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30 January, 2023If you are convicted of DUI in Colorado, it will likely impact your life in many ways. One way is by making it more challenging to get a job.
Some employers will not hire someone who has a DUI conviction on their record. Even if they do hire you, you must disclose your conviction to your employer, which may limit your job options and opportunities. It can also cause you to be passed over for a position you would easily qualify for without this conviction.
In some situations, a DUI conviction can cause you to lose your current job. For example, if you have a job where you drive, a DUI can make you ineligible to keep working in that position.
If you have been convicted of a DUI in Colorado, it is important to understand the implications of the conviction better and to be honest about the situation with current and potential employers.
If you are facing DUI charges, contact the Law Offices of Steven J. Pisani. We can help defend your case and protect your employment options.
The answer to this question is – it depends. Some employers will want this information, but it often depends on what position you are applying for. For example, disclosing the information is important if the job requires a clean driving record. However, there are other positions where the conviction may not directly impact your performance or ability to work.
Regardless of if the position requires driving, if an employer asks if you have prior convictions, disclosing a DUI is necessary.
No law in Colorado requires an employee to disclose their driving record to their employer. While this is true, some employers may request this information as a condition of their employment.
If you do not know if your employer requires this information, you should ask someone in the human resources department.
There is a significant difference in accusations and convictions.
Convictions occur if someone is found guilty of a crime in court. An accusation occurs if someone has been accused of a crime but not proven guilty (yet).
Sometimes, the terms are confused and used interchangeably. However, these are different.
A conviction is based on testimony and evidence presented in court. A judge or jury will determine if someone is guilty or not. On the other hand, accusations are based on hearsay or suspicion and have not been proven in court. In some situations, accusations are made without evidence to back them up.
In the state of Colorado, a DUI conviction is not always automatically eligible for expungement. However, there are some circumstances when DUI convictions can be expunged. One way is if the DUI occurred over seven years ago, and the person has not been convicted of other crimes in that period. In this case, expungement may be possible.
Also, if someone convicted of DUI completes a treatment program successfully and demonstrates good behavior, the court is more likely to issue an expungement.
If you are facing DUI charges, it is smart to hire an attorney to help with your situation. DUIs are serious offenses, and you need an experienced and knowledgeable attorney to help you navigate through the legal system.
At the Law Offices of Steven J. Pisani, you will have an attorney who can help you understand the charges against you and help you develop a strong defense strategy. Our team will negotiate with the prosecution for you and provide representation in court. Contact us today for a free initial consultation.
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04 January, 2023The state of Colorado has the third highest rate of auto theft in the country. While extensive efforts are in place across the state to help combat this crime, it is still prevalent in many areas.
If you are arrested for this crime, you may wonder, “Is vehicle theft a felony in Colorado?”
This is a good question and one that does not come with a black-and-white answer. The charges and potential penalties you face for auto theft depend on several factors. Contact our car theft lawyers to learn more.
In Colorado, auto theft is prosecuted as aggravated motor vehicle theft. If you are arrested for stealing a vehicle in the state, you can face first-degree or second-degree auto theft charges.
If you are wondering, what is the minimum sentence for grand theft auto in Colorado, you are in the right place.
You will face this charge if you knowingly steal a vehicle without authorization or use deception or threats. Additionally, you have:
You can face this charge if you knowingly steal a vehicle without authorization or use deception or threats. However, this charge applies if none of the listed elements above are involved.
First-degree theft of a motor vehicle in Colorado is always a felony charge.
Since it is a felony, it comes with a driver’s license revocation of one year. The fines are assessed, and the prison sentence depends on the value of the stolen vehicle.
The potential penalties for stealing a vehicle based on value include the following:
If the vehicle’s value is under $20,000, it is charged as a Class 5 felony. If convicted, you face a potential penalty of one to three years in prison, a two-year mandatory parole term, and fines of $1,000 to $100,000.
If the vehicle’s value is between $20,000 and $100,000, it is charged as a Class 4 felony. If convicted, the potential penalties for this crime include a prison sentence of two to six years with a mandatory three-year parole term and fines between $2,000 and $500,000.
If the vehicle’s value is $100,000 or higher, it is charged as a Class 3 felony. If convicted, the potential penalties for this crime include a prison sentence of four to 12 years with a mandatory five-year parole term and fines between $3,000 and $750,000.
An important note Is that if you are convicted of auto theft a third time, regardless of the vehicle’s value, it will always be charged as a Class 3 felony. This crime carries a potential punishment of four to 12 years in jail with a mandatory parole term of five years. You will also face fines of $3,000 to $750,000.
The potential penalties for a conviction of aggravated motor vehicle theft in the second degree can be either a misdemeanor or felony based on the vehicle’s value.
If the value of the vehicle stolen was less than $2,000, it is charged as a Class 1 misdemeanor. If convicted, it carries a jail sentence of up to 364 days and fines of up to $1,000.
