COLORADO CRIMINAL SENTENCING
OFFENSE CLASSIFICATION & PRESUMPTIVE SENTENCING
felony, misdemeanor, petty offenses, DUI, DWAI, DEAC, traffic offenses. Presumptive, minimum & maximum
range
Colorado traffic & criminal trial practice 25+ years Colorado State Courts
& Colorado Springs Municipal Court |
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TRAFFIC INFRACTION |
TRAFFIC MISDEMEANOR |
PETTY OFFENSE |
MISDEMEANOR
OFFENSE |
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FELONY OFFENSE |
NOT CLASSIFIED |
COMPLETION
FORMS |
VEHICLE
FORFEITURE |
OTHER
SENTENCING PROVISIONS
applies to any type of offense |
SENTENCING
HABITUAL CRIMINALS |
DEFERRED
SENTENCING |
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SENTENCING
- MUNICIPAL COURT PROBATION |
IN-PATIENT
DRUG & ALCOHOL REHAB |
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SEARCH
& SEIZURE |
DEFENDANT
DEMEANOR |
WEAPON PROHIBITION |
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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 |
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FIRST CONSULTATION - NOTICE |
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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. |
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Criminal and traffic 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 |
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attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice |
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attorney does not accept post
sentencing matters unless he provided representation during underlying case
non-acceptance includes
probation revocation, deferred sentence revocation, parole violation or
appeal **
eligible sealing cases accepted |
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This web page
is a brief summary - by no means does it cover all aspects of sentencing
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Free Download

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CRIMINAL & TRAFFIC COURT COSTS |
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| above links direct to costs
* * link on right to
state website |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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TRAFFIC
CASE - INFRACTION - SENTENCING
traffic infraction - penalty assessment
procedure (pay by mail) may be utilized - CRS 42-4-1701 §§ (5)(a) & (7)
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Traffic Infraction
synopsis of how cases progress through
court system |
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TRAFFIC
INFRACTIONS |
Presumptive
Jail |
Presumptive
Fines |
| CRS
42-4-1701 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class A Traffic Infraction
Classification (TI-A)
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None |
None |
$15 |
$100 |
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Class B Traffic Infraction
Classification (TI-B)
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None |
None |
$15 |
$100 |
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TRAFFIC CASE
- MISDEMEANOR - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Traffic Offense
synopsis of how cases progress through
court system |
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MISDEMEANOR
TRAFFIC OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS
42-4-1701 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class 1 Misdemeanor Traffic
Offense Classification (T-1)
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10 days |
1 year |
$100 |
$1,000 |
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Class 2 Misdemeanor Traffic Classification
(T-2)
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10 days |
90 days |
$10 |
$300 |
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CRIMINAL CASE
- PETTY OFFENSE - SENTENCING
class 2 petty offense - penalty assessment
procedure (pay by mail) may be utilized - CRS 16-2-201
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Petty Offense
synopsis of how cases progress through
court system |
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PETTY
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-503 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class 1 Petty
Classification (P-1)
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None |
6 months |
None |
$500 |
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Class 2 Petty
Classification (P-2)
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None |
None |
per statute
charged |
per statute
charged |
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| Penalty assessment procedure (pay by
mail) may be utilized - CRS
16-2-201 |


