Longmont Criminal Defense Lawyer
Being arrested or facing criminal charges can be an intimidating experience, especially if it’s your first encounter with Colorado’s criminal justice system. In Longmont, CO, criminal defense covers a broad range of cases, from minor infractions to serious felonies. Regardless of the charges you face, having experienced legal representation is critical to ensuring your rights and freedom are protected. This comprehensive guide outlines common crimes in Longmont, DUI and drug crime information, the criminal appeal process, and critical actions to take if arrested or pulled over for DUI. A Longmont criminal defense lawyer at DeChant Law can support you throughout your case, contact our firm today.
Common Crimes
Longmont, located in Boulder County, sees various criminal offenses ranging from minor misdemeanors to serious felonies. Some of the most common charges include:
- Driving Under the Influence (DUI/DWAI)
- Criminal Appeals
- Vehicular Assault & Homicide
- Assault and Battery
- Theft and Shoplifting
- Domestic Violence
- Drug Possession and Distribution
- Burglary and Robbery
- Vandalism and Property Crimes
- Juvenile Offenses
- Sex Crimes
- White-Collar Crimes (such as fraud and embezzlement)
Each criminal offense carries its own set of penalties, making it essential to understand the nature of your charges and potential consequences.
DUI and Drug Crimes in Longmont
Two significant categories of criminal charges in Longmont involve driving under the influence (DUI) and drug-related offenses.
Driving Under the Influence (DUI)
In Colorado, you can face DUI charges if you’re caught driving with a blood alcohol concentration (BAC) of .08% or higher. Drivers under 21 years of age have stricter regulations, with zero tolerance for any detectable alcohol.
Drug Crimes
Drug crimes in Longmont range from simple possession to manufacturing or distribution. Common substances leading to arrests include marijuana (beyond legal personal-use limits), cocaine, heroin, prescription medications without authorization, and methamphetamine.
Colorado law classifies drug crimes by severity, based on drug type, amount, and circumstances such as intent to distribute. Penalties range from minor fines and probation to extensive prison sentences.
Criminal Appeals in Colorado
If convicted, defendants still have the right to appeal their conviction or sentencing. The criminal appeals process in Colorado involves reviewing the trial record for legal errors or constitutional violations that affected the outcome. The appellate process does not involve a new trial or presentation of new evidence; rather, it’s a careful examination of whether legal mistakes were made during your original proceedings.
The Colorado Court of Appeals reviews most criminal appeal cases, though serious felony convictions or death penalty cases can reach the Colorado Supreme Court. Engaging an experienced appeals attorney is vital, as appeals require intricate legal arguments and deep familiarity with appellate procedures.
What to Do if You’re Arrested in Longmont
Being arrested is a stressful and confusing situation. Here are essential steps to follow if you find yourself facing arrest in Longmont:
Remain Calm and Compliant
Avoid arguing or resisting arrest, as this can result in additional charges. Politely state your desire to remain silent until you have spoken with a lawyer.
Invoke Your Right to Silence
Clearly and respectfully invoke your Fifth Amendment right to remain silent. Anything you say can and will be used against you.
Ask for an Attorney Immediately
Make your desire for an attorney known clearly. Do not agree to police interviews or interrogations without a lawyer present.
Understand Your Rights
You have the right to remain silent and to legal representation. The police must inform you of these rights (Miranda rights). Ensure they have done so, and exercise these rights fully.
What to Do if Pulled Over for DUI in Longmont
Being stopped for suspected DUI is a frightening experience. Follow these steps to protect yourself legally:
Pull Over Safely
Use your turn signal, and safely pull over in a timely manner. Remain inside your vehicle unless instructed otherwise.
Stay Calm and Cooperative
Provide your driver’s license, registration, and insurance when requested, but avoid making unnecessary statements.
Politely Decline Roadside Tests
Field sobriety tests in Colorado are voluntary. Politely decline roadside sobriety tests without being confrontational, as these tests can be subjective and unreliable.
Understand Chemical Tests
If arrested, you will be asked to take a chemical test at the station. Refusal can lead to immediate license suspension under Colorado’s express consent laws.
Contact an Attorney Quickly
Seek legal representation immediately. Early intervention by an experienced DUI attorney can significantly influence your case’s outcome.
Relevant Criminal Laws in Colorado
Understanding Colorado’s criminal statutes is essential. Key criminal statutes include:
- DUI (C.R.S. §42-4-1301): Addresses driving under the influence, penalties, and definitions of impairment.
- Drug Crimes (C.R.S. §18-18-403.5): Defines drug possession offenses and related penalties.
- Domestic Violence (C.R.S. §18-6-800.3): Defines domestic violence and associated penalties.
- Theft and Property Crimes (C.R.S. §18-4-401): Specifies theft crimes and related penalties based on property value.
These statutes detail the specific elements prosecutors must prove, offering your attorney potential avenues for defense.
Possible Penalties for Criminal Convictions in Longmont
Penalties vary based on crime severity, prior criminal history, and specific circumstances. Common penalties include:
- Jail or prison sentences
- Probation or parole
- Significant fines and court costs
- Mandatory treatment programs (e.g., drug or alcohol counseling)
- Community service requirements
- Driver’s license suspension or revocation
- Protective or restraining orders
- Permanent criminal record impacting employment, housing, and education
Common Colorado Criminal Defense FAQs
- What rights do I have if arrested? You have the right to remain silent, right to an attorney, and right to humane treatment.
- Should I answer police questions? No, politely refuse to speak without a lawyer present.
- Will I lose my driver’s license after a DUI? Possibly. License suspensions often occur after DUI convictions or refusals to take a chemical test.
- Can charges be reduced or dismissed? Often, yes, with skilled legal representation and strong defense strategies.
- Can I represent myself in court? You can, but it’s highly discouraged due to the complexities of criminal law.
- What is probation? Probation is court-supervised monitoring, allowing you to avoid incarceration under specific conditions.
- Can criminal convictions be expunged? Yes, Colorado allows expungement or sealing of certain convictions and arrest records.
- How long will my criminal case take? Cases vary widely, but many misdemeanor cases resolve within several months; felonies can last significantly longer.
- Do I have to take field sobriety tests? Field sobriety tests are voluntary in Colorado. You can politely decline.
- What happens if I violate probation? You may face probation revocation hearings, additional penalties, or jail time.
Serving Throughout Longmont, CO
- Prospect New Town
- Fox Creek Farm
- Clover Creek
- Somerset Meadows
- Old Town
- Meadow Mountain
- Renaissance
- The Shores
- Prairie Village
- Creekside
How DeChant Law Can Help with Your Longmont Criminal Defense
Facing criminal charges or arrest is stressful and frightening. Longmont criminal defense attorneys at DeChant Law provide personalized, compassionate, and aggressive legal representation to protect your rights. Our dedicated team thoroughly investigates every aspect of your case, crafting customized strategies aimed at dismissals, acquittals, or reduced charges and penalties.
We specialize in handling complex cases, including DUI, drug charges, domestic violence, property crimes, juvenile offenses, and more. Whether you’re facing your first arrest or battling repeat charges, we stand beside you throughout each step of the criminal justice process.
With extensive experience in Boulder County courts, we possess a detailed understanding of local prosecutors, judges, and court procedures, ensuring you receive the best defense possible.
When your freedom and future are at stake, trust DeChant Law to aggressively defend your rights and deliver the high-quality representation you deserve. Contact us immediately for a confidential consultation, and let us advocate tirelessly on your behalf in Longmont and throughout Colorado.