Denver Criminal Defense Lawyer

Facing criminal charges can be a daunting experience, especially in Denver, where the legal system can be complex and unforgiving. Whether you’re accused of a misdemeanor or a felony, having the right legal representation is crucial to safeguarding your rights and future. At DeChant Law, our Denver criminal defense lawyer understands the challenges you’re facing and are committed to providing comprehensive and effective defense strategies tailored to your unique situation.

Reid has experience as both a public defender and in private practice. He handled cases as a public defender in Denver, Broomfield, and Adams County where he defended traffic offenses, DUI/DWAI, thefts, sexual assaults, homicides, and everything in between. Throughout his experience as a public defender, he recognized that most clients come to him at the lowest point in their life. Not only do these clients need help in the courtroom, but they need someone who cares about their story and fights for what is best for them in their situation. At Trial Lawyers College, Reid learned the power of storytelling in the courtroom. It begins with having compassion for the client and his/her story.

Common Criminal Charges in Denver

Denver, like any major city, sees a range of criminal charges. Some of the most common include:

DUI (Driving Under the Influence): Denver takes DUI offenses seriously, with strict penalties for those convicted. Whether it’s alcohol or drugs, operating a vehicle under the influence can result in fines, license suspension, and even jail time. Many DUI arrests in Denver happen along major roadways like I-25, I-70, and Colfax Avenue, especially late at night when police step up enforcement. Areas near LoDo, RiNo, and South Broadway are common checkpoints after nightlife and sporting events. If you’ve been stopped for DUI in these locations, it’s important to work with a Denver DUI defense lawyer who knows how local law enforcement operates and how to challenge questionable stops.

Drug Possession: Possession of controlled substances, such as marijuana, cocaine, methamphetamine, or prescription drugs without a valid prescription, can lead to serious legal consequences, including fines and imprisonment.

Assault and Battery: Charges of assault and battery involve physical harm or threats of harm against another person. Depending on the circumstances, these charges can range from misdemeanors to felonies. Denver sees a rise in assault and domestic violence charges around Broncos games, concerts at Ball Arena, and festivals in Civic Center Park. These charges can quickly escalate with mandatory arrest policies and protective orders. At DeChant Law, we understand the local dynamics of these cases and fight to keep one incident from defining your future.

Theft and Burglary: Denver prosecutes theft crimes vigorously, whether it’s shoplifting, burglary, or robbery. The severity of the charge often depends on the value of the stolen property and whether force or violence was involved.

Domestic Violence: Allegations of domestic violence can have significant repercussions, including restraining orders and loss of custody rights. It’s essential to seek legal counsel immediately if you’re facing these charges.

Expungement & Record Sealing in Denver: In addition to defending new charges, many Denver residents ask about clearing past records. Colorado’s record sealing laws allow certain arrests and convictions to be sealed so they no longer appear in background checks. Whether you were arrested in Adams County, Jefferson County, or right here in Denver, we can evaluate your eligibility and help you take the right steps to move forward with a clean slate.

Colorado DUI Laws

Driving under the influence (DUI) in Denver is a serious offense with strict legal consequences. Under Colorado law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. For drivers under 21, a BAC of 0.02% or higher can result in a charge of underage drinking and driving (UDD). Additionally, a BAC of 0.05% to 0.079% can result in a driving while ability impaired (DWAI) charge.

Colorado has express consent laws, meaning drivers automatically agree to chemical testing when suspected of DUI. Refusing a test leads to automatic license suspension and penalties. Contact our skilled Denver DUI defense lawyer for more information or immediate assistance.

Penalties for DUI in Denver

DUI penalties in Colorado escalate with each offense. Below are the standard consequences:

First DUI Offense

5 days to 1 year in jail
$600 to $1,000 in fines
9-month license suspension
Up to 96 hours of community service
Alcohol education classes

Second DUI Offense

10 days to 1 year in jail
$600 to $1,500 in fines
1-year license suspension
Up to 120 hours of community service
Mandatory ignition interlock device

Third DUI Offense

60 days to 1 year in jail
$600 to $1,500 in fines
2-year license suspension
Up to 120 hours of community service
Mandatory ignition interlock device

Felony DUI (Fourth Offense or DUI with Injury/Death)

Up to 6 years in prison
$2,000 to $500,000 in fines
Permanent criminal record

What to Do if Stopped for DUI in Denver

If a police officer stops you on suspicion of DUI, follow these steps to protect your rights:

Remain Calm and Cooperative – Avoid sudden movements or hostility.
Do Not Incriminate Yourself – You have the right to remain silent. Politely decline to answer questions about drinking.
Field Sobriety Tests Are Optional – You are not legally required to perform field sobriety tests, such as walking in a straight line or the one-leg stand.
Breath and Blood Tests – Refusing a chemical test results in an automatic license suspension under Colorado’s express consent law. If you submit and test over the limit, the results can be challenged in court.
Ask for an Attorney – Contact DeChant Law immediately to protect your rights and build a defense.

