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What Are the Best Defenses to Theft Charges?
/ 27 December, 2022

Being charged with theft in Colorado comes with severe consequences if convicted. This is true regardless of whether or not the crime is charged as a misdemeanor or a felony. A theft conviction can destroy your career and cause other unexpected consequences.

Conviction of a theft crime can have especially harsh consequences on someone’s life plan and affect their housing options, employment, the ability to start a business, school needs, and professional licensing.

In Colorado, theft crimes are also called “crimes of moral turpitude.” These types of crimes can stigmatize you, and unlike other criminal convictions, like possessing marijuana, theft-related charges negatively impact your personal reputation and character.

To many, theft is considered a more serious crime than others. This is true even if they carry the same potential punishment.

If you plead guilty to a theft crime, even a minor one like shoplifting, you need to seek the help of a legal professional. At the Law Offices of Steven J. Pisani, LLC, we can provide information and answers to any questions you have, such as:

  • What are the best defenses to theft charges?
  • How can I get a petty theft charge dismissed?
  • What evidence is needed to prove theft?
  • Can you be charged with theft if the item is returned?

We will provide you with the answers to any questions you have and help you build a defense against the charges you are facing. Here you can learn more about theft charges and theft defense strategies.

Understanding Theft Crime Charges in Colorado

Theft, also called larceny, is a term that includes many different criminal defenses. The basic elements of theft in Colorado include an action that is done to deprive someone permanently of an item or money.

The law specifically states the following:

That a defendant in the State of Colorado, at or about the date and place charged, knowingly, obtained, retained, or exercised control over anything of value of another, without authorization or by threat or deception and intended to deprive the other person permanently of the use or benefit of the thing of value. 

Theft vs. Robbery vs. Burglary Charges in Colorado

As mentioned above, theft in Colorado includes taking anything of value that belongs to someone else without consent from that person. Depending on the value of the stolen property, theft may be a petty offense, a misdemeanor, or even a felony.

If force, intimidation, or threats are involved in taking property from someone, it is considered a robbery. This is always charged as a felony in Colorado.

A burglary occurs if you enter a property wrongfully to steal something or commit another crime. It is always a felony.

The potential penalties for burglary, robbery, and theft are much more serious than you may expect. They often include several years in prison in Colorado, especially in situations where someone was harmed or if the goal was to obtain any controlled substance.

Potential Penalties for Colorado Theft Convictions

You can find details related to theft in Colorado in Title 18, Article 4 of the C.R.S. The value of the items stolen depends on the possible penalties that you will face and includes the following:

  • If the value of the items stolen is under $300, it is a petty offense in Colorado.
  • If the value of the items stolen is over $300, but under $2,000, it is charged as a misdemeanor.
  • If the value of the items stolen is over $2,000, it is charged as a felony.

While the penalties for a theft conviction start low, they increase quickly as the value of stolen items increases. If the stolen property is worth $1,000,000 or more, then a conviction can result in a prison sentence of 24 years (or more).

Misdemeanor Theft Penalties in Colorado

If you are facing misdemeanor theft charges, the potential penalties include the following:

  • Class 3 misdemeanor: For theft involving over $50 and under $300 worth of goods or merchandise, you can face six months in jail or a fine of $50 to $750.
  • Class 2 misdemeanor: For theft involving over $300 and under $750 worth of goods or merchandise, you can face three to 12 months in prison and fines of $250 to $1,000.
  • Class 1 misdemeanor: For theft involving over $750 and under $2,000, you can face between six and 18 months in jail and fines of $500 to $5,000.

The district attorney prosecuting your case may wish to make the “victim whole.” This means they recover compensation on their behalf. In these cases, you may be ordered to pay restitution. The amount you will be ordered to pay can vary from one case to another, but restitution is on top of additional fines you are issued.

Potential Defenses to Theft Charges in Colorado

The best defense for theft charges in Colorado depends on the arrest circumstances. However, some of the offenses that may be effective include the following:

  • The property belonged to you.
  • Someone gave you the property.
  • You were only borrowing the property.
  • The property was not worth as much as the prosecution is claiming.

Hiring an attorney is recommended in these situations since they can evaluate the charges you face and create a custom defense strategy. This is the best way to get the quality and effective defense you need in these situations.

