Helpful Answers To Common Criminal Defense Questions

Do I have to plead guilty to DUI if I failed a breathalyzer test?

No, you don’t. You might assume that a failed breathalyzer test means that your case will be open-and-shut, but that isn’t necessarily true. As we have discussed on our drunk driving defense page, we explore all aspects of your DUI stop and arrest to see if there are weaknesses in the prosecution’s case or police officer mistakes that might lead to acquittal or a similarly favorable outcome. Don’t decide you are out of options before discussing your case with an experienced attorney.

I was searched without a warrant. Does that mean my drug possession charges should be thrown out?

Not necessarily, but it is worth exploring the details with an attorney. The Fourth Amendment to the Constitution protects each of us against unreasonable search and seizure by law enforcement. Usually, but not always, this means that police need to obtain a warrant before conducting a search.

Fourth Amendment violations are surprisingly common in drug cases, so it is important to scrutinize how the search was conducted and whether the police had probable cause. If your rights were violated, we can petition the court to suppress the evidence, meaning it could not be used to convict you.

My domestic violence charge was based on a neighbor’s misinterpretation of a loud argument. Can my spouse ask prosecutors to just drop the charges?

This is sometimes possible, but there are no guarantees. It is a common misconception that alleged victims have the final say over whether they want to press charges. In domestic violence cases, prosecutors have found that victims are sometimes intimidated into recanting testimony. To prevent this, they take the decision out of the alleged victim’s control. Once the police get involved, there is a good chance that the person arrested will be prosecuted, regardless of what the victim asks for.

Is it worth contesting a traffic citation? Shouldn’t I just pay the fine?

Yes, it is worth contesting traffic tickets. Paying a fine is a guilty plea. It likely means an increase in your insurance premiums and points on your license. Acquire enough points and your license could be suspended. These expenses could cost you more in the long run than the money you invest in hiring an experienced attorney to help you fight the citations.

Have More Questions? Ask Them In A Free Consultation.

With an office in Fort Collins, The Leier Law Office, LLC, serves clients throughout Northern Colorado. To schedule a free initial consultation with an experienced criminal defense attorney, call us or send us an email.