The Complaint
A complaint is a legal document
alleging that you violated a criminal statute. It must state your name,
a brief description of the offense charged, a statutory citation of the
offense, including the date and approximate location of the offense
charged.You should consult an attorney to determine the validity of the
complaint filed against you.
The Summons
The
summons requires you to appear in court to answer the complaint. It
requires you to appear in court on a date and time certain to answer
the charges contained in the complaint. If a summons is not valid, a
good attorney will usually seek to have the case dismissed without
prejudice. You should consult an attorney to determine the validity of
your summons.
Arraignment
A county court
arraignment is the date that the judge or magistrate must advise you of
your rights as a person accused of a crime. Often, at an arraignment,
your attorney may wish to speak with the prosecuting attorney about a
plea bargain.
Pre-Trial Conference
After
you enter a not guilty plea, a pretrial conference is a date that you
or your attorney may wish to speak with the prosecuting attorney about
a plea bargain. If no plea bargain is reached at the pretrial
conference, defense attorneys, prosecutors and judges will often
discuss and set dates for motions to be filed and heard, rules for
trial and the date of the trial.
Plea Bargain
A
plea bargain is a deal where the prosecutor offers you a lesser charge
or a sentence concession in exchange for you waiving your
Constitutional rights, including your right to trial. When you enter a
guilty plea, you are giving evidence against yourself. Giving evidence
against yourself is something you never have to do in America. The
United States Constitution protects all of us from being compelled to
give evidence against ourselves. Therefore, if you are going to enter
into a plea bargain and give evidence against yourself, make sure that
your plea is in your best legal interest. A good attorney will do this
for you.
Right to a "Speedy Trial"
Unless
you waive your right to a speedy trial, you have a right to a trial
within six (6) months of your "not guilty" plea. There are very few
exceptions to this Constitutional right and our Colorado Supreme Court
jealously guards this right for all of us. In other words, if your case
is not brought to trial within six (6) months of your "not guilty"
plea, the Constitution, the rules of criminal proceedure and Colorado
Statute require that the judge dismiss all charges.
Motions Hearing
Among
other things, a motions hearing is a date when you can contest the
admissibility of the prosecution's evidence. Evidence can be excluded
from a trial if it was obtained in violation of the Constitution, if it
was not properly disclosed to you prior to the trial or if it is
scientifically unreliable. A good defense attorney will always seek to
limit the admissibility of illegal or unreliable evidence.
Trial
Any
person accused of a DUI or any other crime is entitled to a trial,
either to a judge or a jury of his/her peers. Remember, you are
presumed innocent. You do not have to prove your innocence. Our
Constitution places the burden of proof on the prosecutor to prove your
guilt. You never have to prove your innocence. You do not have to call
witnesses or testify.
My Rights as an Accused
Every person accused of a crime is presumed innocent and has a right to:
A public trial, either to a judge or a jury
An attorney and right to a court-appointed attorney if you cannot afford one
Remain silent
Cross examine your accusers
Testify if you want to
To compel witnesses to testify on your behalf
The right to appeal a conviction to a higher court
Should I enter into a plea bargain?
If
it is in your interest, a good defense attorney will try to reach a
plea bargain. In a plea bargain, you waive your Constitutional rights,
including your right to a trial. You should enter into a plea bargain
only after you understand all of your defenses, after you have
discussed the matter thoroughly with your attorney and only after you
determine that it is in your legal interest. A good attorney will make
sure that a plea bargain is in your interest. If it is not, they will
take your case to trial. Prosecutors want you to waive your rights. It
may not be in your interest to plea bargain your case. It is often in
your interest to go to trial. Remember, the prosecutor is not your
attorney. Prosecutors represent the government, not you. Getting your
legal advice from a prosecutor is like O.J. Simpson getting his legal
advice from Marcia Clark. Don't do it. You should consult a defense
attorney to determine whether it is in your interest to enter into a
plea bargain or if you should pursue your Constitutional rights and to
contest the State's evidence and/or go to trial.
