1.  Clients have stopped the vehicle to relieve themselves in a semi-private but public location (i.e.: behind a bridge strut or behind a building)  This is not an uncommon circumstance.  Former clients have stated: "beer goes through you quickly" or "when 'ya gotta go, 'ya gotta go"

2.  Clients have stopped the vehicle to masturbate in a semi-private but public location (i.e.: behind a closed commercial building, bridge or parking lot)

3.  While driving or in the vehicle, client's have engaged in sex with a spouse, significant other, or prostitute

        In circumstances of this nature, the charges have included not only alcohol related traffic charges, but indecent exposure or public indecency.  Due to recent changes in Colorado law, this has become a major problem for anyone so charged.  It is worthwhile to read on.

        Refer to Sex Offender Status section for additional information regarding complications raised by prosecution of alcohol related traffic charges.

        Refer to Sealing Criminal Justice Records section for additional information regarding complications raised by prosecution of alcohol related traffic charges.

RIGHT TO REMAIN SILENT

NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

IMPORTANT - PLEASE READ CAREFULLY

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

BAIL BOND
refer to above link for information

CRS 18-7-302. Indecent exposure. 
        (1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
        (2)    (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)
                (b) Indecent exposure is a class 1 misdemeanor.
        (3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.)
        (4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

QUICK SENTENCING GRID   CRS 18-1.3-501 Class 1 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

MISDEMEANOR CRIMINAL OFFENSES  Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Classification (M-1)  6 months 18 months $500 $5,000

QUICK SENTENCING GRID   CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties

FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 6 Felony Classification (F-6) 1 year 18 months 1 year $1,000 $100,000
F-6 Mitigated 6 months 9 months      
F-6 Aggravated 1 year + 1 day 3 years      
  1. two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

  2. Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

  3. Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

  4. Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

SEX OFFENDER STATUS - INDECENT EXPOSURE
refer to links for additional information in separate web page

Indecent exposure IS DEFINED as a sex offense pursuant to CRS 16-11.7-102
To avoid the sanctions, flat dismissal of the all charges or not guilty verdict is required - refer to caselaw link.
Provisions applicable to sex offenders:
   1. Registration as a sex offender is mandatory
          a. public access within the local law enforcement agency's jurisdiction to registration information
          b. registration period before eligible to petition for removal from sex offender registry
          c.
failure to register is a separate offense - either felony or misdemeanor
   2. All sentences must include a probation department evaluation and must include sex offender treatment.
   3. Sex offender surcharge is mandatory, unless 
          a. defendant is indigent or unable to pay or 
          b. convicted of an offense not defined as unlawful sexual behavior
   4. If incarceration is ordered, the court has placement limitations
          a. Jail sentence to home detention (ankle bracelet) is not prohibited, but is unlikely
          b. If not incarcerated for the full term, a period of probation would be likely
   5. Upon sentencing, defendant will be required to submit to genetic testing - DNA seizure
   6. The Court may impose any other condition reasonably related to rehabilitation

DEFENSE OF COLORADO SEX CRIMES
 
PUBLIC INDECENCY
this offense is commonly charged in conjunction with public sex
 
PETTY OFFENSE

CRS 18-7-301. Public indecency. 
        (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
                (a) An act of sexual intercourse; or
                (b) An act of deviate sexual intercourse; or
                (c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
                (d) A lewd fondling or caress of the body of another person.
        (2) Public indecency is a class 1 petty offense.

QUICK SENTENCING GRID   CRS 18-1.3-509 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties

PETTY CRIMINAL OFFENSES Presumptive Jail Presumptive Fines
CRS 18-1.3-503 Minimum   Maximum Minimum   Maximum
Class 1 Petty Classification (P-1) None 6 months None $500 

Penalty assessment procedure (pay by mail) may be utilized - CRS 16-2-201

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE SENTENCING - PETTY OFFENSE SENTENCING - MISDEMEANOR SENTENCING - FELONY
 

  

SEX OFFENDER STATUS - PUBLIC INDECENCY
refer to links for additional information in separate web page

Public Indecency is NOT DEFINED as a sex offense pursuant to CRS 16-11.7-102
Because this crime is not a statutorily identified sex offense - sex offender evaluation, sex offender sentencing, sex offender surcharge, sex offender treatment, genetic testing - DNA seizure and registered sex offender provisions do not apply.
If not incarcerated for the full term, a period of probation would be likely
The Court may impose any other condition reasonably related to rehabilitation

        Alcohol prosecution makes defense of indecent exposure difficult.  Where DUI, DEAC or DWAI, is charged, if the District Attorney Office can make a prima facie case, state law prohibits flat dismissal.