If the value of the vehicle stolen ranges from $2,000 to under $20,000, it is charged as a Class 6 felony. If convicted, it carries a jail sentence of one to one and a half years and a mandatory parole term of one year. You will also face fines of $1,000 to $100,000.
If the vehicle’s value is more than $20,000, upon conviction, you face a prison sentence of one to three years and a mandatory parole term of two years. You will also face fines of $1,000 up to $100,000.
If you are facing auto theft charges in Colorado, you may have more questions. Some of the questions that may be asked and answers are found here.
If you discover your car is stolen, make sure you are somewhere safe. The thief may still be around, and they may have a weapon.
Once you are sure you are safe, contact the authorities. Let the police know your vehicle has been stolen and provide any information you can about it. Some details to include in your report include the following:
Once you contact the authorities, file a claim with your auto insurance provider. You may also want to contact the Colorado DMV (Department of Motor Vehicles).
If your vehicle was leased or financed, be sure to notify the leasing company or lender. For situations where you had personal property in the vehicle, you can file a claim with your renter’s insurance or homeowner’s insurance policy.
Sometimes, vehicle owners leave their credit and debit cards in their vehicles. If this is the case, be sure to notify your creditors so they can watch for unauthorized purchases or cancel the cards so they cannot be used.
Some of the vehicles that are most reported stolen in Colorado include the following:
In some situations, the vehicles are stolen for the parts, especially the catalytic converters.
From 2017 to July 2022, there have been arrests for just 10 percent of car thefts in the state of Colorado. This means that if your car is stolen, the possibility of recovery is minimal.
If you have had questions like, “what is the difference between grand theft auto and auto theft,” you should have found the answers here. However, if you are in this situation, you may feel confused, overwhelmed, and even scared.
While this can be difficult, you must try to remain calm, take the right steps, and avoid some of the most common mistakes.
When you are arrested, you may be tempted to tell your side of the story. This is not a good idea. Not only will it not work, but you may say something that the police can use against you.
Instead, provide basic information, such as your name and home address, and then invoke your right to remain silent. This will ensure you do not say something that may be used to get a conviction for the crime you have been charged with.
You should not wait to contact an attorney. If you are charged with vehicle theft, you need someone to represent your interests and rights. The sooner you contact a lawyer, the sooner they can gather evidence for your case.
You may be tempted to share what happened on social media or even talk about it in the messenger app. This is also a bad idea. If found, anything you say here can be used against you. It may hurt your case and ability to minimize the charges you are facing.
Knowing what to expect is a good idea if you are facing vehicle theft charges in Colorado. The information here provides a good overview of what penalties you may face if you are convicted.
If you have more questions about the situation, such as, “What level of felony is grand theft auto,” contact the Law Offices of Steven J. Pisani. Our legal team can review the facts of your case and get to work right away to help reduce or eliminate the charges against you.
We are here to help and will provide you with the aggressive defense you need for your case. Contact us today to set up an initial consultation to discuss your situation.
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03 January, 2023It is against the law to possess, use, manufacture, or sell certain drugs and controlled substances in Colorado. If the authorities catch you doing any of these things, you may face significant penalties that can impact your life in many ways.
If you are arrested for a drug crime, it is smart to contact our drug crime lawyer at the Law Offices of Steven J. Pisani. You can also learn more about Colorado drug sentencing guidelines here.
Before diving into what drugs are illegal in Colorado, it is important to know what is allowed. The most common legal drug people think of in Colorado is marijuana. However, just because it was legalized for recreational use does not mean it is a “free for all” in the state. There are still rules and regulations that must be followed.
In Colorado, anyone over age 21 can possess one ounce (28 grams) of marijuana. Individuals under the age of 21 are prohibited from possessing any amount of marijuana. Also, you cannot have marijuana on property owned by the federal government. Included in these properties include HUD housing, Veterans Administration, post offices, airports, courthouses, and National Parks.
There are other drugs besides marijuana that are legal in the state too. More about these is below.
While several drugs are now legal in Colorado, many are still considered illegal and defined by law as controlled substances.
Schedules categorize all controlled substances, and five schedules indicate the drug risk level for misuse and addiction. The purpose of the schedules is to make it easier to understand what charge someone will face if found with an illegal substance. This is because drug charges are partly based on the drug and quantity someone has.
The schedule goes from I to V, with one being the drugs with the highest risk of abuse and no known medical use, to V, which contains the least serious controlled substances. Being convicted of a Schedule I drug crime carries the most severe penalties.
Each schedule is defined here:
Substances classified as Schedule V drugs that contain some narcotics like cough syrup made with codeine. However, these medications also have a high medical use and value and a low risk of addiction. Because of this, they come with minor penalties (compared to the others).
Schedule IV drugs include prescription medications like Valium, Ambien, and Xanax. These drugs have a higher potential for abuse but also have medical value. The potential penalties for distributing or using Schedule IV drugs are more severe than those for Schedule V drugs.