Hire a Criminal Defense Attorney for Help with Your Criminal Theft Charges

If you are facing criminal theft charges, our criminal defense attorney at the Law Offices of Steven J. Pisani is here to help. We can evaluate your case and help you recover the compensation you are entitled to.

Don’t wait to seek legal counsel as it can help you overcome the charges you are facing. Contact us today for a free consultation.

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How Much Is a Traffic Lawyer in Denver, Colorado?
/ 21 December, 2022

Receiving a traffic ticket is not the end of the world. However, if you are like some drivers, you may not want to give in and just pay the fine. Not only that, but the thought of having to endure traffic school makes you cringe. If this describes you, then there is a good chance you have looked into a traffic attorney near you.

However, before you hire this legal professional, you likely want to know – how much is a traffic lawyer in Denver, Colorado? After all, you do not want to pay more for legal representation than what your ticket is worth, right?

The answer to this is – it depends. Keep reading to learn more about the cost of hiring a Denver traffic lawyer and why hiring this legal professional may be worthwhile.

You can also contact the legal team at the Law Offices of Steven J. Pisani, LLC, for more information.

How Much Is a Traffic Lawyer in Denver, Colorado?

A few factors will impact the cost of hiring a traffic lawyer in Denver. There is no general or average answer to this question.

One factor determining the cost of legal representation is the amount of work your case will take. Many traffic lawyers charge by the hour. This means that the more time your case requires, the higher the fee will be.

However, other lawyers offer flat rates for their services. This can make legal representation more affordable – especially if your case takes more time and effort.

The best way to know what a traffic attorney in Denver will cost you is to call our offices. We can review the basics of your case and provide you with an estimate for our legal services. You can also look at our Denver traffic lawyer reviews to learn more about our services.

Are you unsure if you need the services of a traffic lawyer? If so, learn about some of the benefits of hiring this legal professional here.

They Know What to Look for and Consider

Have you ever heard of a situation where someone got a speeding ticket and then walked away from the situation without losing any money? If so, there is a good chance they hired a traffic attorney to help with their case.

An experienced attorney knows how to help their clients get out of having to pay a ticket. They do this by finding mistakes that the average person cannot.

If you plan to hire an attorney to help fight your traffic ticket, there is a good chance that it will be dismissed at your first appearance in court.

Negotiation Power

When it comes to a traffic ticket, a few things can go wrong. For example, the police officer did not consider all factors when writing your ticket. In this case, your attorney can find the issues and use them to fight for dismissal.

However, what if the officer was careful enough and there were no mistakes to find? You may think fighting the ticket is pointless. You should never jump to conclusions.

Even if there are no obvious issues with the ticket, your attorney can negotiate for you in court to help reduce the ticket. Your attorney may demand concessions since this is your first ticket or you have an immaculate driving record (at least up to this point). They may find some other reason to have your ticket reduced, too. These are all things you probably will not be able to do alone.

Attorneys Know Your Rights

When you try to handle a legal situation alone, you may not know your rights. However, with the help of an attorney, this is not the case.

When you have the services of a legal professional, you can feel confident that someone on your side is fighting for your rights who fully understands your rights. As a result, this will help improve the likelihood that your ticket will be dismissed or, at least, reduced.

The attorney you hire will know how to represent you best when you go before a judge and be able to argue on your behalf. This is all going to be beneficial in the long run.

Hiring a Traffic Lawyer Is Not as Expensive as You May Think

Hiring an attorney to fight a traffic ticket may seem unnecessary. However, it is not.

If it was too expensive, then traffic lawyers would not be a “thing.” In most situations, traffic lawyers offer their services for reasonable rates. It takes much less time to fight a traffic ticket than a felony charge. While it may be hard to believe, hiring an attorney can help you save hundreds of dollars – or more – when it comes to a traffic ticket.

Usually, people who hire an attorney to help fight a traffic ticket wind up paying much less in the long run. You can see the same benefits by hiring an attorney to help fight the traffic ticket you were issued.

Attorneys Help Reduce the Penalties You Will Face

When you receive a ticket, the officer likely believes you will pay the fine and move on with your life. However, fighting the ticket is something that most officers do not expect.

To uphold the ticket that is given, the officer must attend the hearing. If they do not show up, then your ticket will be dismissed. Even if the officer shows up, if you have an attorney, there is a good chance that your case will wind up in your favor.