If you are
convicted of three (3) major traffic violations within a seven (7) year
period, you will lose your license for five (5) years as a habitual
traffic offender. If you are revoked as a habitual traffic offender and
you drive, knowing that you are a habitual traffic offender, you can be
convicted of driving after judgment prohibited.
Driving after
judgment prohibited is a class One misdemeanor. The penalties for
driving after judgment prohibited includes six (6) to eighteen (18)
months in jail and a fine from between $500 and $5,000.
If you
know you are a habitual traffic offender and you drive anyway, and you
drive under the influence or ability impaired at the time you drove
after judgment prohibited, youmay be charged with a Class 6 Felony. The
penalties for aggravated driving after judgment prohibited include
felony probation, jail as a condition of felony probation or simply
prison and parole. If the judge refuses probation, the judge must
sentence you to the Department of Corrections. This means prison. The
judge will double the sentence up to three (3) years if she finds
aggravating circumstances. There is no guarantee that the judge will
grant probation. Remember the three (3) years in prison is in addition
to the penalties associated with any other underlying traffic offense.
Therefore, you could get three (3) years in prison for driving after
judgment prohibited and one (1) consecutive year in jail for driving
under the influence.
Legal Definition:
You drove a vehicle while you were under the influence of alcohol or drugs to such a degree that you
were substantially incapable of safely operating a vehicle with safety to yourself and to the public.
First Offense
For
a first time DUI conviction, a judge must impose from between five (5)
days to one (1) year in jail. When your blood alcohol content is below
0.170 grams of alcohol, the law permits the judge to suspend all or
part of the sentence on condition that you complete and pay for a level
I or level II alcohol education program and the corresponding therapy
as recommended by the Court ordered alcohol/drug evaluation. You must
also attend a court-designated victim impact panel. Even if your blood
alcohol content is below 0.170 grams of alcohol, there is no guarantee
that the judge will suspend the entire jail sentence. Some don't.
The
judge must also impose from between forty-eight (48) and niney-six (96)
hours of useful public service and from between $300 and $1,000 in
fines. The judge must impose fines as well as court costs. Court costs
usually amount to $500.
Twelve (12) points will be assessed to
your driving record. Regardless of your age or your class of license,
you will lose your license for one year on a points suspension. If you
are twenty-one (21) or over, you can petition for a restricted "red"
license which requires no interlock device being placed on your
vehicle. If you are under twenty-one years old, your license will be
revoked (independent of points) for one (1) year. This one (1) year
revocation is mandatory even if this is your only traffic violation in
your entire life. This revocation does not permit any kind of
restricted driving.
A DUI constitutes a habitual strike against
your driving record. After three (3) major traffic violations within
seven (7) years, the Department of Motor Vehicles must revoke your
license for five (5) years.
If your blood alcohol content exceeds
0.170 grams of alcohol, the judge cannot suspend your entire sentence.
Instead, the judge can suspend all but ten (10) days in jail. In other
words, the judge must sentence you to a minimum of ten (10) days in
jail, even if this is your first offense in a lifetime. It does not
matter if you are a single parent. It does not matter if jail will get
you fired from your job. The ten (10) days is mandatory even if this is
the first crime you ever committed in your entire life.
You should seek a good attorney who can reduce the potential penalties in your case.
Second Offense
For
a DUI conviction with a previous DUI conviction at any time in your
lifetime, a judge must impose from between ninety (90) days to one (1)
year in jail. Regardless of your blood alcohol content, the law permits
the judge to suspend all but ten (10) days in jail (which is the
minimum) on condition that you complete and pay for a level II alcohol
education program and the corresponding therapy as recommended by the
Court ordered alcohol/drug evaluation. You must also attend a
court-designated victim impact panel. Ten (10) days in jail is the
absolute minimum. It does not matter if your prior DUI conviction was
twenty (20) years ago. There is no guarantee that the judge will impose
the ten (10) day minimum. Most don't.
