Juvenile client was charged with harassment and Interference with Staff/Faculty. All counts dismissed and sealed by demonstrating that client’s actions were protected speech under the 1st Amendment.
If you have been arrested, charged, or told that police want to speak with you, the next steps matter. A criminal case can put your freedom, record, career, family, and reputation at risk.
Josh McDowell has handled criminal cases in Colorado Springs since 2004, first as a Deputy District Attorney and, since 2007, as a defense lawyer. He personally handles each case so he can give clients direct communication and careful preparation.
The McDowell Law Firm defends felony, misdemeanor, DUI, domestic violence, juvenile, traffic, and Colorado Springs Municipal Court cases.
The prosecution may already have police reports, body-camera video, witness statements, test results, photographs, phone data, or other evidence. That does not mean the evidence is complete or that the government’s interpretation is correct.
A defense lawyer can identify what must be preserved, examine whether police followed the law, test the reliability of witnesses and scientific evidence, and determine whether the prosecution can prove every element beyond a reasonable doubt.Â
Early work may also uncover video, messages, records, or witnesses that become harder to find with time. Josh begins by learning what happened from you. He then evaluates the charge, the evidence, possible defenses, collateral consequences, and the court process ahead. You receive a plan based on your facts, not a standard script.
Josh served as a Deputy District Attorney in Colorado Springs from 2004 through 2007. That experience helps him evaluate how prosecutors screen cases, use witnesses, approach negotiations, and prepare for trial.
Josh has handled thousands of criminal matters as a prosecutor and defense attorney. His work includes county, district, juvenile, traffic, and municipal cases, from lower-level offenses to serious felony trials.
The firm is intentionally small. Josh personally handles each case instead of passing the work through layers of staff or unfamiliar attorneys.
Josh has obtained acquittals and dismissals in DUI, assault, domestic violence, theft, and juvenile cases.
The office is in downtown Colorado Springs near the county, municipal, and federal courthouses. Consultations are available in person, by phone, or by Zoom.
A Colorado felony can expose a person to prison, probation, fines, restitution, and consequences that reach far beyond the sentence. The exact risks depend on the felony classification, the alleged conduct, prior record, sentencing rules, and whether the case carries a special designation or mandatory provision.
The firm handles felony matters involving allegations such as serious assault, menacing, robbery, burglary, theft, fraud, drug distribution, weapons offenses, vehicular offenses, and other serious charges.
Josh examines the prosecution’s theory, whether the evidence proves each element, whether a legal defense applies, and whether police obtained evidence lawfully.
A misdemeanor is not a minor problem simply because it is classified below a felony. Depending on the charge and record, a misdemeanor can lead to jail, probation, fines, treatment, protection orders, restitution, employment problems, and limits on professional or firearm rights.
The firm defends misdemeanor allegations including third-degree assault, harassment, theft, criminal mischief, trespass, disorderly conduct, false imprisonment, and other offenses in county and municipal courts.
A Colorado DUI case can involve two separate tracks: the criminal court case and an administrative driver’s license case. The evidence may include the reason for the traffic stop, driving observations, field sobriety testing, body-camera video, breath or blood testing, the testing timeline, and compliance with required procedures.
Deadlines can arrive quickly in DUI cases. In many express consent cases, a driver has seven days after receiving the notice of revocation to request a DMV hearing. The exact deadline and available options depend on how the notice was issued and the facts of the case.
Josh reviews both the court and license issues and looks for factual, legal, and scientific weaknesses in the evidence.
Under Colorado law, domestic violence is a designation based on the relationship and alleged purpose of the conduct.
It is not a separate criminal offense. The designation can apply to charges such as assault, harassment, criminal mischief, false imprisonment, menacing, or violation of a protection order.
Colorado law requires an arrest when an officer determines that there is probable cause to believe a domestic violence offense occurred. A court will also enter a mandatory protection order in a criminal case. These cases may affect contact with family members, access to a home, firearm possession, treatment requirements, and immigration status.
Our criminal defense lawyer reviews statements, recordings, photographs, medical evidence, prior communications, self-defense issues, motive, and credibility. He also helps clients understand and comply with the protection order while the case is pending.
Colorado assault law focuses on the alleged injury, mental state, surrounding circumstances, and, in some cases, the identity of the alleged victim or use of a weapon.
Menacing focuses on whether the accused knowingly placed or attempted to place another person in fear of imminent serious bodily injury.
Possible defense issues may include self-defense, defense of another person, accident, lack of the required mental state, identification, inconsistent accounts, and whether the prosecution can prove the claimed injury or use of a weapon.
Theft and property cases often turn on intent, ownership, authorization, value, identification, and the reliability of records or witness accounts. A financial disagreement, misunderstanding, or disputed right to property does not automatically prove criminal intent.
The firm defends theft, shoplifting, criminal mischief, burglary, trespass, fraud-related allegations, and other property offenses. Josh studies the documents, digital records, video, valuation evidence, and communications that may explain what occurred.