This is because attorneys know the law and know how to fight the most common tickets that are issued. Because of this, just hiring an attorney gives you the upper hand in these situations.

Prosecutors for traffic tickets know they probably do not have a chance of a positive outcome. Because of this, with an attorney, it is much more likely that you will not have to pay for the entire ticket or any of the tickets. This is the power of hiring an attorney to help fight a traffic ticket.

Hiring an Attorney to Fight a Traffic Ticket Just Makes Sense

As you can see from the information here, there are more than a few reasons to hire an attorney to help fight a traffic ticket.

While you may be concerned about the cost of this, you should realize that, in most cases, the services of an attorney will be less than the cost of a ticket. You must consider all the related costs – the fine itself, the requirement to go to traffic school, and the points on your license. Hiring an attorney is the most affordable option when you add up all the potential costs. In many cases, they will even have the ticket dismissed, which makes the legal services they offer more than worth the small investment you make to hire them.

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What Are the Five Types of Theft Colorado?
/ 20 December, 2022

In Colorado, theft is called a crime of moral turpitude. You can face theft charges for several different reasons and in several ways.

Theft convictions in the state will result in you having a permanent criminal record. This can impact your finances and your career. You must understand the potential theft charges you can face, which will help you avoid them.

If you are arrested for theft, you have legal options. We recommend contacting our legal team at the Law Offices of Steven J. Pisani, LLC, for assistance.

It is also important to note that the theft laws in Colorado cover many different offenses, including shoplifting, theft of services or property, theft by deception, embezzlement, extortion, and theft by receiving stolen goods or property. Here, you can learn more about these crimes and the potential penalties you will face if convicted.

Theft in Colorado Defined

The state of Colorado has a broad definition of theft. While it includes what is generally accepted as theft, like stealing money, vehicles, or property, it also includes the unlawful acquisition of any item of value by deception or threat or knowing that the property is stolen. For an act to be considered theft, the individual being charged with the crime (the defendant) must have the intention of depriving the owner of that property or the use of it permanently or demand that the rightful owner provide monetary compensation (or other compensation) to have it returned.

With this definition, theft includes receiving stolen property, shoplifting, extorting, embezzling, and stealing. According to the law, it is also illegal to intentionally misrepresent eligibility to receive public assistance or benefits.

Like in many other states, the law in Colorado has classified theft as a felony or misdemeanor based on the stolen item’s value. Here you can learn more about the different levels of theft as defined by Colorado Revised Statute 18-4-401.

Petty and Misdemeanor Theft

There are three different levels of petty and misdemeanor theft in Colorado. These include the following:

  • Petty Theft: This charge applies to stolen services or property worth less than $300 and carries potential maximum penalties of ten days in jail and fines of $300.
  • Class 2 Misdemeanor: Applies to stolen services or property valued from $300 to $1,000 and carries a potential maximum penalty of up to 120 days in jail and fines of $750.
  • Class 1 Misdemeanor: Applies to services or property valued at $1,000 but under $2,000 and carries a potential maximum penalty of up to 364 days in jail and fines of up to $1,000.

Grand or Felony Theft

Theft charges will become felonies if the stolen services or goods reach $2,000. There are five classifications of Grand or Felony theft in the state. Are you curious as to what the five types of theft are? If so, find the information here.

  1. Class 6 Felony: Applies to stolen services or property with a value of $2,000 to $5,000 and carries a maximum sentence of 18 months in prison and fines of up to $100,000.
  2. Class 5 Felony: Applies to stolen services or property with a value of $5,000 to $20,000 and carries a maximum penalty of up to three years in prison and fines of up to $100,000.
  3. Class 4 Felony: Applies to stolen services or property with a value of $20,000 to $100,000 and carries a maximum penalty of up to six years in prison and fines of up to $500,000.
  4. Class 3 Felony: Applies to stolen services or property with a value of $100,000 to $1,000,000 and carries a maximum penalty of up to 12 years in prison and fines of up to $750,000.
  5. Class 2 Felony: Applies to stolen services or property with a value of over $1,000,000 and carries a maximum penalty of up to 24 years in prison and fines of up to $1,000,000.

