Sealing Convictions
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GUSTAFSON LAW OFFICE
SEALING COLORADO DRUG CONVICTION CRIMINAL RECORDS
COLORADO SECOND CHANCE LAW

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

perhaps I will become your attorney
Address  *  Maps  *  Directions
 

Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
SEALING COLORADO DRUG CONVICTION CRIMINAL RECORDS

counsel is unaware of any second chance law for convictions which are not related to drugs

COLORADO SPRINGS CRIMINAL DEFENSE
Colorado Second Chance Law - Sealing Colorado Drug Conviction Criminal Records - Colorado Springs
felony, misdemeanor, petty offenses, court records, prosecution records, law enforcement or police records - expungement
SEALING COLORADO DRUG CRIMINAL CONVICTIONS

conviction entered AFTER July 1, 2008

SEALING COLORADO DRUG CRIMINAL CONVICTIONS

conviction entered BEFORE July 1, 2008

LINKS TO LAW & LEGISLATIVE HISTORY
SEALING COLORADO CRIMINAL JUSTICE RECORDS

most offenses - no criminal filing, acquittal, dismissal, deferred sentence

EMPLOYMENT LAW NOT OFFERED
ELIGIBILITY ASSESSMENT AND SUBMISSION TO DISTRICT ATTORNEY DO I NEED AN ATTORNEY? INDEPENDENT SERVICE PROVIDERS
ATTORNEY'S FEES AND COSTS RETAINER DATA INFO SHEET
.pdf file available to public
LAWSUIT DATA INFO SHEET
client .pdf file - restricted access

SIMPLE GUIDE TO SEALING CRIMINAL RECORDS
(after prosecution consent has been obtained)

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.

Sealing criminal cases occurs 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
 

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

 
 
"THE TIMES, THEY ARE A CHANGING"
Bob Dylan
 
2008 LAW
CRS 24-72-308.5
SECOND CHANCE LAW
refer to link for verbatim statutory text
drug conviction sealing eligibility effective 7/1/08
HB08-1082 was approved by the Colorado Legislature
 regarding sealing of conviction records.
HB08-1082 History - signed by the Governor 6/2/08 House Bill Status

Colorado law effective 7/1/08 permits some drug convictions to be eligible for sealing 10+ years after final disposition.
persons convicted of some drug offenses may be eligible to avoid harm for an old act of poor judgment - statute is quite restrictive
 

For persons with non-drug related convictions who were hoping relief would come in the form of a second chance law, this is not it.
not yet - not today

HIGHLIGHTS
synopsis only - refer to SECOND CHANCE LAW for verbatim text

 

CONVICTIONS AFTER JULY 1, 2008

  CRS 24-72-308.5(4)(a)  

  1.  Sealing statute applies only to eligible drug convictions.  CRS 24-72-308.5(4)(a)

Permitted Drug Convictions:  petty offense CRS 18-18-*, misdemeanor offense CRS 18-18-*, F-5 or F-6 offense CRS 18-18-*              (note - this would include the basic minor offenses of marijuana possession & paraphernalia)
        CRS 24-72-308.5(4)(a) §§ (I), (II), (III)
Excluded or Non-Qualified Drug Convictions:  Class 5 or 6 felony offenses for the sale, manufacturing or dispensing of a controlled substance
        CRS 24-72-308.5(4)(a)((III)
  2.  Sealing suit may be brought 10 years from the later of criminal proceedings final disposition or release from probation if the defendant has not been charged or convicted for a criminal offense during the 10 or more years. 
        CRS 24-72-308.5(2)(1)  §§ (A), (B)
  3.  Sealing statute applies only to convictions entered on and after July 1, 2008.  CRS 24-72-308.5(4)(a)
NOTE
If the later of your court case closure or release from supervision was less than 10 years before the sealing lawsuit, you do not qualify.

First sealing lawsuit which may be brought under this statutory provision is July 1, 2018.

