DV - Common Offenses
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GUSTAFSON LAW OFFICE
FREQUENTLY CHARGED COLORADO DOMESTIC VIOLENCE CRIMES
ABBREVIATED SUMMARY

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

perhaps I will become your attorney
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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
FREQUENT DOMESTIC VIOLENCE CRIMINAL CHARGES
COLORADO DOMESTIC VIOLENCE
COLORADO SPRINGS DOMESTIC VIOLENCE CRIMINAL DEFENSE
third degree assault * harassment * menacing * violation of a restraining order * false imprisonment
criminal mischief * obstruction of telephone * wiretapping * eavesdropping * perjury * false reporting
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
WARNING bail bond SEARCH & SEIZURE NO STATEMENTS TO THIRD PERSONS
communications not privileged
RESIDENCE OF ALLEGED ABUSER
time to leave home - at least temporarily

Attorney comment regarding charging
*        *        *        *
False reporting to authorities
*        *        *        *
Perjury in the first degree
*        *        *        *
Perjury in the second degree
*        *        *        *
Definitions
*        *        *        *
False swearing
*        *        *        *
Perjury or false swearing
inconsistent statements
*        *        *        *
Perjury and false swearing - proof
*        *        *        *
Perjury and false swearing
previous criminal action
*        *        *        *
Perjury - retraction
*        *        *        *
Perjury and false swearing
irregularities no defense

Felony Stalking
 *        *        *        *
 Harassment
 
most commonly charged DV crime
 *        *        *        *
Third degree Assault
common charge
bodily injury - no specific amount of pain required
 *        *        *        *
Second degree Assault
serious bodily injury or use of a weapon - usually knife
 *        *        *        *
Menacing
frequently charged DV crime - threat of violence
 *        *        *        *
Violation of a restraining order
frequent charge
 *        *        *        *
False imprisonment
charged periodically - usually blocking doorway or exit

 
 

 

Criminal Mischief
surprise to many - charged even if it's your own property
 
 
 
 
 
 

Obstruction of telephone or telegraph service
surprise to most people - charges include hanging up phone or pulling cord from wall
charged periodically - not uncommon
*        *        *        *
Wiretapping - charge not common
*        *        *        *
Eavesdropping - charge not common

  

 

DO I NEED AN ATTORNEY? ATTORNEY'S ROLE AND ASSISTANCE
ATTORNEY'S FEES AND COSTS INDEPENDENT SERVICE PROVIDERS
 
AFFIRMATIVE DEFENSES CRIMINAL SENTENCING
CIVIL DOMESTIC ABUSE RESTRAINING ORDERS
ACCOUNTING POLICIES LEGAL RESEARCH STATUTES
ATTY - CLIENT DOCS ALTERNATIVES FIND A LAWYER
NOTICE & DISCLAIMER ADVICE BY LAYMEN
 

REGARDING CIVIL RESTRAINING ORDERS INVOLVING DOMESTIC ABUSE
REFER TO
RESTRAINING ORDERS PAGE

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

PERSONAL INTERACTION

 
FELONY STALKING
CRS 18-9-111(4)  Criminal Classification: (F-5) or (F-4)
modified enhanced sentencing

Refer to above link for Adobe Acrobat .pdf file - statute verbatim
caveat: statutes or jury instructions may have been amended since last updated here
Adobe Acrobat    Free Download

Colorado Springs Domestic Violence Criminal Defense
 

I have included very few statutes in this website, however this is one due to the potential for internet abuse
Laws are changed with regularity - attorney makes no representation that the linked statute is current

 

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - felony stalking conviction upheld for electronic GPS device on wife's car with downloadable chip.

   In the context of felony stalking, (whether or not an intimate relationship, breakup, dissolution of marriage, separation, paternity allegation or domestic abuse restraining order litigation), the Sullivan rationale may likely extend to surreptitious installation and monitoring of a computer program which repeatedly reports computer usage or internet activity to another.  (computer spyware tracking programs installed without the user's knowledge or consent).  Publishing attorney has not had occasion to defend a computer spyware felony stalking case, nor is he aware of any specific case in which such criminal charges have been initiated.  Although Sullivan may be a harbinger, current statutory language does not specifically identify surreptitious spyware installation or monitoring as prohibited conduct, and may not be sufficient to support a felony stalking conviction.  Additional legal research would be required for a more definitive opinion regarding defense of this issue.

 

   Web beacons, aka web bugs, have become standard practice in many commercial websites, including reputable companies.  Web bugs are installed surreptitiously without the user's knowledge or consent and without benefit of court order - court scrutiny.  Web bugs may track computer usage or internet activity.  Commercial software is available to block or find and delete web bugs which are considered by many in the computer industry to be spyware. 