DUI Checkpoints in Denver

Colorado law allows sobriety checkpoints, where police officers may stop vehicles at random to check for impaired drivers. These checkpoints must follow constitutional guidelines, which include proper warning signs and visibility, randomized vehicle selection, limited detention times, and public safety measures. If you are stopped at a DUI checkpoint, it is important to remain calm, provide your license and registration, and avoid making voluntary admissions. If you are arrested, contact a Denver DUI defense lawyer at DeChant Law immediately.

Denver Criminal Defense & DUI FAQ

How long does a DUI stay on my record in Colorado?

A DUI stays on your criminal record permanently and cannot be sealed or expunged.

Can I refuse a breathalyzer test?

Yes, but under Colorado’s express consent law, refusing leads to automatic license suspension and other penalties.

What is the difference between DUI and DWAI?

A DUI is charged for a BAC of 0.08% or higher, while DWAI is charged for a BAC of 0.05% to 0.079%. DWAI carries lighter penalties but is still a serious offense.

Will I lose my license after a DUI?

Yes, a DUI results in a license suspension of at least 9 months for a first offense.

Can I get a DUI for marijuana in Denver?

Yes. Driving under the influence of marijuana is illegal. A THC level of 5 nanograms or more in the blood can result in DUI charges.

How much does a DUI defense cost?

DUI defense costs vary, but legal fees typically range from $3,000 to $10,000, depending on the complexity of the case.

Can I get a DUI while parked?

Yes. If you are in control of a vehicle while intoxicated, even if not driving, you may still be charged with DUI.

Will a DUI affect my job?

Yes, a DUI conviction can impact employment, especially if your job requires driving or a professional license.

Can I get a hardship license after a DUI?

Yes, after one month of suspension, you may apply for a restricted license with an ignition interlock device.

What are the chances of beating a DUI charge?

It depends on your case. Factors like improper police procedures, inaccurate breath tests, and medical conditions can lead to dismissed or reduced charges.

Where do most DUI checkpoints happen in Denver?

Police often set up DUI checkpoints along Colfax Avenue, Federal Boulevard, and near downtown nightlife districts like LoDo and RiNo. These areas see higher late-night traffic, which makes them common targets for enforcement.

Can I seal a domestic violence charge in Colorado?

Most domestic violence convictions cannot be sealed under Colorado law, but certain dismissed or deferred charges may qualify. A Denver criminal defense lawyer can review your record and advise if sealing is an option.

What happens if I’m arrested at a Denver Broncos game or Ball Arena event?

Large events bring increased law enforcement presence. If you’re arrested for assault, disorderly conduct, or alcohol-related charges at a game or concert, your case will likely be processed through the Lindsey-Flanigan Courthouse in downtown Denver.

Are DUI penalties tougher in Denver than elsewhere in Colorado?

The penalties are set by state law, but Denver County judges and prosecutors are known to take DUI cases very seriously, especially repeat offenses. Local experience can make a big difference in negotiating outcomes.

How long does a Denver misdemeanor stay on my record?

In Colorado, most misdemeanors stay on your record permanently unless they qualify for sealing or expungement. Denver employers, landlords, and licensing boards can often see these charges, which is why pursuing record sealing is so important.

Is marijuana DUI treated differently in Denver?

No. Driving under the influence of marijuana is prosecuted just as aggressively as alcohol DUIs in Denver. A THC level of 5 nanograms or more can result in charges, even if you feel unimpaired.

DeChant Law Can Assist with Your DUI Defense Case

If you are facing a DUI charge in Denver, DeChant Law provides aggressive legal defense to protect your rights and minimize penalties. Attorney DeChant has extensive experience handling DUI cases and works to challenge breathalyzer and field sobriety tests, investigate police procedures for errors, negotiate plea deals or reduced charges, and defend clients in court for case dismissals. A DUI can have serious long-term consequences, but with the right legal representation, you can fight the charges. Contact a Colorado DUI lawyer at DeChant Law today for a free consultation and strong DUI defense.

What to do After an Arrest in Denver, CO

If you get arrested in Denver, it’s crucial to know your rights and the steps to take to protect yourself. Here’s a guide on what to do:

Stay Calm and Comply: Stay calm by keeping your composure to avoid escalating the situation. Comply with officers by following their instructions, since resisting arrest can lead to additional charges.
Know Your Rights: You have the right to remain silent, which you should exercise to avoid self-incrimination. Politely inform officers that you wish to remain silent and request an attorney. You also have the right to an attorney, and if you cannot afford one, a public defender will be provided.
Booking and Bail: During the booking process, you will be taken to a police station where you are fingerprinted, photographed, and your personal information recorded. You may then be eligible to post bail in order to be released from custody, and in some cases, contacting a bail bondsman may be necessary.
Contact an Attorney: Hire a defense attorney in Denver who specializes in the charges you are facing. If you cannot afford one, request a public defender to represent you.
Prepare for Court: Make sure you fully understand the charges against you, and let your attorney explain the specifics and potential consequences. Work closely with your attorney to gather evidence and witness statements that may strengthen your defense.
Attend Court Hearings: Be sure to attend all scheduled court hearings, as missing a court date can lead to further legal issues. Follow your attorney’s advice and strategies throughout the process to protect your best interests.
Post-Arrest Actions: Do not discuss your case with anyone except your attorney, since conversations with friends, family, or on social media can be used against you. Stay informed about your case and remain proactive in your defense.
Utilize Support Services: Consider seeking counseling services to help manage the stress of an arrest and ongoing legal proceedings. You can also use community resources for added support and guidance during this time.

Following these steps can help you navigate the legal system more effectively and protect your rights after an arrest in Denver, CO.

Finding the Best Denver Criminal Attorney Near You

When searching for the “best Denver criminal defense lawyer near me”, make sure to do careful research. Start by looking for attorneys with extensive experience in defending DUI and criminal cases in Denver courts. Check online reviews, client testimonials, and attorney ratings on platforms like Avvo, Martindale-Hubbell, and Google Reviews to gauge their reputation. It’s also important to choose a lawyer familiar with the Lindsey-Flanigan Courthouse and the local legal system, as this knowledge can provide a strategic advantage in your case. Schedule a consultation to discuss your situation, ask about their case success rate, defense strategies, and legal fees. A strong Denver defense lawyer should offer clear communication, aggressive representation, and a personalized legal strategy to help you achieve the best possible outcome. DeChant Law is a trusted name in Denver, known for providing dedicated and effective defense for DUI and other criminal charges.

Denver Criminal Courthouse

The Lindsey-Flanigan Courthouse serves as the primary criminal courthouse in Denver, handling DUI cases, felonies, and misdemeanors. Located at 520 W Colfax Ave, this modern facility houses courtrooms for both the Denver County Court and the Second Judicial District Court. The courthouse is known for its streamlined case processing, advanced security measures, and accessibility for defendants, attorneys, and the public.

DUI cases are typically heard in Denver County Court, where judges preside over arraignments, motions, and trials. The courthouse also offers Pretrial services, Probation offices, and Public defense resources. These services make it a central hub for criminal proceedings in Denver. If facing a DUI charge, it is crucial to have an experienced Denver criminal lawyer, such as DeChant Law, to navigate the legal process and advocate for the best possible outcome.

Criminal Court Process

The criminal court process in Denver, CO, involves several stages from the initial arrest to the resolution of the case. Here’s an overview of each step:

Arrest and Booking

Arrest: Law enforcement officers detain and arrest the individual suspected of committing a crime.
Booking: The arrested person is taken to a police station where they are fingerprinted, photographed, and their personal information is recorded.

Initial Appearance

Timeline: Usually occurs within 24-48 hours of arrest.
Purpose: The judge informs the defendant of the charges, their rights, and determines bail or conditions for release.

Bail and Bond Hearing

Bail Determination: The judge sets bail, which the defendant can post to be released from custody.
Bond Options: Defendants can post cash bail or use a bail bondsman to pay a percentage of the bail amount.