  4.  Verified copy of criminal history (current through max 20 days) must be attached to sealing petition, or filed within 10 days of filing.
        CRS 24-72-308.5(2)(b)(I)  (e.g. petitioner's expense to procure criminal history from local law enforcement agency)
  5.  Court may summarily deny petition if non-qualified similar to traditional sealing cases.  CRS 24-72-308.5(2)(b)(II)(A)

  6.  Harm to petitioner's privacy vs. state interest in retaining open records balancing test, similar to traditional sealing cases.
        CRS 24-72-308.5(2)(c)

  7.  If sealing order is granted, underlying conviction is not vacated.  CRS 24-72-308.5(2)(a)(II)
  8.  If sealing order is granted, records access is not denied to courts, prosecutors or law enforcement agencies.  CRS 24-72-308.5(2)(a)(II)
  9.  If sealing order is granted - courts, prosecutors or law enforcement agencies may use the underlying conviction for any lawful purpose.
        CRS 24-72-308.5(2)(a)(II)   (e.g. subsequent offense prosecution or sentencing as a multiple offender)
10.  If sealing order is granted and a subsequent conviction enters, sealed records will be unsealed.  CRS 24-72-308.5(2)(a)(II)
11.  If sealing order is granted, petitioner and all agencies may rely, upon inquiry, that the conviction records do not exist.
        CRS 24-72-308.5(2)(d)
12.  If sealing order is granted, inspection of records may permitted by the court only upon petition of the records subject. 
        CRS 24-72-308.5(2)(d)
13.  If sealing order is granted, employers, state and local government agencies, officials, landlords and employees may are not permitted to require an applicant to disclose information contained in sealed records during an application or interview.
        CRS 24-72-308.5(2)(f)(I)
14.  If Bar Committee of and the Colorado Board of Law Examiners retain access and may inquire.  CRS 24-72-308.5(2)(f)(II)
15.  Criminal justice agencies retain access, plus may inquire during employment application.  CRS 24-72-308.5(2)(f)(III)
16.  If sealing order is granted, any member of the public may petition to unseal upon a showing that as a result of circumstances since sealing, the public interest in disclosure now outweighs the record subject's privacy interest.  CRS 24-72-308.5(2)(f)(III)
17.  At the time of filing the sealing petition, the petitioner will be added to a list published by the State Court Administrator of all petitions to seal conviction records.  Publication will remain for 30 days.  CRS 24-72-308.5(2)(g)
18.  If multiple convictions arose out of the same criminal case, all must be eligible for sealing.  CRS 24-72-308.5(2)(i)
19.  If sealing order is granted, petitioner must pay to the CBI the costs incurred in sealing records.  CRS 24-72-308.5(2)(c)

 

 

CONVICTIONS ENTERED PRIOR TO JULY 1, 2008

CRS 24-72-308.5(4)(b)  

in addition to the above, the below is applicable to sealing cases regarding convictions entered prior to July 1, 2008

1.  Consent of the prosecuting attorney  is required  This would include the District Attorney Office and may be construed to include the City Attorney if the original case was prosecuted in Municipal Court.  CRS 24-72-308.5(4)(b)(I)
2.  Sealing petitioner must pay to the prosecuting attorney all reasonable attorney fees and costs of the prosecuting attorney relating to the petition to seal.  This would include the District Attorney Office and may be construed to include the City Attorney if the original case was prosecuted in Municipal Court.  CRS 24-72-308.5(4)(b)(II)

ATTORNEY COMMENT

        a.  Lack of objection by the DA Office is a condition precedent to sealing eligibility - DA objection will cause immediate denial order.

        b.  This is a new statute; procedures are not yet set.  Common sense dictates that, at minimum, any District Attorney Office must review the following prior to making a determination regarding consent or objection.

1.  copy of underlying criminal case court file

2.  petition to seal

3.  affidavit in support of petition to seal which includes educational & employment history, petitioner's future educational & employment plans plus and specific harm alleged, including attachments: verified criminal history and exhibits evidencing harm such as employment rejection letters

4.  proposed sealing order

This entails preparation of entire sealing lawsuit.  All that remains for counsel is time expenditure e-Filing the above plus a civil cover sheet & legal memorandum, setting and actual court appearance which is commonly quite brief.

