| Read Time: 3 minutes | Criminal Defense

Colorado Vehicular Homicide Laws

Causing a fatal vehicle accident may seem like enough punishment all on its own. Now that the immediate shock of the situation has subsided, you may find yourself confronted with a charge for vehicular manslaughter in Colorado. Do not take this serious charge lightly. What Is Colorado Vehicular Manslaughter? Vehicular manslaughter and vehicular homicide are interchangeable terms. Under 18-3-106 CRS, Colorado law defines vehicular homicide as driving a motor vehicle in a reckless manner or under the influence of alcohol or drugs and thereby causing an accident that kills another person.  Penalties for Vehicular Manslaughter in Colorado There are two degrees of vehicular homicide in Colorado. Both include severe penalties depending on the circumstances of the accident.  Colorado reckless vehicular homicide The term “reckless” is legally defined as “a wanton or a willful disregard for the safety of persons or property.” This means that you understood the conduct was risky but did it anyway. Speeding, swerving intentionally, or driving while knowingly distracted can all be considered reckless.  Reckless vehicular homicide is a class four felony in Colorado. Penalties include: Two to six years in prison, and/or A fine ranging from $2,000 to $500,000. Your specific circumstances will dictate the exact repercussions.  Colorado DUI Vehicular Homicide DUI Vehicular homicide can involve the same elements as a reckless vehicular homicide but includes driving under the influence of drugs or alcohol. This increases the seriousness of the charge and elevates it to a Colorado class three felony. Penalties include: Four to twelve years in prison, and/or A fine ranging from $3,000 to $750,000. This classification remains whether or not the driving was reckless. The deciding factor is the DUI component.  How to Defend Against Colorado Vehicular Manslaughter Charges Sometimes accidents are just accidents. It is reasonable that the family of the deceased are searching for somewhere to place blame, but that blame may or may not reasonably rest on you. Regardless, the fact that someone has died means that these charges will be zealously prosecuted. Your best defense against a vehicular homicide Colorado charge is highly dependent upon the circumstances of your case. Here are some common defenses that may be applicable. You Were Not the Driver of the Vehicle.  This may seem obvious, but without witnesses, it may be difficult to prove who was actually driving at the time the accident occurred.  Your Driving Was Not Reckless The prosecution must prove that you willfully drove in a way that presented a substantial and unjustifiable risk to others. It is the prosecution’s responsibility to prove your speed, trajectory, driving pattern, and driving conditions. A mistake while driving such as not looking both ways before entering the intersection is certainly an infraction. But at normal speeds, this alone may not be considered reckless.  No Drugs or Alcohol Colorado has no strict legal limits for alcohol in vehicular homicide cases. The prosecution must prove that you were unable to drive safely. A blood alcohol content (BAC) level of .08% or higher implies that alcohol may have impacted your driving. However, this is not conclusive and must overcome the burden of reasonable doubt. A BAC of lower than .08% will need additional supporting evidence to prove inebriation. Police Officer Errors Police errors at the scene of the accident may be applicable defenses to your Colorado vehicular manslaughter charge. The police officer must advise you of your rights before you submit to a DUI test and before you are arrested. Bring any coerced confessions, evidence tampering, illegal searches, and intimidation to the attention of your Colorado criminal defense attorney so they can assess the viability of this defense in your case. You Can’t Do It Alone The criminal justice system is intimidating at best. If you are faced with a serious, life-changing charge like Colorado vehicular manslaughter, you need the help of experienced legal representation to protect your rights and best interests. The team at Lux Law Firm is dedicated to investigating, negotiating, and litigating on your behalf for the best possible outcome. Contact us today for your free case consultation.  

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| Read Time: 2 minutes | Criminal Defense

What is a Schedule 4 Drug Charge in Colorado?