  1. a.  Because indecent exposure IS DEFINED as a sex offense, if defendant is convicted of or accepts a deferred sentence to any offense in the case with subsequent dismissal, caselaw defines defendant to be a sex offender.  It is likely that trial will be necessary.
    b.  If the indecent exposure charge is brought in a separate criminal case independent of the alcohol prosecution charging DUI, DEAC or DWAI, that changes the dynamics.  The prohibition against prima facie case dismissal would not exist in the indecent exposure case.

  2. Public indecency is NOT DEFINED as a sex offense.  Regardless of the disposition, defendant will not be a sex offender.

STATUTORY DEFINITIONS
refer to links for information in separate web page

SEALING CRIMINAL JUSTICE RECORDS
refer to link for additional information in separate webpage
If a straight conviction enters to any offense, criminal justice records may not be sealed in any criminal case.
this is the serious aspect
plea negotiation may not work - not guilty verdict at trial is likely necessary to preserve eligibility to seal

 
 
  1.         If the underlying charges are defined as an offense for which the factual basis involved unlawful sexual behavior, as defined in section CRS 16-22-102 (9) - sex offense, (applies to indecent exposure) and 

  2.         Deferred sentence to an offense which is not classified as a sex offense, and 

  3.         If the case is subsequently dismissed in its entirety upon successful completion of the deferred sentence, then

  4.         NOTE: Defendant is still precluded from sealing criminal justice records pursuant to CRS 24-72-308(3)(c)

  5.         If the underlying charges are defined as an offense for which the factual basis involved unlawful sexual behavior, as defined in section CRS 16-22-102 (9) - sex offense - in order to preserve the right to petition to seal, defendant must obtain either:
                a.  flat dismissal of all charges, or
                b.  not guilty verdict on all charges at trial
                c. 
    deferred sentence to any offense won't work

        If flat dismissal or not guilty verdict enters to all charges, refer to the above link for information regarding defendant's records of this offense maintained by the CBI, FBI, law enforcement agencies, courts, prosecution, and any evaluation or treatment agencies.

 
 

        If the case is ultimately dismissed as a result of deferred sentence successful completion, flat dismissal or not guilty verdict enters to all charges, refer to the above link for information regarding defendant's records of this offense maintained by the CBI, FBI, law enforcement agencies, courts, prosecution, and any evaluation or treatment agencies.

 
 

        Sealing criminal justice records can only occur if not guilty verdict has entered with respect to all charges or if all charges have been dismissed.  In an alcohol prosecution charging DUI, DEAC or DWAI, if the District Attorney Office can make a prima facie case, state law prohibits flat dismissal.

  1. Indecent exposure IS DEFINED as a sex offense pursuant to CRS 16-11.7-102.  If defendant is convicted of or accepts a deferred sentence to any offense in the case with subsequent dismissal, caselaw defines defendant to be a sex offender.  That would preclude sealing criminal justice records. CRS 24-72-308(3)(c), CRS 16-22-102(9).

  2. Public Indecency is NOT DEFINED as a sex offense pursuant to CRS 16-11.7-102.  If defendant accepts a deferred sentence to that charge or any other offense in the case with subsequent dismissal, defendant would still be able to file suit for sealing criminal justice records. CRS 24-72-308(1)(a)

  3. Public Indecency is NOT DEFINED as a sex offense pursuant to CRS 16-11.7-102.  If defendant is convicted of that charge or any other offense in the case, due to a conviction of any offense, defendant may not seal criminal justice records. CRS 24-72-308(1)(a)(I).

