Colorado Springs Criminal Defense

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002

E-MAIL    ATTORNEY
 


Attorney Business Hours
Attorney Availability Status
FREE INITIAL CONSULTATION
 
Fax (719) 260-1003

CRIMINAL DEFENSE
COLORADO SPRINGS CRIMINAL DEFENSE ATTORNEY

WELCOME
I appreciate your interest
perhaps I will become your attorney
CRIMINAL DEFENSE
COLORADO SPRINGS CRIMINAL DEFENSE ATTORNEY
Colorado Criminal Law Trial Practice 25+ Years in State Courts & Colorado Springs Municipal Court
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
CRIMINAL PRACTICE WEBSITE INDEX RIGHT TO SILENCE SEARCH & SEIZURE
REMEDIAL LINKS COMPLETION FORMS DEFENDANT DEMEANOR WARNING
PROSTITUTION CRIMINAL DEFENSE SEALING CRIMINAL JUSTICE RECORDS
DOMESTIC VIOLENCE CRIMINAL DEFENSE DUI AND TRAFFIC DEFENSE

ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel

 

Colorado Springs Criminal Defense. Felony offenses, misdemeanor offenses, petty offenses, domestic violence, assault, menacing, fighting, violation of a restraining order, criminal mischief, prostitution, pimping, loitering, theft, shoplifting, burglary, impersonation, bad check, embezzlement, drug & paraphernalia charges, obstructing a peace officer, lighted materials on highway, obstruction of telephone, wiretapping, eavesdropping, abuse of telephone, gambling, possession of dangerous weapon, concealed weapon, unlawful possession of weapon, prohibited use of weapons, possession of firearm under the influence of alcohol or drugs - intoxication, complicity, accomplice, bail bond, jurisdictional attack, collateral attack, affirmative defenses, surveillance, statute of limitations, speedy trial, deferred sentence, deferred, sentencing, sentence, probation, sealing criminal records.


RIGHT TO REMAIN SILENT 
NO STATEMENTS 
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

When the police call or drop by, don't talk to them.  
Simply say at the outset that you wish to remain silent & want an attorney.


RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

When the police drop by, don't admit them absent a warrant.  Don't consent to any search.


CRIMINAL DEFENDANT DEMEANOR

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.




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  Criminal Defense Overview

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CRIMINAL LAW DEFENSE
FELONY OFFENSES * MISDEMEANOR OFFENSES
PETTY OFFENSES
* TRAFFIC OFFENSES

 

Domestic Violence Defense Domestic Violence Offenses

FELONY OFFENSES AND MISDEMEANOR OFFENSES
Harassment & Stalking Third Degree Assault,   Second Degree Assault,
Menacing - Felony or Misdemeanor
Violation of a Restraining Order False Imprisonment,
Criminal Mischief Obstruction of Telephone Wiretapping Eavesdropping,
Perjury, False Swearing & False Reporting

*        *        *        *        *        *        *        *

Prostitution  *  Pimping Indecent Exposure  *  Public Indecency
Unlawful Sexual Contact Sex Offender Nuisance  -  Forfeiture  -  Injunction

FELONY OFFENSES AND MISDEMEANOR OFFENSES
Prostitution Prohibited
,   Patronizing a Prostitute,   Prostitute Making Display,
Soliciting for Prostitution,   Pandering Keeping a Place of Prostitution,
Promoting Sexual Immorality, Obscenity

NOTICE:  I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD

*        *        *        *        *        *        *        *

GENERAL CRIMINAL OFFENSES
FELONIES AND MISDEMEANORS

Property and Dishonesty

Theft - Felony & Misdemeanor, Petty Theft & Shoplifting, Trespassing, Burglary, Theft of Rental Property, Aggravated Motor Vehicle Theft, Theft by Receiving, Theft of Cable Service, Giving False Information to a Pawnbroker, Criminal Trespass, Criminal Tampering, Defacing Property, Forgery, Issuance of Bad Check, Uttering a False Instrument, Criminal Impersonation, Altering Identification Number, Bribery, Embezzlement, Unauthorized Use of a Financial Transaction Device, Unauthorized or Fraudulent Use of Guaranteed Check Card or Credit Card, Computer Crime, Gaming Offenses

Crimes Against Person
Manslaughter, Criminally Negligent Homicide, Second Degree Assault,
Third Degree Assault
, Fighting, Menacing - Felony or Misdemeanor Harassment & Stalking,
Violation of a Restraining Order False Imprisonment Criminal Mischief,  Criminal Extortion,
 Misdemeanor Child Abuse, Reckless Endangerment, Violation of a Custody Order, Kidnapping,
Extortion - Blackmail