Schedule 4 (or Schedule IV) refers to the classification of illegal substances. The schedule of the drug you are charged with possessing has a decisive influence on the penalty that you will receive if Colorado convicts you or if you plead guilty. Although Colorado recently revised its criminal code to lessen the penalties for the possession of illegal substances, a Schedule 4 drug charge is still serious.  Colorado’s Drug Schedules Colorado divides controlled dangerous substances into five categories or schedules. Each schedule contains a list of specific substances that are prohibited or restricted under that schedule. Some of these substances are outright illegal to possess, while others are legal but require a prescription to possess. The Colorado drug scheduling system largely mirrors the federal system. Schedule I contains the most dangerous and restricted drugs, such as heroin. Schedule V contains the least dangerous and least restricted of all controlled dangerous substances, such as certain medications that contain a small amount of codeine.  Schedule IV Technically, Colorado refers to Schedule 4 as “Schedule IV,” using the Roman numerals. Colorado’s Schedule 4 drugs include Valium, Xanax, Rohypnol, and prescription sleep aids such as Ambien, to name a few.  Schedule 4 Drug Penalties It is a level 1 drug misdemeanor under Colorado law to possess Schedule IV drugs without a valid prescription. In Colorado, a level 1 misdemeanor can result in up to 364 days in jail and a fine of up to $1,000. These penalties were much stiffer before sentencing reforms in 2020.  Keep in mind that pretrial diversion programs, plea bargaining, or a successful defense could all keep you out of jail. Special penalties for Rohypnol Rohypnol (“roofies”) is also a Schedule IV drug, but it carries stiffer penalties because people often use it as a “date rape” drug. Possession of any amount of Rohypnol is a felony with a penalty of up to a year in prison, a year of parole, a hefty fine, and a drug offender surcharge of $1,500 to $4,500. Factors That Can Increase the Penalties Colorado increases the penalties for possessing Schedule IV drugs, sometimes drastically, in response to certain aggravating factors. These factors include: Multiple offenses, Possession of large enough amounts to trigger the assumption that your purpose is to sell or distribute these drugs, Distribution of drugs, and Provision of drugs to a minor (under 18 years old).  In some cases, a Schedule IV drug offense could land you in prison for many years.  We Stand Ready to Defend You If Colorado has charged you with a Schedule IV drug offense, you don’t have to sit back and wait for the prosecutor to convict you. You can fight back, and we can help you. You might win an outright acquittal, negotiate a favorable plea bargain, or receive enrollment in a pretrial diversion program, among other possible scenarios. The Colorado criminal justice system is a jungle, and you are going to need experienced and determined representation to help you protect your future. We have been successfully fighting for people like you for many years now. Contact the Lux Law Firm at 719-249-6290 or contact us online to schedule a consultation.

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| Read Time: 2 minutes | Category Name

How Do Colorado Courts Determine Bail?

After an arrest, a judge decides whether or not to set bail for the arrestee. Bail is essentially a way for courts to ensure that you show up for your subsequent court dates until your case is resolved. If a judge is concerned that you may not come to court, or that you might commit another crime while on release, they will likely require you to post bail. Posting bail is putting up money and possibly collateral that gets confiscated if you don’t show up to court. You may also forfeit this money if you violate any of the terms of your pretrial release—for instance, by getting arrested again. And if you fail to appear for court, the judge will also issue a bench warrant for your arrest. Factors Judges Consider When Determining Bail When it comes to setting bail, judges have almost absolute discretion. This means that appellate courts will rarely reverse a judge’s decision to set bail. Thus, the best way to ensure that you get a fair bail amount is to have an attorney represent you at your arraignment or any time that the court considers bail. Courts will consider many factors when setting bail, including the following. Do you own a home phone or a cell phone? Do you own or rent your home? Are you responsible for paying rent or a mortgage? Do you have a history of alcohol abuse? Do you have a history of mental health issues? How old were you at your first arrest? Have you been to jail before? Have you been to prison before? Did you have any active warrants? Do you have any other pending cases? Are you currently on probation or parole? Has a court ever revoked your bail in the past? Of course, another major factor is the seriousness of the crime the government accuses you of committing. Generally, the more serious the crime, the higher the bail. For example, the bail amount for a charge of drug possession will almost always be less than the bail for a violent crime. In fact, the bail amount for drug possession may be zero, depending on your criminal history. If you get released without having to put up any money, this is referred to as being released on your own recognizance. In this situation, the court issues an unsecured bond of a certain dollar amount. You are then released on your own recognizance with no money down, but if you violate the terms of your pretrial release you must pay the amount of the unsecured bond.  Courts can also place a lien on real property to secure your presence at trial. However, cash bail is more common. In very serious cases, courts can also hold you without bail, meaning you will remain in custody until the conclusion of your case. Are You Being Held on Bail? If you or a loved one is being held in custody pending trial, the dedicated Colorado criminal defense lawyers at the Lux Law Firm may be able to help get you out of jail. At the Lux Law Firm, we regularly craft compelling arguments to obtain a pretrial release for our clients, even under circumstances where it may be tough to secure such release. Regardless of the nature of the allegations you face, your prior record, or the current bail amount, we can help. To learn more, and to schedule a free consultation with one of our Colorado criminal defense attorneys, call 719-259-1972 today. You can also reach us through our online contact form.

