Facing criminal charges can turn your life upside down. Whether you’ve been charged with a DUI, assault, theft, or another criminal offense in Colorado Springs, understanding your rights and the legal process is essential as you navigate the Colorado criminal justice system.
This Defense Attorney’s guide will provide an overview of some of the basics about criminal defense in Colorado Springs, from the moment you’re charged.
Key Takeaways
Before you can effectively navigate the criminal justice system, it’s essential to understand the type of charges you’re facing. In Colorado, criminal offenses are classified into two main categories: felonies and misdemeanors.
Note: There are also traffic and petty offense cases. Some traffic charges will be written as traffic misdemeanors (reckless driving, careless driving). Some driving cases can be charged as felonies, such as Vehicular assault/homicide or a fourth of greater DUI.
Misdemeanors are less serious offenses that typically carry penalties of up to 18 months (extraordinary risk M1) or 364 days (M1) in county jail and fines up to $5,000.
These charges are divided into two classes in Colorado. Class 1 misdemeanors are the most serious and include offenses like third-degree assault and child abuse or criminal mischief (both can be an M1 or M2). Class 2 misdemeanors and petty offenses carry progressively lighter penalties but can still result in jail time and a permanent criminal record.
Felonies are more serious crimes than misdemeanors that can result in state prison sentences ranging from one year to life, depending on the class of felony. Colorado categorizes felonies into six classes, with Class 1 being the most severe (including crimes like first-degree murder) and Class 6 being the least severe felony classification.
Even a Class 6 felony conviction can result in 12 to 18 months in prison and seriously impact your employment prospects, housing options, and civil rights.
The difference between a felony and a misdemeanor is significant and can affect your life for years to come. A felony conviction can strip you of certain rights, including possessing firearms, and may disqualify you from certain professional licenses.
That’s one of the reasons having an experienced criminal defense lawyer in Colorado Springs who understands these distinctions is critical to protecting your future.
El Paso County Courts see a wide range of criminal charges. Understanding the most common offenses can help you better understand what you’re facing and why criminal defense representation matters.
DUI and DWAI charges are frequently prosecuted in Colorado Springs. A DUI (Driving Under the Influence) charge occurs when a driver’s blood alcohol content reaches 0.08% or greater, while a DWAI (Driving While Ability Impaired) can be charged at just 0.05% BAC, or impaired to the slightest degree.
Even a first-time DUI can result in jail time, substantial fines, license suspension, and mandatory alcohol education programs.
If you’re facing drunk driving charges, you should consult with an attorney who specializes in DUI defense is essential to understanding your options, which may include challenging the traffic stop, questioning the accuracy of breathalyzer or blood tests, or negotiating reduced charges.
Assault charges in Colorado Springs range from third-degree assault (a M1 misdemeanor) to first-degree assault (a Class 3 felony). The severity depends on factors like whether a weapon was used, the extent of injuries, and whether the victim was a protected class of person such as a police officer or healthcare worker.
A common term in assault cases is “SBI” which stands for serious bodily injury. If SBI is involved, the case will be charged as a felony assault. We handle all levels and types of assault charges. These charges often arise from situations involving heated arguments, domestic disputes, or bar/street fights where facts are often in dispute.
Domestic violence allegations add a mandatory protection order component to charges like assault, harassment, or criminal mischief when they occur between intimate partners. DV is not the charge; it is a tag, or aggravator, added to the charge.
In many cases, the alleged victim wants to drop charges, but prosecutors in Colorado Springs can and do proceed with the case. These charges can carry serious consequences, including mandatory domestic violence treatment, loss of firearm rights, and potential immigration consequences for non-citizens.
Theft charges are the most common property crime we handle. Theft can mean shoplifting, organized retail crime, or white-collar crimes like embezzlement. The value of the stolen property determines whether you face a petty offense, misdemeanor, or felony charge.
Related: Theft vs Shoplifting: What’s the Difference
Colorado Springs prosecutors take theft charges seriously and depending on the value of the theft and your criminal history, can result in severe consequences.