Substances classified as Schedule III drugs are those typically found in combination products. Examples include Vicodin and non-narcotics like anabolic steroids, ketamine, and testosterone. While the drugs still have medicinal value, they are more addictive, and the penalties are more severe.
Schedule II drugs have some medicinal uses; however, there is also a higher risk of abuse and addiction. Some of the drugs classified as Schedule II substances include methamphetamine, morphine, codeine, fentanyl, amphetamine, and oxycodone. The penalties can be severe if you are charged with a drug crime related to these substances.
Schedule I drugs have no medical use and high risk for abuse. Charges associated with Schedule I drugs come with more serious penalties than others. Some of the drugs classified as Schedule I include heroin, MDMA, methaqualone, and LSD.
Part of the reason drug laws and drug sentencing guidelines are so complicated in Colorado is that they have undergone several changes in recent years. One example of this is House Bill 19.1263. This bill decriminalized the possession of some Schedule I and Schedule II drugs in small amounts.
If you are found in possession of four grams or less of Schedule I or Schedule II drugs, you only face misdemeanor charges rather than a felony. The goal of this was to give defendants the option to seek drug treatment for addiction instead of them being sentenced to jail.
While this is true, the misdemeanor drug charge in Colorado is still serious. You can face jail time and significant fines if you are convicted. Even though this is the case, you can still get help rather than facing criminal charges.
Even while there have been changes to the law in Colorado, it is still considered illegal to have any level of GHB or Rohypnol in your possession.
There are three main drug offenses you can be arrested for in Colorado. These include the following:
Using controlled substances in Colorado is usually charged as a level II misdemeanor. There are exceptions to this. If you are caught taking a prescription medication without a valid, doctor-issued prescription or not as prescribed, or using marijuana or medical marijuana outside of your residence, then the charge will likely be more serious.
If you are over 21, you can legally possess one ounce of marijuana. Most other controlled substances are prohibited by law.
Three types of possession can be charged in Colorado, which includes the following:
You will face criminal charges if you are found in possession of a controlled substance beyond what is considered legal. The level of the charge depends on your drug and how much you have.
If you are caught manufacturing or selling drugs in Denver as well as the rest of the state, it can be charged as a misdemeanor or felony. The charge you face depends on several factors, including the following:
Felony charges related to drugs in Colorado are typically limited to selling or manufacturing narcotics. There are four different felony drug charges in the state, which include the following:
If you are charged with a level I felony, it is the most serious drug offense. You will face this charge if the following apply to your situation:
If you are convicted of a Level I drug felony in Colorado; the penalties include fines of up to $1 million and up to 32 years in prison. If aggravating factors are involved, then the minimum prison sentence is 12 years. In Colorado, aggravating factors include the following:
A Level II drug felony in Colorado is still a serious charge. However, it does not come with as serious penalties as a Level I charge does.
Common crimes related to a Level II felony include selling over 14 grams of a Schedule I or II substance or distributing or selling materials that can be used for manufacturing a controlled substance. It also applies to the unlawful production of methamphetamine or amphetamine.
Potential penalties for Level II drug felony convictions include eight years in prison and fines of up to $750,000. If there are aggravating factors (listed above), then the maximum prison sentence will be 16 years.
A Level III drug felony is a serious charge. It will be charged if you are found selling over 14 grams of a schedule I or a schedule II substance. It also applies to situations where you sell or distribute materials used for manufacturing a controlled substance or possessing any material illegally to create methamphetamine or amphetamine.
Potential penalties for a Level II drug felony include up to eight years in prison and fines of up to $750,000. If aggravating factors are present, then the jail sentence extends to a maximum of 16 years.
If you are found selling 14 grams of a Schedule I or Schedule II drug, then you will face a Level III drug felony. This is the case if they are found distributing an imitation of any controlled substance to a minor. This crime comes with penalties of four years in prison and fines of up to $500,000. If aggravating factors are involved, the sentence can increase to six years.
If you face this charge, then the penalties are much more severe. If you are caught selling four grams or less of any controlled substance or the possession of ketamine or GHB will result in this. You will face up to 12 months in prison and fines of up to $100,000. When aggravating factors are present, the maximum sentence is two years.
In Colorado, there are two types of drug crimes charged as misdemeanors. These include the following:
Crimes like possessing over six ounces of marijuana or illegally possessing a schedule III or IV drug will be charged as misdemeanor offenses.
If convicted of this charge, you can face fines of up to $5,000 and a prison sentence of 18 months.
Some drug crimes are level II misdemeanors. This includes those who have over two (and under six) ounces of marijuana or abuse toxic vapors. This crime may also be charged for the advertising of drug paraphernalia or the illegal use of any controlled substance.
Penalties for this crime, if you are convicted, include fines of up to $750 and a year in prison.
As you can see, Colorado has serious penalties for drug crime convictions. If you are in this situation, be sure to contact our Denver drug lawyer at the Law Offices of Steven J. Pisani. We are here to help you with any issues you face and ensure you get the best possible outcome for your drug charges.
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