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Do I have to let the police in the door if they request it in Colorado Springs? Does it make a difference if they say they suspect illegal drugs or if they have a warrant?As a rule, law enforcement officers must have a warrant to search your home. A warrantless search requires compelling proof of emergency circumstances that justify the search. Avoid an altercation with law enforcement, but make it clear you object to the search to contest its lawfulness later.
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What misconceptions do people have about Colorado’s marijuana laws, and what are the associated legal risks of acting on those misconceptions?Despite what many people believe, Colorado still restricts marijuana use within the state. For example, Colorado Springs has banned selling recreational marijuana, as have other local jurisdictions. Many public places prohibit marijuana use on their premises. Study local marijuana laws carefully to avoid criminal charges.
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How does the seriousness of consequences increase from possession to sale or distribution of illegal drugs in Colorado Springs, and how does that compare to charges for use of those drugs?Generally, you’d face more serious consequences for distributing illegal drugs compared to simply possessing an illegal substance for personal use. Consult The Foley Law Firm, experienced local drug crime lawyers in Colorado Springs, to understand the implications of the charges against you.
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How have Colorado’s marijuana laws changed since legalization began in 2014?Since legalizing recreational marijuana in 2014, Colorado lifted some restrictions on possession, home delivery, and public consumption of marijuana. In 2019, Colorado governor Jared Polis approved a law enabling businesses to allot areas for recreational marijuana use. Since May 2021, adults in Colorado can possess up to two ounces of marijuana per person.
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Can I be charged and convicted if someone had an illegal drug on them in my vehicle without my knowledge in Colorado Springs, CO?If the police find illegal drugs in your car, you could face a possession charge. However, a skilled drug crimes attorney could work to defend you against the charges based on your lack of knowledge or control of the substance.
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What are some signs that my constitutional rights may have been violated to bring a charge for a drug crime, and what are the implications for my criminal defense case in Colorado Springs if my constitutional rights were violated?Illegal searches and seizures, the unreasonable force used, or coercing a confession are all examples of constitutional rights breaches. A violation of your constitutional rights could disqualify illegally obtained evidence at trial.
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How does attorney-client privilege work for a criminal defense case in Colorado? Are there exceptions to attorney-client privilege in Colorado Springs?The attorney-client privilege means that anything you say to your attorney as you seek legal counsel cannot be divulged by your lawyer. There are exceptions, such as making a statement to your lawyer to conceal a crime. Other exceptions also apply, and we can discuss them during a consultation with The Foley Law Firm.
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Will my criminal defense case likely go to trial, and how can a Colorado Springs criminal defense attorney help me to improve my prospects and likely consequences as I face a criminal charge? (What is a plea bargain?)It’s estimated that only about 2% to 5% of criminal cases go to trial. The reason is that prosecutors are usually very confident about a defendant’s guilt before filing a claim. Many defendants work with their attorneys on plea bargains, which is a way to amend, reduce, or dismiss charges. An experienced criminal defense attorney will be well-versed in structuring a plea agreement that is as favorable as possible.
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Can the police in Colorado search me or my property if they don’t have a warrant and I do not give them permission? How should I respond to a search attempt or request in Colorado Springs?Generally speaking, police need a warrant to search you or your property. However, several exceptions to the warrant requirement exist. As a rule of thumb, remain calm and respectful when asked to submit to a search. Your lawyer can help determine whether the search was lawful.
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Do I need an attorney if I expect to plead guilty to a crime in Colorado Springs? How can I be sure I am making the right decision?Yes, even if you plan on pleading guilty, you should first consult with a lawyer. A guilty plea might not be the best decision, and your attorney can help you fully understand the charges, the consequences, and other options.
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What is a deposition in a Colorado Springs criminal defense case, and what should I expect?The deposition is a way for attorneys to gather witness statements from key witnesses. A court reporter will transcribe everything said at the deposition, and the information can be used to help defend your case.
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Where are you Located?102 S Tejon St #1137, Colorado Springs, CO
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What is an arraignment, how should I prepare, and what should I expect concerning an arraignment for a crime in Colorado Springs?Typically, an arraignment is the first court appearance, which may be combined with a bail hearing. At this appearance, you will hear any charges formally read to you. The best way to prepare for an arraignment is to be professionally dressed, well-groomed, and respectful. Your attorney will further guide you.
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What is the difference between domestic violence and domestic assault in Colorado Springs, CO?In short, domestic violence is not an independent charge. Rather, it can be added to a charge for domestic assault when the victim and perpetrator share an intimate relationship. Examples of intimate relationships where domestic violence applies include current or former status as spouses or as a couple or being parents of the same child. In Colorado Springs, an assault charge with a domestic violence component (labeled “domestic assault”) may come with more serious charges.
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What can I do if the domestic assault charge came about because I was acting in self-defense in Colorado? Can I get my legally owned firearms back to protect myself if I will be living separately from the other party?When applicable, self-defense can clear you of any domestic assault charges. While your case is pending and until you are found innocent of a domestic assault charge, you cannot possess your firearms or purchase new ones. You can, however, make arrangements to give your guns to someone else or store them with law enforcement or a dealer until you are acquitted.
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Will I regain the right to legally own firearms in Colorado if I am acquitted of domestic assault charges?Yes. Your gun rights will be restored if you are acquitted of domestic assault charges.
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What are the implications of violating a restraining order during or after my domestic assault case in Colorado Springs?Violating a restraining order in a domestic assault case is a Class 2 misdemeanor. For first-time offenders, the maximum penalty is up to 12 months in jail or a fine of $250 (or both). Repeat offenses for violating protective orders have escalating charges and penalties. Specifically, someone who violates a restraining order after a previous conviction is subject to being charged with a Class 1 misdemeanor and up to 18 months in jail with an accompanying $500 fine.
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What legal paths are available to me in my Colorado Springs domestic assault case if I was the one being assaulted, but the domestic assault charge was brought against me? Or, what if there may have been violence, hostility, or threats coming from the other or both sides?There are several ways to fight a domestic assault charge if you were the one who was assaulted. You can argue that you acted in self-defense due to being threatened by imminent harm. You are legally allowed to take “reasonable” actions to protect yourself, your loved ones, and your property from harm. Whether you defended yourself or the attack was one-sided, your attorneys will work to gather evidence to help clear your name.
If You Have Questions or You Are Not Sure Whether You Should Hire an Attorney, Discuss Your Criminal Defense Case with The Foley Law Firm in Colorado Springs, CO
When it comes to your future, choosing to hire a criminal defense lawyer is probably one of the most consequential choices you’ll ever make. Our criminal defense attorneys at The Foley Law Firm know what it takes to build a strong case against a wide range of criminal charges in Colorado Springs.
If you’d like to learn more about how our legal team can help your case, call us at (719) 767-1892 today to schedule a free consultation. We can discuss the details of your unique case, explore your options, and devise a strategy to defend against the criminal charges that threaten you and your future.
Why Choose The Foley Law Firm?
We can put your life back together. Unlike other law firms, we remain accessible to answer your questions and help you navigate important decisions from the moment you contact us until your case is resolved.
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Founded by David W. Foley, who, as a former prosecutor, designed the training program for the prosecutors at the 4th Judicial District Attorney’s Office
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Community-minded legal advocacy in Colorado Springs and the Pikes Peak area
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Consistent communication to coordinate your defense strategy
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Personalized, committed service and respectful, neighborly treatment
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Experienced guidance and strategic direction — bringing you peace of mind
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Free consultations for criminal defense cases
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