Month: June 2021

What does the new Colorado Felony Drunk Driving Bill mean for me?  Triple L Law answers…

The DUI Felony bill, Colorado House Bill 1043 passed the State Senate on May 6, 2015 and headed for the desk of Governor John Hickenlooper.  If he does has he previously indicated, Gov. Hickenlooper will sign the bill and Felony DUI will become a reality.   Colorado will then join the vast majority of other states in having a higher penalty for repeated drunk drivers.  So, what does this really mean?

The new Felony DUI will charge people who have three or more prior DUIs, DWAIs, vehicular homicides, or vehicular assaults with a new class 4 Felony DUI.  Prior to its passage, a Coloradan could only be convicted of misdemeanor DUI, no matter how many priors they possessed.  Now, the fourth DUI is a felony.  These prior DUIs can be from Colorado or from any other state and it DOES NOT MATTER HOW OLD THESE CONVICTIONS ARE.  If you picked up 3 DUIs when you were 20 years old and didn’t get another one until 40 years later, you would still be facing a felony now.  Triple L Law is here to help!  It is possible to challenge older DUI convictions and out-of-state DUI convictions to make sure the crimes match current Colorado law and that the previous convictions were properly documented. 

By making a fourth DUI a felony, the legislature is drastically changing the penalties for DUI to standard F4 penalties.  This means 2-6 years in prison if a Defendant is sentenced to prison.  That 2 years is a minimum if a Defendant receives prison time as a result of a conviction.  However, the bill does not require prison time and in fact requires that a court make a specific determination as to whether incarceration is the most suitable option.  You need an aggressive, experienced Colorado Criminal Defense Attorney at Triple L Law to fight to make sure you don’t go to prison on this new offense!

One thing to keep in mind with a new felony DUI.  Felonies are subject to Habitual Counts or Repeat Offender Charges.  These change the penalty range based upon other felony (including non-DUI related) convictions and can greatly increase the penalties of a felony DUI.   While we don’t know how often prosecutors will use these tools, they are frequently used in other jurisdictions.  When I was a prosecutor in Texas, I frequently saw the incarceration range change from 2-10 years for a felony DWI Third all the way to 25 years to 99 years prison based on Habitual Counts.  You need an experienced Colorado Criminal Defense Attorney at Triple L Law who knows what they are doing!

One thing that makes Colorado different than so many other states with a felony DUI law is the inclusion of Driving While Ability Impaired (DWAI) as a prerequisite offense for felony DUI.  DWAI is the lesser DUI in that it only requires a Blood Alcohol Content (BAC) of .05 to .08 or the slightest degree of impairment.  This means that getting a case reduced from DUI to DWAI for would not be helpful in saving a person from getting a felony DUI should they pick up more offenses.  It is now more important than ever to have a lawyer ready, willing, and able to go to trial on your DUIs to fight for your rights.

This new felony law is NOT the same thing as a Persistent Drunk Driving designation or PDD.  PDD applies to those who either have a BAC over .15 or refuse to take the tests.   PDD also applies if you have been convicted of or had your driver’s license revoked for two or more alcohol related driving violations.  PDD then increases certain penalties you would receive as a result of the latest arrest.

If you are facing a felony DUI arrest, contact Triple L Law immediately!!  Every moment you wait is a moment wasted in your extremely important defense!

I’ve just been arrested! Now, what do I do?

STOP TALKING! The first thing you do is shut your mouth. I can’t count the number of people who’ve talked their way into a conviction just by talking too much. You have the right to remain SILENT. Use it! You have to tell the police your name and basic biographical information. Be nice about it. Rudeness never helps anything and the police are just trying to do their job. Whatever, you do, don’t be a jerk to them. Even if you think they are being a jerk to you. But, politely, refuse to answer any questions without your attorney there. Call a Criminal Defense Attorney right away!

Remember, police can say whatever they want to you. They can lie to you and claim to have all sorts of information they really don’t have. It’s a common interrogation technique. If you were the police, wouldn’t you use it to see if someone confessed? Call a Criminal Defense Attorney right away!

No matter what they say, the police cannot cut you a deal. They can promise to intercede with the prosecutor all day long but only the prosecutors can cut deals. Call a Criminal Defense Attorney right away! Let your attorney work out any deals! Trust me. The time for deals is when the case is in front of a court. NEVER, EVER, EVER does anyone get a better deal at the police station or on the side of the road.

If you’re being investigated, you’re almost certainly going to jail. If you’re arrested, you’re definitely going to jail! Think about it! The standard to arrest is very low; it’s probable case. That means that they think you did it and they have an idea of how. That’s it! Conviction by a jury is beyond a reasonable doubt. That is a much, much higher standard. So, if you were a police officer, you’d arrest someone even if you’re just a little sure and then try to get them to confess right? Once they have a confession, the case is more often than not, over!

