Representative Criminal Defense Cases

The following examples are from actual cases. We are careful to detail the facts in a way that does not disclose the identity of our clients.

At the Liberty Law Center, our defense attorneys are very experienced and work hard to achieve the best possible results for each client. Please be aware that every case is unique and every client has special circumstances. It is unethical for an attorney to guarantee any particular outcome.

When you need personal legal advice and criminal defense service, call the attorneys at Liberty Law: 719-578-1183 or 303-795-0662 or email us for a free initial consultation.

Traffic Violations

41-YEAR-OLD HOMEMAKER LIVING OUT OF STATE charged in 2 separate cases with driving under revocation. She was facing 30 days mandatory jail sentencing in each case. Client had been revoked because of a prior driving under the influence charge. Because of the pending cases in Colorado our client was unable to get her driver’s license in her new home state. She contacted us from over 2,000 miles away and asked if we could do anything to help. She had two small children and needed her drivers license desperately. Our attorneys contacted the deputy district attorney and asked for copies of the police reports. The cases were over 5 years old and it turned out the district attorney no longer had copies of the reports. Based upon this lack of evidence the district attorney agreed to dismiss both cases.

Representative Cases22-YEAR-OLD WAITRESS and single parent charged in two separate cases of driving while under suspension. Client had been suspended because of a failure to provide the state with proof of valid insurance. She was facing mandatory jail in each case. Our attorneys contacted the deputy district attorney and were able to get an agreement to dismiss one of the cases and to grant a deferred sentence to a reduced charge of driving without a valid drivers’ license. Client was to complete 100 hours of public service and pay $68 in court costs. No conviction of any kind will appear on client’s record and the client will not suffer any additional loss of license.

23-YEAR-OLD ADMINISTRATIVE ASSISTANT charged with driving while under suspension for failing to provide the state with proof of valid insurance. Our attorneys requested copies of the department of motor vehicle records that indicated she was under suspension. A careful review of the documents revealed that our client was not legally suspended at the time she was contacted by police. This revelation was pointed out to the prosecutor and the case was dismissed.

Domestic Violence / Assault

23-YEAR-OLD CLERK charged with 2nd degree assault as an act of domestic violence. Witnesses indicated that our client had intentionally injured his girlfriend using his car as a deadly weapon. She had suffered severe lacerations upon impact with the ground. He was facing a minimum mandatory 5-year sentence to the Colorado State Department of Corrections. The district attorney offered our client to plead guilty to a felony and be placed under supervised probation. The client did not want to be marked as a felon at age 23 so it was imperative to avoid that felony conviction. The case was set for trial. Negotiations with the district attorney continued and shortly before the trial date the district attorney agreed to grant a 3-year deferred sentence to a reduced charge and allow our client to be convicted of a misdemeanor assault and avoid a jail sentence.

51-YEAR-OLD COMMUNICATIONS TECHNICIAN charged with 3rd degree assault and harassment as an act of domestic violence. The client had pleaded guilty to abusing his girlfriend before and was attending domestic violence classes. The allegation was that our client had struck his girlfriend in the face causing her injury. Our client denied any wrongdoing. The district attorney offered a 30-day jail sentence a situation, which would have cost our client his job. The case was set for trial. Our attorneys endeavored to convince the district attorney to dismiss the case or in the alternative grant us an offer not involving jail. On the day of trial the case was dismissed for lack of sufficient evidence.

51-YEAR-OLD CIVIL SERVANT charged with assault upon a woman. The woman alleged that our client had sexually harassed her and when she had rebuffed him he assaulted her by kicking her in the forehead fracturing her skull and leaving a visible dent in the middle of her forehead. Medical records verified the injury and our client faced possible jail as well as almost $20,000 in medical bills for restitution. Our attorneys worked with the district attorney, but no resolution could be reached and the case proceeded to jury trial. The victim testified during trial and was cross-examined by one of our attorneys. Her testimony was shown to be inconsistent with our investigation and the jury returned a verdict of not guilty.

