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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 privilege.
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:
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.
Your attorney will check in with one of the courtroom clerks who are at a counter outside the court room (resembling bank teller counter). The file is given to the DA. Then he will wait till your name is called. After your pretrial conference you go back to the clerk window, give back file, then, go into court room sit and wait.
Pre-trial's are held in the morning or afternoons of certain days of the week, depending on the judge. Ofter there are long waits in the court room and in the hallway. The conferences are held in small rooms next to the courtrooms. 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 if you were over .20, some jail time will be ordered if it is a second conviction; jail with work release on a third or more in the multiple offender program. Finally, it is often possible to get low BACs reduced deferred sentences. Refusals are often reduced to DWAI.
For more information see DUI in Colorado.
To contact me, please call at 303-332-3602.
P.S. Your first conference with me is free, and there is no further obligation.