Practical guides, new-case analysis, and legislative updates from the desk of Daniel H. Kyser — written for clients, referral attorneys, and anyone trying to make sense of Colorado criminal law.
A pending Colorado DV charge forces you to surrender your firearms before release. Here are the only lawful ways to relinquish a gun while your case is pending — and how a conviction can bar you for life.
Seven days to request it. One shot at the officer under oath. Why the DMV hearing is the most undervalued move in Colorado DUI defense.
Think your lawyer let you down? Here's the real Strickland standard, how a Rule 35(c) motion actually works, and why most ineffective-assistance claims fail.
Domestic violence is not a separate crime in Colorado — it is a sentence enhancer a judge attaches to an underlying charge. Here is how the label attaches, who decides, and why it matters.
Colorado removed qualified immunity in state court. Here is when you can sue the police, the strict 182-day deadline, and why state court usually wins.
In Colorado, only the District Attorney can dismiss a DV case — not the complainant. Here's how no-drop policies, recantation, and Crawford v. Washington actually play out.
Colorado courts have confirmed it twice: the judge — not the jury — decides whether your crime included an act of domestic violence under § 18-6-801(1)(a). Here's why, and what it means for your sentence.
A close look at C.R.S. § 42-4-1301(1)(a), mandatory prison aggravators, and the defenses that still matter on a felony DUI.
Colorado's 24-hour firearm surrender rule and the federal Lautenberg Amendment can strip your gun rights for life. Here's what's at stake — and how to protect your 2nd Amendment.
Seven days to request a DMV hearing. Breath-test challenges that evaporate after 72 hours. Here's the first-day checklist every Colorado DUI arrestee needs.
Why officers must arrest in a Colorado DV call — even when the alleged victim says "I don't want to press charges" — and what that arrest really triggers.
Colorado permanent protection orders are indefinite by default. Here's when — and how — you can move to modify or dismiss one.
When a K-9 sniff turns an ordinary traffic stop into an illegal seizure — and why Rodriguez v. United States is still a drug defendant's best friend.
Daniel answers reader questions and case-specific inquiries personally.