Criminal Defense Attorneys
Timeline of a Criminal Case
Oftentimes, it can be in your best interest to hire an attorney prior to arrest or directly after.
Probable Cause to Arrest
A police officer must have probable cause to arrest someone in Denver or throughout Colorado. Probable cause is when a prudent person would believe an individual has committed a crime or that evidence of criminal activity will be found. This is also the standard required to get a search warrant in Colorado.
Reasonable Suspicion to Stop
Probable cause requires more proof than reasonable suspicion, which is required to briefly detain an individual. Reasonable suspicion is based on the officer’s relevant training and experience with whether they reasonably believe criminal activity is afoot. These two standards are much lower than what is required to find someone guilty of a crime.
Proof Beyond a Reasonable Doubt
Just because you may have been arrested does not mean you are guilty. To find someone guilty, there must be proof beyond a reasonable doubt as defined in the Colorado Jury Instructions: "[It is] a doubt based upon reason and common sense which arises from a fair and rational consideration of all the evidence, or the lack of evidence, in the case..."
Booking/Processing
After you have been arrested, you may be taken to jail or given a summons to appear in court. If taken to jail, you will be booked and processed. This may involve being searched, giving your information, getting fingerprinted, and getting a mug shot.
Bail/Bond
After you have been processed, you may be able to get released on bail. The court will look at a number of factors in determining the amount of bail, such as ties and risk to the community, employment, finances, and severity of the crime. If you are not given a Personal Recognizance bond, which is a bond secured simply by your personal obligation to show up for court without posting any money, you may need to post some money.
1st Appearance
Once released, you will be given your first court appearance, generally the advisement of rights and arraignment. If given a summons, you will be given this court date and must appear before a prosecutor. A dedicated attorney can help you through this process, guarantee your rights are not violated, and ensure you do not say or do anything that can hurt your case. Additionally, if arrested, we will do everything in our power to get you released on bail.
Our Philosophy
Our criminal defense attorneys will hit the ground running. Oftentimes, it can be in your best interest to hire an attorney prior to arrest or directly after. That way, while the police are investigating, our lawyers can do our own investigation. This can head-off a criminal charge altogether or it can provide invaluable evidence we can use in preparing your criminal defense.
"I really believe they have their clients' best interest in mind." Hear from Satisfied Clients
Heidi Wells
2020
Trish Wilkerson, a family law paralegal, at the dadvocates, is caring, knowledgeable, and professional. I strongly recommend this firm for any of your family law needs.
View on GooglePeter Shaw
Denver, CO
2023
The lawyers are passionate about ensuring fathers maintain meaningful relationships with their children. I'm grateful for their legal expertise and commitment to fairness in child support negotiations. I couldn't have asked for better representation.
View on GoogleKnow Your Rights
What Are Your Miranda Rights?
“You have the right to remain silent…Anything you say can and will be used against you in a court of law…You have the right to speak with an attorney and have him be present while you are being questioned…If you cannot afford an attorney, one will be appointed to represent you.”
When Must They Be Read? These rights must be given if...
- You are in custody; AND
- You are not free to leave, or
- Your freedom of action is being denied in a significant way
- The police are conducting a “custodial” interrogation
- When an officer asks questions likely to produce incriminating responses
Our clients often say, “Well, they never read me my rights!” Then our lawyers ask them if they made any statements and they say, “No.” These rights MUST be given ONLY IF you are under arrest and subject to an interrogation (make a statement) by a prosecutor or other party. If no statements were ever made, the fact that the warnings are not given is moot.
Invoking your Right to Remain Silent
The easiest way to invoke your right is to say, “I want to speak with a lawyer.” DON’T be ambiguous. DON’T say, “Maybe I should speak with a lawyer.” This is not enough to invoke your right. After you have invoked your right to remain silent, ALL questioning MUST stop. If you reinitiate the conversation or the questioning, the officers can try again.
Schedule a Consultation with Our Criminal Defense Attorneys
At The Dadvocates in Colorado, our criminal defense attorneys fight to win. Our attorneys are highly recommended by peers and clients alike and have been recognized by prestigious legal organizations, including:
- Avvo
- Super Lawyers
- The National Academy of Family Law Attorneys
Our criminal defense attorneys are always available and can handle your entire criminal defense case remotely. Request a consultation online today or call our lawyers at:
(720) 749-2876
Some of the practice areas the criminal defense attorneys at our Colorado law firm handle include...
