If you’re going to attend a court hearing in the near future, it’s important to understand what types of crimes and charges the municipal courts in the Denver area handle. Let’s explore the crimes, classes, and charges associated with common court cases in the area.

Municipal Court Charges

Denver’s Municipal Court handles an array of cases, both criminal and civil. However, in this post, we’ll cover common criminal charges that the metro area municipal courts handle.

• Assault: An incident in which one person acts in a way that reasonably instills the fear of danger or harm in others
• Domestic Violence: Any sort of violent situation that takes place between two individuals who either were previously or are currently involved in an intimate relationship
• Trespassing: Situations in which an individual enters private property without authorization
• Criminal Mischief: Incidents in which one person knowingly and intentionally damages another person’s property
• Harassment: Unwanted contact, repeated communications, or discriminatory conduct based on race, ethnicity, religion, gender, sexual orientation, age, or disability
• Traffic Offenses: All minor traffic incidents that don’t involve serious injury or damage to property

Criminal Case Classes

The municipal court system also deals with criminal charges in various classes. These include misdemeanors, petty offenses, violations, and minor infractions. As such, Denver and other local municipal courts are equipped to handle a wide variety of legal proceedings.

Depending on the charge and its class, court cases can end in a number of ways. Cases can be dismissed, or the alleged party can be found “not guilty.” If a person is found guilty at trial, the judge can impose fines, community service, or jail time in some situations.

The state criminal system, which includes the Denver District Attorney, handles both state misdemeanor and felony charges. The municipal court system only handles city-level municipal offenses and traffic infractions.

What Do I Do if I Have a Court Hearing?

If you’re facing a criminal charge and you’ll be attending a hearing at Denver Municipal Court or any other municipal court, it’s a good idea to reach out to a municipal offenses attorney. Having legal representation throughout your case helps to ensure the best possible outcome for all parties involved. Municipal court lawyers have the experience required to navigate court cases, present facts, and work toward a satisfactory conclusion with the judge presiding over the case.

Reach out to Juba Law Office if you’re facing criminal charges in a metro area municipal court. By scheduling a consultation with one of our attorneys, you can receive adequate guidance regarding how to proceed. Plus, our team can help you throughout the legal process ahead so you can return to your everyday life as soon as possible.

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How Do I Defend Against an Arson Case?

Arson is defined as the deliberate act of setting fire to property. It is a criminal act and generally a felony. However, some state laws have different degrees of severity. In Colorado, arson is defined using degrees of offense. Additionally, some arson charges in Colorado are classified as misdemeanors. Punishment for arson varies based on the degree of criminal classification and the type and value of the property involved. Contact a Denver arson attorney right away to help you deal with arson charges and construct a defense.

Based on the Colorado Crime Classification Guide, arson and its subsequent degrees of offense are as follows:

• First-degree arson is a class 3 felony. It is defined as someone who uses fire or explosives to knowingly damage or destroy a building or occupied structure owned by someone else.
• Second-degree arson is a class 4 felony. It is defined as someone who uses fire or explosives to knowingly damage or destroy someone else’s unoccupied property valued at $100 or more.
• Third-degree arson is a class 4 felony. It is defined as someone who uses fire or explosives to damage any property to commit fraud intentionally and purposefully.
• Fourth-degree arson is a class 4 felony. It is defined as someone who knowingly or recklessly starts or maintains a fire or causes an explosion on any property that places another in danger or causes injury or death.

Arson has many other degrees and classifications throughout the Colorado Crime Classification Guide. While not all charges are considered felonies, arson in any form or application is a serious crime. Arson charges may result in severe penalties such as prison time, fines, and substantial restitution. Therefore, it is advisable to form a defense and obtain legal help when charged with or suspected of arson in Colorado.

Defending Arson Charges

Hire an Attorney

Hiring a defense attorney is the first step when charged with or suspected of arson. An experienced lawyer can help you build your defense and offer valuable advice throughout the process. When charged with or suspected of arson, you must remain actively involved in gathering evidence and establishing key defense factors.

Fire Investigator

A professional fire investigator can establish the cause of the fire and help determine if the fire was started due to arson. Insurance companies and law enforcement will conduct fire investigations. Therefore, it is imperative to hire your own investigator and compare it with the investigations completed by insurance companies or the state.

