Law Office of Kimberly Diego Criminal Defense

Arson

Arson can be both a federal and state crime. In Colorado, first-degree arson is a class 3 felony. An individual has committed first-degree arson when they “knowingly set[s] fire to, burn[s], cause[s] to be burned, or by the use of any explosive damages or destroy, or cause[s] to be damaged or destroyed, any building or occupied structure of another without his consent.” Second-degree arson is a class 4 felony if the damage is more than $100, and a class 2 misdemeanor if the damage is less than $100. Second-degree arson only applies to property belonging to another, other than a building or occupied structure. Third-degree arson is a class-4 felony and occurs when a person, by means or fire or explosives, intentionally damages any property with intent to defraud commits third degree arson. Fourth-degree arson can be either a class 4 felony or a class 2 misdemeanor (if no person is endangered and the value of the property involved is less than $100).If you, or a loved one, is being investigated for an arson crime, or has already been charged with an arson crime, then you need to hire an experienced arson trial attorney who knows how to defend you from this charge. Call Kimberly now at (720) 257-5346 for a FREE 45 min consultation in reference to your Arson charges. - See more at: http://www.diegocriminaldefense.com/practice-areas/arson/#sthash.tdukSjEf.dpuf

Assault

Denver criminal defense lawyer Kimberly Diego is a highly skilled defense attorney who can defend clients charged with assault in the Denver metro area, or anywhere in Colorado. Attorney Diego understands how to assess and exploit the weaknesses in the prosecution’s case, so as to reduce penalties or defeat charges altogether in your case. Colorado law provides for multiple kinds of assault: assault in the first degree, assault in the second degree, assault in the third degree. First degree assault is the most serious kind of assault, and third degree assault is the least serious. Regardless of the type of assault with which you are charged, any assault charge is serious and you should consult with a Denver criminal defense attorney experienced with handling assault charges immediately. - See more at: http://www.diegocriminaldefense.com/practice-areas/denver-assault-defense-attorney/#sthash.5iyfnL3z.dpuf

Bench Warrants

A bench warrant is an order issued by a Judge for the arrest of an individual. If an individual has failed to appear in Court in either his own case or another case in which he has been subpoenaed to appear as a witness, the Judge may issue a bench warrant ordering their arrest. Also, a bench warrant may be ordered when a defendant does not pay his fines or comply with bail or probation conditions, or when the defendant picks up a new case while out on bond on another case. A bench warrant authorizes law enforcement to locate and arrest an individual, and bring them before the issuing judge to answer the charge of contempt. If you have a warrant issued due to your failure to appear in a traffic matter, an OJW hold will be placed upon your license and your privilege to drive will therefore be suspended. Until the warrant is cleared in your case and an OJW fee is paid, and an OJW clearance letter sent to the DMV, you will be unable to reinstate your driving privileges and will face charges of driving under suspension if you are pulled over. If there is a bench warrant for your arrest, you should consult with a defense attorney at your earliest convenience. A defense attorney may, in certain circumstances, be able to file a motion with the Court asking that the warrant be vacated and that a court appearance be set, thus negating the need for you to turn yourself in and go into custody. If you reside out of state, your attorney may be able to have your presence waived at any subsequent court appearances in the matter. In other circumstances, your presence may be required, but the presence of an attorney may assist in mitigating your situation upon your appearance and possibly vacating the warrant at that time without the inconvenience of an arrest. - See more at: http://www.diegocriminaldefense.com/practice-areas/bench-warrants/#sthash.r4TADu4t.dpuf

Burglary

There are three types of Burglary in Colorado: first degree burglary, second degree burglary, and third degree burglary. First degree burglary is either a class 3 or class 2 felony, second degree burglary is either a class 4 or class 3 felony, and third degree burglary is either a class 5 or class 4 felony. Second degree burglary becomes first degree burglary when the perpetrator increases the risk of deadly or bodily harm to an occupant or other person present by possessing a deadly weapon such that he knowingly places or attempts to place such person in fear of serious bodily injury or intends to and does cause serious bodily injury to any person. The defendant is considered to be armed with a deadly weapon if the weapon is easily accessible and readily available for use by the defendant. If the defendant steals a deadly weapon and thereby becomes armed with a deadly weapon, the burglary is elevated to first degree – without any requirement that the prosecutor show that the defendant assaulted or menaced anyone with that weapon. The prosecution must establish that the defendant did not have a lawful right to be inside the building in order to make their case. Third-degree burglary involves the breaking and entering not into a building, but into a vault, safe, cash register, coin vending machine, coin telephone, or other apparatus. “Other apparatus” means something similar to a vault or safe. However, an unsecured and unlocked locker that doesn’t look like it is used for the safekeeping of values would not be such an “other apparatus”. Circumstantial evidence may be sufficient to sustain a conviction for third degree burglary – meaning that police do not necessarily need to see the defendant perform the actual breaking and entering into the apparatus involved. - See more at: http://www.diegocriminaldefense.com/practice-areas/burglary/#sthash.flrpqPfP.dpuf