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| Read Time: 3 minutes | Criminal Defense

Colorado Drug Schedule Charges Overview

Drug crimes are one of the most commonly prosecuted crimes in Colorado. In fact, according to the most recent government data, there were nearly 15,000 narcotics violations in 2020. This involves the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Drug crimes can be very serious, with convictions often calling for lengthy prison terms. However, the seriousness of a drug crime depends on several factors, including: The schedule of the drug; The amount of drugs in your possession; Whether you possess the drug for personal use or for sale; Your prior record; and Whether you sold to a minor or enlisted the help of a minor. Some drug crimes are “wobblers,” meaning they can be reduced from a felony to a misdemeanor upon the completion of a community-based sentence. Background on Drug Schedules The government classifies all narcotics into five drug schedules. Generally, the government considers two things when scheduling a drug: The drug’s acceptable medical uses, if any; and The drug’s potential for abuse or dependency. For example, Schedule I drugs have a high potential for abuse and few or no medical benefits. On the other end of the spectrum, Schedule V drugs carry the lowest potential for abuse and offer the most acceptable medical benefits. Under the system of government in the United States, every state creates its own list of drug schedules. In addition, the federal government has a list of drug schedules used to prosecute federal drug crimes.   Colorado Drug Schedules The seriousness of any Colorado drug crime depends primarily on the type of drug in question and the drug’s schedule. Below is a list of the Colorado drug schedules, and a few examples of the types of drugs in each schedule. Schedule I (CO Rev. Stat. § 18-18-203) Schedule I drugs are those that have a high potential for abuse and no currently accepted medical use. The following are Schedule I drugs in Colorado: Ecstasy, Heroin, GHB, and Bath salts. In most cases, the mere possession of a Schedule I drug is a level four drug felony, carrying a punishment of up to one year in jail. Schedule II (CO Rev. Stat. § 18-18-204) Similar to Schedule I drugs, Schedule II drugs also have a high potential for abuse. However, the difference is that Schedule II drugs have at least some acceptable medical uses. Schedule II drugs include: Morphine, Opium, Codeine, Vicodin, Mescaline, Cocaine, Psilocybin, Methamphetamine, and Peyote. In most cases, the mere possession of a Schedule II drug is a level four drug felony, carrying a sentence of up to one year in jail. Schedule III (CO Rev. Stat. § 18-18-205) The drugs in Schedule III have a lower potential for abuse than those in Schedules I and II. If abused, these narcotics lead to less serious physical or psychological symptoms. Schedule III drugs also have valid medical uses. Those drugs in Schedule III include the following: Ketamine, Anabolic steroids, Some barbiturates, Medications (such as cough syrup) containing small amounts of codeine or morphine. Possession of a Schedule III drug is a level one drug misdemeanor, carrying a minimum sentence of six months in jail. However, a fourth conviction for a level one drug misdemeanor becomes a level four drug felony. Schedule IV and V (CO Rev. Stat. §§ 18-18-206 and 18-18-207) Schedule IV and V drugs present the lowest risk of dependency among all scheduled narcotics. They also have the most accepted medical uses. Schedule IV and V drugs include: Xanax, Valium, and other benzodiazepines; Ambien and other prescription sleep medication; and Medication containing very little codeine or morphine. Possession of most Schedule IV or V drugs is graded as a level one drug misdemeanor that carries a minimum sentence of six months in jail. Are You Facing a Colorado Drug Charge? If police recently arrested you for a drug crime, contact the dedicated Colorado drug defense lawyer at the Lux Law Firm. Founding attorney, Austin Lux, is a former prosecutor who spent years prosecuting drug cases on behalf of the government. This provides him with unique insight into how the government views and prosecutes these cases. Possessing this unique insight gives Attorney Lux a distinct advantage when it comes to strategizing the best defense for your case. At the Lux Law Firm, we recognize that any criminal charge carries the potential to drastically impact your life. Therefore, we promise to take your case as seriously as you do. To learn more, and to schedule a free consultation, give the Lux Law Firm a call at 719-249-0617 today. You can also reach us through our online form.