Obviously, the judge can
impose more than ten (10) days in jail. The ten (10) days in jail is
the minimum. The jail is mandatory. It does not matter if you are a
single parent. It does not matter if you will get fired from your job.
The judge must impose a minimum of ten (10) days in jail even if this
is the first crime you have ever committed in your entire life since
your last DUI.
The judge must also impose from between sixty (60)
and one hundred and twenty (120) hours useful public service and from
between $500 and $1,500 in fines.The fines are in addition to court
costs. Court costs usually amount to $500.
Twelve (12) points
will be assessed to your driving record. Regardless of your age or your
class of license, you will lose your license for one (1) year on a
points suspension. If your prior DUI conviction is outside five (5)
years of your previous DUI conviction, you may be able to petition for
a restricted "red" license which requires no interlock device being
placed on your vehicle. If your prior DUI conviction is within five (5)
years of your previous DUI conviction, you will face a one (1) year
revocation of your driving privilege. There is no lawful driving during
this one (1) year revocation. Furthermore, you cannot reinstate your
license until you drive one (1) additional year with an interlock
device installed in your car. Again, the law permits no restricted
driving during this first year even if your license revocation costs
you your job, your career, your marriage, etc.
Finally, a second
DUI constitutes a second habitual strike against your driving record.
After three (3) major traffic violations within seven (7) years, the
Department of Motor Vehicles must revoke your license for five (5)
years.
You should seek a good attorney who can reduce the
potential penalties in your case and retain your driving privileges.
DUI with a prior DWAI For a DUI conviction with a previous DWAI
conviction at any time in your lifetime, a judge must impose from
between seventy (70) days to one (1) year in jail. When your blood
alcohol content is below 0.170 grams of alcohol, the law permits the
judge to suspend all but seven (7) days in jail (which is the minimum)
on condition that you complete and pay for a level II alcohol education
program and the corresponding therapy as recommended by the Court
ordered alcohol/drug evaluation. You must also attend a
court-designated victim impact panel. The seven (7) days in jail is the
absolute minimum. It does not matter if your prior DWAI conviction was
twenty (20) years ago. There is no guarantee that the judge will impose
the seven (7) day minimum. Most don't.
The judge must also impose
from between fifty-six (56) and one hundred and twelve (112) hours of
useful public service and from between $500 and $1,500 in fines. These
are in addition to court costs which usually exceed $450.
Twelve
(12) points will be assessed to your driving record. If your DUI
conviction is outside five (5) years of your previous DWAI conviction,
you will not face a one (1) year revocation of your driver's license.
The law, however, will subject you to a one (1) year points suspension
of your license. Therefore, you can petition for a restricted "red"
license which requires no interlock device being placed on your
vehicle. If your DUI conviction is within five (5) years of your
previous DWAI conviction, you will face a one (1) year revocation of
your driving privilege. There is no lawful driving during this
revocation. You cannot even get a license with an interlock device.
Again, the law permits no restricted driving even if your license
revocation costs you your job, your career, your marriage, etc.
A
DUI conviction constitutes a second habitual strike against your
driving record. After three (3) major traffic violations within seven
(7) years, the Department of Motor Vehicles must revoke your license
for five (5) years.
If your blood alcohol content exceeds 0.170
grams of alcohol, the judge cannot suspend all but the minimum seven
(7) days. Instead, the minimum is again ten (10) days. In other words,
the judge must sentence you to a minimum of ten (10) days in jail, even
if this DUI conviction is 20 years after your previous DWAI. Obviously,
the judge can impose more than ten (10) days in jail. The ten (10) days
in jail is the minimum. The jail is mandatory. It does not matter if
you are a single parent. It does not matter if you will get fired from
your job. The judge must impose a minimum of ten (10) days in jail even
if this is the first crime you have ever committed in your entire life
since your previous DWAI.
