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- Colorado Criminal Defense Lawyers – Why Hiring A Good One Makes Sense
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- Understanding Colorado’s Felony DUI Law – Effective Date – August 5, 2015
- Colorado Criminal Law – Understanding Hit And Run Cases – 42-6-1601, 14-6-1603
- Colorado Criminal Law – Know Your Rights – Remain Silent – Remain Silent – Remain Silent
- Colorado Criminal Law Guide – Searches Of Your Car – Your Right To Refuse
- Understanding The Colorado Law Of Careless Driving 42-4-1402 – Bodily Injury Or Death
- Understanding The Elusive Wet Reckless Plea Bargain In Colorado DUI Cases
- Colorado DUI Criminal Law – Huffing And DUID Cases – “Duster” And “Dust-Off”
- To Understand Colorado DUI – DWAI – DUID Probation Sentencing – First Read The Law
- Colorado Criminal Law – Am I Safe To Sit In My Car – Police Intrusion Issues
- A Guide To The DMV Side Of Colorado DUI Cases Part I Of IV
- Meeting With Your Colorado DUI-DWAI-DUID Lawyer For The First Time
- A Colorado Comprehensive DUI – DWAI Penalties Sentencing Chart
- Colorado DUI – DWAI Refusals – Defense Tactics – The Decision to Refuse To Blow – Breathalyzer and Blood Test
- Colorado DUI Probation Violations – Why Time Is Of The Essence
- Expungement – Sealing DUI Charges In Colorado – Traffic Charges Such As DUI – DWAI’s Can Never Be Sealed or Expunged
- Marijuana Drug Driving In Colorado and the DUID Law
- Colorado First Time DUI – DWAI
- Colorado Rules For Obtaining A Driver’s License When Out of State Suspension – The Interstate Driver’s License Compact Rules
- Colorado DUID Cases – Prescription Drugs and Colorado Driving Under The Influence of Drug Charges
- Colorado Vehicular Assault – Vehicular Homicide Charges – What They Mean
- The Colorado Affirmative Defense Of Intervening – Superseding Cause In Vehicular Assault – Vehicular Homicide Cases 18-3-205, 18-3-106
- Colorado Interlock Devices – Violations Including Tampering CRS 42-2-132.5 (11)
- Colorado Alcohol Treatment Programs – Level I and Level II – Track A-B-C-D
- Colorado DUI Interlock Program – Understanding the Interlock Device – Colorado DUI Consequences Part I of II
- The Colorado DUI -DWAI Field SobrietyTests
- Colorado’s Express Consent Law – The Law And The Advisement
- Refusals – Refusing To Take The Alcohol Breath or Blood Test In A Colorado DUI – DWAI Case
- Taking Blood Samples from Colorado Persons Arrested For DUI and Colorado Felonies
- Understanding The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Alternative Sentencing Options
- Colorado “Drugged Driving” – Marijuana DUID Cases
- Colorado’s Habitual Traffic Offender Law – CRS 42-2-206 – Driving After Revocation Prohibited – DAJP
- Colorado Criminal Traffic Lawyer Series – Driving Under Suspension – Points 42-2-127 C.R.S.
- Federal DUI Cases In Colorado
- More Articles On Colorado DUI – DWAI -DUID Law…
- Colorado DUI -DWAI -DUID Penalties And Sentencing 42-4-1307 – Proving Prior Alcohol Driving Convictions In Court
- Colorado DUI – DWAI – DUID Cases – No Contest and Other Kinds Of Pleas In Colorado DUI Cases
- Colorado DUI Lawyer Answers The Question – What Should I Do If I Am Stopped On Suspicion Of DUI – Refusing The Chemical Test
- Colorado Criminal DUI Case Defense – Preparing To Attack The District Attorney’s DUI Expert
- Attacking Your Colorado DUI – DWAI Case – Common Tactical Approaches
- Colorado DUI – DWAI – DUID Law- Questions And Answers On The Legal Definition Of Driving In Colorado
- Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
- Weaving Within My Lane In Colorado – 42-4-1007- Can They Stop Me For Suspected DUI?
- Colorado DUI Law – Is it Possible To Raise An Involuntary Intoxication Defense?
- Colorado Criminal Lawyer Series – Will I Lose My Nursing License In Colorado If I Get A DUI?
- What Are Colorado’s Open Container Laws – Who Can Be Charged? – Alcohol – Marijuana
- How To Understand Colorado DUI – DWAI – DUID DMV Actions After January 2014 – A Primer
- When An Out Of State Resident Is Convicted Of A DUI In Colorado – What Happens Now?
