Boulder Criminal Defense FAQ

Our Boulder Criminal Defense Attorneys Answer Common Questions About Facing Charges in Colorado

If you have been charged with a crime, it’s likely that you have a lot of questions. At Dolan + Zimmerman LLP, our criminal defense lawyers in Boulder understand the fear that can accompany the unknown. The following is a list of some of the more common criminal defense questions our clients ask us. We hope this page provides you with some of the answers you are looking for if you are facing criminal charges in Boulder, CO.

What Is the Difference Between a Felony and a Misdemeanor?

Felonies are more severe crimes than misdemeanors and carry heavier sentences. The punishment for a misdemeanor often includes fines, probation, community service, or shorter jail sentences.

If convicted of a felony such as first-degree murder or a serious drug crime or sex offense, you will face a jail sentence, ranging from a few months to multiple life sentences. The degree of sentencing in a case of a felony has to do with the individual’s criminal record, the charges, if there are casualties or injuries, and more.

Importantly, in all cases, it is critical to execute an informed and proactive defense strategy. Whether you have been wrongfully accused or you knowingly committed a serious crime, you have options available. But, to avoid jail time and other consequences, you will need to promptly hire an experienced criminal defense attorney who can help protect you by all available means.

How Will A DUI Charge Affect My Driver’s License?

There is no one-size-fits-all answer to this question. A DUI case can lead to a variety of different consequences for your driver’s license. The extent and nature of these consequences will vary based on factors, including your age, your driving history, and the specific facts of your case. We can help you navigate this complex area with cases involving a DUI charge.

How Will A Drug Conviction Impact My Student Loans?

A drug conviction can make you ineligible for federal student loans. If you are currently receiving financial aid, you may lose it due to a drug crime conviction. It is possible to regain eligibility after losing eligibility for federal student loans through two clean drug tests, completion of a rehabilitation program or waiting until the following school year. This is one of several reasons why it is important to hire an experienced lawyer to defend you.

How Can I Challenge A DUI Charge?

There are almost as many answers to this question as there are DUI cases. Each case presents a unique factual scenario with different combinations of factual, technical, statutory and constitutional defenses. Representing clients in DUI cases is a significant part of our practice. If you are facing a DUI charge in Boulder, our defense team can work to challenge your charge by all means available.

What Should I Do If I Get Pulled Over?

If you get pulled over, it is important to remain calm and cooperative and to refrain from making any statements to the police.

Do Police Have To Arrest Someone During A Domestic Violence Situation?

In domestic violence situations, Colorado police do have to make an arrest if there is probable cause that a domestic violence-related offense occurred. An arrest does not always lead to a conviction.

What Crimes Are Considered Domestic Violence?

Domestic violence is considered aggressive and abusive behavior towards a family member perpetrated by another member of the same family. It could be against a child or spouse. It often involves physical injury and manipulative and coercive actions.

Domestic abuse may involve the following types of abuse:

• Sexual abuse: happens when there is an attempt to force sexual relations on someone unwilling or to commit other sex offenses under Colorado law.
• Physical abuse: this involves all manner of violent behavior, including hitting, punching, slapping, biting, and shoving.
• Emotional abuse: this is an attempt to intentionally deflate or invalidate the sense of worth and value in a victim.
• Economic abuse: this happens when there is an attempt to incapacitate the victim financially.

When Do Police Have To Read You Your Rights?

Police are required to read you your Miranda rights only when you are both in police custody and under interrogation. Outside of these circumstances, police do not have to read your rights. Our defense attorneys can determine if you have grounds to seek to prevent prosecutors from using your statements against you. If you do, this could have a major impact on the outcome of your case—and could potentially even lead to you being acquitted.

Is Law Enforcement Allowed to Search My House, Car, or Person?

Law enforcement is typically only allowed to search your person, your house, or your car when they have obtained a search warrant. If they ask to search you or any of your property without a warrant from a judge, you have a right to decline.

Keep in mind that there are some exceptions to the warrant requirement where a police officer can search your house or car without obtaining a warrant. For example, if you are arrested, the police automatically have the right to do a search incident to arrest. This means they can search you following an arrest without obtaining a warrant.

If I’m Pleading Guilty, Do I Still Need a Lawyer?

It is not uncommon for people to think all they’ll get is a slap on the wrist once they plead guilty and perhaps ask for forgiveness. This is far from the truth. The implications of pleading guilty may be more severe than you think. In addition to a fine, you may be sentenced to a lengthy jail term, especially for criminal offenses.

You need a lawyer to help you do the following, even when pleading guilty:

• Confirm if the prosecution has sufficient evidence that you committed the crime in the first place.
• Determine if another resolution is possible, such as a lesser offense plea or getting you into mandatory counseling sessions in exchange for dropping the charges.
• Once you are sentenced, your attorney can help clear your name down the line via expunging or sealing your record if applicable.

What Is the Difference Between a State Criminal Charge and a Federal Criminal Charge?

A state criminal charge is defined by the individual states’ criminal codes and prosecuted in the state’s criminal justice system. A federal criminal charge is defined by the United States Code, a collection of laws established by congress, and prosecuted in federal court.

Federal charges arise from a violation of federal criminal laws or crimes of national concern, such as federal tax fraud, terrorism, postal fraud and interstate crimes, and offenses committed on federal properties. The agencies investigating and prosecuting them are also federal and may carry heavier punishments.

In some cases, a crime can be an offense against both the state and federal government and can be a state criminal charge or federal criminal charge.

Are Drug Offenses State Charges or Federal Charges?

It is possible to face drug charges under both state and federal law. While charges like illegal marijuana possession and driving under the influence of drugs (DUID) are typically prosecuted at the state level, more serious drug crimes can be prosecuted in federal court.

When Do You Need A Lawyer in Boulder, CO?

You can never seek legal advice too soon, but you can seek advice too late. As soon as you know you have a problem — whether you are arrested or involved in a car accident — it is a good idea to talk to a lawyer. The sooner you get help, the sooner your lawyer can start building your defense. When your future is on the line, hiring an experienced lawyer promptly can make all the difference.

While there are no guarantees, by hiring a skilled courtroom litigator with extensive experience a proven record of securing favorable results at trial, you can maximize your chances of avoiding unnecessary penalties, unnecessary harm to your reputation, and the other life-altering consequences that come with a criminal conviction.

Get More Answers from an Experienced Boulder Criminal Defense Lawyer

In your first consultation, our Boulder DUI defense attorney can answer any other questions you have. We will also help you better understand what to expect from your specific situation. To discuss your case with an experienced criminal defense attorney at our law firm about your criminal case in confidence, please call us at 303-593-1874 or send us an email.