Each of these charges requires a uniquely tailored defense strategy, which is why choosing a defense attorney with specific knowledge and experience in your type of case can make a big difference.
The actions you take in the hours and days following an arrest can significantly impact the outcome of your case. Remember your rights, and be careful about saying or doing something that could have a big impact on your case in court.
When in doubt, shut your mouth. This is maybe the single most important thing to remember. Anything you say to police officers, whether at the scene of your arrest or during questioning, can and will be used against you in court. Many people believe they can “explain their way out” of an arrest.
Others think that by cooperating fully, the police will show leniency. Truthfully, even seemingly innocent statements can be twisted or taken out of context, and these statements can become a central part of the prosecution’s case. Politely tell officers that you wish to speak with an attorney before answering any questions.
If police ask to search your vehicle, home, or person without a warrant, you have the right to refuse. While officers may search in certain circumstances if they have probable cause, your refusal preserves important legal challenges your defense lawyer can raise later.
Never physically resist a search, but clearly state that you do not consent. The fruits of the search and voluntariness of the search may be very important in court.
As soon as possible after your release, write down every detail you can remember about the incident and your arrest. Include the names/numbers of any witnesses, the exact location and time of events, what officers said to you, and any injuries or damage you observed.
In my experience, memories can fade quickly, and these details can become essential evidence in building your defense.
Do not talk or post about your charges. Don’t post on social media, discuss with friends, or with family members beyond the most basic information. Prosecutors routinely scour social media for evidence, and subpoenas may be issued for people you’ve made statements to.
When I was a district attorney, I had several cases where 15 minutes online turned up enough photo evidence to convict a defendant.
The only person you should discuss the details of your case with is your attorney, as those conversations are protected by attorney-client privilege.
Time is critical in criminal cases. Evidence can disappear, court appearances, and important filing deadlines approach quickly. The sooner you have legal representation, the sooner your attorney can begin working on your case, and preparing your defense strategy.
Do not give Law enforcement evidence that they can use against you. You know the best way to do that? Stop talking. Do Not answer questions. Invoke your right to counsel. There is a reason Miranda Rights exist. Invoke them!
Finding the right defense attorney is similar to picking a doctor. You want someone who specializes in your “condition”, has handled this type of case many times, and preferably has a good bedside manner. I wouldn’t want to be a surgeon’s first knee operation. Similarly, with an attorney, experience matters.
There are lots of excellent attorneys in most big cities, so your search can start online or with a referral. Two points to start your search: Find someone local and find someone experienced in your type of case.
Here are some tips on what to look for when seeking your best defense in Colorado Springs:
An attorney who consistently practices in El Paso County courts will have established relationships, understand local court procedures, and be familiar with how specific judges tend to rule on common motions.
This local knowledge provides important strategic advantages that out-of-town attorneys simply cannot match. When evaluating potential lawyers, ask specifically about their experience in Colorado Springs courts and with your type of criminal charge.
Law, like medicine, is very broad. You wouldn’t hire a podiatrist to do your brain surgery. Criminal law is broad, and attorneys often develop particular expertise in specific areas.
If you’re facing DUI charges, you want a lawyer who has handled hundreds of DUI cases and stays current on the latest defense strategies, legal updates, breathalyzer technology, and field sobriety test procedures. Similarly, domestic violence cases require certain strategies to give you the best chance to beat your case.
Criminal defense is not “one size fits all,” it is case-specific, and results can hinge on a variety of factors that your attorney should be ready to encounter.
While many cases resolve through plea negotiations, you need an attorney who is fully prepared to take your case to trial if necessary.
Prosecutors are more likely to offer favorable plea deals when they know your attorney has the skills and willingness to win at trial. Ask potential lawyers about their trial experience and success rate with cases similar to yours.
Your attorney should be responsive to your questions and keep you informed about developments in your case. During your initial consultation, pay attention to whether the lawyer listens carefully to your concerns, explains complex legal issues in understandable terms, and treats you with respect.
You’ll be working closely with this person during one of the most stressful times of your life, so finding someone you trust and can communicate with comfortably will improve your experience.
