DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers View directory of dui attorneys
   Members |  Forum  Zip Code Search for DUI Lawyers

Timothy Kelly & Associates, LLC
 Main Page    Services    Criminal Procedure    FAQ's    Timothy Kelly 

   Criminal Defense 
Counties served:
Visit Law Firm Website
 
Timothy Kelly & Associates, LLC
Timothy Kelly

600 Seventeenth Street
Suite 2800 South
Denver CO 80202
303-820-0840

 Send Email
  Visit Website
Fax: 303.670.5983


 Timothy Kelly & Associates, LLC

How a Colorado DUI case proceeds:

--An arrest is made (an arrest warrant or a summons is issued).

--The person is charged.

--There is an advisement/bond return hearing. This is where the person is advised of what charges, if any, have been filed.

--Preliminary hearing. The District Attorney has to produce enough evidence for the judge to determine probable cause to believe a crime has been committed and probable cause to believe the defendant has committed it. This hearing is for the purpose of determining whether enough evidence exists to proceed to trial. The court merely decides whether there is evidence which could support a conviction. During this hearing, the court does not weigh the credibility or believability of the witnesses and must view the evidence in the light most favorable to the prosecution. Hearsay evidence is allowed at such hearings and the defense has a very limited ability to call witnesses. If a determination of probable cause is found, the case will be sent to district court.

--An arraignment is where the Defendant enters a plea of guilty or not guilty. If a plea bargain has been reached, it is often entered into at this time and a date for sentencing is set. If not, future court dates are then scheduled which may include motions dates (where legal arguments are made concerning various aspects of the case), subpoena return dates (where documents are given to the court to review), pretrial conferences (where the parties and the court assess whether the case will be proceeding to trial) and to handle any pretrial procedural matters and the trial.

--A Motion hearing is an evidentiary hearing for the judge to determine various legal and evidentiary issues in a case

--A felony jury trial will have 12 people on the jury and maybe an alternate or alternates. Their verdict must be unanimous. The Defendant has a right to a speedy trial within 6 months from the date of entry of a not guilty plea (typically the arraignment). The Defendant may waive that right. The Prosecution has the burden of proving the case beyond a reasonable doubt.  The Defendant does not have to prove anything.  If the Prosecution fails to carry its rather heavy burden of proof beyond all reasonable doubt, then the jury MUST return a verdict of not guilty.


Colorado Drunk driving lawyers

Main Page  Services  Criminal Procedure  FAQ's  Timothy Kelly

  Criminal Defense

Cities served:
Select a city
 
DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Implied Consent Summary DUI License Suspension
In-home Arrest Vehicle Defined
FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Inquiries  |  Partner Websites
SiteMap  | DUI Lawyers  | DUI Attorneys | Trading Partners  |  Member Agreement  |  Terms of Service
Attorneys Click Here  | DUI Case LawsFAQ  | DUI Forum | Directory of DUI Attorneys  | Success Stories
Copyright © 2004. “DUI Defenders”. All rights reserved.