Criminal Law

Criminal Defense Attorneys in Colorado Springs

Representing People Charged with Crimes Throughout El Paso County and Pueblo County

Whether you have been charged with drunk driving, a drug offense, or sexual assault, there are several important things to know. The police officers may not on your side and you should assert your right to remain silent. You need an experienced criminal defense lawyer to protect your rights and ensure that your case is handled fairly.

At the Law Firm of Jaray & Webster, LLC, our lawyers aggressively represent individuals who have been charged with felony and misdemeanor crimes, such as traffic offenses, DUI/DWI, speeding, and reckless driving. We understand the consequences of a conviction for a serious crime or traffic violation, including fines, increased insurance premiums, driving restrictions, and potential jail time.

Don't face the criminal justice system alone. Contact our criminal defense attorneys at the Law Firm of Jaray & Webster to schedule a free initial consultation.

Our Criminal Defense Services

Attorney David Webster spent 10 years as a Deputy District Attorney, and that prosecution experience helps us to uniquely understand the criminal process and how to protect our clients' best interests. We know who we are up against: Attorney Webster has also trained many of the attorneys currently working in the district attorney's office in Colorado Springs.

We offer dedicated and aggressive defense representation for people charged with serious felony or misdemeanor crimes, including:

Traffic Offenses: Your Rights When Pulled Over

When stopped by a police officer for speeding or reckless driving, you must have a valid driver's license, registration for the car you are driving, and proof of insurance. These documents should be in the vehicle and easily accessible at all times. This traffic stop is also a crucial time for the law enforcement officer to gather information. Many times, an officer may ask if you know why you were pulled over.

There are several things that anyone who is pulled over should remember:

• You have the right to remain silent.
• You have the right to an attorney.
• You have the right to have an attorney with you during questioning.
• You have the right to have an attorney provided for you if you cannot afford one yourself.

Of these rights, the first is the most important. It is a common misconception that, in order for a statement to be used against you, you must first be read your Miranda Rights. This is not the case. The only time you must be read your Miranda Rights prior to being questioned is when you are in the custody of police. If you are not in custody, they can question you and it can be used against you if you receive a citation.

Because of this, it is very important that you know and exercise your rights. You do need to provide basic identifying information to the police, but that is all. Remaining silent is the best thing you can do for your situation. If you talk to a police officer about the reason he or she pulled you over, or about what you have been doing during the evening, they may record the information to be used against you later. If the officer gives you a reckless driving citation or speeding ticket, your silence may be beneficial to your case.

Driving Under the Influence (DUI or DWI)

If an officer stops you on suspicion of drunk driving, the rights laid out above become even more important. During the traffic stop, the officer may ask if you had anything to drink during the evening. The most common response is either two or three drinks. This only confirms for the officer that you have been drinking. Next, the officer may ask if you would be willing to take some roadside tests. These tests are intended to measure coordination ability and physical responses. They are also optional and the officer should explain that.

If you take the tests, the officer will monitor each test given and then document your ability to do them. Remember, roadside tests are optional. Participation in these types of tests may increase the chance of an arrest. If you fail the tests, an arrest may be made and then the officer will offer a blood or a breath test to measure the blood alcohol content (BAC) in the person's blood. Colorado is an express consent state. If an officer determines that there is enough evidence to make an arrest for driving under the influence or driving while ability impaired, it is required that the person participate in BAC testing. Refusing at this point to take a blood or breath test will result in the automatic suspension of your driver's license.

In Colorado, if the blood alcohol content of a person is .08 or above, he or she is presumed to be driving a car while under the influence of alcohol. If you are arrested for driving under the influence (DUI), the possible penalties can include fines and jail, public service, loss of a driver's license, mandatory participation in alcohol classes, and being placed on probation. There isalso a social stigma attached to DUI that may affect your job and other aspects of your life. If you are arrested for drunk driving, remembering your rights and asserting them can make a difference in how your case proceeds through the system.

Getting a lawyer who understands the system is crucial once you have been charged. Exercising your rights during the investigation phase is crucial to aid in your own defense. Contact the Law Firm of Jaray & Webster right away.

What should you do if contacted by a law enforcement officer?

1. Be polite. Officers are only doing their jobs and being impolite only adds to the evidence against you.

2. Have your license, registration and insurance information easily accessible.

3. Only answer questions regarding basic identifying information, such as your name, age and address.

4. Speak as little as possible. Everything you say will be written down and used against you later on.

5. Politely decline to answer questions about why you were pulled over or what you were doing.

6. If you are arrested, ask for an attorney.

Contact or call The Law Firm of Jaray & Webster, LLC today for a free initial consultation with an experienced criminal defense attorney.

Phone: (719) 633-6620

Santa Fe Building
985 Pico Point
Colorado Springs, CO 80906
Fax: (719) 634-0789

The Colorado Springs, CO Law Firm of Jaray & Webster, LLC offers criminal defense services to people charged with crimes throughout Colorado including the cities of Fountain, Security, Manitou Springs, Pikes Peak Region, Monument, Palmer Lake, Calhan, Falcon, Black Forest, Woodland Park, Cripple Creek, Divide, Green Mountain Falls, Cascade, and El Paso and Pueblo counties.