Research online reviews, check their standing with the Colorado Bar Association, and consider references from past clients. Further, an attorney’s reputation in the legal community can also impact how your case is perceived and negotiated. It can also be a good guide as to how your case may proceed.
Understanding what to expect as your case moves through the El Paso County court system can reduce anxiety and help you make informed decisions.
Many of my clients admit that they are nervous about court. This is normal. Hopefully, you feel more confident with an experience attorney by your side. Court is daunting, but there more you know the less intimidating it can be.
Here’s an overview of the typical criminal defense process in Colorado Springs:
At your initial hearing, the judge will inform you of the charges against you, explain your rights, and address bond (if you’re in-custody). Your attorney can argue for a lower bond amount or for release on your own recognizance.
Having legal representation at this early stage can mean the difference between remaining in custody or returning home while your case is pending. If you are on a summons (traffic and most misdemeanors), you will have a court date on your ticket.
At that first court date, you will meet with a DA and discuss a plea bargain for your charges.
In some high-level felony cases, you have the right to a preliminary hearing where the prosecution must demonstrate probable cause that you committed the crime.
Preliminary Hearing Eligible:
Your defense attorney can cross-examine witnesses and challenge the evidence. Sometimes, charges can be reduced or dismissed at this stage if the prosecution’s case is weak.
This is where your defense lawyer obtains all the evidence the prosecution plans to use against you, including police reports, witness statements, video footage, and forensic evidence.
Your attorney will also conduct their own investigation, interviewing witnesses, visiting the scene, consulting with expert witnesses, and looking for evidence that supports your defense.
Your attorney may file motions to suppress evidence that was obtained illegally, dismiss charges that lack sufficient evidence, or address other legal issues that could affect the outcome of your case.
Success with these motions can sometimes result in charges being reduced or dismissed entirely before trial.
The majority of criminal cases in Colorado Springs are resolved through pre-trial resolutions rather than trials. Your attorney will negotiate with prosecutors to secure the best possible outcome, whether that means reduced charges, dismissed charges, or a favorable plea.
However, the Defendant will always have the final say on whether to accept a plea offer or proceed to trial.
If your case goes to trial, your attorney will present your defense, cross-examine prosecution witnesses, and argue for your acquittal.
In Colorado, you have the right to a jury trial for any charge that could result in jail time. You can discuss with your attorney whether a bench trial (a judge, not a jury, decides your case) provides you a better chance at success in your case.
If convicted, either through plea agreement or trial, the judge will impose a sentence on your case.
Your attorney can present mitigating evidence and argue for a minimum/reduced sentence, alternative sentencing options like probation, or participation in diversion programs when available.
As your criminal case progresses, having an experienced criminal defense attorney advocating for your rights, can protect you from costly mistakes in your case.
The Constitution provides important protections for individuals accused of crimes, and understanding these rights helps you make informed decisions throughout your case.
There are fundamental rights in a criminal case. The Constitution guarantees that all individuals are afforded due process when facing criminal charges.
The Fifth Amendment protects you from self-incrimination. You cannot be forced to testify against yourself or answer questions that might be used as evidence against you.
The Sixth Amendment guarantees your right to legal representation. If you cannot afford an attorney, one will be appointed to you.
However, hiring your own private defense lawyer often provides more personalized attention and resources for your defense. Many public defenders are great attorneys, but you don’t get to pick your P.D., they are assigned to you.
You have the right to have your case resolved within a reasonable timeframe. Speedy trial means the charges must be brought to trial within six months from the entry of a not-guilty plea.
This means you have the right to cross-examine witnesses who testify against you. This right prevents the use of hearsay evidence and allows your attorney to challenge the credibility and accuracy of prosecution witnesses.
The Fourth Amendment protects you from unlawful searches of your person, vehicle, or home. Evidence obtained in violation of this right may be suppressed and cannot be used against you.
You are presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof rests entirely on the prosecution; you have no obligation to prove your innocence.
Understanding these rights is the first step, but exercising them effectively requires skilled legal representation to protect them.
