Colorado Springs Criminal Attorney Blog

In 2000, Colorado passed Amendment 20. Amendment 20 changed the Colorado Constitution affording Colorado Citizens access to medical marijuana (MMJ). Not much happened in the first eight years from the passage of the Amendment, but when the Obama administration took office and changed the DEA's policies regarding federal marijuana law enforcement a new industry was born.

This blog is not about the burgeoning Colorado Springs Medical Marijuana business. It isn't even about Colorado Springs Driving Under the Influence of Drugs (DUID) charges arising out of MMJ use (that's a much longer blog). It is about the unintended consequences of obtaining a medical marijuana card, being able to legally possess MMJ in Colorado, and the risks you take when you leave the State of Colorado--especially in a vehicle. You should call a Colorado Springs Medical Marijuana lawyer or DUI lawyer to assess those risks before they become problems.

Geography lesson--the State immediately to the west of Colorado is Utah. Utah is not commonly known for its tolerance of intoxicants, legal or otherwise. In fact, Utah has even passed a DUI law that essentially allows the State of Utah to convict a driver of DUI even if the driver isn't impaired and there isn't any active drug metabolite in the driver's blood system! This law is called "Driving with a measurable controlled substance/non-impaired DUI."

Geography lesson #2. The closest IKEA to Colorado is in Utah (until the Denver IKEA opens).

So what happens when a completely sober and stylish Colorado resident who holds a MMJ card and drives a stylish car with Colorado plates drives to Utah to get some stylish, yet inexpensive, Scandinavian furniture from IKEA and gets stopped for speeding? That's right, he gets a DUI that potentially revokes his driver's license in Colorado for an offense that doesn't even exist in Colorado!

Moral of the story: make sure you know the consequences of traveling with your MMJ card, or even admitting you use MMJ, outside of the State of Colorado.

Although our legal system may be slow and frustrating at times, I believe it is the best in the world. Our founders had the foresight to set up a system that provides the rights to notice, to due process of law, to be free from unwarranted searches and seizures, to remain silent, and the right to be free from cruel and unusual punishment. Those rights, among others, arose because the founders knew that unless the power of the State could be checked, the State would engage in abuses. Explicit in the Bill of Rights and implicit in those rights themselves, is the right to representation--so that if you find yourself in the State's cross-hairs, someone who knows the law can ensure that your rights aren't trampled upon. That's Civics 101, right?

Apparently, Martin Beeson--who is the elected DA of Colorado's 9th Judicial District (and until recently was running for United States Congress)--missed that class. The Aspen Daily News reported last week that when Beeson was making his budget pitch to the Pitkin County Commissioners he got a little testy about his office having to prosecute cases defended by the public defender:

Asked about the public defender's budget after his Aspen meeting on Tuesday, Beeson criticized the office for abusing the 6th Amendment right to a defense counsel by needlessly frustrating the DA's efforts and using legal loopholes to suppress incriminating evidence against their clients.

"Public defenders are not defenders of the public," Beeson said. "They are not serving the public good. They are taxpayer-funded attorneys for criminals."

You can read the full article here.

Listen, I know sometimes defense attorneys get a bad name, and Public Defenders even more so. Sometimes, the guilty do go free so that an innocent isn't convicted. And, as a former prosecutor, I know how hard it can be to obtain a conviction. I also know that it should be hard to obtain a conviction because the State is impacting the rights and very freedom of the accused.

Mr. Beeson, I'm sorry if someone stands up to you. I'm sorry if you are frustrated by defense attorneys, judges, and the Constitution. But, if no one watches those in power, if no one is able to question those would have us named "criminals", if no one is able to test the proof that the State claims is evidence or the methods the State uses to obtain that evidence, then we are no better than a tyranny.

Mr. Beeson, the right to reprsentation isn't a "loophole". The Constitution demands it!

And, from the "I told you what would happen, but you didn't listen, and now you need some (more) help" files . . .

When I have a new Colorado Springs DUI client, one of the first things I counsel him to do is to enroll in a Level II Alcohol Education course (two that I really like are here and here) and at least twenty-four hours of community service through Front Range Community Service BEFORE we ever go to court. Why, may you ask?

From my perspective as a counselor-at-law, the education class could certainly help identify if the client has a substance abuse problem and could lead the client to finding help, which is a good reason just in itself.

From my perspective as a trial attorney, there are two other more mundane and practical reasons.

Those reasons are premised on the law: Colorado DUI law mandates that you must go to jail on DUI case unless you take alcohol education classes and complete community service. Although it happens, it is rare that a DUI case is dismissed outright. That means if you are charged with a DUI, the community service and classes are coming your way.

Why, then, should a client do the classes and the useful public service BEFORE he even goes to court? First, it just looks good. Just by doing those two simple things before a judge sentences a client, the client has separated him from 75% of the other people who are in the same situation. It makes the client appear more trustworthy and deserving of leniency. That's a huge benefit.

More important for me, though, is that if a client does the classes and public service BEFORE he goes to court, it is two less things to get screwed up later on. If the judge has the proof the client has done the stuff, there is no chance it gets misfiled, lost . . . or, more likely, forgotten or "blown off". Which brings me back to the impetus of the blog.