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CRIMINAL CASE
- MISDEMEANOR OFFENSE - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
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Class 1 Misdemeanor
Classification (M-1)
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6 months |
18 months |
$500 |
$5,000 |
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Class 2 Misdemeanor
Classification (M-2)
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3 months |
12 months |
$250 |
$1,000 |
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Class 3 Misdemeanor
Classification (M-3)
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None |
6 months |
$50 |
$750 |
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CRIMINAL CASE
- FELONY OFFENSE - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Felony Offense
synopsis of how cases progress through
court system |
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FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 1 Felony
Classification (F-1)
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Life
Imprisonment |
Death |
n/a |
None |
None |
| Class 2 Felony
Classification (F-2)
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8 years |
24 years |
5 years |
$5,000 |
$1,000,000 |
| F-2 Mitigated |
4 years |
12 years |
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| F-2 Aggravated |
8 years
+ 1 day |
48 years |
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| Class 3 Felony Classification
(F-3)
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4 years |
12 years |
5 years |
$3,000 |
$750,000 |
| F-3 Mitigated |
2 years |
6 years |
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| F-3 Aggravated |
12 years
+ 1 day |
24 years |
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| Class 4 Felony Classification
(F-4)
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2 years |
6 years |
3 years |
$2,000 |
$500,000 |
| F-4 Mitigated |
1 year |
3 years |
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| F-4 Aggravated |
2 years
+ 1 day |
12 years |
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| Class 5 Felony Classification
(F-5)
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1 year |
3 years |
2 years |
$1,000 |
$100,000 |
| F-5 Mitigated |
6 months |
18 months |
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| F-5 Aggravated |
3 years
+ 1 day |
6 years |
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| Class 6 Felony Classification
(F-6)
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1 year |
18 months |
1 year |
$1,000 |
$100,000 |
| F-6 Mitigated |
6 months |
9 months |
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| F-6 Aggravated |
1 year
+ 1 day |
3 years |
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two felony convictions - minimum
sentence mandatory - no probation CRS 18-1.3-401(1)(b)(II) |
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Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6) |
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Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6) |
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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 any more
aggravating circumstances contained in CRS 18-1.3-401(8) |


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CRIMINAL CASE
- OFFENSES NOT CLASSIFIED
Sentencing Penalties
caveat: statutes may have been amended since last
updated in this website |
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CRS 18-1.3-504. Misdemeanors and petty offenses not
classified
(1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.
(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16,
CRS
CRS 18-1.3-505

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OTHER SENTENCING PROVISIONS
ALL TYPES OF CASES
caveat: statutes may have been amended since last
updated in this website |
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The statutory scheme of the particular offense charged may provide different or
additional penalties to the general statutory scheme identified
above.
By way of example: 3rd
degree assault (M-1)
18 months maximum (M-1)
pursuant to general sentencing statute CRS 18-1.3-501(1)
2 year maximum - exception
to general sentencing statute CRS 18-1.3-501(3)(a)&(b)
Based upon
6 months mandatory minimum
jail - domestic violence - pregnant victim - CRS
18-1.3-501(6)
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Federal Brady Bill
domestic violence
misdemeanor or felony
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CRS 18-12-108
Colorado law - weapon prohibition
felony
conviction and deferred sentence
domestic violence - misdemeanor or felony |

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SENTENCING
- HABITUAL CRIMINALS
caveat: links may have been
changed since last
updated in this website |
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CRS 18-1.3-801. Punishment for habitual
criminals
- refer to statute - may be found in
local law library or
on-line