Whether a District Attorney Office may render an opinion on objection or consent absent actual filing of the lawsuit remains for each individual county prosecutor's future policy decision.  Attorney time expenditure and costs would be somewhat reduced if court filing was not required, however the major benefit would be in costs avoidance if e-Filing and e-Service costs were not incurred in the actual court filing.  Attorney believes any DA Office will require actual filing of the lawsuit prior to making a determination whether to forego objection.  In such event, full attorney fees & costs would be incurred before client had knowledge whether the DA Office objects.

        c.  Where the DA Office has complete discretion to quash the lawsuit, counsel believes it highly unlikely that consent will be forthcoming in any case.  Put another way - petition to seal may likely be a waste of the client's money in counsel's opinion.

3.  In addition to the standard filing fee, an additional court filing fee of $200 is imposed by law.  CRS 24-72-308.5(4)(b)(III) §§ (A), (B)
4.  If sealing order is granted, records access is not denied to courts, prosecutors or law enforcement agencies.  CRS 24-72-308.5(4)(d)
DRUG CONVICTION SEALING CASES
ATTORNEY POLICY REGARDING EVALUATION AND SUBMISSION TO DISTRICT ATTORNEY
counsel is unaware of any second chance law for non-drug convictions

1.  Retainer agreement and trust deposit requested below for processing the lawsuit would be required prior to counsel accepting a drug conviction sealing case.  Counsel will reduce fees if the DA Office reviews and objects prior to filing, but will not commence unless the sealing lawsuit is adequately funded.

2.  In El Paso County (Colorado Springs)

a.  Attorney will order the underlying criminal case court file on-line and will order a verified criminal history from the Colorado Springs Police Department via U.S. Mail (email or on-line service not available).

b.  If prosecutors will accept without court filing, attorney will prepare the sealing lawsuit and submit above documents to the El Paso County District Attorney Office for review and determination whether the DA Office will object.

1.  If the DA Office renders an opinion and objects to sealing, attorney flat fee of $1,150, plus records costs and El Paso County District Attorney reasonable attorney's fees and costs relating to the petition to seal case CRS 24-72-308.5(4)(b)(II) would be billed.  The balance of trust deposit would be refunded..

2.  If the DA Office declines to receive documents for review by email .pdf attachment, attorney will not ship via U.S. Mail, but would simply proceed with lawsuit.  Burning hard copies, USPS postage and standing in line at the post office for non-flexible, overweight mail is simply not economically justifiable.

3.  If the DA Office declines to render an opinion until e-Filing and e-Service of the sealing lawsuit, flat fee below would apply, plus expended costs.

4.  El Paso DA Office has not determined their policy as of 6/18/08, however it should be decided in the foreseeable future.

3.  Outside El Paso County (Colorado Springs)

a.  Attorney will order the underlying criminal case court file from the relevant Clerk of Court via U.S. Mail & will order a verified criminal history from the appropriate law enforcement agency.

b.  If prosecutors will accept without court filing, attorney will prepare the sealing lawsuit and submit above documents to the District Attorney Office for review and determination whether the DA Office will object.

1.  If the DA Office renders an opinion and objects to sealing, flat fee of $1,250, plus records costs and District Attorney reasonable attorney's fees and costs relating to the petition to seal case CRS 24-72-308.5(4)(b)(II) would be billed.  The balance of trust deposit would be refunded.

2.  If the DA Office declines to receive documents for review by email .pdf attachment, attorney will not ship via U.S. Mail, but would simply proceed with lawsuit.  Burning hard copies, USPS postage and standing in line at the post office for non-flexible, overweight mail is simply not economically justifiable.

3.  If the DA Office declines to render an opinion until e-Filing and e-Service of the sealing lawsuit, flat fee below would apply, plus expended costs.

4.  Since counsel practices primarily in El Paso County, attorney will need to call the the relevant District Attorney Office to determine prosecution policy on a case by case basis.

4.  If the DA Office consents to sealing, sealing lawsuit would be e-Filed and the below fees and costs would apply.

5.  Based upon the fact the verified criminal history must be dated within 20 days from e-Filing the sealing lawsuit, it is likely a second verified criminal history would be required with delay for DA submission.

NOTICE

This web page serves as notice to prospective clients that where prosecutors can quash a sealing suit by simple objection, counsel believes attempt to seal drug conviction criminal justice records to be in vain & likely throwing good money after bad.  Before calling counsel, prospective client must determine for himself or herself whether the consequences of open conviction records justify expenditure which may likely be fruitless.  What will be DA Office policy regarding objection?  Only time will tell.