Child Abuse

In Colorado, a crime of child abuse can occur in a variety of ways because the statute defining child abuse is extremely broad. Child abuse charges range from a Class 2 felony to a Class 1 misdemeanor, with the severity of the charge depending on the extent of the injury to the child. Child abuse involves injury to a child’s life or health, or permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engaging in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or causes serious bodily injury to a child. In situations where police respond to an allegation of domestic violence, and a child is present or observed the altercation occur, child abuse charges frequently are brought against the defendant (or the person charged with domestic violence). Charges of child abuse frequently carry serious and far-reaching consequences. For example, the state may seek to remove the child from your custody.If you have been charged with child abuse, do not hesitate to contact Denver defense attorney Kimberly Diego for a free consultation. - See more at: http://www.diegocriminaldefense.com/practice-areas/child-abuse/#sthash.a6feRhZ0.dpuf

Civil Protection Orders

In Colorado, individuals may seek a civil protection order restraining another person from having any contact, direct or indirect, with them. These protection orders begin as temporary, and can become permanent. If a civil protection order action has been initiated against you, it is essential that you contact an experience civil protection order attorney immediately so that you can prevent the restraining order from becoming permanent and successfully defend against the case. If an individual chooses to seek a civil protection order against you, their first step will be to obtain a temporary restraining order (TRO). A temporary restraining order lasts up to 14 days, and will state the date and time the petitioner must return to court in order to make that order permanent. If the order does not become permanent on that day, it will expire and there will no longer be a restraining order in place. - See more at: http://www.diegocriminaldefense.com/practice-areas/civil-protection-orders/#sthash.jdcQRhtT.dpuf

Computer Crime

Computer crime ranges from a class 2 misdemeanor to a class 3 felony, depending on the nature and consequences of the conduct alleged. - See more at: http://www.diegocriminaldefense.com/practice-areas/computer-crime/#sthash.wVpkJQv9.dpuf

Contempt of Court

You may be charged with contempt of court if a Judge believes that you have not followed court orders. A Judge does have broad discretion in determining whether it is appropriate to charge someone with contempt of court. If you have been charged with contempt of court, you should consult with a criminal defense attorney who can help to mitigate your situation and prevent it from escalating any further. - See more at: http://www.diegocriminaldefense.com/practice-areas/contempt-of-court/#sthash.xbcPLWWY.dpuf

Contributing To The Delinquency Of A Minor

Contributing to the delinquency of a minor is a class 4 felony offense. A person commits the act of contributing to the delinquency of a minor when they induce, aid, or encourage a minor to violate any federal or state law, municipal ordinance, or court order. It is not a defense that the adult did not know the other party was underage, or that the minor lied about being underage. Charges of contributing to the delinquency of a minor are serious and can impact your ability to secure and maintain employment, particularly if you work or have worked in education. Contact Denver criminal defense attorney Kimberly Diego now to discuss your charges. - See more at: http://www.diegocriminaldefense.com/practice-areas/contributing-to-the-delinquency-of-a-minor/#sthash.ROSczIUx.dpuf

Credit Card Fraud

Attorney Diego defends people in Denver against credit card fraud and related allegations. If the police allege that you use a credit card, debit card, or other financial device without the owner’s permission, or used that card knowing it has expired or been cancelled, you may be charged with the unauthorized use of a financial transaction device. The severity of this charge depends upon the value obtained by the individual using the card: it is a class 1 misdemeanor if the value is less than one thousand dollars, a class 5 felony if the value obtained is more than one thousand dollars but less than twenty thousand, and a class 3 felony if the value obtained is more than twenty thousand dollars. Credit card or debit card fraud charges can be very serious, and may have a detrimental impact on your ability to seek employment in the future. Should you be charged with unauthorized use of a financial transaction device, or fear that you may be charged, please contact defense attorney Kimberly Diego to discuss your situation today. - See more at: http://www.diegocriminaldefense.com/practice-areas/credit-card-fraud/#sthash.hFb8eeCa.dpuf