Domestic Violence
Charges of domestic violence make up a large portion of criminal law and revolve around several definitions:
An act or threatened act of violence upon a person with whom you are or have been involved in an intimate relationship
An intimate relationship is a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time
Domestic violence can also refer to threats if used to coerce, control, punish, intimidate, or act as revenge against a person with whom you are or have been involved in an intimate relationship with in the past
"Helpful, Caring & Hard-Working" We Truly Care for Our Clients
Terri Pennel
2020
Samera was amazing! Knowledgeable, honest & thorough. She answered all my questions & even advised on the next steps to take.
View On GooglePeter Shaw
Denver, CO
2023
The lawyers are passionate about ensuring fathers maintain meaningful relationships with their children. I'm grateful for their legal expertise and commitment to fairness in child support negotiations. I couldn't have asked for better representation.
View on GoogleDUI/DWAI
DUIs and DWAIs are generally misdemeanors in Colorado, which can lead to jail time, probation, useful public service, a fine, and possibly revocation of your driver's license. A DUI is 12 points assessed against your driving privilege, which will result in a revocation of your license. A DWAI is 8 points assessed against your driving privilege. The penalties can increase depending on how high your Blood Alcohol Content (BAC) registers or the number of prior alcohol-related driving offenses you have.
DUI is when you drive and you:
- Have consumed alcohol, drugs, or both
- Were substantially incapable of safely operating the vehicle as a result
DWAI is when you drive and you:
- Have consumed alcohol, drugs, or both
- Were impaired, even to the slightest degree, in your ability to safely operate a vehicle
All Other Traffic Offenses
In Denver and throughout the state, drivers can be subject to several penalties:
If an adult (over 21) accumulates 12 points in a 12-month period or 18 points in a 24-month period, their license will be suspended
If a minor (18-20) accumulates nine points in a 12-month period, 12 points in a 24-month period, or 14 points or more between the ages of 18 and 21, their license will be suspended
If a minor (under 18) accumulates six points in a 12-month period or seven points prior to turning 18 years old, their license will be suspended
Choose a Team That Fights to Win
If you are in need of a lawyer who focuses on complex criminal matters, our Colorado team can provide you with personal and compassionate yet aggressive legal representation. We are dedicated solely to family and criminal law and protecting our clients’ best interests. Contact our firm online or call us at:
(720) 749-2876
Drug Crimes
In Colorado, there are specific sentencing guidelines for all drug-related crimes. These penalties range anywhere from a small fine to multiple years in prison and/or a large fine. Our criminal defense lawyers will work tirelessly to diminish or eradicate your charges.
The level of the crime depends on the type of drug, whether it was possessed or being sold, and the quantity of drugs.
| Level | Presumptive Range | Aggravated Range | Mandatory Parole |
| DM2 | 0-18 mos | - | - |
| DM1 | 6-18 mos | - | - |
| DF4 | 6 mos-1 yr | 1-2 yrs | 1 yr |
| DF3 | 2-4 yrs | 4-6 yrs | 1 yr |
| DF2 | 4-8 yrs | 8-16 yrs | 2 yrs |
| DF1 | 8-32 yrs | - | 3 yrs |
5-Star Reviews of Our Firm Recommended "Enthusiastically and without Reservation"
John Carter
2019
Samera Habib is a consummate professional who takes her responsibilities personally and handles her affairs diligently and with integrity. Always very responsive and incredibly polite, her demeanor and optimism make interacting with her delightful. She is very well prepared for meetings, highly organized and very creative. I recommend Samera Habib enthusiastically and without reservation.
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Uzair Ibrahim
2018
I found myself in a very though situation and needed legal advise and help right away. Samera and her team started working for my time sensitive case right away! I have to say after my first meet, my mind was at ease, they took care of the entire case and kept me informed throughout the ebtire process. I'm glad II mad the call, Samera is a life saver and would highly highly recommend her.