Drugs
Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V
Unlawful Use of a Controlled Substance
Unlawful Distribution, Manufacturing, Dispensing, Sale or Possession
Offenses Relating to Marihuana or Marijuana Concentrate
Possession of Drug Paraphernalia, Manufacturing  *  Sale or Distribution of Drug Paraphernalia

Government Operations

Obstructing Government Operations, Obstructing a Peace Officer, Resisting Arrest, False Reporting to Authorities, Escape, Violation of Bail Bond Conditions, Perjury, False Swearing & False Reporting, Intimidation of Witness or Juror, Intentionally Setting Wildfire, Foreign Matter on Highway - Littering - Throwing Lighted Cigarette, Cigar or Burning Materials on Highway

Public Peace, Order & Dignity
Obstruction of Telephone Wiretapping Eavesdropping,  Abuse of Telephone, Gambling, Loitering, Dog at Large, Cruelty to Animals, Unlawful Ownership of Dangerous Dog

Firearms & Weapons

Possession of Dangerous Weapon, Unlawful Concealed Weapon, Unlawful Possession of Weapon, Prohibited Use of Weapons, Possession of Firearm Under the Influence of Alcohol or Drugs - Intoxication, Unlawful Discharge of Firearm, Possession of Handguns by Juveniles

Inchoate Offenses
Criminal Attempt, Criminal Conspiracy, Criminal Solicitation, Complicity (Accomplice), Accessory

NOTICE:  I DO NOT ACCEPT ROBBERY, FIRST DEGREE ASSAULT or MURDER
and
I NO LONGER ACCEPT CHILD ABUSE HOMICIDE OR FELONY CHILD ABUSE


DUI - DEAC - DWAI  Defense Indecent Exposure DUI Stop
DUI Sample Defenses Underage Alcohol - aka MIP
Driving Under Restraint Reckless Driving Careless Driving
No Operator's License Compulsory Insurance Speeding Basic Information
Speeding - Nuts & Bolts Vehicular Assault Vehicular Homicide
Misdemeanor Eluding Police Felony Vehicular Eluding Hit and Run Weaving
Infraction vs. Crime   Traffic Cameras

Drunk Driving aka DWI or OWI or OMVUI
MIP includes Sale or Furnishing Alcohol to Minors and 
Furnishing Cigarettes or Tobacco Products to Minors
Driving Under Restraint includes Driving Under Suspension - DUS, Driving under Revocation - DUR,
Driving under Denial - DUD and Driving After Revocation Prohibited - DARP

Careless Driving
includes Careless Driving Resulting in Injury or Death

CRIMINAL & TRAFFIC DEFENSE INCLUDES DRIVER LICENSE DEFENSE
DOR - DMV INDEX
Colorado Department of Revenue, Division of Motor Vehicle driving privilege actions - driver's license suspension, revocation or denial and reinstatement of driving privileges

DMV Addresses and Links Driving Abstracts & Records Driver's License Actions
Colorado Point Structure Red Licenses & Interlock Devices Accident Reports & Forms
Insurance Adverse Actions SR-22 Proof of Insurance Habitual Traffic Offender
  Interstate Compact  

INDEX
WEB PAGES WITHIN THIS WEBSITE

Bail Bond Jurisdictional Attack Affirmative Defenses
Technological Surveillance Collateral Attack Statute of Limitations  *  Speedy Trial
Deferred Sentencing Criminal Sentencing Sealing Criminal Justice Records
  Infraction vs. Crime  



FIND A LAWYER ANYWHERE


 
  Criminal Defense Overview

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REMEDIAL QUICK LINKS
refer to links for information

 

Educational Classes
DUI * MIP * traffic safety * petty theft * domestic violence * anger management * conflict resolution
Public Service - Victim Impact Panel
Alcohol or Drug Assistance - Mental Health - Safe House
DMV Forms - Colorado Accident Report - CSPD Accident Cold Report

 

ALCOHOL EDUCATION AND THERAPY TREATMENT AGENCIES

ALCOHOL TREATMENT

ALCOHOL EDUCATION CLASSES - DUI, DEAC or DWAI

NON DRIVING ALCOHOL EDUCATION CLASSES - MIP

PETTY THEFT CLASSES

ACCIDENT REPORTS & DMV FORMS

COMPLETION CERTIFICATES

TREATMENT AGENCIES
DOMESTIC VIOLENCE CLASSES
ANGER MANAGEMENT * CONFLICT RESOLUTION

STD - HIV AWARENESS CLASS
Prostitution

Local Class utilized by Colorado Springs Municipal Court

INDEPENDENT SERVICE PROVIDERS

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

PROCESS SERVICE

PRIVATE INVESTIGATION LABORATORIES

DO I NEED AN ATTORNEY?
Are prosecutors concerned with their statistics?