Criminal Impersonation

Criminal impersonation charges are serious, and can occur in a variety of scenarios. For example, if you are contacted by the police and lie about your identity, that often constitutes criminal impersonation; or, claiming to be married to someone who knows nothing about you being married to them also would be criminal impersonation. However, not every time sometimes lies about or misstates their identity will that constitute criminal impersonation. For there to be criminal impersonation, the accused must not only have assumed a false identity, but in that capacity also have obtained some kind of benefit or have actually injured or defrauded someone. Criminal impersonation is a class 6 felony. - See more at: http://www.diegocriminaldefense.com/practice-areas/criminal-impersonation/#sthash.9Qd9yMZM.dpuf

Criminal Mischief

Criminal Mischief often occurs in the domestic violence context; however, charges of criminal mischief are not limited to domestic violence situations. Criminal mischief occurs when someone knowingly damages the property of another person or even the joint property of the accused and the alleged victim. Paying the victim for the damage caused will not negate any criminal liability you may have. Criminal mischief can either be a felony or misdemeanor, depending on the value of the property damaged. Criminal mischief resulting in damage of less than $100 is a class 3 misdemeanor, while criminal mischief resulting in damage between $100 and $500 is a class 2 misdemeanor. Damage of $500 but less than $15,000 is a class 4 felony, while damage of more than $15,000 is a class 3 felony. Kimberly Diego has defended numerous individuals charged with both misdemeanor and felony criminal mischief in county and district courts surrounding Denver. Whether you choose to contact Ms. Diego or not, she recommends that you contact a criminal defense attorney immediately to discuss your criminal mischief case to gain a better understanding of your situations and what defenses you may have available to you, or how best to mitigate in your case. - See more at: http://www.diegocriminaldefense.com/practice-areas/criminal-mischief/#sthash.cma8wdcJ.dpuf

Criminal Tampering

Criminal tampering can be in either the first or the second degree. First degree criminal tampering is a Class 1 misdemeanor, and second degree criminal tampering is a Class 2 misdemeanor. First degree criminal tampering occurs where a person, intending to interrupt or impair a service rendered to the public by a utility or by an institution providing health or safety protection,tampers with property of a utility or institution. Second degree criminal tampering occurs where a person tampers with the property of another person with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. - See more at: http://www.diegocriminaldefense.com/practice-areas/criminal-tampering/#sthash.4XEy7Ai8.dpuf

Disorderly Conduct

Criminal tampering can be in either the first or the second degree. First degree criminal tampering is a Class 1 misdemeanor, and second degree criminal tampering is a Class 2 misdemeanor. First degree criminal tampering occurs where a person, intending to interrupt or impair a service rendered to the public by a utility or by an institution providing health or safety protection,tampers with property of a utility or institution. Second degree criminal tampering occurs where a person tampers with the property of another person with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. - See more at: http://www.diegocriminaldefense.com/practice-areas/criminal-tampering/#sthash.4XEy7Ai8.dpuf

Distribution of a Controlled Substance

Under Colorado law, Distribution of a Controller Substance ranges in seriousness from as. High as a class 2 felony, all the way down to a class 1 misdemeanor. The classification of the crime will depend on the schedule of drug involved and also whether the individual charged has any prior convictions for the same offense, in either Colorado or even any other state. If the drug involved is a Schedule I or II drug, distribution is either a class 3 felony, or a class 2 felony if the defendant has a prior conviction for distribution. If the drug involved is a Schedule III drug, distribution is a class 4 felony, or a class 3 felony if the defendant has a prior conviction for distribution. If the drug involved is a Schedule IV drug, distribution is a class 5 felony, or a class 4 felony if the defendant has a prior conviction for distribution. If the drug involved is a Schedule V drug, the offense is a class 1 misdemeanor, air a class 5 felony if the defendant has a prior conviction. If you have been charged with distribution, it is in your best invests to contact and retain a Denver drug defense attorney as soon as possible to discuss your case. Defense attorney Kimberly Diego has extensive experience dealing with drug distribution charges and is available via her 24-hour answering service to provide you with a free consultation in reference to your charges. - See more at: http://www.diegocriminaldefense.com/practice-areas/distribution-of-a-controlled-substance/#sthash.pEpFFELm.dpuf