View On GoogleTheft
Theft means you knowingly obtain, retain, or exercise control over anything of value of another person without authorization to do so. The level of the crime depends on the value of the item(s) stolen. Penalties for theft range anywhere from a small fine to multiple years in prison and/or a large fine.
| Price of Stolen Items(s) | Level | Presumptive Range |
| <$50 | PO1 | Up to 6 mos |
| $50 to < $300 | M3 | Up to 6 mos |
| $300 to < $750 | M2 | 3-12 mos |
| $750 to < $2,000 | M1 | 6-18 mos |
| $2,000 to < $5,000 | F6 | 1 yr-18 mos |
| $5,000 to < $20,000 | F5 | 1-3 yrs |
| $20,000 to < $100,000 | F4 | 2-6 yrs |
| $100,000 to < $1,000,000 | F3 | 4-12 yrs |
| $1,000,000 or more | F2 | 8-24 yrs |
Assault
Assault is defined as knowingly or recklessly causing bodily injury to another. Penalties for assault range anywhere from six months in jail up to multiple years in prison but several criminal defense strategies may apply. Examples for these types of crimes include:
- Intentionally causing serious bodily injury to any person by means of a deadly weapon
- Intentionally disfiguring another person seriously and permanently, or destroy, amputate, or disable permanently a member or organ of their body
- Causing serious bodily injury to someone after knowingly creating a grave risk of death
- Intentionally causing bodily injury to any person by means of a deadly weapon while intending to injure someone, cause serious bodily injury
- Knowingly or recklessly causing bodily injury to another person
- Negligently causing bodily injury to another person by means of a deadly weapon
Committed to Fathers' Rights Protect What Matters Most
Our lawyers know firsthand that an absent father figure can have devastating and lifelong effects. Being involved in a criminal case can impact your ability to be the integral part of your children's lives that we know you want to be.
If you or someone you know has been accused of any crime, please contact our criminal defense lawyers for a consultation. You can request to meet with us using our online form or call our Colorado criminal defense firm at:
(720) 749-2876
Homicide/Murder
If you have been charged with homicide or murder, there are many tactics our criminal defense lawyers can use that may be applicable to your case. Charges can include:
1st Degree Murder is when:
- After deliberation and with the intent to cause the death of another, you cause their death
2nd Degree Murder is when:
- You knowingly cause the death of a person
Vehicular Homicide is when:
- You operate or drive a motor vehicle in a reckless manner OR under the influence of drugs or alcohol, and such conduct is the proximate cause of the death of another
Manslaughter is when:
- You recklessly cause the death of another person; OR
- You intentionally cause or aid another person to commit suicide.
Negligent Homicide
- Any person who causes the death of another person by conduct amounting to criminal negligence
Penalties for these crimes range anywhere from one year up to life in prison.
Robbery/Aggravated Robbery
Robbery is when:
You knowingly take anything of value from the person another by the use of force, threats, or intimidation
Aggravated Robbery is when:
During the act of robbery or immediate flight therefrom:
(a) You are armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; OR
(b) You knowingly wound or strike the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly put the person robbed or any other person in reasonable fear of death or bodily injury; OR
(c) You have present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; OR
(d) You possess any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
Penalties for these crimes range anywhere up to 32 years in prison.
Burglary
Our criminal defense lawyers can help in several types of burglary cases. Penalties for these crimes range anywhere from one to 48 years in prison, depending on the level of the crime.
1st Degree Burglary
You knowingly enter or remain unlawfully on another person’s property AND you or another participant in the crime assaults or menaces any person, you or another participant is armed with explosives, or you or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.
2nd Degree Burglary
You knowingly break an entrance into, enter unlawfully in, or remain unlawfully with the intent to commit therein a crime against another person or property.
3rd Degree Burglary
With the intent to commit a crime, enter or break into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin-operated.
Have You Been Falsely Accused of a Crime?
An unfortunate number of our clients are simply facing unfounded charges or suffer unfair treatment from prosecutors. Whether you are charged with domestic abuse, assault, or another crime, we can help to clear your name and restore your rights. Don't waste any time overcoming your criminal case. Contact our Colorado criminal law firm today online or call the office at:
(720) 749-2876
White-Collar Crimes
Embezzlement
You steal or misappropriate property entrusted to you (similar to theft)
Forgery
You make or use falsified documents or instruments with an intent to defraud. There are several documents enumerated under §18-5-102 CRS, which constitute forgery if falsified
Bribery
(a) You offer, confer, or agree to confer any pecuniary benefit to a public servant with the intent to influence their vote, opinion, judgment, exercise of discretion, or other action in their official capacity; OR
(b) While a public servant, you solicit, accept, or agree to accept any pecuniary benefit upon an agreement or understanding that your vote, opinion, judgment, exercise of discretion, or other action as a public servant will be influenced
Money Laundering
You act in a way to hide the origin of money or attempt to elude the government’s ability to trace the money
"A High Return on Investment Law Firm" More 5-Star Reviews
Roshanda Gavin
2021
After years of fighting for visitation rights, my brother was not only awarded those rights but joint legal custody as well. Samara and her team are very knowledgeable, persistent, and professional. If you need legal representation that will fight for you and get the job done this team is who I recommend. You won’t be disappointed. Our family is forever grateful for all the hard work and dedication from this firm. Thanks again and many blessings upon your family for bridging the gap in ours.