30-YEAR-OLD NURSING HOME ADMINISTRATOR charged with menacing her husband with a deadly weapon. Our client was facing class 5 felony menacing charges and prison up to 3 years. The victim alleged that our client had attacked him with a pair of scissors in an attempt to kill him. Our client asserted that she never attacked her husband and that she had in fact been the victim of abuse for years. Our attorneys and staff investigated the case, were able to contact friends and family of our client and obtain copies of the 911 call, which the district attorney did not have. A picture of abuse and victimization upon our client began to slowly emerge from the case and the 911 tape revealed our client crying out in pain. We presented our investigation to the district attorney and the case was dismissed.

Representative Cases31-YEAR-OLD RESTAURANT MANAGER charged with felony menacing and felony eluding of police. The victims were two high school students who alleged that our client had called them over to his car, pointed a semi automatic handgun at them and threatened to shoot them. The victims had then reported this to police who spotted our client’s car and initiated a traffic stop. Our client afraid, and intoxicated, led the police on a high-speed chase that ultimately resulted in his arrest and the police recovering the gun from his vehicle. Our client had a serious depression and alcohol problem. We immediately addressed the problems. He began attending counseling for alcohol, depression and anger control. The deputy district attorney, persuaded by our attorneys’ efforts as well as those of our client agreed to a 4 year deferred sentence to the Felony Menacing charge and to reduce the Eluding charge to a Driving Under the Influence charge. Our client was ordered to attend alcohol classes and therapy, but no felony conviction will appear on his record and he served no jail time.

51-YEAR-OLD LOAN OFFICER charged with child abuse. The alleged victim initially alleged that her father had struck her in the stomach with a closed fist. Her father contacted our office and was advised that it would be best to have legal counsel despite that the true facts warranted a dismissal. The facts were that the father came home and found his 15-year-old daughter in the company of an older teenager. This person was of questionable reputation (suspected drug use) and had been forbidden from associating with his daughter or coming to their home. The daughter indicated she was leaving the home with this person and the father refused to let her go. The daughter yelled, cursed, and struck her father. There was no injury to anyone. During a 6-month court process 3 different deputy district attorneys refused to dismiss the case. Less than 1 week prior to a scheduled jury trial the father came back to Daniel, Thom & Katzman, P.C., Lawyers and retained our office. Our attorneys prepared the case for trial, including interviewing the alleged victim and her mother as well as researching issues involving jurisdiction and discovery violations. Our attorneys appeared on the scheduled trial date. After discussing the possible defenses with our attorney the deputy district attorney dismissed the case without a trial. The record of this incident can now be sealed (expunged).

Drug Offenses

45 YEAR OLD ELECTRICIAN charged with possession of crack cocaine a schedule II drug as a class 4 felony and facing up to 6 years in prison and a mandatory revocation of his drivers license (Mandatory in Colorado on many drug related charges). Our client was contacted during a routine traffic stop and allowed the police to search his vehicle. During the search the police found a baggie containing several grams of crack cocaine. Our attorneys contacted the deputy district attorney pointing out our client’s lack of prior criminal history and his cooperation with the police on this occasion. The case was resolved with a plea to a misdemeanor drug paraphernalia charge, $150 in court costs, 36 hours of public service and no loss of drivers’ license.

34-YEAR-OLD WAREHOUSE MANAGER and two-time convicted felon charged with possession of methamphetamine a class 4 felony and facing possible habitual criminal charges if convicted. Client was contacted by police when they responded sometime after midnight to a burglar alarm and witnessed our client riding his bike away from the business. The police stopped our client and because of his proximity to the burglary he was searched and methamphetamine was recovered from his pocket. Our attorneys contested the stop as invalid since riding a bike is not grounds to be stopped by the police unless they have some reasonable belief that our client was engaged in the crime. The deputy district attorney agreed that there was a suppression of evidence issue and offered our client a deferred sentence with no jail. The outcome of a motions hearing was uncertain and the offer made was a guarantee to avoid the possible habitual criminal charges and a lengthy prison sentence.

19 YEAR OLD charged with possession of methamphetamine, a class 4 felony and facing up to 6 years in prison. Police came to client’s house looking for a person who had a warrant out for their arrest. The police officer indicated he detected the odor of marijuana when he entered the residence and told our client to give up the marijuana. Our client opened a drawer to get out a pipe and the officer saw a baggie inside the drawer. The officer seized the baggie and it was found to contain methamphetamine. Our attorneys contested the officer’s entry and search of our client’s residence. The deputy district attorney agreed to grant our client a 2-year deferred sentence with no jail and no conviction will enter upon his record.