DMV Appeals

Oftentimes, a DMV Hearing doesn’t go your way. The consequences of losing a DMV hearing may be severe depending on the particulars of your situation and driving history. In some circumstances, it may be prudent to appeal the DMV’s decision. It is important to consult with a Denver criminal attorney immediately if you are considering appealing your DMV hearing, because certain time limits do apply to the appeals process. Denver criminal attorney Kimberly Diego has handled DMV appeals. She can assist you in identifying whether or not you have any issues on appeal and whether filing an appeal makes sense in your case. In so doing, she will thoroughly analyze the transcripts of and any evidence presented at the initial DMV Hearing. If you recently lost a DMV hearing and are considering an appeal, please contact defense attorney Kimberly Diego at (720) 257-5346. - See more at: http://www.diegocriminaldefense.com/practice-areas/denver-dui-defense/dmv-appeals/#sthash.v33TCRuT.dpuf

DMV Hearings

While a DUI citation initiates a criminal proceeding against you, it also initiates an administrative proceeding against you in the DMV. However, a blood alcohol level below 0.08 will not result in this type of revocation. If you chose and failed a breath test, or if you refused a chemical test, you have seven days from being ticketed to request a hearing regarding the suspension of your driving privileges. If you chose a blood test, you will need to wait until you receive a letter in the mail from the DMV to request your hearing.

When you request your hearing, you will need to decide whether or not to request the officer’s presence. If you request the officer’s presence and he does not appear, then you will win your hearing. However, if you request his presence and he does appear, he will testify regarding the stop and his observations following the stop. Whether or not to request the presence of an officer is a decision you should make after consulting with an attorney. At your hearing, the hearing officer will give you or your attorney an opportunity to make legal arguments. What defenses are available to you will depend on the particular facts and circumstances of your case. - See more at: http://www.diegocriminaldefense.com/practice-areas/dmv-hearings/#sthash.WgXaK4A5.dpuf

Domestic Violence

Domestic Violence in Colorado Has a Broader Definition Than You May Think. If You’ve Been Charged, an Experienced Denver Domestic Violence Lawyer is a Must - See more at: http://www.diegocriminaldefense.com/practice-areas/domestic-violence/#sthash.DmUFn6gC.dpuf

Drug Crimes

Call Kimberly Diego When You Need a Smart, Experienced Drug Crimes Attorney in Denver - See more at: http://www.diegocriminaldefense.com/practice-areas/drug-crimes/#sthash.0H4EXnUa.dpuf

Drug Distribution

How serious a drug distribution case is depends on the type of drug involved, and the amount of drug involved. If you have been charged with drug distribution, please contact Denver criminal defense attorney Kimberly Diego immediately to discuss your case and any potential defenses you may have. In order to be found guilty of distribution, you do not need to personally handle, sell, or purchase the involved drugs. Simply being a facilitator of a transaction – for example, informing an interested buyer as to where or from whom he can purchase the drugs – is sufficient. Because Colorado categories drug distribution crimes as being of extraordinary risk, sentences for these crimes are enhanced and convictions can result in lengthy periods of incarceration. If you are classified as a “special offender”, either because you had a prior felony drug conviction or a firearm was present during the transaction, then special offender charges will be filed – and those charges constitute a class 2 felony. Criminal defense attorney Kimberly Diego has successfully handled drug distribution cases and demonstrated her skill in mitigation, or lessening the impact of a drug distribution charge. Her knowledge of search and seizure law also may prove critical in establishing whether you may be successful in arguing that the search/seizure in your case was illegal, and that therefore the discovery of the drugs themselves should be suppressed. - See more at: http://www.diegocriminaldefense.com/practice-areas/drug-crimes/drug-distribution/#sthash.Lv8NzzOZ.dpuf

DUI

Denver DUI Lawyers Know the Many Defense Options Available to You When You’ve Been Charged with DUI - See more at: http://www.diegocriminaldefense.com/practice-areas/denver-dui-defense/#sthash.PbG7bOE6.dpuf

Expungements

Certain individuals may be eligible to expunge their juvenile record. If you are looking to expunge your juvenile record, you should contact a Denver criminal defense attorney with experience handling expungements to assist you throughout the process. Expungement is a process by which an individual essentially “clears” his juvenile record, and by so doing may open himself or herself up to more opportunities which may previously have been restricted due to the existence of that record. When a person can expunge their juvenile record varies from cases to case. A person can petition for an expungement order immediately, if they were found not guilty at trial; after one year, if they were given a ticket or were arrested, but no further action was taken; or they completed a juvenile diversion program or informal adjustment; after four years, if the Court has terminated jurisdiction; or they were unconditionally released from commitment to the department of human services; or they were unconditionally released from parole supervision; or, after ten years, if they were adjudicated a repeat or mandatory juvenile offender, and the Court has terminated jurisdiction or they are unconditionally released from parole supervision, whichever date is later. - See more at: http://www.diegocriminaldefense.com/practice-areas/expungements/#sthash.xhykVhIR.dpuf