   

ALTERNATIVES

 
LEGAL RESEARCH AND FORMS
 

representation inquiries welcomed

FIND A LAWYER

 

 

 
 
For information pertaining to procedure and timing after prosecutor consent has been procured,
refer to traditional sealing lawsuits
Sealing Criminal Justice Records.

 

ATTORNEY'S FEES AND COSTS
SEALING COLORADO DRUG CONVICTION CRIMINAL RECORDS
multiple options are available for service of final sealing order
each option impacts total cost - refer to option links

Secure On-Line Payment

CASE REVIEW
FOR SEALING

please read before calling counsel

 

 

        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.
 
        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 flat fee through trial court final hearing. 
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.

Hopefully you are eligible to seal.  
Thank you for considering my services; I appreciate your inquiry.

 
POTENTIAL FEE QUOTE
 
 
SEALING COLORADO DRUG CONVICTION CRIMINAL RECORDS
common quote - attorney flat fee - trial court level
$1,500
FLAT FEE DEFINITION TRAVEL TIME & EXPENSES HOURLY FEE RATE

The statute pertaining to sealing drug conviction criminal justice records places burdens upon a petitioner in  which are not present in typical sealing cases under CRS 24-72-308 - counsel will invest additional time and effort.  As with traditional sealing cases, hearing on the merits is required.  I generally offer hourly fees or a hearing flat fee.  Attorney flat fee would be dependent upon the facts and circumstances of the case, however the above would be a an anticipated flat fee quote in sealing drug conviction criminal justice records.  This shall neither constitute an offer, nor be construed as a binding estimate.  Refer to the below anticipated trust deposit request structure regarding estimated total fees and costs.  Method of serving the final sealing order dramatically effects the total client expenditure.  Only e-Service has been quoted.  Refer to personal service or service by regular U.S. Mail  for additional costs.  Attorney declines to serve the final sealing order via certified U.S. Mail.  Hourly fees would be impacted by method of service; hourly attorney's fee total billing would increase with personal service of the final sealing order or service by U.S. Mail.

 

TRUST DEPOSIT PAYMENT FOR ANTICIPATED FEES AND COSTS
DRUG CONVICTION SEALING ORDER ELECTRONIC FILE SERVED BY e-FILE AND e-SERVE
Secure On-Line Payment
e-Service option available through court in El Paso County as of July 1, 2008 tentatively available in other counties

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, however be aware costs may exceed attorney's fees.  If the case is outside Colorado Springs, travel time and expense will increase the quote.

sealing order .pdf electronic file (court seal but not certified) served by LexisNexis e-File & e-Serve
recommended by counsel
* this shall not constitute an offer, nor be construed as a binding estimate

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS
 

 
$             1,500
attorney fee
$             1,694
litigation costs and
                         anticipated state costs
**

common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

$3,194*

NOTE: costs will increase when DA Office & CBI fees are ascertained

Note: estimate is e-Service
Service of certified hardcopies of the sealing order by U.S. Mail or personal service would significantly increase costs

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

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
service - order to seal via e-File & e-Serve
sealing order - notice service of process
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 & FILING FEES
litigation costs fluctuate - not within attorney control
generic costs relevant to litigation generic costs relevant to criminal action

 
 recommended by counsel

 
 

e-Service of Regular Copy Final Order Expenses
with 1 Reserve Certified Copy

Electronic File and Serve - sealing case - El Paso County
Notice: If agencies refuse to give an email address & fax e-Service is required: fax cost incurred of $8 per e-filing plus $0.50 per page per agency.  This may impact cases outside El Paso County.

$             80

 
 
Photocopy expense - final order by Clerk of Court $               3
Court certification - sealing court order 10 copies $             15
e-Search Colorado state courts & CBI database after sealing
   verification of records non accessibility
$             30
**  Estimated state costs and expenses $        1,000
Subtotal if costs paid by check or cash $1,637
Charge card discount *
expense costs paid by charge card
$             57
 
Total estimated costs   (ballpark without travel)
Certified Final Order Expenses
$1,694
 

NOTE: costs will increase when DA & CBI fees are ascertained

Travel time and expenses ** Rates
 

- limited search pricing -

* Merchant discount (costs paid by charge card) may be avoided by payment of costs trust deposit by check or cash.  Attorney's fees may be paid by charge card with no merchant discount. 