- Colorado Criminal Law – Understanding Colorado Traffic Stop Laws Regarding Arrest & Custody
- Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
- Colorado Criminal Law – Pretext Searches – The Emergency / Community Caretaking Exception To The Fourth Amendment
- Colorado Criminal Law – When Police Violate Your Rights At A Traffic Stop
- Proving Driving Under Revocation § 42-2-138 – In The State Of Colorado
- Colorado Mental Health and Substance Abuse Resources In DUI Cases
- Colorado DUI Laws – DMV Breath – Blood Test Refusal Issues Analyzed – Express Consent Law 42-4-1301.1
- The Meaning Of “Driving” Under Colorado DUI Law
- After The DUI -DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138
- Is Taking Ambien A Defense To A Charge Of DUI – DUID In Colorado?
- Colorado Child Abuse Charge In DUI – DWAI Cases – DUI Defense Lawyer Strategies
- Violations of DUI – DWAI – Probation In Colorado
- Colorado Criminal Law – Q and A – Colorado Texting And Driving Law – C.R.S. 42-4-239 – UPDATED 2017
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Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
By H. Michael Steinberg – Colorado DUI – DWAI – DUID Criminal Defense Lawyer
Sentencing In A Colorado DUI – DWAI – DUID Case – “Repackaging” Ideas and Arguments – A recent case in a neighboring state directly addressed what criminal defense lawyers must do to properly represent a person at sentencing. Truly excellent representation in any sentencing hearing – particularly a DUI case here in Colorado – requires much more.
A Colorado criminal defense lawyer should:
- Know ALL of the sentencing alternatives available to the Judge and have the experience nad longevity to persuasively argue for the least restrictive alternative for the client.
- Make certain the Judge knows and understands ALL of the sentencing alternatives from which he or she can select.
- Make certain the Client fully understands ALL of the consequences of the various sentencing possibilities under the plea agreement or following a trial.
- Make certain that the actual sentence imposed is based on not only complete – but accurate – information from the case, the client, and the criminal defense lawyer’s own investigation of tthe case.
Most Colorado DUI Cases Result In Some Type of Sentencing Hearing
Over ninety (90) percent of all criminal cases result in a conviction either by plea agreement or as a result of a trial.
Because of this – even the United States Supreme Court has recognized the importance of truly exceptional negotiating skills during the resolution of a criminal matter.
The process of obtaining a great result for a client for a Colorado criminal defense lawyer means that the lawyer begins the process months before the final date for sentencing.
Colorado DUI – DWAI – DUID Sentencing Hearings
DUI’s continue to be among the least popular crimes that are heard in criminal court especially if there has been some sort of injury or impact as a result of a collision. The Colorado DUI/DWAI/DUID criminal defense lawyer must not only master the sentencing laws in these cases – he or she must marshal all of the positive resources available to place their client in the best possible light. This is what I call putting together a “mitigation packet” with the help of the Client.
The Colorado DUI Sentencing “Mitigation Packet”
As a former Senior Deputy District Attorney for Arapahoe and Douglas Counties – I am keenly aware of how a D.A. protects him or herself in the “office.” What prosecutors fear most is being second guessed by their immediate supervisors by agreeing to an overly lenient plea agreement where that Defendant later commits a new and very serious crime. This rarely happens but it can be a career ender for any prosecutor.
The way you obtain a great result in any Colorado DUI criminal case is to “paper” the case with positive alcohol and or drug evaluations, character letters, awards, apology letters and the like. At the sentencing hearing – a lawyer should present limited and effective testimonials about the Client to include long term observations of the accused that are positive and changes in his or her personality since “coming to grips” with the circumstances that led to the case before the court.
During the plea bargaining process – copies of all positive information should be handed to the DA in the form of a mitigation packet.
Persuading The DA – Prosecutor To Make The Best Plea Bargain Offer – Not An Easy Task At Times
Some – (actually many) – Colorado criminal defense lawyers simply “take” what the DA is offering (usually in a little room outside of the courtroom and outside of the hearing of their Client). There is little discussion and little advocacy on behalf of the Client.
Other Colorado criminal defense lawyers actually ADVOCATE for their clients. They argue the mitigation in their case, they document their defense in every way possible, the propose alternatives to the standard forms of punishment and other punitive sanctions offered by the prosecution. In short they control the plea bargaining process.
In the DUI case – the lawyer should be the first to propose terms of probation such as inpatient alcohol or drug treatment as opposed to a lengthy jail sentence; the use of ankle monitors, alcohol detection devices instead of intrusive daily breathalizer or urine screens; out-patient residential treatment programs; interlock devices on the Defendant’s automobile; “relevant” public service hours, community lectures if available to others similarly situated; and the like – the possibilities are endless.