False Imprisonment

False Imprisonment occurs when one person confines another person without that person’s consent, with or without the use of force. Even seconds of confinement may be enough to constitute false imprisonment. If the person detained is moved from one place to another, then the offense becomes kidnapping rather than false imprisonment. The movement from one place to another does not have to be a long distance and can in fact be a very short one. Typically, false imprisonment is a class 2 misdemeanor. However, it is a Class 5 felony if force is actually used or force is threatened, or if the detention lasts for twelve hours or longer. If you have been charged with false imprisonment, it is in your best interests to seek an immediate consultation with a Denver criminal defense attorney. Kimberly Diego is available 24/7 for consultations at the phone number (720) 257-5346. - See more at: http://www.diegocriminaldefense.com/practice-areas/false-imprisonment/#sthash.myQmKjtT.dpuf

Forgery

First-degree forgery is a class 5 felony. A person commits forgery if, with intent to defraud, they falsely completed, made, or altered a written instrument which is or is supposed to be money, stock, bonds, a deed, a will, a check, a public record, a written instrument created or issued by a public office or government agency, or tokens, transfers or other articles designed for payment of public transportation (for example, RTD transfers). There are many ways to violate the forgery statute. For example, it would constitute forgery to falsify community service hours, or to alter and then display a temporary license plate. In order to be convicted of forgery, it is not necessary for you to have been the person who prepared the forged instrument. The prosecution does not have to prove that you mailed the false instrument or specifically directed someone else to do so on your behalf. - See more at: http://www.diegocriminaldefense.com/practice-areas/forgery/#sthash.D4eoKPGN.dpuf

Harassment

Harassment is a Class 3 misdemeanor. Harassment charges often occur in the domestic violence context, but are not limited to domestic violence situations. A conviction for harassment can result in a sentence of imprisonment in the county jail of up to 6 months. - See more at: http://www.diegocriminaldefense.com/practice-areas/harassment/#sthash.bgCwlofI.dpuf

Identity Theft

Identity theft cases are not taken lightly by Colorado prosecutors. In fact, identity theft is a class 4 felony. The statute defines identity theft as knowingly using the personal identifying information, financial identifying information, or financial device of someone else without their permission or lawful authority, in order to obtain cash, credit, property, services, or any other thing of value or to make a financial payment. A related crime to identity theft is criminal possession of a financial device. A person commits this crime if they possess any financial device that the person knows or should know is lost, stolen, or delivered under mistaken identity. How serious a crime this is depends on how many financial devices are possessed by the accused. If the accused has one financial device, it is a class 1 misdemeanor; if the accused has two or more financial devices, it is a class 6 felony; if the accused has four or more financial devices belonging to more than one victim, it is a class 5 felony. Even the mere possession of identity theft tools is considered to be a class 5 felony. Gathering identity information by deception also is a class 5 felony. - See more at: http://www.diegocriminaldefense.com/practice-areas/identity-theft/#sthash.P2N9Okge.dpuf

Indecent Exposure

Indecent exposure can be a misdemeanor or a felony. Indecent exposure typically is a class 1 misdemeanor, and occurs when a person knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. However, indecent exposure becomes a class 6 felony if the accused has two previous convictions for indecent exposure, in Colorado or in any other state. A conviction for indecent exposure does require sex offender registration. - See more at: http://www.diegocriminaldefense.com/practice-areas/indecent-exposure/#sthash.jaJceZeF.dpuf

Juvenile Offenses

For Juvenile Offenses, Work with an Experienced Denver Criminal Defense Attorney Who Cares - See more at: http://www.diegocriminaldefense.com/practice-areas/juvenile-offenses/#sthash.TPOceo8P.dpuf