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| Read Time: 3 minutes | Criminal Defense

Tips to Finding the Top Criminal Defense Attorney in Colorado Springs

Facing criminal charges is incredibly stressful. Your job, freedom, and life are literally on the line. If you’ve faced criminal charges of any kind, you deserve the best criminal defense attorney in Colorado Springs. However, unless you’ve been through the process before, you may not know where to start to find a top defense attorney. Below are a few things to keep in mind when looking for the right attorney to defend you. Experience Matters If the government claims you committed a serious crime, you want a lawyer who is comfortable handling your case. You want to avoid feeling like you need to take a plea because your attorney is not confident taking your case to trial. A confident criminal defense attorney has handled many criminal cases of varying degrees, negotiated numerous plea bargains, and taken many cases to trial.  So, when interviewing criminal defense lawyers, ask the lawyer how long they have been practicing criminal law. Ask what types of cases they regularly handle and how many cases they have taken to trial. While some lawyers claim to have decades of experience, it may be that they worked in civil litigation for years and have only tried a handful of criminal cases. When your freedom is at stake, this is information you need to know. At the Lux Law Firm, you get the vast experience of former Deputy District Attorney Austin Lux. As a prosecutor, Mr. Lux handled thousands of criminal cases on behalf of the government. Therefore, he possesses an amount of criminal trial experience that few criminal attorneys can claim. His time at the prosecutor’s office also gives him unique insight into how the government prepares cases and which defenses have the highest likelihood of success. Insist on Results When looking for the best criminal defense attorney in Colorado Springs, it is important that you ask about a lawyer’s track record. If a lawyer isn’t upfront about their results, they probably have something to hide. Maybe they’ve only handled a few cases. Or perhaps many of the cases they have handled resulted in poor outcomes for their clients. Attorney Austin Lux has a successful track record for all types of misdemeanor and felony offenses. For example, he recently secured the dismissal of a marijuana cultivation case that carried a mandatory sentence of 8 to 32 years in prison if the jury found his client guilty. He also recently won an acquittal for his juvenile client who was charged with felony assault following a house party. The court found Attorney Lux’s client acted in self-defense. When you ask Attorney Lux for his case results, he is proud to share them with you so you can be sure that you are in good hands. You Deserve to Be a Priority A top defense attorney will make it clear that you are their priority. Many Colorado Springs criminal defense lawyers take on a tremendous number of cases. This can interfere with their ability to provide each client with the attention they deserve. At the Lux Law Firm, we only take cases when we are confident that we can help. We don’t overburden ourselves by accepting every case that comes through the door. This enables us to give you the individualized attention that can make a significant difference in the outcome of your case. From the minute you hire us, we immediately get to work. We use our vast experience and resources to get you the best possible result for your case. Make Sure You Get Along with Your Attorney When you hire a lawyer, they become your trusted counselor throughout the duration of your case. Some cases take weeks—others take months or even years to resolve. Therefore, picking an attorney you are comfortable working with is important.   Meet with Several Lawyers When you are looking to purchase a car, you typically don’t buy the first one you see. Instead, you shop around a bit. The same principle applies to hiring a lawyer. Don’t assume that just because you met with a lawyer you have to hire them. Meet with several lawyers, get a feeling for each one, learn about their credentials, and then decide which one is best qualified to represent you. Contact the Lux Law Firm to Schedule a Free Case Evaluation Looking for the best defense attorney to defend your rights may seem like an overwhelming endeavor. However, by asking a few key questions, you can find an attorney who can help you effectively defend against whatever charges you face. At the Lux Law Firm, we take a client-centered approach to every case we handle. We listen first and then sit down with you to come up with the best possible defense. To learn more and schedule a free consultation with an experienced Colorado Springs criminal defense attorney, contact the Lux Law Firm at 719-280-5276. You can also reach us through our online contact form.