Show Lack of Motive & Establish an Alibi

Another critical factor when developing a defense against arson is proving a lack of motive and establishing an alibi. Insurance money is not always a strong motive in every arson case. Also, a provable, reliable alibi will strengthen an arson defense.

Be Able to Prove Who or What Started the Fire

Gathering evidence to prove who or what started the fire is crucial when defending against an arson charge. Witnesses and information discovered by the fire investigators can help establish an alternate theory and provide proof when determining who or what started a fire.

Denver Arson Attorney

Defending against an arson charge is a stressful and emotional process. Establishing a defense is time-sensitive, and it’s critical to begin immediately. If you are being accused of arson in Denver and need the help of arson defense lawyers, The Juba Law Office is here to help. Contact us today online or by calling 303.974.1080.

The post How to Defend Against an Arson Case? appeared first on The Juba Law Office PLLC.

Many people who find themselves in this situation wonder how law enforcement will collect evidence, what counts as evidence, and if their private data is safe from seizure.

If you’re involved in a Colorado case and an arson investigation is in progress, read on to learn more about your private data and whether it can be used as evidence in court.

Can Law Enforcement Access Search History?

In plenty of cases, law enforcement has used an accused person’s internet search history to help collect evidence and build a case.

The news has recently shed light on questionable tactics such as dragnet warrants and cell-site simulators. These methods are used to seize and examine the otherwise private data of individuals who are not suspected of criminal activity.

Some legal professionals have spoken out against these behaviors and debated whether these tactics violate constitutional rights. The public continues to struggle with whether law enforcement should be allowed to seize the internet search history of people who were not otherwise suspected of criminal activity.

If you’re involved in an arson investigation, it’s understandable that you’re concerned about how your search history may be used against you.

Cell-Site Simulators

Google has been fighting dragnet warrants to the best of its ability, but there are other methods law enforcement uses to obtain user data.

One method involves using cell-site simulators to collect evidence during arson investigations. This term defines a device that imitates cell towers and tricks cellular devices into connecting to it. Once connected, the owner of the simulator can collect and comb through the private information of those whom the device tracked.

In some situations, law enforcement collects data from individuals suspected or accused of a crime, but in other cases, officers collect and examine data that belongs to ANY individual in a given area. This type of warrant is called a geofence warrant and is being challenged all over the country.

Arson Investigation and Google

The question is a simple one: “Can law enforcement use Google search results to compile evidence in a criminal case?” To answer simply, yes. At least for the time being, law enforcement can and does use search engine data in arson investigations.

In fact, the Denver Police did just that in response to an arson case that occurred in 2020, and this questionable method of collecting evidence is still being debated in the public sphere.

Should you find yourself involved in an arson investigation, the most important step you can take in protecting yourself is seeking legal counsel.

Reach out to The Juba Law Office as soon as possible to book a consultation with one of our experienced attorneys. We will help you navigate your case and protect your rights to the fullest extent of our abilities.

The post Can Your Google Search Be a Part of the Arson Investigation? appeared first on The Juba Law Office PLLC.

#1- Different Levels of Drug Charges

If a drug charge is being handed down, there are two possibilities. The drug charge is a felony or a misdemeanor, and each charge type has sublevels. A Drug Misdemeanor could be either a DM1 or DM2, while Drug Felonies can be a DF1, DF2, DF3, or DF4.

For a first-time offender, knowing what to expect can be a challenge. In short, there are two possible outcomes that may become a reality after an arrest.

1. Being required to appear in court to review your charges
2. Having your charges dropped or your case dismissed

These levels can alter the results expected at the end of the case, from fines to jail time. Whether you’re a first-time offender of a misdemeanor offense or a first-time offender of a felony offense, it’s essential to seek legal aid.

#2- The Possible Outcomes

If you have to proceed with your case, you can either be found guilty or not guilty. A guilty verdict can result in community service, fines, probation, or incarceration.

#3- Challenges Following an Arrest

The difficulties don’t end once the case is over. If you have been arrested, there are a few challenges you may be surprised by when attempting to move forward with your life, especially if you’ve been found guilty. Difficulty finding employment and dealing with new insurance premiums or driving record issues are two common hardships that follow an arrest.

#4- DUI vs. DWAI

Many first-time offenders are unaware that driving while affected by alcohol or drugs can take the form of two different charges. DUI, or driving under the influence, is the charge given when an individual operates a vehicle with a BAC of 0.08% or higher. DWAI, or driving while ability impaired, is the charge presented when an individual uses a vehicle with a BAC that is less than 0.08% but greater than 0.05%.