Any and all mitigation factors should be presented to both the DA and the Judge. A thorough investigation of the “mitigating factors” in a Colorado DUI sentencing should include a close examination of other factors such as:
- Are there any contributing medical issues that are relevant to this DUI case?
- Are there any contributing mental health or trauma issues that played a role in the case?
- Are there any crises occurring in the life of the Defendant or his or her family?) divorce, death of parent or child, military family separation, etc);
The Use of Well Written and Directed Character Letters
Prosecutors and Judges are presented with one form of information from the very start of the case… slanted police reports which have been written with one goal in mind – paint the accused in the worst possible light.
The idea of the “character letter” is to give the DA and the sentencing Judge a much clearer picture of the person accused of the crime. As a former DA – I would “cold read” the file sometimes only minutes before the pre-trial conference. If the Defendant is unrepresented and unable to articulate the mitigating factors in the case I was left with little more than those reports to make the offer.
The critical role of the criminal defense lawyer is to use tools such as character letters to add humanity to the person who is the target of the criminal investigation. Character letters do this by giving the DA – and the sentencing Judge the kind of independent information they will receive from no other source. Next to courtroom testimony – there is no better way to impress upon the prosecutor and the Judge the true nature of the person of the accused.
Family and friends are the support system that will enable the Client to make it through probation successfully.
Immediately Making The Victim “Whole” – The Role of Paying Restitution “Up Front”
If possible – should there have been an accident – especially one with injuries – the Defendant should compel the insurance company to pay the victim’s claim. If there is no insurance – the Defendant should find the money to pay the victim the restitution that is owed and make the victim whole as soon as is possible. If possible and appropriate – a letter of apology should accompany whatever payment can be mustered.
Nothing has a greater negative impact on a DA or sentencing Judge than an angry victim who attends sentencing and describes the negative impacts the Defendant’s actions have had on their lives.
The Role Of The Colorado DUI Criminal Defense Lawyer – Getting The Best Result Possible
If this is your first DUI – the experience of being targeted so intensely for a once in a lifetime lapse in judgment may shock you. First-time offenders are tasked with many difficult conditions of probation in Colorado and there is little room for explanations or compassion.
The numbers of DUI’s in Colorado are staggering and it is left to your lawyer to distinguish your case from all of the others.
In cases of multiple prior DUI convictions – so called “repeat offenders”- the task of explaining how this could have happened a second, third or fourth time is made even more difficult. But it is not a reason to permit the prosecutor to paint the accused in the worst possible light. While you can rely on the fact that the DA will seek the most punitive sentence he or she can obtain, an experienced criminal defense lawyer’s role in these cases is the most critical.
The lack of compassion that is the result of handling hundreds if not thousands of these cases year after year must be combated by mitigation and extenuating information provided to the DA and the sentencing judge. District Attorney’s will thump the desk and argue that this is being done for the “protection of society” to “punish and deter” repeat offenders and to vindicate the rights of the innocent victim..
It is the role of the Colorado criminal defense lawyer to “absorb” those concepts – not to dispute them (as they are indisputable) – but rather to “fire back” with the kind of mitigating information that distinguishes their client from the hundreds of other cases heard every week across the state.
Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
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Never stop fighting – never stop believing in yourself and your right to due process of law.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.
A Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. If you are seeking counsel there maybe other more specific technical or legal advice on the information provided and related topics. For that, please contact the author.
If you are charged with A Colorado crime or you have questions about the topic of this article – , please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.
Colorado Defense Lawyer H. Michael Steinberg regularly appears and provides solid criminal defense for clients throughout the Front Range of Colorado – including the courts of:
Adams County (Adams County criminal defense lawyer), Arapahoe County (Arapahoe County criminal defense lawyer), City and County of Boulder (Boulder County criminal defense lawyer), City and County of Broomfield (Broomfield County criminal defense lawyer), City and County of Denver (Denver criminal defense lawyer), Douglas County (Douglas County criminal defense lawyer), El Paso County – Colorado Springs (Colorado Springs criminal defense lawyer), Gilpin County (Gilpin County criminal defense lawyer), Jefferson County (Jefferson County criminal defense lawyer), Larimer County, and Weld County ( Larimer and Weld County criminal defense lawyer,….
and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments.　
Other Articles of Interest:
- Colorado DUI Law – DUI Probation Violations – Revocation Of Probation
- Is Taking Ambien A Defense To A Charge Of DUI – DUID In Colorado?
- A Colorado Comprehensive DUI – DWAI Penalties Sentencing Chart
- Colorado DUI -DWAI -DUID Penalties And Sentencing 42-4-1307 – Proving Prior Alcohol Driving Convictions In Court
- Meeting With Your Colorado DUI-DWAI-DUID Lawyer For The First Time