   An attorney naturally queries the difference between tracking spyware surreptitiously installed by a commercial enterprise and tracking spyware surreptitiously installed to track computer or internet activity of someone with whom the installing person (alleged stalker) has had a continuing relationship.  Put another way, is the enabling language of CRS 18-9-111(4)(a) sufficient to withstand a constitutional equal protection challenge?

 
HARASSMENT
CRS 18-9-111  Criminal Classification: (M-3)
Refer to above link for Adobe Acrobat .pdf file - statute verbatim
caveat: statutes or jury instructions may have been amended since last updated here
Adobe Acrobat    Free Download

Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
        (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
        (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
        (c) Follows a person in or about a public place; or
        (d) Repealed.
        (e) Initiates communication with a person, anonymously or otherwise by telephone in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone which is obscene; or
        (f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
        (g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or
        (h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(1.5) defines obscene. Refer to the statute.

(2) Harassment pursuant to subsection (1) of this section is a Class 3 Misdemeanor.

 
THIRD DEGREE ASSAULT
CRS 18-3-204  Criminal Classification: (M-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

A person commits the crime of assault in the third degree if he knowingly or recklessly causes bodily injury to another person or with criminal negligence he causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a Class 1 Misdemeanor.

Bodily Injury means physical pain, illness, or any impairment of physical or mental condition
Source: COLJI 5(5), CRS 18-1-901(3)(c)
Attorney Note:  no specific degree of pain is required under the definition.

 
SECOND DEGREE ASSAULT
CRS 18-3-203
  Criminal Classification: (F-6) or (F-4)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits the crime of assault in the second degree if:
        (a) Repealed.
        (b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
        (c) Not relevant to divorce or domestic violence.
        (d) He recklessly causes serious bodily injury to another person by means of a deadly weapon.
        (g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.

(2) Paraphrased.
        (a) Heat of passion reduces the crime to a Class 6 Felony.
        (b) Absent heat of passion, the crime is a Class 4 Felony.

Serious Bodily Injury means bodily injury which, either at the time of the actual injury or at a later time, involves:
        a. a substantial risk of death,
        b. a substantial risk of serious permanent disfigurement,
        c. a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or
        d. breaks, fractures, or burns of the second or third degree.
        Source: COLJI 5(23),  CRS 18-1-901(3)(p)
        Deadly Weapon: CRS 18-1-901(3)(e)

 
MENACING
CRS 18-3-206  Criminal Classification: (M-3) or (F-5)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

A person commits the crime of menacing if, by any threat or physical action, he knowingly places or attempts to place another person in fear if imminent serious bodily injury. Menacing is a Class 3 Misdemeanor, but if committed by the use of a deadly weapon, it is a Class 5 Felony.

Deadly Weapon means any firearm, (whether loaded or unloaded), knife, bludgeon, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or to be used is capable of producing death or serious bodily injury
Source: COLJI 5(10), Deadly Weapon: CRS 18-1-901(3)(e)

 
VIOLATION OF A RESTRAINING ORDER
CRS 18-6-803.5  Criminal Classification: (M-2) or (M-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits the crime of violation of a restraining order if such person contacts, harasses, injures, intimidates, molests, threatens, or touches any protected person or enters or remains on premises or comes within a specified distance of a protected person or premises, and such conduct is prohibited by a restraining order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order.

(2) Violation of a restraining order is a Class 2 Misdemeanor, except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the restraining order is issued pursuant to CRS 18-1-1001 (defendant in criminal case not harassing a victim or witness), the violation is a Class 1 Misdemeanor

Note: many provisions of this statute have not been included due to volume. Arrest provisions are mandatory. Read the statute for further details.
 
FALSE IMPRISONMENT
CRS 18-3-303
  Criminal Classification: (M-2)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

False imprisonment. Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment, which is a Class 2 Misdemeanor. This section shall not apply to a peace officer acting in good faith within the scope of his duties.

PROPERTY

 
CRIMINAL MISCHIEF
CRS 18-4-501
  Criminal Classification: (M-3), (M-2), (F-4) or (F-3)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

        Any person who knowingly damages the real or personal property of one or more persons in the course of a single criminal episode commits a Class 3 Misdemeanor where the aggregate damage to the real or personal property is less than one hundred dollars. Where the aggregate damage to the real or personal property is one hundred dollars or more but less than four hundred dollars, such person commits a Class 2 Misdemeanor. Where the aggregate damage to the real or personal property is four hundred dollars or more but less than fifteen thousand dollars, such person commits a Class 4 Felony. Where the aggregate damage to the real or personal property is fifteen thousand dollars or more, such person commits a Class 3 Felony.

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - arson conviction upheld for burning wife’s marital property clothing. 