I had a client call me today in a panic because she got a letter from the court asking her to show cause why her probation should not be revoked. That's a fancy way of saying the judge wants to know if she's done what she was ordered to do over a year ago. When I asked before she was sentenced if she had done the classes and hours like I had advised her, her response was: "I've just been too busy lately. Don't worry, I'll get it done." When I asked this morning if she would fax me her proof so I could get it to the court, there was silence for a moment and then: "I haven't done it. I was so busy and then I just forgot."

It happens (more often than it should), and usually we can get the problem "fixed" before it gets out of control. And by out of control, I mean the judge could re-sentence the client to incarceration for up to one-year on a DUI probation violation. And while more often than not we do resolve the problem, it requires more effort, stress, and (of course) legal fees.

So, remember, "an ounce of prevention is worth pound of cure!"

One of the questions potential clients sometimes ask me is: "Are you a good attorney?". I always answer the same way: "Well, I'd hire me!" and chuckle a little as I go on to explain that a better question to ask would be "Why should I hire you, instead of someone else?"

Why then, should a client chose one attorney over another? I'll let you in on a secret: while we lawyers do have an advanced degree and have demonstrated at least enough intelligence to pass the Colorado Attorney bar exam, being "rocket scientist" smart is not a prerequisite. We do have some technical knowledge that non-lawyers don't have, but it takes a lot more than that to make one lawyer better for you and your case than another. So here, in no particular order, are four points to consider when hiring a Colorado Springs Criminal Defense attorney:

1. Comfort and communication. You must feel comfortable when talking with your lawyer. Your lawyer is going to guide you through one of the hardest and most stressful times in your life and being able to communicate about what is going on is paramount. When I meet a prospective client, I block out at least an hour (and usually more for a Colorado Springs DUI case) just to chat with the client about "where" she is: her family life, her life's stress, her job, her financial status, her physical and emotional well-being, and--finally--the facts that led her to call me in the first place. I want my clients to feel comfortable and informed and in the initial consultation (the "getting to know you" session) I will encourage the potential client to meet with other attorneys just to make sure they find the one that is the best fit for them.

2. Experience. I would think this would go without saying, but when I was a supervisor at the DA's office, I once watched an attorney I was supervising try his first serious felony case against an El Paso County Criminal Defense Attorney that was so green she didn't know that if her client was convicted he was looking at a mandatory minimum five years prison! While everyone has to start somewhere, that start shouldn't be on your serious criminal case. Make sure the Colorado Springs Criminal Defense Attorney you are thinking of hiring has handled similar cases to yours before you enter the attorney/client relationship.

Continue reading "Finding the Best Colorado Springs Criminal or DUI Attorney (for you!)" »

One of the least gratifying aspects of my Colorado Springs and El Paso County DUI practice is appearing at the Department of Motor Vehicles. As I am fond of saying, "It's a drag, I'd rather hit my head on the wall than go to DMV." Facing the facts, more often than not, a driver charged with a DUI will lose his or her license through the DMV. So why go in the first place?

A little background information first . . .

When you are charged with Driving Under the Influence in Colorado and your blood or breath alcohol content is .08 or greater, or if you refused a chemical test, there are two separate and independent actions taken against you--one at the court house and one at the Department of Motor Vehicles (or DMV). That DMV action determines whether your driver's privilege will be revoked--the MINIMUM revocation for an adult on a first offense is now NINE MONTHS. To get your license back after one of these revocations, or to apply for early reinstatement, you have to comply with some fairly onerous requirements including IGNITION INTERLOCK--a breath test device on your car.

At the hearing, the case the police must prove boils down to four basic elements:

1. Do the police have a legitimate reason under the Constitution to contact or stop you? This is called reasonable articulable suspicion.

2. Do the police develop enough facts to show that you were under the influence or impaired by alcohol while you were driving? This is called probable cause. For DMV purposes, this is generally just three indicators of alcohol impairment, for example: "blood shot and watery eyes, slurred speech, and an odor of alcohol."

3. Do the police properly advise you of your obligations and rights regarding chemical testing, or the ramifications of refusing a chemical test? This is called express consent.

4. Finally, was there a valid chemical test above a .08 that was collected within two hours of the time of driving or was there a refusal to take a test?

Continue reading "Colorado DUI Driver's License Revocation" »

Hello and welcome to the Geoff Heim, Attorney, LLC, Blog!!

My new Colorado Springs DUI and criminal defense lawyer website will go live in about two weeks and I'm excited about the new ways that I can deliver information to my clients and prospective clients. I will use this blog to keep you informed of changes in the law, court and DMV procedures. From time to time, I will also comment on public cases and legal developments.

For instance, DUI laws changed significantly on July 1, 2010. Did you know that after July 1st, multiple offenders (two or more priors) must serve a minimum of 60 days jail? And that jail can't even be work-release unless the offender has already started a treatment program! Different judges are not implementing these new changes uniformly, so it is really important to hire an experienced Colorado Springs DUI lawyer that knows the Court system to help you navigate though your case.

I recognize that being charged with any crime, even the most minor traffic infraction or petty offense, can be a frightening and frustrating experience. A serious felony charge can be a life-changing event. My hope for this blog is to take some of the "mystery" out of the court process and provide at least a little bit of knowledge as clients and prospective clients work through their cases.

Continue reading "Welcome to the Geoff Heim, Attorney, LLC Blog!" »