Sexual Offenses

30-YEAR-OLD MANAGER OF A LOCAL BUSINESS charged with sexual assaulting his 5-year-old niece. Client was charged with sexual assault upon a child and sexual assault as a pattern of ongoing abuse, both class 3 felonies. He was facing a mandatory 10 to 32 year sentence to the Colorado State Department of Corrections. Our attorneys immediately got our client enrolled in counseling and endeavored to have him placed in a program that would offer him support and assistance with his problem rather than a lengthy prison sentence. The district attorney granted our client a 4 year deferred sentence with mandatory counseling. No felony conviction will enter upon his record, he served no jail and he has maintained his original place and position of employment.

39-YEAR-OLD COMPUTER CONSULTANT charged with soliciting a prostitute. Client was contacted by undercover police officer posing as a prostitute. The officer reported that our client offered money for a specific sex act. The nature of the charge could have led to loss of employment if convicted. Our attorneys contested the contact as possible police entrapment and convinced the prosecutor to amend the charge to simple loitering. Our client received a 1 year deferred sentence to the amended charge and paid court costs of $50. No record of conviction entered and all records were later officially sealed / expunged.

63-YEAR-OLD RETIRED INSURANCE AGENT charged with indecent exposure. Female victim alleged that our client unzipped his pants and exposed his penis in a public place. She reported him to employees of the establishment and our client fled the scene. However, in his haste his wallet fell onto the floor. Police, using the wallet and ID inside, tracked our client to his residence and arrested him for indecent exposure. Client informed the police that this was his second arrest for similar conduct. Due to the prior offense our client was facing a very possible jail sentence. Our attorneys, despite the overwhelming evidence, were able to negotiate a disposition that guaranteed no jail. Client paid $110 in fines and costs.

40-YEAR-OLD COMPUTER PROFESSIONAL under investigation for viewing photos of underage children over the Internet. The police executed a search warrant and confiscated several computers recovering thousands of pictures involving various sex acts. Our attorneys intervened prior to the case being filed in El Paso District court. Our investigation showed various persons had possible access to the computers or Internet accounts during the times in question and were able to convince the deputy district attorney that the case should not be brought to court. Our client’s computers have now been returned and no charges have ever been filed.

Homicide

23 YEAR OLD charged with 1st degree murder, felony murder as part of a sexual assault, facing a possible life sentence in prison. Case proceeded to trial. Defendant was acquitted of 1st degree murder charge and felony murder charge including sexual assault. Client was convicted of lesser offenses. Life sentence avoided. Case now on appeal with the Colorado Court of Appeals.

18 YEAR OLD facing possible murder charges and under a grand jury investigation. Our attorneys interceded in the grand jury process by bringing forth evidence of self-defense. The grand jury was persuaded and voted not to bring charges against our client.

26-YEAR-OLD MEAT CUTTER charged with several felonies including vehicular homicide, vehicular assault, criminally negligent homicide, and possession of methamphetamine. The police indicated that it appeared our client had fallen asleep while driving. Client admitted using drugs prior to the accident and his blood tested positive for methamphetamine. Our attorneys intervened and challenged the connection between the drugs and the unfortunate traffic accident. The deputy district attorney agreed to reduce the charges to use of methamphetamine, a less serious felony, and careless driving, a traffic misdemeanor. Client was placed on probation for 3 years and had to serve 60 days jail with work release.

Theft and Property Crimes

18-YEAR-OLD STUDENT charged with burglary of a dwelling, a class 3 felony and facing up to 16 years in prison. The victim in this case had numerous occasions when items from his house were missing and began to suspect someone was entering his house periodically. A video surveillance camera was erected and our client was filmed entering the house and removing items from within. Our attorneys were retained and contacted the deputy district attorney to resolve the case. Our goal was to avoid a felony conviction. The district attorneys case looked strong since our client was caught on video. During negotiations our attorneys were able to convey the remorse and desire of our client to make amends and he was granted a 2 year deferred sentence upon the condition that he pay for the stolen items. No conviction of any kind will appear on his record.