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| Read Time: 3 minutes | Criminal Defense

Famous Wrongful Conviction Cases in U.S. History

When it comes to the criminal justice system, mistakes happen. There are plenty of instances where a citizen of this country was forced to serve prison time for a crime they did not commit. Unfortunately, the miscarriage of justice is more common than you’d think and often strips the accused of their freedom forever. That’s why it’s imperative to hire a skilled criminal defense attorney if you ever get accused of a crime. Here are four of the most famous wrongful conviction cases in U.S. history that show the criminal justice system at its worst. The Central Park Five Perhaps the most famous criminal case in recent memory is the case of the Central Park Five which resulted in the wrongful conviction of five young men. In 1989, the New York City Police Department arrested more than twenty teenagers after finding a woman raped and beaten in Central Park. A majority of the suspects, including the five who were eventually convicted, were men of color — implying racial bias in the case.  Despite the lack of matching DNA evidence and conflicting information in the supposed confessions, the five teenagers were sentenced to prison. The case became a national headline due to the pressure from the media and local leaders. Police used threats and fear to coerce these teenagers into making false confessions.  In 2002, the district attorney’s office finally exonerated the five young men after another inmate confessed to the rape. This inmate’s DNA matched the sample found on the woman, and the nature of the attack was almost identical to his previous rapes.  West Memphis Three In 1993, three young boys were found dead in a ditch in West Memphis, Arkansas. With very little DNA evidence and no motive, police had a difficult time finding the person responsible for the murders. Without any factual basis, the police turned to three teenagers with minor criminal histories. One of the boys had an intellectual disability, and another had a severe psychiatric disorder.  Despite having no evidence connecting the boys to the scene, the court sentenced one boy to death. The judge sentenced the other two boys to life in prison. It wasn’t until 2011 that new DNA evidence and the discovery of juror misconduct freed them of their wrongful convictions. Each of the boys ended up serving 18 years in prison for a crime they had absolutely no connection to. The McCollum Brothers In 1983, police arrested half-brothers Henry McCollum and Leon Brown for the rape and murder of 11-year-old Sabrina Buie. At the time, McCollum and Brown were 19 and 15 years old, respectively. In 2014, the attorney general’s office found that police officers fabricated evidence against them and coerced them into confessing. Just like the case of the West Memphis Three, both McCollum and Brown had intellectual disabilities, which made them particularly vulnerable to manipulation. They spent more than 30 years in prison until new DNA evidence implicated a criminal convicted of a similar crime. Kimberly Long In October 2003, Kimberly Long arrived home early in the morning to find her boyfriend beaten to death in the living room. She had just returned from a night out with her friend, Jeff Dills. When police arrived, they brought Long and Dills in for questioning. Dills stated that he dropped Long off at her house at 1:20 AM, nearly 49 minutes before she called 911. However, Dills died before he could testify in court. Despite this, the court found Long guilty of murder due to Dills’ earlier witness statement. After serving 11 years, Long appealed her sentence with new evidence showing that her boyfriend died several hours before she arrived home. In addition, they found evidence of an unidentified male’s DNA at the crime scene. Based on this information, the judge reversed Long’s conviction. Although the district attorney’s office appealed the decision, the Supreme Court tossed her conviction in November 2020. Accused of a Crime? Don’t Try to Fight it Alone If these famous wrongful conviction cases can teach us anything, they prove the importance of having an experienced criminal defense attorney on your side. At the Lux Law Firm, attorney Austin Lux has years of experience working as both a prosecutor and a defense attorney. He is intimately familiar with the tactics prosecutors use to get a conviction and is dedicated to preserving the freedom of innocent people.  To schedule a consultation, contact us online or give us a call at 719-368-7698. Austin proudly serves clients throughout Colorado from his office in Colorado Springs.

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| Read Time: 2 minutes | Criminal Defense

Colorado Simple Assault – Will I Go to Jail?

