Denver County Colorado DUI Pre-Trial Conferences
Are You Facing A DUI Charge And You Don't Know What To Do?
We're Attorneys Jim Forslund and Gary Pareja, and we help people just like you who have been arrested for DUI. In fact,
almost all of legal work we do concerns DUI.
Let us give you some advice about your case.
It is not a good idea to go to Court alone. Any thing you say to the
District Attorney or the Court can be used against you.
On the other hand, If you have an
attorney, the Court and the DA cannot talk to you without your attorney
present. In addition, anything your attorney says cannot be used against you.
And anything you tell your attorney is protected by the attorney client
privelige.
If you have an attorney and you are not under bond, your first experience with
the justice system is the pretrial conference.
The goals of the pre-trial conference are the same in all of the
metropolitan county courts, but there are differences in the way they are
conducted.
In this first stage the first goal is to determine if the case can be settled
without a trial and on what terms. A second goal is to determine what
steps should be taken if the matter is set for trial.
Here are matters that are taken into consideration in all jurisdictions,
by the prosecutor when making a plea bargain offer:
- Prior alcohol offenses, including MIP.
- Overall driving record.
- The reason you were stopped.
- Any accident involved, injury.
- How high your BAC was or if you refused.
- Your interaction with the police officers.
- If your attorney can show proof problems.
But there are also different policies in the various District Attorney's offices
that apply to DUI cases.
These are the important things that you need to know.
There are 4 county courts in the city and county of Denver that handle DUI cases. These courts
have the most crowded dockets in the entire metropolitan area. If you do not arrive at court
early, it is not unusual to have to stand throughout most of the proceedings. There are usually
two deputy district attorneys that conduct the pre-trials. They usually have had their case
(police report) reviewed before hand and make a notation as to what they are willing to offer
for a plea bargain. Denver will
offer very little in the way of a plea bargain if the defendant refuses a blood or breath test or has
low BAC .
Pre-trial's are always held in the morning of every day of the week. There are
long waits in the court room. It usually pays to be early. The conferences are held in open court. Your attorney
will discuss the case with the prosecutor out of your presence.
Pleas are not entered until the pre-trial conference. If you enter a not guilty plea,
the trial must be held within six months.
If you enter a guilty plea to an alcohol offense, you will be referred to
an alcohol evaluation and public service. The fine is due at this time if
you do not have priors and were not over .20. Payments can be arranged on the fine.
Otherwise the judge may have you come back to
court after the evaluation.
In-home detention plus limited jail is usually ordered if you have a
second or were over .20; jail with work release on a third, straight time on a fourth or
higher.
For more information see DUI in Colorado.
To contact us, please call at 303-332-3602.
P.S. Your first conference with me is free, and there is no further obligation.
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