Violation of a protection order can have serious consequences, and can result in a period of incarceration. Under § 18-6-803.5 C.R.S., violation of a protection order is a class 1 misdemeanor and can be punished with fines up to $5,000 and up to 18 months in jail. Judges typically treat these cases harshly because they do not like seeing individuals violating court orders. These cases are often filed with very little evidence to back up the supposed violation.
Even if the victim gave you permission to contact him/her, you can still be held liable for violation of a restraining order – permission is not a defense. There are, however, numerous defenses to a violation of restraining order charge. One defense is an invalid restraining order – if the protection order was not properly served, or the protection order is otherwise invalid, then the charges can be disputed. Kimberly Diego has successfully worked for the dismissal of violation of restraining order charges in several such situations.
It may also be possible to mitigate your violation of protection order charges by working to have the protection order dismissed. Although this will not result in the dismissal of the charges, it will certainly lead to a more favorable result in your case.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges
The plea deal process is a key part of the criminal justice system in Denver, CO. Rather than proceeding to trial, a defendant may be offered a plea agreement by the prosecution to plead guilty to a lesser charge or to obtain a reduced sentence. While plea deals can provide certainty and potentially minimize penalties, they also carry significant long-term consequences, including criminal records, probation requirements, fines, and other collateral