Medical Marijuana

Medical Marijuana is relatively new in Colorado, and as such, presents many interesting legal issues which either have yet to be determined, or which remain widely misunderstood or unknown. Having a medical marijuana card does not grant you immunity for the commission of many marijuana-related crimes. For example, even if you have a medical marijuana license, if you drive while impaired by or under the influence of marijuana, your medical marijuana license will not serve as a defense. Also, if you are a licensed caregiver, you may be charged for growing a number of plants which is in excess of the amount of plans you are permitted to grow when considering the number of patients whom have identified you as their primary caregiver. Consuming medical marijuana while on probation is typically prohibited in most Colorado jurisdictions, even if the patient is able to demonstrate a legitimate and serious need for the medication. Many jurisdictions incorporate a stipulation that the patient is prohibited from medical marijuana consumption into the actual plea agreement entered into by the parties. Further, if you are on bond, consumption of medical marijuana may constitute a violation of your bond conditions and cause your bond to be revoked. A handful of jurisdictions have, however, permitted the consumption of medical marijuana for individuals either on bond or serving a probationary sentence. - See more at: http://www.diegocriminaldefense.com/practice-areas/drug-crimes/medical-marijuana/#sthash.T41bd8jP.dpuf

Menacing

Menacing can either be a misdemeanor or felony charge. Menacing is a class 3 misdemeanor if a person, by threat or physical action, knowingly places or attempts to place another in fear of imminent serious bodily injury. However, menacing is a class 5 felony if committed by the use of a deadly weapon or any item that would cause another to reasonably believe that item is in fact a deadly weapon, or if committed by a person acting as if they are actually armed with a deadly weapon. An essential element of both misdemeanor and felony menacing is a specific intent to cause fear in the victim. Intent to actually harm the victim is unnecessary. In fact, it is unnecessary for the victim to actually hear or be aware of any threat from the defendant; it is also unnecessary that the victim actually experience any fear. Rather, if the prosecution can present evidence from which the jury can reasonably conclude that the defendant knew his actions, if discovered, would place the victim in fear of imminent serious bodily injury, then the intent element of the crime can be established. - See more at: http://www.diegocriminaldefense.com/practice-areas/menacing/#sthash.HYQToHm3.dpuf

Defense of Municipal Offenses

Municipal Offenses are violations of a municipal code, as opposed to violations of a state statute. A person charged with a municipal offense is prosecuted in a city’s municipal court, as opposed to county or district court. The prosecutor of a municipal offense is a City Attorney, rather than a District Attorney. Municipal crimes are misdemeanors, and are never felonies. Additionally, procedures in municipal court can be radically different from procedures in county or district court, and successful defense of a municipal court case requires a criminal defense attorney with significant experience resolving municipal matters. - See more at: http://www.diegocriminaldefense.com/practice-areas/municipal-offenses/#sthash.tsGBhDhO.dpuf

Obstructing a Peace Officer

Possession of a Controlled Substance

If You’ve Been Arrested for Possession in Colorado, Contact Denver Drug Crimes Attorney Kimberly Diego - See more at: http://www.diegocriminaldefense.com/practice-areas/possession-of-a-controlled-subs/#sthash.pawsSzCK.dpuf

Possession Of Drug Paraphernalia

Possession of drug paraphernalia is a class 2 petty offense. This crime occurs when a person possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used in ways that would violate Colorado law. This offense carries a maximum fine of $100. - See more at: http://www.diegocriminaldefense.com/practice-areas/drug-crimes/possession-of-drug-paraphernalia/#sthash.Zf7XAxFP.dpuf

Pre-Filing Representation

Oftentimes, hiring an attorney before charges are filed can make a huge difference in the outcome of your case. A knowledgable Denver Criminal Lawyer can establish contact with the investigating officer and even the district attorney’s office before charges are filed, and potentially prevent charges from from being filed. There is no better way to dispose of a Denver criminal case than to have the District Attorney’s office announce a “No file” decision on your case. This means that the case will not be filed and the Defendant will not be prosecuted. If you have already paid a bond, that bond will be returned to you. You will be eligible to seal the case so that it no longer appears on your criminal record. However, it may be possible for the District Attorney to choose to file the case at a later time if new information emerges. Nonetheless, a “no file” decision typically means the case is over. Denver criminal attorney Kimberly Diego has successfully obtained “no file” decisions for her clients in numerous criminal cases. Should you be in need of pre-filing representation, do not hesitate to contact Attorney Diego for a free case review at (720) 257-5346. - See more at: http://www.diegocriminaldefense.com/practice-areas/pre-filing-representation/#sthash.anKOUX2x.dpuf

Prescription Drug Fraud

Denver, Colorado Criminal Defense Lawyer for Prescription Drug Charges - See more at: http://www.diegocriminaldefense.com/practice-areas/drug-crimes/prescription-drug-fraud/#sthash.5NQSzONW.dpuf

