In the state of Colorado, an allegation of Domestic Violence, under the criminal code, "piggybacks" on a separate charged offense -- a charge such as Harassment, Third Degree Assault, or Criminal Mischief. Those three are very common underlying charges in Domestic Violence cases. However, practically any offense in the Colorado criminal code can be coupled with a charge of Domestic Violence -- anything from a petty offense to a serious felony -- so long as the people involved are or were domestic partners.
Domestic Violence in Colorado is referred to as a "sentence enhancer." Someone found to be guilty of Domestic Violence is court ordered to complete a lengthy Domestic Violence program. The requirement to complete that program is added to whatever sentence is imposed on the Harassment, Assault, Criminal Mischief, or other underlying charge. Again, it's useful to think of the Domestic Violence charge as a "piggyback" on some other allegation; that's true of the sentence as well as the charge itself.
Knowing how the law works is essential in using it to one's advantage. The way the Domestic Violence law is designed, no person can be guilty of Domestic Violence unless the underlying offense is proven first, and proven beyond a reasonable doubt. This is where experience counts. Analyzing and defending the underlying charge is often the key to a Domestic Violence case. The first step to a successful defense of Domestic Violence charges is a complete review and a critical examination of all the charges and all the facts. Daniel E. Quinn is a knowledgeable attorney with decades of experience in exactly this type of case.
Felony charges in Colorado fall into six basic categories, from Class 6 charges up to the highest level, Class 1 felony offenses. Regardless the level of offense charged, being the subject of a felony prosecution is at that moment the single most important thing in your life. If not properly handled, a felony charge becomes a life-altering event with many negative aspects. But, a felony charge does not have to be, and should not become, the defining moment in your life.
Regardless the level and nature of the felony allegation you are facing, Daniel E. Quinn has seen and defended those same charges in the past -- professionally, intelligently, and successfully. Any person facing a felony charge needs legal counsel with a complete knowledge of the criminal law, an ability to find and understand the facts of the case, the experience to plan and explain the most appropriate path to success, and the talents to argue and present persuasively in a court of law. Defending a felony charge is a process of assessing, and then addressing, the realities of the situation. By working hard, being smart, and working together, we can and will make a world of difference in the outcome of your felony case.
Misdemeanor & Petty Offenses
All misdemeanor charges are serious matters in a number of ways. The possibility of a jail sentence seems to be on everyone's worry list. Indeed, some Colorado misdemeanor convictions carry a possible jail sentence of up to two years. Even a petty offense in Colorado can result in a six month jail sentence. Maximum penalties like that are, thankfully, not the norm in most misdemeanor prosecutions. Of course, any incarceration, no matter the length, is a legitimate concern of persons facing misdemeanor charges in County or Municipal Court. And, there are a number of other common concerns that prompt an individual to contact an experienced criminal law attorney when they are facing misdemeanor charges.
People unaccustomed to the judicial system often find the court process bewildering and seek the advice and representation of counsel for largely that reason. Another person facing misdemeanor charges may be primarily concerned with minimizing the extent and nature of police and court records that stem from their arrest or citation. And, of course, everyone facing criminal charges simply wants the best possible result to come out of the court process.
DUI & Traffic Offenses
With little-to-no effort, anyone can find mounds of advice and information regarding DUI laws, their enforcement, and defense. Much of what is said and written is unhelpful and, frequently, just plain wrong. One can scroll web pages devoted to the topic ad infinitum; the media is quick to report on new DUI laws or court cases related to drinking and driving; friends and acquaintances have heard, read, or experienced something they think you should base your decisions on. The problem with it all is that even when the advice is well-intentioned and plausible, it is very difficult to discern how it may relate to your particular situation.
The laws concerning DUI and related driver's license consequences are complex, and almost constantly changing. Colorado, for instance, has recently enacted a Felony Driving Under the Influence statute. The facts of each case are unique. An appropriate defense for each case must be developed based on what law is applicable, and what facts are alleged and provable.
There are a multitude of traffic offenses listed in the Model Traffic Code of Colorado. Any traffic offense, especially those deemed to be a "major traffic offense" under Colorado law, can cause a driver's license revocation or other licensing issues, insurance concerns, and, certainly, court consequences if the matter is not properly handled. "Major" traffic offenses under Colorado law include Reckless Driving, Failing to Report an Accident, DUI/DWAI, and all versions of Driving Under License Restraint. Some of these offenses carry significant minimum mandatory jail sentences, if proven. Anyone charged with a serious traffic offense should consider securing legal representation. The Quinn Law Office is here to help.
In Colorado, a major revision of the controlled substance laws went into effect in the last few years. This long overdue, forward-thinking statutory revision emphasizes drug education and treatment, and de-emphasizes long-term incarceration. However, it would be a mistake not to realize that Colorado drug laws continue to provide for very significant consequences, even prison terms, for controlled substance convictions. Drug Felony convictions can carry penalties up to thirty-two years; Drug Misdemeanors carry up to eighteen months incarceration.
The defense of drug cases often starts with an analysis of the 4th Amendment search & seizure issues -- or, frequently, issues related to the propriety of a police interrogation. Evidence against an accused is not admissible in court if it was obtained in violation of the Constitution of the United States, or the Colorado Constitution. A thorough review of all case discovery must be undertaken to search for any Constitutional impropriety in the collection of evidence. If within the facts of the case there's a suppression issue, Quinn Law Office will find it and take every advantage of it throughout the negotiation process and pretrial litigation.
Many cases are resolved favorably, without lengthy litigation, by utilization of drug addiction treatment where appropriate and under court supervision. The Quinn Law Office supports the use of specialized Drug Courts and court ordered treatment programs to sensibly address substance abuse by persons accused of criminal offenses. This is a rational approach to the serious issue of drug addiction, which provides assistance to the individual and also significantly benefits the community at large.
Established in 1999, Daniel Quinn Law Office focuses on defending the rights of the criminally accused.