#5- Seeking Legal Counsel 

If you have been arrested, it’s always in your best interest to seek legal counsel. Even if the charge seems easy to dispute or you’re sure you’re innocent. Legal aid can help you prepare for court and argue your case, especially if you’re a first-time offender and you’re new to the criminal justice system.

#6- Examining the Reports

Police reports and other documents are not always free from errors. If any reports are associated with your case, you will want to examine them closely. If you discover anything that doesn’t accurately reflect the incident, bring it to the attention of your legal representative.

Being charged with a crime is quite serious. Things can quickly go from bad to worse if you’re not represented appropriately. If you are arrested for the first time, reach out to a Colorado criminal defense attorney at Juba Law. One of our legal professionals will help you reach the best possible conclusion to your case.

The post 6 Things First-Time Offenders in Colorado Need to Know appeared first on The Juba Law Office PLLC.

What are the penalties for a DUI in Colorado?

Colorado DUI penalties vary depending on (a) how many previous convictions the driver has received and (b) the driver’s blood alcohol content (BAC).

For first-time offenders, a conviction for a DUI can include the following possible penalties:

• Five days to one year in jail
• Between 48 and 96 hours of community service
• $600 to $1,000 in fines (excluding court fees)
• Two years of probation
• A 9-month driver’s license revocation
• Alcohol or drug education classes

For second- or third-time offenders, the penalties are a bit more severe, including the following possible penalties:

• A minimum of ten consecutive days in jail (for a second offense) or sixty consecutive days in jail (for a third offense)
• Between $600 and $1,500 in fines (excluding court fees)
• 48 to 120 hours of community service

What happens when I get pulled over?

When an officer pulls you over, they may ask you to take a preliminary breath or field sobriety test. It is within your legal rights to decline this test, and we recommend doing so. Taking a field sobriety test is more likely to hurt than help your case in court and is just one factor an officer will use to determine probable cause for an arrest.

If you are arrested, Colorado’s “express consent” law applies. This law states that after you obtain your license and get behind the wheel, you automatically consent to take a breathalyzer or blood alcohol content (BAC) test if pulled over due to suspicion of the following:

• Driving under the influence in Colorado
• Driving with a blood alcohol content of .08% or more
• Driving while under the influence of drugs
• Driving while under the influence of marijuana
• Driving with impaired abilities

In the state of Colorado, these DUI chemical tests include blood tests and breath tests.

Should I take the blood test or the breath test?

Usually, the arresting officer is required to offer you a choice between a blood test or a breath test (with some notable exceptions). Unfortunately, there is no obvious choice between the two – each test offers a unique set of advantages and disadvantages.

The most important thing is to remain cooperative and polite towards the arresting officer. Your blood alcohol content is not the only factor that will be used as evidence in your case. Getting angry or combative can only hurt you.

What happens if I refuse a breath or blood test?

The consequences of a DUI arrest are severe, so should you refuse an evidentiary DUI chemical test? The answer is complicated. As explained above, Colorado’s driving laws include implied consent, so refusing a test will carry additional consequences.

The additional penalties for refusing a blood or breath test include:

• An automatic suspension of your Colorado Driver’s License, though reinstatement of driving privileges can be applied for after two months
• Designation as a PDD, or persistent drunk driver, regardless of whether or not you have any previous offenses
• A mandatory education program
• An ignition interlock device for one year after reinstatement
• Required SR-22 insurance

It is important to remember that if you do consent to a test, and you fail the test, this will be the strongest evidence the prosecution will be able to use against you in court. However, even if you do refuse a breathalyzer test, that doesn’t mean you’re automatically guilty. You can hire a Colorado DUI lawyer and challenge the charges in court. The success rate depends on the unique circumstances of the case. Most Denver criminal defense attorneys will use one of three defenses:

• Unlawful stop or arrest: This includes arguing that the officer pulled you over illegally, arrested you without probable cause, or required a breath or blood test without probable cause.
• No proof of intoxication: This defense is most successful if a person did not take a blood or breath test, or if the officer did not appropriately administer the test.
• No proof of driving: This can include a situation where the officer contacts you after the occupants of the vehicle had already exited.

If you are looking for a qualified attorney with experience handling DUI cases in Colorado, contact The Juba Law Office for a consultation.

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