Juvenile court uses different terminology and procedures from adult criminal court.
A finding that a juvenile committed an offense is an adjudication, not an adult criminal conviction. Even so, the case can affect school, activities, family life, placement, and future opportunities.
The firm represents young people in cases involving assault, harassment, threats, theft, property damage, drugs, alcohol, and driving offenses.
Depending on the case, options may include dismissal, diversion, informal adjustment, deferred adjudication, or another resolution focused on accountability and rehabilitation. Eligibility is case-specific.
Colorado Springs Municipal Court handles alleged violations of city ordinances. County courts handle state traffic and misdemeanor charges. Even when an offense appears low-level, it may carry jail exposure, license points, insurance consequences, or a record.
The firm represents clients facing reckless driving, careless driving, driving under restraint, leaving the scene of an accident, harassment, assault, trespass, and other traffic or municipal allegations.
No single defense applies to every charge. The first task is to identify what the government must prove and compare that burden with the evidence it can legally use.
Our defense lawyer reviews why police contacted, detained, searched, or arrested you. If evidence resulted from an unlawful stop, search, interrogation, or identification procedure, the defense may ask the court to suppress it. Suppression depends on the facts and does not apply automatically.
Police reports are a starting point, not the final word. Body-camera footage, dispatch recordings, photographs, forensic results, medical records, digital data, and witness histories may support, contradict, or add context to the written account.
Many offenses require proof that a person acted intentionally, knowingly, recklessly, or with another defined mental state. The conduct alone may not establish what the person knew or intended.
Depending on the charge and evidence, the case may involve self-defense, defense of others, mistaken identity, accident, consent, lack of criminal intent, an unreliable accusation, failure to prove an element, or another defense recognized by Colorado law.
The best legal strategy must account for your goals. Employment, military service, immigration status, professional licensing, firearm rights, family contact, education, and driving privileges may affect how you evaluate a proposed resolution.
At an early appearance, the court addresses the charge, rights, counsel, bond, and any protection order or release condition. Some clients receive a summons and remain out of custody. Others appear after an arrest.
The defense obtains the prosecution’s evidence and conducts its own review. This stage may include gathering video, locating witnesses, consulting an expert, examining physical evidence, or obtaining records.
Legal motions may challenge evidence or ask the court to resolve an issue before trial. Negotiations can occur throughout the case, but whether an offer is acceptable depends on the evidence, legal risks, consequences, and your decisions.
The client decides whether to accept a negotiated resolution (plea deal) or proceed to trial after receiving legal advice. At trial, the prosecution carries the burden to prove guilt beyond a reasonable doubt.
Have questions about what happens next? Read our criminal defense guide for a clearer understanding of the process.
Juvenile client was charged with harassment and Interference with Staff/Faculty. All counts dismissed and sealed by demonstrating that client’s actions were protected speech under the 1st Amendment.
Jury found our client Not Guilty of theft. Charges were brought from the National Guard (GRAP) program investigation that was part of the “largest criminal investigation in the history of the Army’s Criminal Investigation Command”. Our client’s victory was featured on CBS’s 60 Minutes.
The first consultation is a chance to understand the charge, urgent deadlines, and the next decisions. Josh McDowell personally handles his cases and offers consultations by phone, Zoom, or in person at the firm’s downtown Colorado Springs office.
Call 719-227-0022 or request a free, confidential consultation.
You should at least speak with a criminal defense lawyer before entering a plea. A misdemeanor may carry jail, probation, fines, treatment, a protection order, or consequences for work, housing, immigration, professional licensing, firearm possession, or military service. A lawyer can assess risks that may not appear on the summons.
Yes, some cases are dismissed before trial. A dismissal may result from missing or unreliable evidence, a successful legal motion, a witness issue, further investigation, negotiation, or another problem with the prosecution’s case. No lawyer can promise dismissal, and the available path depends on the facts.
Felonies generally carry greater potential punishment and more serious long-term consequences. Misdemeanors can still carry jail and significant collateral effects. The offense classification, prior record, special sentencing rules, and specific facts determine the actual exposure.
Most criminal cases resolve without a jury trial, but every case should be evaluated as if trial remains possible. Whether to accept an offer or proceed to trial is the client’s decision after reviewing the evidence, defenses, risks, and consequences with counsel.
Fees depend on the charge, complexity, expected court proceedings, and whether the case proceeds to trial. The McDowell Law Firm discusses the fee before representation begins and offers flat fees in many criminal matters. Payment arrangements may be available. The initial consultation is free.
Yes. A lawyer may be able to communicate with investigators, help you avoid an unprotected interview, preserve favorable evidence, and prepare for possible charges. Pre-filing representation does not guarantee that charges will be avoided.
State misdemeanor and traffic cases from El Paso County are generally heard in El Paso County Court. Felony cases are heard in District Court. Alleged violations of Colorado Springs ordinances are heard in Colorado Springs Municipal Court. Juvenile matters follow the juvenile court process. The summons, bond paperwork, or charging document should identify the court.