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SENTENCING
- PROBATION
COLORADO SPRINGS MUNICIPAL COURT
caveat: ordinances may have been amended since last
updated in this website |
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11.3.111: PROBATIONARY CONDITIONS
Colorado
Springs City Ordinances
A. When it appears to the satisfaction of the court that the ends of justice and the best interests of the public, as well as of the defendant, will be served thereby, the court may grant the defendant probation for a period not to exceed one year upon any terms and conditions the court deems reasonable. The court may provide as an explicit condition of a sentence to probation that the defendant not commit specified offenses during the period for which the sentence remains subject to revocation and that the defendant comply with any other court ordered or Probation Department ordered conditions. The terms and conditions of probation may include that the defendant:
1. Make restitution to every victim of the offense for which the defendant is granted probation for all damage or injury sustained;
2. Pay all costs and fines in a timely fashion;
3. Report within one month any change of address, telephone number or employment, answer all reasonable inquiries by the Probation Department and not leave the State without first obtaining the permission of the Probation Department;
4. Diligently and continuously seek to remain steadily employed or, if a minor, to remain in school or a school alternative on a full time basis;
5. Report to the Probation Department at all times as may be required by the court or by the Probation Department;
6. Abstain from the use of alcohol, and the unlawful use or possession of narcotics or any other dangerous drugs without a prescription;
7. Participate and cooperate fully in any program and/or counseling as directed by the court or the Probation Department, and pay any fees associated with the program or counseling;
8. Participate and cooperate fully in any special terms and conditions of probation reasonably related to the defendant's rehabilitation and the purposes of probation as imposed by the court or the Probation Department;
9. Abide by all court orders.
B. After notice to the defendant, the City Attorney and the Probation Department, the Municipal Judge may for good cause shown reduce or increase the term of probation or alter the conditions or impose new conditions. At the request of the defendant or the City Attorney, a hearing shall be held to determine whether good cause exists to modify the defendant's probation.
C. If the Probation Department has reason to believe that a defendant has violated any condition of probation, the Probation Department may issue a show cause order requiring the defendant to appear before the court at a specified time and place to answer the charge of violating the conditions of probation. The show cause order shall contain a brief statement of the violation and specify the date of the violation. Failure of the defendant to appear before the court as required by the show cause order shall be deemed a violation of a condition of probation.
D. If service of the show cause order is unsuccessful, or if the Municipal Judge determines there is probable cause to believe that the defendant is about to leave the City or will fail or refuse to appear as ordered in the show cause order, a warrant for the arrest of the defendant for violation of the conditions may be issued by a Municipal Judge. The warrant shall not issue unless, based upon the report of the Probation Department or upon the complaint of any person, the Municipal Judge finds that probable cause exists to believe that a condition of probation has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by any officer authorized to execute warrants in the City.
E. Within five (5) working days after the arrest of any defendant as provided above, the Probation Department shall complete its investigation and either:
1. Cause to be personally served upon the defendant at the first court appearance or through the United States Postal Service, a show cause order for the alleged violation of sentence no less than five (5) working days prior to the hearing; or
2. Recommend that the court order the release of the defendant, if in custody. (Ord. 04-178)

COMPLETION
CERTIFICATE FORMS
Alcohol Education, Alcohol Therapy, Public Service, AA Meetings, Antabuse -
disulfirum, deferred sentence, probation
Colorado traffic & criminal trial practice 25+ years Colorado State Courts
& Colorado Springs Municipal Court
DUI - DWAI - DEAC
Defense * *
Driving
Under Restraint Defense * *
Speeding
Ticket Defense |
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** NOTE:
Effective December, 2004 public service in El Paso County must be completed under supervision of an
approved
agency with insurance on the worker. The court will not give credit for
public service completed outside supervision and will not accept verification
other than through the supervision agency. Chief judges of other
counties may have instituted similar blanket orders. |
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download |
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Regarding completions forms:
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Current
Clients will be provided with verification forms containing
name and case number.
Current clients may print any
above linked form for individual but not commercial or law office use.
Files are password restricted.
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Former
Clients and Non-Clients may
print and use any linked verification form identified
in blue.
Former & non-clients do
not have permission to print or otherwise use any linked
verification form identified in red.
This restriction is not any inconvenience - it merely removes my name from
the caption of pleadings and thereby avoids any possible confusion to the
court or prosecutors. Otherwise, the Current
Client or Former Client and Non-Client
forms are the same.
Former & Non-Client limited
permission to forms identified in blue
extends to individual but not commercial or law office use.
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Use of any form shall
not constitute representation, nor shall it be considered an
appearance of counsel in any litigation
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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NOTICE: I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT or SEXUAL ASSAULT ON A CHILD |
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NOTICE:
I DO NOT ACCEPT THE FOLLOWING CASES |
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ROBBERY, FIRST DEGREE ASSAULT or MURDER |
CHILD ABUSE HOMICIDE OR FELONY
CHILD ABUSE |
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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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. |
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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. |
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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. |
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Attorney
Policies
Representation
by Previous Attorney
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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. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or 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. |
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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. |
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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
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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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.
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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. |
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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.
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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 |
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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. |
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Southern Colorado Area |
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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. |
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| COUNTIES |
CITIES / TOWNS |
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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. |
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Chaffee
County |
Salida |
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Crowley
County |
Ordway |
Metro Denver Area |
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Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
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Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
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Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
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Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
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Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
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Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
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Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
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Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
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Park
County |
Fairplay |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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| please
feel free to call or email if you are a client or are seeking representation |
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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 |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |

Copyright © 1984 - All Rights Reserved - Document
Revised: October 01, 2009
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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