A conviction for simple assault charges can have a profound impact on your life. It can be harder to find a job, get into school, or even obtain custody of your children with a simple assault conviction on your record. Prosecutors pursue all assault charges diligently, even if no one was seriously hurt. If you face simple assault charges, it is essential that you contact an experienced Colorado Springs criminal defense attorney to defend your interests. At the Lux Law Firm, we have extensive hands-on experience representing clients in all types of violent crimes, including simple assault charges. What Is Simple Assault? Colorado Law breaks assault offenses down into three categories (first, second, and third-degree assault), depending on the seriousness of the crime. Simple assault refers to third-degree assault, which is the least serious of the Colorado assault crimes. There are two ways prosecutors can prove simple assault charges: You knowingly or recklessly caused bodily injury to another person; or You acted with criminal negligence to cause bodily injury through the use of a deadly weapon. There is no requirement that prosecutors prove you intentionally injured the other person or that they were hurt badly. The level of injury required to sustain a conviction for simple assault is very minor. For example, a jury may find that a black eye or bruising constitutes bodily injury. Even merely causing another person pain can be sufficient for a conviction under this statute. Simple assault charges carry a maximum punishment of up to two years in jail and a fine of up to $5,000. However, it is common for those who do not have prior convictions to avoid jail time, even if convicted of simple assault. That said, there are several defenses to simple assault charges that may result in the government withdrawing the case or a judge or jury acquitting you: You acted in self-defense; The supposed victim made up the allegations; or You did not act with the culpable mental state. Notably, to successfully rely on self-defense, your response to the initial aggressor’s attack must be reasonable. In other words, if someone slapped you, you’d have an easier time claiming self-defense if you punched them than if you took out a knife and stabbed them. In some cases, prosecutors are willing to drop certain charges if it looks like you have a good defense. A skilled Colorado Springs criminal defense attorney can help you understand which of these defenses applies best in your situation. Contact an Experienced Colorado Springs Criminal Defense Lawyer If you face simple assault charges, you need an attorney who is ready to stand up for your rights at every stage of the process. At the Lux Law Firm, we protect the families, freedoms, and futures of our clients from the devastating effects of criminal convictions. We have successfully handled countless misdemeanor offenses in Colorado Springs, including simple assault charges. We routinely spare our clients from the most serious consequences of a conviction, allowing them to move on with their lives with as little impact as possible. To learn more, and to schedule a free consultation, give us a call at 719-280-5276. You can also reach us through our online contact form. 

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| Read Time: 3 minutes | Criminal Defense

Colorado Domestic Violence Laws

Colorado does not have domestic violence specific charges. Instead, domestic violence operates as a sentencing enhancement or aggravator that is added to criminal offenses committed against current or former romantic partners. Any criminal violation can receive a domestic violence sentencing enhancement, even crimes against property.  Common Crimes Associated with Domestic Violence The crimes commonly seen with a domestic violence sentencing enhancement include: Assault, Harassment, Child abuse, Menacing, Criminal mischief, Stalking, Elder abuse, Sexual assault, and False imprisonment. Again, any criminal statute violation in Colorado involving intimate partners can receive a domestic violence enhancement, depending on the facts of the case. How Does Colorado Domestic Violence Law Define Intimate Relationships? An “intimate relationship” includes relationships between: Formerly or currently married spouses; Individuals who share children; and A former or current romantic partner. Living together does not automatically place someone in one of the above categories.  What Is the Statute of Limitations for Domestic Violence Charges in Colorado? A statute of limitations provides the length of time the state has to prosecute the defendant on his or her charges. After the statute of limitations expires, the prosecution can no longer pursue those charges against you.  The statute of limitations for crimes including a domestic violence enhancement depends on the underlying crime you were charged with. For felony crimes, the statute of limitations prohibits prosecution after a period of three years. For misdemeanor crimes, the statute of limitations prohibits prosecution after only 18 months. If the statute of limitations expired in your domestic violence case, the criminal prosecution will not be able to proceed. What Is a Protection Order? Following a domestic violence related arrest, courts automatically issue a mandatory protection order (MPO). The MPO prohibits the arrestee from attempting to: Harass, Molest, Intimidate, Retaliate against, or Tamper with witnesses or the victim of the crime. The judicial officer on the case can also include a no-contact order in the MPO, and an order to vacate any shared residence. The no-contact order prohibits the defendant from trying to contact the victim of the crime, directly or indirectly. The MPO lasts through the duration of the criminal case. Violating an MPO constitutes a new criminal violation. Violation of Protection Orders A first-time violation of a protection order constitutes a class two misdemeanor, which carries potential penalties of up to 364 days in jail and up to $1,000 in fines. If you have previously violated a protection order, the violation constitutes a class one misdemeanor, which carries potential penalties of up to 18 months in jail and a $5,000 fine. To constitute “contact” in violation of the order, the defendant’s conduct must involve either physical touching or some element of direct or indirect communication or attempted communication with the victim. Incidental contact with the victim does not qualify as a violation of the protection order. Penalties for Domestic Violence Enhancements in Colorado In addition to the penalty for the underlying criminal violation, Colorado imposes penalties specific to defendants convicted of committing domestic violence. First, the defendant must complete a treatment evaluation and treatment program that complies with the standards adopted by the domestic violence offender management board. The court can order the defendant to complete the treatment evaluation prior to sentencing. Defendants facing domestic violence charges are prohibited from pleading guilty or no contest to any charges that do not include the domestic violence designation unless the prosecutor cannot prove that an intimate relationship exists between the defendant and the victim. Additionally, defendants are deemed ineligible for home detention at the victim’s home. Individuals convicted and sentenced for criminal violations that involve domestic violence are required to relinquish any firearms or ammunition in his or her immediate possession or control and are prohibited under federal law from possessing or purchasing any firearms or ammunition. Questions About Colorado Domestic Violence Statutes? Contact The Lux Law Firm Today We believe that every individual charged with a criminal violation is entitled to an aggressive defense. Our founding attorney, Austin Lux, previously worked as a prosecutor, giving him insider knowledge of the state’s process for bringing charges against Colorado defendants. Mr. Lux has extensive trial experience and has handled every type of criminal case you can think of. In January 2021, Mr. Lux was named one of Colorado’s Top 100 Criminal Defense Trial Lawyers and one of the Top 40 Under 40 Criminal Defense Trial Lawyers.  If you are facing criminal charges in Colorado with a domestic violence enhancement, your freedom is at stake. The Lux Law Firm can ensure you have the best defense possible and negotiate to lessen your charges or have them dismissed altogether. Contact our office today to start your free consultation.

