Criminal Law FAQ
What type of criminal cases do you handle?
Our office represents individuals in many different types of felony and misdemeanor criminal matters. We most commonly handle the following cases: DUI/DWI, Traffic violations, Juvenile Delinquency, Probation violations, Bond hearings, Domestic Violence, Assault and Battery, Fraud and Forgery, Robbery and Burglary, Theft and Embezzlement, White Collar crimes, including Tax Evasion and other financial crimes, and Illegal Search & Seizure.
Can the Court expunge my criminal record?
Yes. You may be eligible to have your criminal record expunged if your case was either dismissed or resulted in a not guilty verdict.
Why do I need my record expunged if the Court dismissed my case?
Your criminal history may indicate a prior arrest or conviction even if the Court (or a jury) dismissed your case or found you not guilty. An expungement of your record by the Court will generally remove any reference to this case from your criminal record.
Can I request a non disclosure order?
Yes. A non disclosure order seals your criminal record, which can limit any later discovery of your past criminal history.
Who will be prevented from viewing my sealed records?
A non disclosure order seals your criminal record. This prevents law enforcement entities from disclosing to the public information relating to your previous arrest and charge. Nonetheless, if the terms of the non disclosure order or other order require a waiting period, you may lose any protection from such an order, if you receive a subsequent criminal conviction aside from a traffic violation.
Are juvenile records automatically sealed or expunged?
No. You must actively seek to have the Court seal your records. Every case is unique and a Court will determine each situation individually.
How do I obtain an Occupational License to drive?
Your eligibility for an Occupational License depends upon your Colorado driving and criminal records. You can usually obtain an occupational driver's license which permits you to drive only for essential purposes such as to work, church, a grocery store or for medical reasons.
Will my driver's license be automatically suspended if I am arrested for DUI or DWI in Colorado?
If you refuse to provide a breath or blood sample, or if your breath sample produces a .08 or greater blood alcohol level, and if you fail to request a hearing to contest a Colorado DWI suspension, your driver's license will be suspended.
Can I represent myself in a Court instead of hiring an attorney?
Yes. However, this situation brings to mind a frequently repeated phrase: "One who represents himself has a fool for a client." Should you represent yourself, you will be expected to have complete familiarity with the same legal, procedural and evidentiary rules that attorneys spend years mastering both in law school and in the courtroom.
Also, because the prosecutor will have distinct advantage over you because of his or her training and experience, it can be disastrous to represent yourself. This may result in jail or prison time, probation, large fines, court costs, and a permanent criminal record which you could have minimized or altogether avoided if you had hired a lawyer.
Can you get me out of jail?
It depends on the circumstances of your case. Typically, securing bail is the fastest way to free somebody from jail. If accused of a Colorado state crime, a professional bail bondsman, who guarantees in writing to the Court that you will appear at all subsequent court appearances, can bond you out. A bail bondsman usually charges a certain percentage of the overall bail set by the Court in order to procure your release. Please note, however, that the County Sheriff may take weeks after resolution of the case to return any cash bond posted.
How do I learn if a warrant has been issued for my arrest?
Call the County Sheriff's where you believe the warrant has been issued.
What do I do if a warrant has been issued for my arrest?
If there is an bail amount already established, you may be able to post bond through a walk through procedure without being formally arrested, if a cash bond or bond through a bail bondsman is posted. This entire process should take about four hours.
Why did the Court order no bond in my case?
The accused cannot bond out of jail until bail is determined by the Court. The accused who has a "no bond" order is likely either on probation or on bond for a different criminal offense, has been previously sentenced to prison on multiple occasions and/or has been charged with a violent crime. If your case is a "no bond" our office will request that the Court determine an appropriate bail amount. However, in this situation, the Court might not determine bail until the following day or even Monday of the next week (if a weekend arrest). A judge will not ordinarily determine bond until after the accused is officially in custody.