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Jessica LaRusso
2020
Don’t waste your time looking for anyone else. Kaitlyn is a powerhouse. She’s brilliant and fights for her clients like a bulldog. It doesn’t matter how large or small the case, she gives everything she has as if she’s defending her own family and that comes across clearly to anyone in the room. Im telling you, if you choose Dadvocates you’ll look back and say that was the best decision you could’ve made for yourself.
View On GoogleSex Crimes
Sexual Assault (Rape) is when you:
- Knowingly inflict sexual intrusion or sexual penetration on a victim if:
(a) You cause submission of the victim by means of sufficient consequence reasonably calculated to cause submission against their will; OR
(b) You know they are incapable of appraising the nature of their conduct; OR
(c) You know they submit erroneously, believing you to be their spouse; OR
(d) At the time the act, they are less than 15 and you are at least 4 years older than them; OR
(e) At the time of the act, they are at least 15, but less than 17 and you are at least 10 years older than them; OR
(f) They are physically helpless, you know they are, and they have not consented
Unlawful Sexual Contact is when:
(1) You knowingly subject a victim to any sexual contact if:
(a) You know they do not consent; OR
(b) You know they are incapable of appraising the nature of their conduct; OR
(c) They are physically helpless and you know they are physically helpless and they have not consented; OR
(d) You have substantially impaired their power to appraise or control their conduct by employing, without their consent, any drug, intoxicant, or other means for the purpose of causing submission.
Weapons Charges
Carrying a Concealed Weapon (CCW) is when you (with some exceptions):
- Carry a knife or firearm concealed on your person, OR
- Bring a firearm or explosive device into a place where government business is being conducted
The penalties for CCW vary depending on the number of priors you have.
Illegal Discharge of a Firearm is when you:
- Knowingly or recklessly discharge a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person
Possession of a Loaded Firearm in a Motor Vehicle is when you:
- Possess or have under your control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded
Generally, in Colorado, you can possess an unloaded gun in a vehicle, unless the gun has been classified as a dangerous weapon under §18-12-102, which include machine guns, short rifles, and short shotguns.
Possession of a Weapon by a Previous Offender (POWPO) is when:
- A felon knowingly possesses, uses or carries a firearm or other weapon; this applies to those with:
- A felony, attempted felony, conspiracy to commit a felony, OR
- A juvenile act that would constitute one of the above if committed by an adult.
There can be many defenses to these weapons charges. If you or someone you know has been accused of any crime, please contact us for a consultation.
Probation/Probation Violations
Probation is an alternative sentencing option to jail or prison, although some charges have mandatory jail or prison terms. It can be supervised or unsupervised. If you violated the terms of your probation, you may be arrested and held until your revocation hearing. At this hearing, one of our attorneys can argue to have you placed back on probation or given some alternative sentence.
Conditions of probation vary depending on the case. Standard conditions include some or all of the following:
- Regular reporting to your probation officer
- No new criminal charges or activity
- No alcohol or drugs
- No owning or possessing guns
- Random drug screens
- Treatment or counseling
- A suspended sentence
- In-home detention
- Electronic monitoring
- Restitution
- Costs and fines
"An Absolute Pleasure to Work With" We Exceed Clients' Expectations
Julia Tedesco
July 17, 20XX
Kaitlyn Write is a fantastic lawyer and an absolute pleasure to work with. She is diligent, detail oriented, and exceptionally respectful. I recommend her highly.
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Anwar Zuraigat
July 17, 20XX
Samera is absolutely great, her attention to details and follow up is fantastic. Samera is caring and smart, and when she helps us, she is always on top of it. I recommend her over any other lawyer.
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