Prior Felony Offenders Face Enhanced Penalties

If someone is considered a habitual felon, which is someone who has been convicted of multiple felonies, then the maximum possible sentence is increased significantly. The specific sentence depends on the person’s prior convictions and the amount of time that has passed between each conviction.

Usually, someone who is a third-time felon will be punished with a sentence that is three times the maximum sentence (as described above).

Shoplifting Crimes and Convictions

Shoplifting is also considered theft in Colorado. The value of the product or item that a person conceals or shoplifts will determine the charges and potential penalties.

If someone is convicted of shoplifting within four years of their third felony theft that involves items taken from a store, they will receive the minimum sentence and not be considered eligible for a suspended sentence or probation.

Get Help with Your Colorado Theft Charges

You likely have questions if you are facing theft charges in Colorado. Common questions we get include:

  • Can you go to jail for petty theft?
  • Can I have my sentence reduced?
  • What is the punishment for theft?

Here you have a basic overview of the answers to these questions. This information will help you know what to expect if you ever face any of these crimes.

Also, if arrested for theft, be sure to contact our legal team at the Law Offices of Steven J. Pisani, LLC, for help and information. We can review the facts of your case and help you build a strong defense. Our goal is to help you achieve the best possible outcome for the charges you are facing.

While there are no guarantees when it comes to criminal cases involving theft, we have years of experience representing clients in similar situations. We can use our experience, expertise, and resources to help you with your situation.

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Can I Be Searched for Drugs on Public Transportation?
/ 07 December, 2022

Seeing the red and blue flashing lights in your rearview mirror can be stressful. Not only are traffic stops frustrating, but they can also result in serious criminal charges.

However, when you are pulled over, you have rights. For example, you can say no if the authorities request to search your vehicle. You should use this right – even if you do not have anything to hide.

While this is true, do you know your public transit rights? Can the authorities search you and your personal property and press charges if they find drugs?

These are good questions and ones you need to know the answer to in case you find yourself in this situation. If you are charged with a drug crime, our Denver criminal defense attorneys at the Law Offices of Stephen J. Pisani, LLC, can help.

Related Article: How To Beat A Drug Trafficking Charge In Colorado

Public Transportation and Your Rights in Colorado

Tax dollars pay for public transit. It is also considered public property. While this is true, you can still refuse to be searched unless the officer has probable cause. This is a right given to you by the Fourth Amendment of the U.S. Constitution.

This right means that authorities cannot search your property or person if they do not have probable cause. Also, if they search you without probable cause, it is considered an “illegal search and seizure.” This evidence is not admissible in court.

When it comes to drug crimes in Colorado, the type of substance and amount you have in your possession is the main source of evidence used during a criminal trial. This means if the drugs have been seized by the authorities illegally, the charges against you will (likely) be dismissed.

Related Article: Denver Criminal Defense Lawyer Explains: Denver’s Drug Laws

How the Fourth Amendment Applies to Situations When You Are on Public Transportation

When riding the bus or another source of public transportation, you have a legitimate expectation of privacy. This applies to your person and your personal belongings.

For example, if you have a clear or see-through bag holding an illicit substance, it is your “personal effects.” Because of this, it cannot be searched without probable cause. This situation does not apply to cases where the drugs are in the open and exposed.

If authorities see drugs in plain sight or if they have another reason to believe you possess drugs (disruptive behavior, odor, etc.), it is probable cause. They can legally search your person or belongings.

It is also possible to face drug charges if the police conduct a search under probable cause for some other crime, like theft.

What You Need to Know. You can legally say no if the police come onto the bus and request to search your belongings. While the situation may be intimidating, knowing your rights will ensure you exercise them in this situation.

Related Article: What Is a Level 1 Drug Felony in Colorado?

Public Transportation, Your Rights, and the Use of Drug Dogs in Colorado

It is not unusual to see working dogs at bus stations and airports. These dogs are specially trained to detect narcotics or explosives. The dogs can be used even if the police do not suspect anyone of possessing contraband.

The exception is once the train or bus has begun moving. At this point, it is not legally allowed to be stopped by a drug-sniffing dog. It is against the Fourth Amendment to delay a bus or another type of transit due to unreasonable suspicion. Therefore, you will typically see dogs working along the lines of passengers who are waiting to board or purchase a ticket.