Probation Violations

If you have been placed on probation, you know how restrictive probation can be. When you fail to abide by the terms of probation, that failure can land you in jail. Hiring an attorney with proven success in defending clients who have violated their probation may keep you out of jail. If you violate the terms of your probation, your probation officer will likely request a hearing to evaluate your probation. Oftentimes, your probation officer will ask the judge to send you to jail. When you violate your probation, you can be sentenced to any amount of incarceration that you could have been sentenced to when you were originally convicted. At a probation violation hearing, the probation officer does not have to prove you in fact violated your probation; all he usually needs to show is that you are likely to have violated. - See more at: http://www.diegocriminaldefense.com/practice-areas/probation-violations/#sthash.fgokxCrj.dpuf

Property Crimes

The term “property crime” encompasses a wide range of activity. If you have been arrested for arson, theft, trespassing, burglary, or grand theft auto, you are involved in a case of property crime. If you have been charged with a property crime and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation. Kimberly will work hard to provide you with thorough legal representation and give you and your case the attention you deserve. - See more at: http://www.diegocriminaldefense.com/practice-areas/property-crimes/#sthash.g4XMuYb6.dpuf

Resisting Arrest

Resisting arrest is a class 2 misdemeanor.Resisting arrest occurs when a person prevents or tries to prevent a peace officer, acting under color of his official authority, from arresting either that person or some other person, by using or threatening to use physical force, or using any other means which create a substantial risk of causing bodily injury. Even if the officer is making an unlawful arrest, that does not serve as a defense to a charge of resisting arrest – unless the officer was either not acting under color of his official authority, or was resorting to unreasonable or excessive force. If you have been charged with resisting arrest, do not hesitate to contact Denver criminal defense attorney Kimberly Diego for a free consultation regarding your charges. - See more at: http://www.diegocriminaldefense.com/practice-areas/resisting-arrest/#sthash.8PV404RM.dpuf

Restraining Order Charges

A restraining order is an order of injunction, preventing one person from having any contact – direct or indirect – with another. Restraining orders are issued in all Colorado domestic violence cases, although they are sometimes modified or vacated by the court following the motion of one or both parties. Also, individuals may obtain a civil protection order, which starts off as a temporary order and can become a permanent protection order if the petitioner so chooses and either the respondent does not object, does not appear in court at the permanent restraining order hearing, or appears and is unsuccessful at the permanent restraining order hearing. Oftentimes, alleged victims in pending criminal matters also seek permanent restraining orders against the defendant, in addition to any restraining order already imposed in the criminal case. Kimberly Diego has handled a myriad of protection order cases, and is available 24/7 to advise you on your concerns regarding preventing the imposition of a permanent protection order, obtaining a permanent restraining order against against someone, or to defend against a charge of violating a protection order. As a restraining order attorney in Denver, Kimberly Diego has successfully assisted her clients in avoiding the imposition of restraining orders in a multitude of cases. - See more at: http://www.diegocriminaldefense.com/practice-areas/restraining-order-charges/#sthash.FzgSd7up.dpuf

Sealing Criminal Records

A criminal conviction may prevent you from obtaining employment or housing. While criminal records used to be fairly well-kept secrets, modern “background check” technology makes your record widely and easily accessible to almost anyone in a matter of seconds. If you seal your record, it will no longer be visible to the public in such “background checks”. However, it will remain visible to the Court, law enforcement, and criminal justice agencies. Unfortunately, not all criminal records can be sealed. However, here is a quick guide to which records may be sealed in Colorado: All charges were dismissed or the Defendant was acquitted of all charges. There is only an arrest record and no charges were filed in a Court. The Defendant had a case that was dismissed due to a plea agreement in another case and 10 or more years have passed from the final disposition of all criminal proceedings and no additional criminal charges since the date of the final disposition of all criminal proceedings have been filed against the Defendant. Despite the above, a successfully completed deferred judgement on any sex offense cannot be sealed, pursuant to recently decided case M.T. v. People. - See more at: http://www.diegocriminaldefense.com/practice-areas/sealing-criminal-records/#sthash.ToBEJsyV.dpuf

Sex Crimes

Sex Crime Accusations Require Serious, Aggressive Representation; Colorado Criminal Defense Attorney Kimberly Diego Will Provide the Strong Defense That You Will Need - See more at: http://www.diegocriminaldefense.com/practice-areas/sex-crimes/#sthash.661oaX9A.dpuf

Shoplifting

Arrested for Shoplifting? Get Smart, Assertive Defense from Denver Theft Attorney Kimberly Diego - See more at: http://www.diegocriminaldefense.com/practice-areas/shoplifting/#sthash.2ffbKPra.dpuf