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| Read Time: 3 minutes | Criminal Defense

How to Find an Affordable Criminal Defense Attorney

Criminal charges present serious complications for defendants, especially those without unlimited financial resources. While most people know that criminal convictions can land you in jail, some are unaware of the financial ramifications imposed by the criminal justice system. In many cases, you have to come up with the funds to bond yourself out of jail, pay an attorney to represent you, and still end up with costly fines as part of your sentence. Finding an affordable criminal defense lawyer can alleviate some of these financial concerns. A good, affordable attorney can also cut your costs by negotiating to have your charges reduced or to have your court fees waived. But as the common saying goes, you get what you pay for. Hiring a cheap criminal defense lawyer does not mean you have to agree to a cheap defense strategy. The Lux Law Firm prides itself on providing affordable, effective legal representation to individuals charged with criminal violations in Colorado. We can work with you to prepare the best possible strategy for having your charges reduced or dismissed altogether, without breaking the bank. Experience Representing Criminal Defendants While any licensed attorney can take your case, it is important to hire a lawyer who has experience representing defendants against criminal charges. Criminal court presents different challenges than civil court and an attorney without experience can negatively impact your defense. Our affordable defense lawyers at The Lux Law Firm have a great deal of experience in criminal trials. Furthermore, our founding attorney, Austin Lux, previously worked as a Deputy District Attorney. This means he was responsible for charging and prosecuting criminal defendants at the county level. As a prior prosecutor, Mr. Lux has a distinct advantage over other defense attorneys. Why? Because his insider knowledge of how the prosecutor puts together a case is incredibly valuable. He was a prosecutor, so he knows how they think and how they work to convict people. Therefore, our entire team knows the strategies commonly used by prosecutors to put pressure on defendants to accept bad plea deals. We know how prosecutors strategize. With our finger on the pulse of the prosecution, we can better create a strategy that gets you the best possible outcome for your case. Our Criminal Defense Practice Areas The affordable defense attorneys at The Lux Law Firm have experience representing defendants against a variety of different criminal violations, including: Domestic violence charges; Drug crimes; Driving under the influence (DUI) of drugs or alcohol; Felony crimes; and Marijuana cultivation crimes. Regardless of the criminal violation you are charged with, you are entitled to effective legal representation. Contact our office today to discuss your case with someone who knows how to help. Professional Reputation A lawyer’s professional reputation can play a vital role in a client’s decision on whether or not to hire them. Lawyers who earn recognition for their expertise have the respect of their peers in the legal field. They also have the experience and knowledge necessary to provide a strong defense for their clients. When seeking an affordable criminal defense lawyer, take time to evaluate the professional recognition received by the attorneys you are considering. Some examples of professional recognition include: Inclusion in lists of Top Lawyers in their field; Membership in organizations that recognize top attorneys in a particular area of law; Acknowledgment in legal articles; or Awards for Best Attorney and other designations. The recognition and awards received by attorneys are typically found in their bios on their law firm’s website. Client Testimonials Testimonials from former clients can offer the most realistic review of an attorney’s representation. Testimonials often reflect whether the attorney was successful in the case, whether the client’s interests were represented, and whether the client was satisfied with the attorney overall. These first-hand testimonials can help you determine whether a particular attorney can meet your needs. Case Results Many law firms include a page on their website reflecting some of their most recent case results. When evaluating the case results, some things you should look out for include: Whether any of the cases have gone to trial; Whether the firm primarily defends against certain criminal charges; and How often the case results page receives updates. While attorneys cannot guarantee the outcome of any case, a law firm’s case results page can provide the best picture of whether the attorneys represent their clients effectively.  Contact an Affordable Criminal Defense Lawyer with The Lux Law Firm Today At The Lux Law Firm, we aim to achieve the best possible outcome for all of our clients facing criminal charges. From the minute you hire our firm, we start working on preparing the best defense strategy to have your charges reduced or dismissed. Whether your best strategy involves negotiating a plea deal or taking your case to trial, we are here to help every step of the way. If you’re looking for an affordable criminal defense attorney to represent you, contact our office today for a free consultation.