Related Article: 3 Types of Drug Charges in Denver

What Happens if Authorities Find Drugs on You While on a Bus or Other Public Transportation?

You will probably be arrested if you are caught with drugs on a bus or other public transport in Colorado. While this is a stressful situation, it is recommended that you contact an experienced Denver criminal defense attorney as soon as you can. With the help of an attorney, you can begin to create a strong defense for the charges you are facing.

This is a powerful defense for drugs found because of illegal search and seizure. In most cases, a quality attorney can request for the charges against you to be dismissed.

However, there are other potential defenses to these charges, including the following:

  • You were not in control of the drugs. In drug charges, “control” refers to someone with physical and personal control over the item in question.
  • You did not know about the drugs. It is only illegal to possess drugs when you intentionally or knowingly have control of an illegal substance. The prosecution must prove that you knew the drugs were in your  possession.
  • The drugs were found through an illegal search. As mentioned above, if the police do not have probable cause, they cannot legally search you. If they do, anything they find is not admissible in court.
  • Entrapment by the police occurred. Entrapment is a situation where the police encourage you to commit a crime (this is not common with these cases, but worth mentioning).
  • The drugs were planted on you. Someone put the drugs on your person or in your belongings to result in a criminal charge.

Remember, criminal charges are serious, and the penalties for a conviction are often severe. Because of this, you must find and hire a criminal defense attorney as soon as possible after you are arrested.

Related Article: Most Common Drug Arrest in Denver

Potential Penalties for Drug Possession in Colorado

Unlawful drug possession in Colorado is typically charged as a level 1 drug misdemeanor. If convicted, this charge results in up to two years of probation and fines of up to $1,000.

However, suppose you have over four grams of a schedule I or II controlled substance. In that case, it is charged as a level 4 drug felony, which is more serious and carries more serious penalties. If convicted of this charge, you can face fines of $1,000 to $100,000, six months to one year in jail, and up to one year of parole.

Colorado law states that it is illegal for anyone to possess a controlled substance knowingly.

This law applies to possessing a substance for personal use or simple possession. It applies to all types of narcotics except marijuana.

It is important to note that the specific charges you face will depend on the type and quantity of the drug you are caught with.

Related Article: Prescription Drugs and Drug Charges in Denver 

Contact Our Denver Criminal Defense Attorneys for Help

If you are charged with a Colorado drug crime, you have rights. One right is to seek legal counsel. At the Law Offices of Stephen J. Pisani, LLC, we have years of experience handling drug cases in and around Denver and can help with your case.

The first step is to contact our office to schedule an initial consultation. We will learn about your case and the charges you are facing. Our legal team will begin working to build a solid defense for the charges you are facing.

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Boating and Drinking in Colorado: What Are the Laws?
/ 06 December, 2022

Exploring the more than 2,000 lakes and reservoirs in Colorado is a great way to spend an afternoon, day, or weekend. Being on the water is relaxing and gives you time to catch up with family and friends.

It is not unusual to enjoy a few drinks while on the water; however, Colorado has specific laws related to the consumption of alcohol while on a boat. Knowing what the laws are will help you avoid legal trouble.

You may think drinking while on a boat is “no big deal.” After all, if a collision occurs, the possibility of serious injuries is less than in a car accident. While this is true, it does not mean there are no risks. Some boat accidents can cause serious injuries and may even lead to someone drowning after the impact.

You may face criminal charges if you are involved in a boat accident involving alcohol. If this happens, it is recommended that you contact our criminal law attorneys from the Law Offices of Steven J. Pisani, LLC. We will investigate your charges and help build a solid defense for your situation.

Related Article: 5 Things You Should Know About DUI in Denver

Laws Regulating Alcohol Consumption While on a Boat in Colorado

It is not illegal to take alcohol on a boat. However, it is illegal to operate the boat under the influence of alcohol. In the state of Colorado, these offenses are taken seriously.

Suppose you are caught and arrested for BUI (boating under the influence). In that case, you can face severe consequences upon conviction, including up to a year in jail, up to $1,000 in fines, mandatory community service, and the suspension of your boating privileges.

Before 2008, the legal limit of alcohol you could have to operate a boat was 0.10%. However, this was changed to 0.08% in 2008, making it the same as the range for a DUI (driving under the influence) charge.