** to be determined - anticipate at least $1,000 additional fees & expenses for state

Estimated Costs - Final Order Service via e-File & e-Serve
 
 
Verified Criminal History - estimate - police-sheriff determine cost $     20
Search & retrieval fee & court file copies  - underlying criminal case $     25
Certification of deferred sentence agreement & dismissal order or
register of action - underlying criminal case - Municipal Court only
$     30
 
Court filing fee - sealing case $   156
Court filing fee drug conviction surcharge CRS 24-72-308.5(4)(b)(III)(B) $   200
District Attorney reasonable attorney's fees and costs relating to the petition to seal case  CRS 24-72-308.5(4)(b)(II) $TDB **
 
CBI costs related to the sealing of his or her conviction records in the custody of the bureau  CRS 24-72-308.5(2)(c) $TDB **
 
Secretarial time - USPS queue certified mailing initial notice $     35
Photocopy expense - sealing case documents by attorney $     15
Office supplies $       5
Postage $     13
Data CD of attorney file for client at conclusion of case - optional $     10

** Travel is only applicable if the case is outside Colorado Springs
refer to
travel rates - one trip for final hearing would be anticipated

CAVEAT:  Additional expenses not identified may be incurred in any individual case; e.g. Fed-X overnight expense at request of client.  Costs quoted are subject to change by independent providers; actual costs paid by attorney will be billed.  Trust deposit overpayment would be refunded; underpayment would result in additional trust deposit request.

Please refer to court file retrieval and review regarding hardcopy court file as pertains to initial attorney review for sealing eligibility.

 
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
 
 
****************************** ****************************** ******************************
 
FOR ALL SEALING CASES
e-Service is available - utilized 6/3/08 concurrently in two cases for the first time in Colorado.
e-Service has worked with the CBI & local law enforcement agencies in El Paso County; viability in other counties remains to be seen.
below links refer to traditional sealing cases, but the principal is the same for drug conviction sealing e-Service cost
e-Service cost reduction can significantly reduce total sealing case client fees and costs
Cost Reduction: $300 (approximate) in lieu of
sealing case total client cost - U.S. Mail service.
Cost Reduction: $1,150 (approximate) in lieu of
sealing case total client cost - personal service.

OBTAINING COURT RECORDS

ATTORNEY ELIGIBILITY ASSESSMENT

RETAINER DATA INFO SHEET
.pdf file available to public
LAWSUIT DATA INFO SHEET
client .pdf file - restricted access

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
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

Attorney Welcomes
third party payment authorization
charge card merchant discount
 

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

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

1.  Warning.  Colorado state law pre-empts any county or municipal ordinance regarding sealing of criminal justice records.  Sealing criminal justice records is a civil lawsuit which must be brought independently in the district court of the county in which the underlying criminal charges were filed.  If your sealing case case has been filed in any other court, you have a problem.  It would be time to immediately retain competent counsel, dismiss the improperly filed lawsuit and file in the relevant district court before res judicata (one chance to litigate) becomes a potential issue.

2.  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 sealing 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 before final hearing, please do not call.  I decline.

4.  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 of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Warning.  Colorado state law pre-empts any county or municipal ordinance regarding sealing of criminal justice records.  Sealing criminal justice records is a civil lawsuit which must be brought independently in the district court of the county in which the underlying criminal charges were filed.  If your sealing case case has been filed in any other court, you have a problem.  It would be time to immediately retain competent counsel, dismiss the improperly filed lawsuit and file in the relevant district court before res judicata (one chance to litigate) becomes a potential issue.

2.  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.

3.  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.

4.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case before final hearing, please do not call.  I decline.

5.  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 in your current sealing case.  I decline.

 
 
POST SENTENCING MATTERS
UNDERLYING CRIMINAL CASE
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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 information to website visitors
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Prior Convictions or Bad Acts
important warning information before disclosure
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Confidentiality & Privacy Policy
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
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