Theft

If You Have Been Charged with Theft in Colorado, Aggressive Criminal Defense is a Must Theft is a serious charge that can bring serious consequences. Whether your specific charge is a misdemeanor or a felony will depend upon the monetary value of the property that was allegedly taken, whether or not a weapon was involved, how the alleged theft occurred, as well as whether or not you have a past criminal record. - See more at: http://www.diegocriminaldefense.com/practice-areas/theft/#sthash.MxhUBltr.dpuf

Theft By Receiving

Theft by receiving occurs when an individual receives or disposes of an item, knowing or believing that thing to have been stolen, and also intending to permanently deprive the item’s lawful owner of the use or benefit of the thing. The thing in question must have some value. If the value of the thing involved is less than five hundred dollars, it is a class 2 misdemeanor, whereas if the value of the thing is between one thousand dollars and twenty thousand dollars, it is a class 4 felony. Once the item involved is worth more than twenty thousand dollars, the crime becomes a class 3 felony. Further, the crime can also be charged as a class 3 felony when the person committing the theft by receiving is engaged in the business of buying or selling stolen goods for profit. - See more at: http://www.diegocriminaldefense.com/practice-areas/theft-by-receiving/#sthash.B32H7oFz.dpuf

Traffic Ticket

At the Law Office of Kimberly Diego, we defend all types of traffic tickets, including: reckless driving, speeding, exhibition of speed, DUI, DUR. Don’t pay your ticket until you speak with us! If you pay your ticket it’s an automatic admission and adjudication of guilt on your record. Moreover, if your ticket is a moving violation, you will receive points against your license. - See more at: http://www.diegocriminaldefense.com/practice-areas/denver-traffic-ticket-attorney/#sthash.iUHEQP17.dpuf

Trespassing

Criminal trespass can be in the first, second, or third degree – and ranges from a class 5 felony to a class 1 petty offense. First-degree criminal trespass occurs when a person knowingly enters and unlawfully (without legal right to be there) enters another person’s home, or if a person enters someone else’s motor vehicle with intent to commit a crime therein. First-degree criminal trespass is a class 5 felony. Second-degree criminal trespass occurs when a person either: (1) unlawfully enters or remains in or the premises of another, which are enclosed in a manner designed to exclude intruders or are fenced; or (2) knowingly and unlawfully enters or remains in the common areas of a hotel, motel, condo, or apartment building; or, (3) knowingly and unlawfully enters or remains in a motor vehicle belonging to another. Second degree criminal trespass is a class 3 misdemeanor, but can be a class 2 misdemeanor if the premises have been designated as agricultural land. If the premises have been designated as agricultural and the accused had intent to commit a felony there, it would be a class 4 felony. Kimberly Diego has experience defending charges of criminal trespass of varying degrees of severity, and does not charge for any initial consultations. - See more at: http://www.diegocriminaldefense.com/practice-areas/trespassing/#sthash.avbxctb1.dpuf

Violent Crimes

Violent Crimes Carry Severe Consequences – Get Tough Representation from a Denver Criminal Defense Lawyer - See more at: http://www.diegocriminaldefense.com/practice-areas/violent-crimes/#sthash.fTL0lI6w.dpuf

Weapons Charges

The phrase weapons charges encompasses many criminal violations, including: assault with a deadly weapon, posession of a weapon by a previous offender (POWPO), charges involving concealed weapons, and even some drug crimes where a weapon may have been involved or even merely present. - See more at: http://www.diegocriminaldefense.com/practice-areas/weapons-charges/#sthash.cvnkZmvV.dpuf

White collar crimes

A White Collar Crime May Not Sound So Bad, But the Penalties May Be Severe; Consult with Colorado Criminal Lawyer Kimberly Diego to Get an Understanding of What You’re Up Against Although white collar crimes do not carry with them the same connotations as violent crimes, a conviction for a white collar crime can carry penalties that are just as severe, if not more so, as those associated with more violent crimes. Consequently, if you have been charged with a white collar crime, your need for a solid, reputable Colorado criminal lawyer is just as important as if you had been charged with a violent crime – especially since most white collar crimes carry with them dollar amounts that qualify them as felonies which can mean substantial prison time if convicted. If you are facing white collar crime charges, consult with Denver defense lawyer Kimberly Diego to get the help you will need to fight these charges and defend yourself. - See more at: http://www.diegocriminaldefense.com/practice-areas/white-collar-crimes/#sthash.mHA3eQBp.dpuf