17-YEAR-OLD STUDENT charged as a juvenile with 1st degree criminal trespass, a class five felony and Theft for breaking into cars and stealing audio equipment. Police contacted our client when he ran from police who were patrolling a parking lot. Police chased our client and found him just after he entered his automobile. The police recovered items stolen from a vehicle in the parking lot inside our client’s vehicle. The case proceeded to a motion hearing where our attorneys challenged the police contact of our client based solely upon his decision to run from police. The judge agreed that the stop was invalid and the case was dismissed.

43-YEAR-OLD HEALTH CARE PROVIDER for the elderly/disabled charged with theft as a class 4 felony, facing up to 6 years in prison. Client was alleged to have conspired with a friend to steal clothing items from a local retailer valued at over $900. Our goals were to avoid a felony and to avoid jail. The task was made more difficult by our client prior conviction of misdemeanor shoplifting (a case not handled by our attorneys). We assisted our client in getting involved with a professional counselor and were able to convince the deputy district attorney to dismiss the Felony Conspiracy and to lower the Theft Felony to a misdemeanor. Our client received 30 days jail, all of which was suspended on condition that she complete 12 months of unsupervised probation with no further violations of law. Client was required to complete 24 hours of public service and continue in counseling.

18-YEAR-OLD PROSPECTIVE COLLEGE STUDENT charged with theft as a class 4 felony, facing up to 6 years in prison. Client was alleged to have participated in a conspiracy with other employees to steal cash from a local retail outlet by falsifying merchandise return slips. The amount in question was considerably over $1,000. Prior to contacting our office, the client met with police and confessed to her involvement in the crime. The client wanted to go to college and her primary concern was to keep a conviction off of her record and especially avoid a felony conviction. Our attorneys contacted the assigned deputy district attorney and were able to arrange a 2 year deferred sentence. No conviction of any kind will appear on her record.

28-YEAR-OLD WAITER charged with criminal mischief as a class 4 felony, facing up to 6 years in prison. Client was alleged to have smashed the windows out of another man’s vehicle. The damage was estimated at over $1,000. Our attorneys were able to persuade the deputy district attorney to dismiss the case if our client paid for the damage to the vehicle.

32 YEAR OLD MAINTENANCE TECHNICIAN with a gambling problem facing charges of theft from an at-risk adult and fraudulent use of a credit card, both felonies. The police alleged that he had used a 72-year-old woman’s credit card to obtain additional gambling funds. Our attorneys negotiated a disposition whereby our client pled guilty to a misdemeanor and received unsupervised probation for 1 year and was ordered to perform 50 hours of public service and to pay restitution. He was not convicted of a felony

Probation Violations / Deferred Sentence Violations

38-YEAR-OLD ENGINEER who had gone to court on his own and accepted 2 years probation to a menacing charge. He had been required to do a 36-week domestic violence class as a condition. He had failed to do any of the required classes. The district attorney was asking that probation be revoked and our client be given a jail sentence as punishment for non-compliance. The client feared he would lose his job if he were to get jail time. Our attorneys advised the client to immediately get started on the required domestic violence classes, even though it would be impossible to complete them prior to the scheduled hearing. We then began negotiations with the deputy district attorney, who was not sympathetic. At the hearing the deputy district attorney pushed for 90 days jail and one of our attorneys pleaded with the judge that jail time would not be fair. Our client was placed on supervised probation and given a second opportunity to complete the classes. He did not have to serve any jail sentence. We regret that we were not engaged in the first instance, as it appeared to us that the original disposition was not fair.

27-YEAR-OLD LOAN OFFICER who had, on her own, accepted a 2-year deferred sentence to a harassment charge involving her ex husband. She had been required to do a 36-week domestic violence class as a condition of her deferred sentence. She mistakenly attended an 8-week anger management class in another state. A warrant for her arrest had been issued by the El Paso County Court for failure to comply with her deferred sentence. She faced having a conviction enter and up to 6 months in jail. Our attorneys contacted the district attorneys office and explained the situation. Our client essentially took the original deal so she could leave the state and avoid further abuse by her ex-husband. The district attorneys office agreed to accept the 8-week class as sufficient to satisfy the deferred sentence and dismiss the case. Our client never had to return to the state of Colorado.