When you first meet with criminal defense attorneys in Colorado Springs, asking the right questions can help you identify the best lawyer, and the right fit, for your criminal case. Here are some questions to ask during your consultation:
Have they handled cases like yours? Do they have the necessary experience to handle the various challenges that arise throughout a case like yours? You don’t want to be the first DUI case they handle.
Defense attorneys can outline potential defense strategies based on the specific facts of your case. (Note: to fully prepare your defense, they will need the complete discovery in your case)
While no attorney can guarantee results, experienced lawyers can give you realistic assessments of best-case, worst-case, and most likely scenarios based on their experience.
Understanding the cost structure upfront prevents surprises later. Ask about flat fees versus hourly rates, what’s included, and what additional costs might arise.
However, this isn’t the only question you should be asking. It is certainly important, but with such a big decision in your life, you should hire the lawyer that you feels gives you the best chance at success.
Some firms have junior attorneys handle most of the work while the senior partner only appears at critical hearings, or maybe only does the intake. It is essential that you know who will be representing you in court and negotiating with the DA.
Ask about trial experience on your type of case: win/loss record, and comfort level taking cases to trial.
Clarify how often you’ll receive updates, how quickly the attorney returns calls or emails, and who you should contact with questions.
Criminal defense is a collaborative process. Your attorney needs your input, memory and experience to prepare your case. Not only to know your goals/what factors are important to you, but also to prepare your best defense.
Criminal defense in Colorado Springs has unique characteristics shaped by local law enforcement practices, court procedures, and community factors:
El Paso County includes Colorado Springs Police Department, El Paso County Sheriff’s Office, and several smaller municipal police departments including Manitou Springs and Fountain.
Each has different policies and procedures, and cases may be filed in different courts depending on where the alleged offense occurred. An experienced local defense attorney understands these jurisdictional nuances.
With multiple military installations including Fort Carson, Peterson Space Force Base, and the Air Force Academy, many cases involve service members or their families.
These cases may have additional complications involving military law, security clearances, and potential administrative actions separate from civilian criminal charges. Your defense strategy must account for how charges can affect your military career, gun rights, and security clearances.
Colorado Springs attracts millions of visitors annually to Pikes Peak, Garden of the Gods, and other attractions. This creates a significant number of cases involving out-of-state defendants who may not understand Colorado law or local court procedures.
If you’re not a resident, choosing an attorney who can navigate these complications is especially important.
El Paso County offers various diversion and alternative sentencing programs that may be available depending on your charges and criminal history.
These include deferred judgment agreements, Diversion, drug court, veterans treatment court, and mental health court. A defense lawyer familiar with these local programs can help you access alternatives to traditional prosecution when appropriate.
Colorado Springs prosecutors have emphasized certain types of cases in recent years, including domestic violence, DUI, and drug offenses. Understanding current prosecution priorities and how they affect charging and plea negotiation decisions requires local knowledge that only comes from regular practice in these courts.
Although they may not call them “guidelines” the DA’s office has offers that they make based on the charges, criminal history, and other aggravating/mitigating factors.
Take Action to Protect Your Future
If you’re facing criminal charges in Colorado Springs, the longer you wait to obtain legal representation can put your future at risk. The criminal justice system moves quickly, and critical opportunities to build your defense, preserve evidence, or negotiate favorable outcomes can be lost if you wait too long to seek help. Don’t make early mistakes that will cost you later in the case.
Whether you’re dealing with a DUI, assault, theft, domestic violence, or any other criminal charge in El Paso County, having an experienced defense attorney on your side levels the playing field against prosecutors who handle these cases every day. Your attorney becomes your advocate, investigator, negotiator, and defender in the courtroom.
At McDowell Law Firm, we understand that being charged with a crime is frightening and overwhelming. Our approach combines aggressive defense advocacy with compassionate client service, ensuring you understand your options every step of the way.
With extensive experience defending clients throughout Colorado Springs and El Paso County, we know how to build effective defenses that protect your rights, your freedom, and your future.
Don’t face criminal charges alone. Contact us today for a confidential consultation to discuss your case and learn how we can help you achieve the best possible outcome. Your future is worth fighting for, and time isn’t on your side.