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| Read Time: 3 minutes | Criminal Defense

How Long Do You Go To Jail For Domestic Violence?

A Strong Defense Will Give You the Best Chance to Avoid Jail Time for Domestic Violence Charges in Colorado  If police arrested you for a crime involving a domestic partner, you may be wondering, Can you go to jail for domestic violence charges in Colorado? Yes, you can, is the short answer. However, along with the threat of jail time you face additional consequences for a domestic violence conviction that may make you pay for a long time to come. Give yourself the best chance to minimize the impact domestic violence charges can have on your life by talking to Colorado Springs domestic violence defense lawyer Austin Lux. As a former prosecutor, Attorney Lux has handled many domestic violence cases. Now, he uses the experience and insight he gained as a prosecutor to work for you.  What Is Domestic Violence in Colorado? Colorado law defines domestic violence broadly. According to Colorado law, domestic violence is any act or threatened act of violence between people who are in an intimate relationship. The definition of domestic violence also includes crimes against the person, property, or an animal that is used as a way to intimidate, coerce, punish, or exact revenge against another.  Understanding the definition of an intimate relationship as used in Colorado law is important. The law defines the phrase “intimate relationship” as a relationship between current or former spouses, unmarried couples who are together or who broke up, and people who have a child together even if they never married or lived together. What Are Domestic Violence Charges? Domestic violence is not a crime on its own. Rather, prosecutors can ask for enhanced penalties for crimes that meet the definition of domestic violence. Therefore, any crime could be domestic violence if the parties are or were in an intimate relationship together. The crime of assault might be the most common domestic violence crime. Colorado law divides the general crime of assault into three categories: first-degree, second-degree, and third-degree assault. So, the severity of the attack, the nature of the injuries, the use of a weapon, and the state of mind of the perpetrator all play a role in determining the degree of assault.  Menacing is an offense related to the crime of assault. Menacing in Colorado is the act of placing someone in imminent fear of serious bodily injury by threat or physical action. Menacing is a Class three misdemeanor but can be a Class five felony if the perpetrator displays or threatens to use a deadly weapon.  Thus, you could get probation or serve 12 years or more for a domestic violence conviction. A seasoned defense lawyer needs to review your case to know how long of a sentence that you are facing for your domestic violence charge. The state imposes additional penalties for crimes of domestic violence, but how long you could go to jail is typically your biggest concern. Colorado law makes every person convicted of a domestic violence offense undergo an evaluation to see if you require any treatment for things like anger issues. The judge can order you to undergo this evaluation and treatment before sentencing.  Get the Help You Need from a Qualified Domestic Violence Defense Attorney Contact Colorado Springs criminal defense lawyer Austin M. Lux right away if the police arrest you for domestic violence charges. As an experienced defense lawyer, he can advise you regarding how long you may go to jail for domestic violence. Additionally, an experienced criminal lawyer can create a defense to give you the best chance to stay out of jail.  As a former prosecutor, Austin Lux knows the ins and outs of the Colorado criminal justice system. You can rely on his experience to give you the best chance to avoid incarceration. Call the Lux Law Firm today at 719-496-2177 to discuss your rights and defenses to domestic violence charges in Colorado. There’s no commitment and your initial consultation is free. 

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