I’ve never seen anyone talk themselves out of going to jail in all my years as a prosecutor. I’ve seen lots of people talk themselves into a conviction!!

Call a Criminal Defense Attorney right away!

Once you’re at jail, don’t talk to anyone!!! Do you really think other inmates have your best intentions at heart and aren’t looking for a confession to give to the DA to get a better sentence themselves. You’ll get a hearing and, usually, except for certain crimes and circumstances, you’ll get bonded out. Then you need an attorney. FAST. The clock starts ticking immediately and the longer you wait, the more of a head start you give the prosecution. Call a Criminal Defense Attorney right away!

And don’t let them search anything either! Warrants are required for a reason. If they say they can get a warrant, say “Great, I’ll wait.” If they can get a warrant, they will. Make them do it. If you give them consent to search, you just tied one of your attorney’s arms behind their back.

So, I don’t really need a lawyer do I? It’s just a simple case and I want to plead guilty anyway.

Would you perform on yourself without a doctor because it’s simple?

Would you build a bridge for your road without talking to a construction worker?

You might but I’d stay far away. Simply put, you don’t know what you don’t know. You want someone who knows the little things that seem stupid but make or break a case. You want an expert who has done this hundreds and thousands of times just to look at your case and see what can be done. Attorneys are expensive. There is no getting around that. Sometimes, an attorney can do very little for you. Sometimes, you’ve given the prosecution a perfect case and the best bet is to get the best deal possible. But, YOU NEVER KNOW UNTIL AN EXPERT HAS REVIEWED YOUR CASE. You don’t know all of the evidence the prosecution have. You don’t know if the police made a tiny error that will be fatal to your case. Unless you’ve tried hundreds of cases, you don’t know what a jury will do. Even the experts don’t always know. But I’d rather have an expert on my side. How about you?

Call a Criminal Defense Attorney right away!!! You need the best and the most passionate advocate on your side. Don’t Wait!!

You only get one shot at getting a criminal case right! Do you want to take that shot without the best possible lawyer on your side?

Do you want the best? Then call Jake Lilly today!

Have you been arrested for a crime in the Front Range and Denver area? If so, you are probably very nervous about what the future might bring, and YOU SHOULD BE!

The state has excellent prosecutors on their side and you need THE BEST on your side. Coming in second doesn’t count in this race. You need a defense attorney who knows how to fight! You know a defense attorney who knows how it works! You need a defense attorney who will be totally upfront with you, even when the news is bad!

Thousands of cases of experience! Over 120 trials! State, Federal, and Military Prosecutor! Little crimes to huge crimes! Jake Lilly has done it all! He learned how to fight in Iraq! And now Triple L Law will fight for you! You need a passionate advocate! You need a fighter!

Once you’ve been arrested for a crime, the state has decided that you are a criminal. That can haunt you for the rest of your life. They can take away your life, your liberty, and your hard earned money. At this very moment, your future and your freedom are hanging by a thread and you need the best Colorado criminal defense lawyer you can find. Who you choose to represent you during this critical time in your life is extremely important and this cannot be stressed enough. The last thing you want to do is choose an inexperienced or overburdened defender who isn’t emotionally invested in your case, and who sees you and your case as just another number in the revolving door of criminal cases.

At Triple L Law, you and your case are treated with the respect, care and compassion that you deserve. We’ve seen everything there is to see in life and understand nothing is ever as black and white as it seems. We understand that there are additional facts that the police don’t know about or don’t care about. We understand that there are explanations and sometimes, the police just get it wrong. There is always more to a case than what is in a police report. There is always more to a person than just an arrest for a crime that sounds awful!

As a former military, federal, and state prosecutor turned criminal defense attorney, Jake has the knowledge, insight and experience to understand how the “other side” thinks and acts. We will make one promise up front to you and only one; Jake will fight with all that can be done for you. We don’t promise a victory, a not guilty or a dismissal and you should be wary of any attorney that does. We promise to always be upfront with you and give you the absolute best legal advice, even when it’s hard to hear. We promise to always keep you informed and to fight for what is best for you. There are lots of attorneys out there and picking the one you trust is the most important. You need to trust that your attorney knows every bit of the law and possible strategies out there. You need to trust that your attorney has the experience to know what to do. You need to trust that your attorney will fight for you. And you need to trust that your attorney will always tell you what is best, regardless of it iss good news or bad news. Triple L Law will earn that trust from you! Check us out!

You don’t get a second chance at picking the right attorney! Every minute you hesitate is more time for the state to build its’ case against you! Call now! Put Triple L Law in your corner and find out how much an experienced fighter is worth!