Arraignment

Charges: The formal reading of charges in court.
Plea: The defendant enters a plea of guilty, not guilty, or no contest.
Legal Representation: If the defendant does not have an attorney, one will be appointed if they qualify.

Pre-Trial Proceedings

Discovery: Both the prosecution and defense exchange evidence and information.
Motions: Pre-trial motions can be filed to resolve legal issues, such as suppressing evidence or dismissing charges.
Plea Bargaining: The defense and prosecution may negotiate a plea deal to avoid trial.

Trial

Jury Selection: A jury is selected through a process called voir dire.
Opening Statements: Both sides present their case overview to the jury.
Presentation of Evidence: The prosecution and defense present evidence and call witnesses.
Closing Arguments: Both sides summarize their cases.
Jury Deliberation: The jury deliberates and reaches a verdict.
Verdict: The jury delivers a verdict of guilty or not guilty.

Sentencing

Guilty Verdict: If found guilty, the judge sets a date for sentencing.
Sentencing Hearing: The judge considers factors such as the severity of the crime, criminal history, and any mitigating circumstances to determine the appropriate sentence.

Post-Trial Motions

Appeals: The defendant can appeal the conviction or sentence if they believe there was a legal error during the trial.
Post-Conviction Relief: Additional motions can be filed to seek relief, such as a new trial or sentence reduction.

Probation and Parole

Probation: Instead of jail time, the defendant may be sentenced to probation with specific conditions to follow.
Parole: Early release from prison under supervision, with conditions similar to probation.

Understanding these stages can help defendants navigate the criminal court process in Denver more effectively.

Key Points to Remember

Legal Representation: Having a skilled Denver criminal lawyer is crucial at every stage of the process.
Rights: Defendants have the right to remain silent, to an attorney, and to a fair trial.
Bail: Posting bail allows the defendant to be released from custody while awaiting trial.
Pre-Trial Motions: Can significantly impact the outcome of the case by addressing legal issues before trial.
Trial and Sentencing: The trial determines guilt, and sentencing determines the punishment if convicted.

An Aggressive Denver Criminal Defense Attorney Can Help

At DeChant Law, we have extensive experience defending clients against a wide range of criminal charges in Denver. Our team of dedicated attorneys understands the nuances of Colorado’s legal system and is committed to providing aggressive advocacy on behalf of our clients. We provide personalized attention by listening to your concerns, investigating your case thoroughly, and developing a defense strategy tailored to your circumstances. Our skilled negotiation has led to favorable plea agreements and alternative sentencing options that help clients avoid harsh penalties whenever possible. If your case proceeds to trial, you can rely on us for aggressive representation, presenting compelling evidence and arguments to protect your rights. We also understand the emotional toll of facing Denver criminal charges, which is why we offer compassionate support and guidance every step of the way to ensure you feel informed and empowered throughout the process.

Serving Throughout Denver and Beyond

Our clients come from across the Denver metro area, including Capitol Hill, Washington Park, Sloan’s Lake, Cherry Creek, and Five Points. Each neighborhood has unique policing patterns and demographics, which can influence how cases are investigated and prosecuted. Being rooted in Denver allows us to tailor defense strategies with these local realities in mind. We also serve those in need outside Denver.

Adams County
Aurora
Boulder
Brighton
Castle Rock
Centennial
Colorado Springs
Commerce City
Denver
Fort Collins
Fort Morgan
Golden
Greeley
Loveland
LoDo (Lower Downtown)
Capitol Hill
Cherry Creek
RiNo (River North Art District)
Highlands
Wash Park (Washington Park)
Five Points
South Broadway (SoBo)
Golden Triangle
Sloan’s Lake
Berkeley
City Park

Don’t Face Criminal Charges Alone, Contact a Denver Criminal Defense Lawyer

At DeChant Law, you will be a part of the team and not just a client. Have you been in court and heard an attorney refer to their client as “my client?” Be assured, this unacceptable practice is non-existent at DeChant Law. Our client-focused defense keeps you involved at every step of the way so that you can make the best decision for you and your family. Reid will create a personalized mitigation plan and leave no stone unturned while negotiating with the prosecution. At the end of the day, if the prosecution’s offer falls short of your expectations, our experienced Denver criminal defense attorney is prepared to take the case to trial and zealously advocate for what is just. Contact DeChant Law today to schedule a consultation and learn how we can help protect your rights and future.