Important Rules Related to Boating and Drinking in Colorado

BUI charges are not exclusive to boating. They also apply to Jet Skis, kayaks, canoes, and more. The law states that any watercraft operated by oar, paddle, wind, or motor is considered a boat.

According to today’s laws, all vessels or watercraft being physically operated or controlled by someone under the influence of alcohol can result in BUI charges.

For example, if you operate a non-motorized canoe with a BAC (blood alcohol content) of 0.12% or higher, you will likely be charged with BUI.

BUI and DUI charges are similar but not identical. In Colorado, boats are not considered “motor vehicles.” This is not the case in many other states.

This means that BUI charges are not handled through the DMV and are not influenced by any DUI charges. Also, the points you have on your driver’s license are not impacted by BUI charges.

Related Article: What Are Possible Defenses to DUI and DWAI Charges in Colorado?

When Can the Authorities Stop Your Boat?

With DUIs,authorities must have probable cause to pull you over when driving. While this is true for  boaters, the standards for probable cause are much lower.

Sometimes, a boat is stopped to check the safety equipment on board. If evidence of alcohol or drugs is found during the stop, the authorities have the right to order the operator to submit to a BAC test.

Anyone operating a boat is piloting it. Also, if a boat owner allows someone intoxicated to operate their boat, the owner and operator may face BUI charges. Prior BUI convictions and refusing the BAC test can impact the outcome of a BUI hearing.

Potential Penalties for a Colorado BUI Conviction

The penalties can be severe if you are convicted of BUI in Colorado.

First Offense

For a first BUI conviction, you will face the following penalties:

  • Prohibited from operating a boat for a minimum of three months
  • Jail time of at least five days with a maximum of one year
  • Fines of $200 to $1,000
  • Up to 96 hours of mandatory community service

In some situations, first-time offenders can avoid jail time if they agree to complete a treatment program.

Second Offense

The following penalties apply to your second BUI if you receive it within five years of the first offense:

  • 60 days to one year in jail
  • 60 to 120 hours of mandatory community service
  • Prohibited from operating a boat for one year
  • Fines of $500 to $5,000
  • Up to two years of probation
  • Prohibited from drinking alcohol for up to a year (usually a stipulation of your probation)

If the court orders that you abstain from drinking and using drugs, it also has the authority to monitor the use of these items by any means necessary.

Related Article: Are DUI Checkpoints Legal?

The Potential Impact of Alcohol While Boating

It is important to understand the risks of boating and drinking. While it is illegal to do this, the dangers put you and others at risk while on the water.

Alcohol can impact your judgment, coordination, balance, and vision. These impairments increase the possibility of accidents for you, your passengers, and people in the water or on other boats.

According to data from the U.S. Coast Guard, in boating deaths that involved alcohol use, more than half of the victims had capsized their vessels or fallen overboard.

Many people don’t realize that alcohol use on the water can be more dangerous than on land. Things like the sun, wind, engine noise, motion, and vibration all accelerate the rate that you become intoxicated. These sources of stress can also increase fatigue, which results in a faster decline in your reaction time, judgment, and coordination.

You also must consider experience. Most boat operators don’t have as much experience operating a boat as they do driving a car. In fact, most boaters only have about 110 hours on the water each year. This lack of experience and confidence also increases the possibility of accidents, especially when combined with alcohol use.

The fact is that alcohol has several physical effects that can threaten your safety and well-being while on the water. These include the following:

  • Judgment and cognitive abilities deteriorate, making it harder to make good choices, assess situations, or process information.
  • Alcohol creates a sensation of physical warmth, which may keep you from getting out of cold water, causing hypothermia.
  • Physical performance is impaired, which can impact your balance, coordination, and reaction time.
  • Inner ear disturbances make distinguishing between up and down difficult if you fall in the water.
  • Vision issues like reduced depth perception, poor focus, reduced night vision, and problems telling between different colors occur with alcohol use.

All these issues increase the possibility of a boat accident significantly.

Related Article: What to Expect When Charged with Your Second DUI in Denver

Call a Criminal Law Attorney in Colorado to Help with Your BUI Case

Contact our criminal defense lawyers immediately if you are charged with BUI in Colorado. At the Law Offices of Steven J. Pisani, LLC, we can work to build a strong defense for your case and provide you with the aggressive legal services you need.

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