Knudson and Associates

Lakewood Colorado Immigration Lawyer | U S Citizenship

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Facing criminal charges is a stressful and intimidating experience. At Knudson & Associates, we understand the emotional turmoil and legal complexities our clients navigate when confronting the criminal justice system. Our firm provides robust criminal representation and advocacy within municipal and state county courts for the following types of charges:

Our expertise extends notably to noncitizens, who face potentially devastating immigration consequences from criminal convictions. For these clients and their families, we advocate for outcomes that will minimize the immigration consequences of criminal proceedings.

Whether you’re charged with an alcohol-traffic offense, non-alcohol criminal traffic and licensing violations, other petty or misdemeanor offenses, or navigating the complexities of municipal court proceedings, our firm stands ready to support and guide you through each step of the legal process, ensuring your rights are protected.

Alcohol Traffic Offenses

Misdemeanor traffic offenses involving alcohol (DUI, DWAI, and so forth) can result in jail time, probation, mandatory loss of license, and various “collateral” consequences, including job loss and loss or suspension of certain professional licenses. These offenses can also be very costly in terms of fines, courts costs, probation monitoring and treatment, alcohol monitoring equipment following license reinstatement, and enhanced (SR22) compulsory insurance.

If you are facing an alcohol-related offense, there may be more defenses in criminal proceedings than you might think. Consult with a knowledgeable attorney.

Non-Alcohol Criminal Traffic and Driver Licensing Offenses

If you’ve been charged in a traffic case in Colorado, and at least one of the charges is above the level of a civil traffic infraction, you will be headed to a municipal, county, or district court for misdemeanor or felony proceedings, depending on the type of charge and the location of the offense. Some of the more common offenses of this type include:

  • Driving without compulsory insurance (C.R.S. § 42-4-1409)
  • Careless & reckless driving (C.R.S. §§ 42-4-1401, -1402)
  • Eluding or attempting to elude a police officer (C.R.S. § 42-4-1314)
  • Driving after Revocation Prohibited – Habitual Traffic Offenders (HTO) (C.R.S. § 42-2-206)
  • Driving under Restraint – alcohol related (C.R.S. § 42-2-138)

In addition to the possibility of jail, offenses of this kind can have serious can impact your job and, if you are a noncitizen, can sometimes carry serious immigrant consequences, not to mention driver license suspension or revocation and loss of a commercial drivers license (CDL).

Misdemeanors and Petty Offenses in County Court

County courts in Colorado have jurisdiction over criminal misdemeanor and petty offense charges under state law (Colorado Revised Statutes).  In addition to traffic infractions and offenses, misdemeanors and petty offenses include a wide variety of crimes. Here are just a few:

  • Misdemeanor drug use / possession
  • Theft
  • Assault
  • Harassment
  • Trespass

All these offenses include the possibility of jail time, probation, fines and court costs and collateral consequences, like job loss and impacts on financial licensure. Some of these offenses can also have devastating immigration consequences for noncitizens.

Municipal Traffic and Criminal Cases

Municipal courts abound in Colorado, partly because they bring in significant revenues for cities and towns.[1] In fact, Colorado is home to more than 215 municipal and consolidated county courts.[2]

These courts have jurisdiction to enforce some state laws (mostly non-alcohol-related traffic offenses) and municipal ordinance violations. But don’t be fooled – just because it’s in municipal court doesn’t mean it isn’t serious. Some municipal crimes carry stiffer penalties than corresponding state crimes.

If you’ve been cited or charged in municipal court, beware, you only have twenty-one (21) days following your arraignment or entry of plea to request jury trial and pay a $25 jury trial fee.[3]  If you miss the deadline, you waive the right to a jury trial.[4] Municipal court juries usually consist of only three jurors – but you can request up to six if you meet the jury demand deadline.[5]

Below are links to municipal courts located near our firm’s offices:

If you’ve been charged with a traffic infraction, traffic misdemeanor, or other crime in one of the municipal courts above, or in another municipal court, we can help you understand your options and provide representation.

Colorado Civil Traffic Infractions

Colorado law designates traffic infractions below the level of misdemeanors as civil (not criminal) violations.[6] The good news is that if you are ONLY[7] charged with a traffic infraction, you won’t face the possibility of a jail sentence. The bad news is that you likely won’t benefit from the same procedural protections as a criminal defendant – if you decide to fight your case in court, you’ll probably appear before a magistrate judge who will act as judge, prosecutor, and jury.[8]

Civil traffic infractions include: driving without a license, “simple” driving under restraint, speeding, and many other moving and licensing violations.

The absence of jail time doesn’t mean traffic infractions are harmless, because they can result in license suspension and sometimes loss of a commercial drivers license (CDL).

Department of Motor Vehicle (DMV) Proceedings

The DMV has significant regulatory authority, including the power to take away your driver’s license. DMV identity / fraud investigations can also result in referral for criminal prosecution. DMV investigations are a world unto themselves, with often opaque procedures and expectations. They also come with their own set of often strict deadlines. We have experience with these investigations and can help.

Postconviction Relief in State Court for Noncitizens

Postconviction relief may be available even if you’ve already been convicted of crime. This kind of relief can result in a reduction of sentence, a guilty plea to an alternate (safer) offense, or even dismissal of one or more of the criminal charges. At Knudson & Associates, we have experience successfully obtaining postconviction relief where a noncitizen’s guilty plea was obtained in violation of constitution / law and the faulty plea has immigration consequences for the noncitizen defendant. We are happy to discuss your options with you.

Endnotes:

[1] See, for example, Siân Mughan, Municipal Reliance on Fine and Fee Revenues: How Local Courts Contribute to Extractive Revenue Practices in U.S. Cities, Public Budgeting & Finance / Summer 2020, available at: https://finesandfeesjusticecenter.org/content/uploads/2021/10/Mughan_2020_PBF.pdf (last visited Apr. 4, 2024).

[2] See Colorado Municipal Judges Association website at: https://www.coloradomunicipalcourts.org/courtsincolorado/ (last visited Apr. 4, 2024).

[3] Colorado Municipal Court Rule (C.M.C.R.) 223 (2024).

[4] Id.

[5] Id.

[6] C.R.S. § 42-4-1701(1) (2024).

[7] If your case includes any criminal charges along with the civil infractions, you’ll be on a country or district court criminal docket. C.M.C.R. 223 (2024).

[8] Colorado Revised Statutes (C.R.S.) § 16-2.3-105 (2024).