Colorado Criminal Defense FAQ

Remain calm and do not resist. Immediately invoke your right to remain silent by saying: "I am invoking my right to remain silent and I want an attorney." Do not answer questions, consent to searches, or sign anything without counsel. Contact a criminal defense attorney immediately — the first 24 hours often determine the trajectory of the case.

Yes. Police can ask questions at any time, but you are not required to answer. If you are not free to leave, you are effectively in custody and Miranda protections apply. Politely decline to answer and ask, "Am I free to leave?"

No — not without a lawyer. Detectives call to build cases, not to clear them up. Anything you say will be used to support charges, even if you believe you are explaining your innocence.

A DUI (Driving Under the Influence) means your ability to drive was substantially impaired, or your BAC was 0.08% or higher. A DWAI (Driving While Ability Impaired) is a lesser charge for impairment "to the slightest degree," typically with a BAC between 0.05% and 0.079%. Both carry jail, license, and ignition-interlock consequences. Learn more about Colorado DUI and DWAI defense.

A civil administrative hearing separate from the criminal case. You have only seven days from the notice of revocation to request one. Failing to request it locks in the license revocation regardless of the criminal-case outcome. See the first 24 hours after a Colorado DUI arrest checklist.

Colorado's express-consent statute requires chemical testing when lawfully arrested. Refusal triggers a minimum one-year DMV revocation, but can sometimes be the right strategic choice depending on the evidence.

"Domestic violence" is a sentence enhancer applied to crimes committed against an intimate partner under C.R.S. § 18-6-800.3. Colorado has a mandatory arrest law — police must arrest when probable cause exists. A conviction triggers a 36-week treatment program and a permanent federal firearm prohibition under the Lautenberg Amendment. Read more about Colorado domestic violence defense.

The alleged victim cannot control dismissal — only prosecutors can. However, an attorney can challenge evidence, negotiate with the District Attorney, and potentially achieve dismissal or reduction.

A protection order restricts contact between individuals. A temporary protection order (TPO) can be issued without the other party present; a permanent order (PPO) requires a contested hearing. A Colorado civil permanent protection order is indefinite by default. Daniel handles Colorado protection order defense.

Most simple-possession cases are drug misdemeanors or level 4 drug felonies, often eligible for diversion or deferred judgment. A level 1 drug felony can carry a prison sentence from 8 to 32 years. Defense attorneys can challenge the validity of the search under the Fourth Amendment. Learn more about Colorado drug crime defense.

Do not speak to law enforcement without legal counsel. Do not take a polygraph. Do not respond to "pretext" phone calls from an accuser. Early intervention may prevent charges from being filed at all. See Daniel's Colorado sex crimes defense practice.

A criminal appeal asks a higher court to review the trial court for legal errors. You have either 14 or 49 days from sentencing (depending on the order appealed) to file a notice of appeal under C.A.R. 4. Daniel handles criminal appeals and post-conviction relief.

Under the Colorado Victim Rights Act (VRA), crime victims have the right to be informed, present, and heard at critical stages of the criminal justice process, including charging decisions, pleas, sentencing, and parole.

The Law Office of Daniel H. Kyser offers free initial case evaluations and flexible payment options. Fees depend on the charges, complexity, and whether the matter proceeds to trial or appeal. Daniel is transparent about costs before you sign anything.

Yes. Daniel represents clients throughout Colorado — state, federal, and municipal courts in every metro-area county and statewide. The office is located in the Denver Tech Center (Greenwood Village).

Most cases resolve through plea negotiations, pre-trial motions, or dismissal — but every case is prepared as if it will go to trial. That preparation is often why the prosecution offers a favorable resolution in the first place.

Daniel personally handles every case. No case is handed off to an associate, junior attorney, or paralegal for substantive work. When you retain the Law Office of Daniel H. Kyser, you retain Daniel.