 
       Do I need an attorney?

In most criminal cases it's probably time to loosen the pocket book and hire a defense attorney.

Criminal charges can have long term consequences, even beyond the presumptive sentencing ranges of which a defendant may be aware.  You need not retain my services, but hire counsel.




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  Criminal Defense Overview

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ATTORNEY'S FEES AND COSTS
CRIMINAL DEFENSE
Secure On-Line Payment

        At the time of your first visit, you will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.

        In my primary website I have included a web page devoted to clear definition and understanding of free first consultation, fees and costs, retainer agreement and terms of representation.  Please refer to the following links.

FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
HOURLY vs FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
FEES & COSTS SECURITY TRUST ACCOUNT WITHDRAWAL - TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION  NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

ELECTION. In most circumstances, I initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Offered fee options will be up to the client, however client's initial election will be final.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only.  Attorney reserves the right to decline any case.

POTENTIAL FEE QUOTE
CRIMINAL DEFENSE
SETTLEMENT
FLAT FEE
deduct from trial flat fee
$TBD
  
TRIAL
FLAT FEE
deduct settlement fee
$TBD
 

Due to the fact criminal or traffic charges may vary so widely between felony offense, misdemeanor offense, petty offense, traffic offense or traffic infraction, it is not possible to ballpark estimate fees or costs without knowing more about the criminal charges, allegations and surrounding factual circumstances.  That is the purpose of a free initial consultations

$TBD To Be Determined

trust deposit request regarding fees & costs

Fees and anticipated costs for some more predictable cases have been quoted in the relevant topical pages of primary website.  These may be accessed through the Primary Website Criminal Law Gateway.

Fees and anticipated costs for some DMV license actions have been quoted in the relevant DMV topical pages of primary website.  These may be accessed through the Primary Website DMV Gateway.

Please refer to the Restraining Orders page for information regarding proceedings and Fees - PRO Proceedings at any Permanent Restraining Order (PRO) hearing.

 

PAYMENT
Secure On-Line Payment

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
settlement
common
trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
 

OR
$        TBD  
$       
TBD  
$
TBD*
 

 
 
 
 
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
$        TBD  
$       
TBD  
$
TBD*
 

 

 
criminal charges
* this shall not constitute an offer, nor be construed as a binding estimate

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
payment not received as agreed = representation withdrawn

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
 
 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
e-Filing availability and court mandatory requirements
litigation costs fluctuate - not within attorney control
costs change & below cost information may be obsolete
COLORADO STATE COURT WEBSITE
link to Colorado Judicial Branch website -  current costs
COLORADO STATE COURT COSTS
CRIMINAL & TRAFFIC COURT COSTS
County Court
CRIMINAL COSTS
District Court
CRIMINAL COSTS
$135.00   Toxicology - BAC Ethanol (alcohol) only
185.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative)
95.00   Toxicology - UA qualitative toxicology screen for marijuana
620.00   Toxicology - UA quantitative toxicology screen for marijuana
545.00   Toxicology - Substance quantitative toxicology screen for marijuana
595.00   Toxicology - Qualitative and quantitative drug screen
720.00   Toxicology - BAC ethanol (alcohol) + NaFl (preservative) + drug screen
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report
20.00   Offense Report
10.00   DA Office discovery packet - estimate (actual may be more or less)
10.00   Local court archive records search fee (actual may be more or less)
10.00   Court records search & copy costs (actual may be more or less)
30.00   OJW fee to court (outstanding judgment warrant)
2.20   DMV admin hold release fee (OJW - outstanding judgment warrant)
500.00   Private Investigator initial retainer - if relevant
     variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

If the case is complicated, it may be prudent to place law enforcement 911 * dispatch tapes and records, plus other law enforcement records under subpoena duces tecum.  Expense will depend upon the amount of time the law enforcement agency spends searching dispatch tapes and records, but total expense frequently runs $140 - $200.

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 

Cheer up. Life gets better

Thank you for considering my services; I appreciate your inquiry.


ATTORNEY REPRESENTATION
AND DECLINED MATTERS
 

NOTICE:  I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD