If you’re presumed innocent until proven guilty, how can they throw you in jail until you post bail, even before you’ve gone to trial? The bail system was set up to ensure defendants show up for their court hearings. One study found that people miss court hearings 17%...
Criminal Defense Process
FAQ: What Is a Victim’s Rights Attorney?
In my earlier blog post, I wrote about what a criminal defense attorney does. So what might the opposite of that be? Meaning, if I represent people who are charged with crimes, who represents the victims? While it’s not a true legal term, what people are looking for...
FAQ: What Does a Criminal Defense Attorney Do?
As a criminal defense attorney, sometimes I get requests from prospective clients who seem a bit confused about what kind of law I practice. For example, I’ll occasionally get calls from people who say something like: “I was sexually assaulted. Can you help me go...
FAQ: How Do I Know if I’m Being Charged With a Crime?
Sometimes I get phone calls from people who contact me because they’re afraid they’re in trouble with the law, and if I ask them “Are you facing criminal charges?” they answer “I’m not sure.” While it might sound ridiculous to even ask the question, it is worth...
What Happens in My Office Stays… With One Exception
When a client meets with me, I want them to "tell me where the bodies are buried." Tell me everything – good, bad, and embarrassing – because I need that to develop your best defense. In nearly all cases, our conversations cannot be revealed to others – your family,...
Video Hearings Are Rare Gain for the Defense
When you’re accused of a crime, you face expenses and time away from work and family even before your case has been resolved. The court system typically doesn’t care. But the pandemic showed us that the legal process does not have to completely disrupt your life....
FAQ: How Does Self-Defense Work in Criminal Cases?
Sometimes, in criminal cases, you'll hear of defendants claiming self-defense as the reason they took a particular action. Sometimes, courts will rule that those actions, even if they were violent, or ended in the death of another person, were acceptable since they...
FAQ: What Is the Difference Between Assault and Menacing?
Two similar charges that are often confused with each other are CRS 18-3-204 Third-Degree Assault and CRS 18-3-206 Menacing. While the situations surrounding these crimes are often identical, the actual charges are based on two very different sets of events occurring....
FAQ: If I Get Arrested, Do I Get One Free Phone Call From Jail?
One of the more common assumptions people make about criminal law (probably due to watching too many Hollywood movies) is: "if I get arrested, don't I get one free phone call from jail?" This is a complicated issue: it's interesting because there used to be an...
FAQ: If I Get Arrested, Should I Delete My Social Media Accounts?
If you've been arrested or have criminal charges, you should absolutely get off of all social media. Make no statements to anybody about anything; you've got to just clam up and not say anything online. (Side note: if you're being charged with sex offenses, the rules...
FAQ: What Is Expungement And Court Records Sealing?
First of all, records expungement and records sealing are exactly the same things. "Expunged" and "sealed" are terms that can be used interchangeably. Second, what having your records expunged or sealed means is that they won't show up during a background check and...
FAQ: Can Non-Citizens in America Post Bail?
The concept of bail bonds is relatively straightforward, but there are some nuances you might not expect. For example, something that might shock you is that people living in America who are not American citizens can post bail, BUT... there's bad news for them,...
FAQ: What Is Mitigation In Criminal Defense Cases?
Mitigation is an often misunderstood topic because, in general, clients are focused on trying to get out of hot water but don't know how, or they're completely focused on whether they actually "did it" or "didn't do it." Or even if they did commit a crime, they're...
CRS 18.18.403.5 – Unlawful Possession Explained
Anybody who is facing a possession with a controlled substance charge has been caught allegedly holding illegal drugs. Depending on what schedule it is, whether it's a schedule II or schedule IV, you are going to have a different charge, but it also depends on how...
FAQ: How Do Bail Bonds Work In Criminal Cases?
Interestingly, a lot of attorneys don't know the bail bonding process, and it's only through trial and error that we learn how it works. But basically, here's how bail bonds work and how a criminal defense attorney like me gets involved in the process. First of all,...