Prior to and during litigation proceedings, be respectful of joint property or marital property.
        This would be particularly applicable regarding that claimed by your spouse or significant other to be his or her property. 

TELEPHONE OR COMMUNICATIONS

 

OBSTRUCTION OF TELEPHONE OR TELEGRAPH SERVICE
CRS 18-9-306.5  Criminal Classification: (M-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense

 

(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.

(2) Obstruction of telephone or telegraph service is a Class 1 Misdemeanor.

 

WIRETAPPING
CRS 18-9-303  Criminal Classification: (F-6) (Cordless phone is M-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense

 

(1) Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he:
       
(a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without  the consent of either a sender or a receiver thereof or attempts to do so; or
        (b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or
        (c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or
        (d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or
        (e) Repealed and re-enacted as
        (f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
 
(2) Wiretapping is a Class 6 Felony; except that, if the wiretapping involves a cordless telephone, it is a Class 1 Misdemeanor.
 
       
CRS 18-17-103 Definitions
        CRS 18-9-302 Penalties
        CRS 18-9-305 Exceptions

 
EAVESDROPPING
CRS 18-9-304  Criminal Classification: (F-6)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) Any person not visibly present during a conversation or discussion commits eavesdropping if he:
        (a) Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or
        (b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or
        (c) Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section; or
        (d) Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.

 
(2) Eavesdropping is a Class 6 Felony.
 
       
CRS 18-17-103 Definitions
        CRS 18-9-302 Penalties
        CRS 18-9-305 Exceptions

PERJURY
and
FALSE REPORTING TO AUTHORITIES / FALSE SWEARING
attorney comment regarding charging

 
FALSE REPORTING TO AUTHORITIES
CRS 18-8-111  Criminal Classification: (M-3)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits false reporting to authorities, if:
        (a) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
        (b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
        (c) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or
        (d) He or she knowingly provides false identifying information to law enforcement authorities.

 
(2) False reporting to authorities is a Class 3 Misdemeanor.
 
(3) For purposes of this section, "identifying information" means a person's name, address, birth date, social security number, or driver's license or Colorado identification number.

 
PERJURY IN THE FIRST DEGREE
CRS 18-8-502  Criminal Classification: (F-4)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
 
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
 
(3) Perjury in the first degree is a Class 4 Felony.

 
PERJURY IN THE SECOND DEGREE
CRS 18-8-503  Criminal Classification: (M-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
 
(2) Perjury in the second degree is a Class 1 Misdemeanor.

 
Definitions
PERJURY & SWEARING
CRS 18-8-501
The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to definitions here
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
 
(2) Oath
        (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
            (I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
            (II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
            (III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement.
        (b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
 
(3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.

 
FALSE SWEARING
CRS 18-8-504 Criminal Classification (P-1)
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) A person commits false swearing if he knowingly makes a materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503, which he does not believe to be true, under an oath required or authorized by law.
 
(2) False swearing is a Class 1 Petty Offense.

 
PERJURY OR FALSE SWEARING - INCONSISTENT STATEMENTS
CRS 18-8-505
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) Where a person charged with perjury or false swearing has made inconsistent material statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other statement was false and not believed by the defendant to be true.
 
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If the assumption establishes perjury of different degrees, the person may be convicted of the lesser degree at most. If perjury or false swearing is established by the making of the two statements, the person may be convicted of false swearing at the most.

 
PERJURY AND FALSE SWEARING - PROOF
CRS 18-8-506
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

In any prosecution for perjury or false swearing, except a prosecution based upon inconsistent statements pursuant to section 18-8-505, falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness.

 
PERJURY AND FALSE SWEARING - PREVIOUS CRIMINAL ACTION
CRS 18-8-507
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

No prosecution may be brought under sections 18-8-502, 18-8-503, or 18-8-504 if the substance of the defendant's false statement is the entry of a plea of not guilty in a previous criminal action in which he or she was accused of an offense.

 
PERJURY - RETRACTION
CRS 18-8-508
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

No person shall be convicted of perjury in the first degree if he retracted his false statement in the course of the same proceeding in which it was made. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. Retraction is an affirmative defense.

 
PERJURY AND FALSE SWEARING - IRREGULARITIES NO DEFENSE
CRS 18-8-509
caveat: statutes or jury instructions may have been amended since last updated here
Colorado Springs Domestic Violence Criminal Defense
 

(1) It is no defense to a prosecution under sections 18-8-502 to 18-8-504 that:
        (a) The defendant was not competent, for reasons other than mental disability or immaturity, to make the false statement alleged;
        (b) The statement was inadmissible under the law of evidence;
        (c) The oath was administered or taken in an irregular manner; or
        (d) The person administering the oath lacked authority to do so, if the taking of the oath was required by law.

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
 

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

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
 

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