  4. If the indecent exposure charge or public indecency charge is brought in a separate criminal case independent of the alcohol prosecution charging DUI, DEAC or DWAI, that changes the dynamics because the prohibition against prima facie case dismissal does not exist in the indecent exposure or public Indecency case.

ADVICE BY LAYMEN
advice by unsupervised paralegals & street corner lawyers

POTENTIAL DEFENSES

 

Potential Defenses
Indecent Exposure
 

The most common defenses to a charge of this nature is factual, either challenging the alleged exposure itself, or the circumstances.  Counsel will review the case for any jurisdictional attack and pursue if relevant.

 

Potential Defenses
Public Indecency

The most common defenses to a charge of this nature is factual, either challenging the alleged setting - that it was not reasonably expected that the conduct would be viewed by members of the public, or the alleged act itself.  Counsel will review the case for any jurisdictional attack and pursue if relevant.

INDEPENDENT SERVICE PROVIDERS

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

CRIMINAL DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Either offense may be considered a crime of moral turpitude.  Indecent exposure is defined as a sex offense with attendance consequences.  Probably time to loosen the pocket book and hire a defense attorney.
You need not retain my services, but hire counsel.

ATTORNEY'S FEES AND COSTS
INDECENT EXPOSURE & PUBLIC INDECENCY

     

        At the time of the first visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
       
INDECENT EXPOSURE. In most circumstances, attorney initially makes an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a trial flat fee.  ELECTION. Offered fee options will be up to the client, however client's initial election will be final.  Attorney reserves the right to quote hourly fees only without a flat fee offer.  Settlement flat fee is not offered in indecent exposure cases due to sex offender registry requirement with a negotiated plea.

        PUBLIC INDECENCY. In most circumstances, attorney initially makes an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only.  ELECTION. Offered fee options will be up to the client, however client's initial election will be final.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE

INDECENT EXPOSURE DEFENSE

MISDEMEANOR TRIAL FLAT FEE
if not charged in conjunction with a more serious offense
$5,500
 
HOURLY FEE RATE
 

I generally offer hourly fees or a trial flat fee.  Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.
 
Felony would be subject to negotiation.

Due to the severity of sex offender classification and registered sex offender status if a deferred sentence is accepted, defendant pleads guilty to or is convicted of  any offense (including a non-sexual offense), this type of case is commonly non-negotiable, I offer hourly fees or a trial flat fee.

Indecent exposure may be charged in conjunction with DUI, DEAC or DWAI or combined with prostitution.  The circumstances can vary so widely with this type of charge, those circumstances will determine 
     a.  Whether a settlement flat fee or trial flat fee would be offered in addition to option for hourly fees, or
     b.  An offer of hourly fees only would be made.

Allegations of prior conviction or misconduct to be introduced by prosecutors for a collateral purpose would effect a quote.

frequent trust deposit request regarding fees & costs
 
PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
$       5,500   
$       2,500   
 

trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$8,000*

indecent exposure defense
* this shall not constitute an offer, nor be construed as a binding estimate
trust deposit request can be affected greatly by need for psychological or psychiatric evaluation & expert testimony

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
note: costs change & below cost information may be obsolete
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE COURT COSTS
direct link to criminal or traffic court costs - costs change & lists may be obsolete
COUNTY COURT CRIMINAL COSTS DISTRICT COURT CRIMINAL COSTS
$100.00   Toxicology - BAC Ethanol (alcohol) only - toxicology relevant only if alcohol or drug involved
150.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative)
75.00   Toxicology - UA qualitative toxicology screen for marijuana
600.00   Toxicology - UA quantitative toxicology screen for marijuana
525.00   Toxicology - Substance quantitative toxicology screen for marijuana
575.00   Toxicology - Qualitative and quantitative drug screen
700.00   Toxicology - BAC ethanol (alcohol) + NaFl (preservative) + drug screen
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report - relevant only if traffic stop is also involved
20.00   Offense Report
10.00   DA Office discovery packet - estimate (actual may be more or less)
25.00   State court jury deposit C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal)
10.00   Court records search & copy costs (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
30.00   OJW fee to court (outstanding judgment warrant)
2.20   DMV admin hold release fee (OJW - outstanding judgment warrant)
500.00   Private Investigator initial retainer - if relevant
     variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 
 
****************************** ****************************** ******************************
 
POTENTIAL FEE QUOTE

PUBLIC INDECENCY DEFENSE

SETTLEMENT FLAT FEE
if not charged in conjunction with a more serious offense
would be deducted from trial flat fee
$2,500
 
 
TRIAL FLAT FEE
if not charged in conjunction with a more serious offense
settlement fee would be deducted
$5,500
 
 

I generally offer hourly fees or a settlement flat fee.  Given the moral turpitude nature of the charge, trial is more likely than in many prosecutions, however the case may plea bargain and not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  Allegations of prior conviction or misconduct to be introduced by prosecutors for a collateral purpose would effect a quote. This shall neither constitute an offer, nor be construed as a binding estimate.

Public indecency does not cause sex offender classification and registered sex offender status if a deferred sentence is accepted.  If records can later be sealed, deferred sentence is a possible disposition.  This leaves room for plea negotiations.

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.

Public indecency may be charged in conjunction with DUI, DEAC or DWAI or combined with prostitution.  The circumstances can vary so widely with this type of charge, those circumstances will determine 
     a.  Whether a settlement flat fee or trial flat fee would be offered in addition to option for hourly fees, or
     b.  An offer of hourly fees only would be made.

frequent trust deposit request regarding fees & costs

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       2,500   
$       1,000   
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
 

OR

$3,500*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       5,500   
$       2,500   
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$8,000*

public indecency defense
* this shall not constitute an offer, nor be construed as a binding estimate

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

COSTS
refer to costs identified above - follow link
Out of pocket expenses (costs) are the responsibility of the client.
Generic costs relevant to any criminal action Generic costs relevant to any litigation

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 
 
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FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
COMPARE HOURLY - FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
SECURITY FOR FEES & COSTS TRUST ACCOUNT WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

Thank you for considering my services; I appreciate your inquiry.

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 

NOTICE:  I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT or SEXUAL ASSAULT ON A CHILD

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare Defense of Own Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your criminal case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current criminal case.  I decline.

 
 
POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

Post Sentencing.  I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, meritorious issues & rulings. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client. 

Alternatives
FIND A LAWYER

This includes plea to domestic violence or other criminal charge, DUI, DEAC or DWAI charge or other traffic charge and probation, deferred sentence, parole or incarceration or revocation proceedings based upon alleged failure to comply.

 

Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept meritorious sealing cases regardless of whether or not you are a former client.  NOTICE: alcohol related traffic offenses, other traffic offenses or traffic infractions are a specifically excluded in the sealing statute and can not be sealed.  If relevant, I also accept meritorious collateral attack cases.

 
 
 

ATTORNEY TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
 
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state
ease of internet access, email & toll free phone doesn't change that fact

 

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are out of state or unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

Colorado MAP
Southern Colorado Area

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

COUNTIES

CITIES / TOWNS

El Paso County

Colorado Springs / Manitou Springs / Fountain

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.

Chaffee County

Salida

Crowley County Ordway Metro Denver Area
Custer County Westcliffe COUNTIES CITIES / TOWNS
Douglas County Castle Rock City and County of Denver Denver
Elbert County Kiowa / Simla Adams County Brighton / Thornton / Federal Heights
Fremont County Canon City / Florence / Penrose Arapahoe  County Court   District Court Littleton / Centennial / Englewood
Huerfano County Walsenburg Arapahoe County - East Aurora
Las Animas County Trinidad Broomfield County Broomfield
Lincoln County Hugo (county seat) / Limon Gilpin County Blackhawk / Central City
Otero County La Junta Jefferson County Golden / Wheat Ridge
Park County Fairplay
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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email, and cordless, wireless or cell phones

please feel free to call or email if you are a client or are seeking representation

FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter

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Serving Colorado Springs Area Zip Codes

80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997

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