Protecting Your Rights Across Western Colorado
When you're facing criminal charges, the stakes couldn't be higher. Your freedom, your reputation, your livelihood, and your future are all on the line. At Neiley & Morris, we understand that being charged with a crime is one of the most stressful experiences you'll ever face. Whether you're dealing with DUI charges, domestic violence allegations, assault accusations, or any other criminal matter, you need experienced criminal defense attorneys who will fight tirelessly to protect your rights and achieve the best possible outcome for your case.
Our criminal defense practice serves clients throughout Western Colorado, including Telluride, Aspen, and Rifle. We've built our reputation by providing aggressive, strategic defense representation while maintaining the personalized attention that only a boutique law firm can offer. When you work with Neiley & Morris, you're not just another case number—you're working directly with experienced attorneys who will be with you every step of the way.
Criminal defense requires more than just legal knowledge—it demands strategic thinking, thorough investigation, skilled negotiation, and courtroom experience. Our boutique practice model ensures that every client receives the focused attention their case deserves. We intentionally maintain a manageable caseload so we can dedicate the time and resources necessary to build the strongest possible defense.
Unlike larger criminal defense firms where junior associates may handle significant portions of your case, at Neiley & Morris you work directly with experienced attorneys from your initial consultation through trial or resolution. We take the time to understand not just the charges you're facing, but the full context of your situation, your concerns, and your goals. This personalized approach allows us to develop defense strategies tailored to your specific circumstances.
Our attorneys have extensive experience navigating the criminal justice systems throughout Western Colorado. We know the local prosecutors, understand the tendencies of local judges, and have established relationships that can benefit our clients. This local knowledge, combined with our commitment to staying current on evolving criminal law and defense strategies, gives our clients a significant advantage.
Colorado's mountain highways and resort communities see aggressive DUI enforcement, particularly along the I-70 corridor and in areas like Telluride and Aspen. A DUI conviction can result in jail time, substantial fines, license suspension, mandatory alcohol education, ignition interlock requirements, and increased insurance costs. For commercial drivers, the consequences can be even more severe, potentially ending your career.
Our DUI defense practice involves thorough investigation of every aspect of your case. We examine the legality of the traffic stop, the administration of field sobriety tests, the calibration and maintenance of breathalyzer equipment, blood test procedures, and the chain of custody for evidence. Many DUI cases contain weaknesses that can be exploited to achieve reduced charges, case dismissal, or acquittal at trial.
Beyond DUI, we handle all traffic-related criminal matters including reckless driving, driving while ability impaired (DWAI), driving under restraint, hit and run charges, and vehicular assault. We also assist clients with DMV hearings to fight license revocations and protect driving privileges.
Domestic violence charges carry unique challenges and serious consequences. In Colorado, a domestic violence designation can be added to various underlying charges including assault, harassment, criminal mischief, or violation of a restraining order. The domestic violence enhancer triggers mandatory arrest policies, no-contact orders, and potential consequences for gun ownership, child custody, and immigration status.
Domestic violence cases often involve complex relationship dynamics, conflicting accounts of events, and emotionally charged situations. False accusations, exaggerated claims, and mutual combat situations are not uncommon. Our attorneys understand the nuances of domestic violence defense and work to uncover the truth while protecting your rights.
We thoroughly investigate the circumstances surrounding the allegations, including interviewing witnesses, reviewing police reports and body camera footage, examining physical evidence, and consulting with experts when appropriate. We also work to address protective orders that may affect your living situation, contact with children, or ability to return to your home.
Assault charges in Colorado range from third-degree assault (a misdemeanor) to first-degree assault (a class 3 felony carrying potential prison time). The specific charge depends on factors including the degree of injury, whether a weapon was involved, and the victim's status (such as a peace officer or emergency responder).
Self-defense is a complete defense to assault charges in Colorado. If you were protecting yourself, another person, or your property from unlawful force, you may not be guilty of assault even if you caused injury to another person. We carefully analyze the circumstances of your case to determine whether self-defense or defense of others applies.
We also handle cases involving menacing, harassment, stalking, disorderly conduct, and other charges related to alleged violent or threatening behavior. Many of these charges arise from misunderstandings, overreactions, or situations where emotions ran high. Our goal is to present the full context and achieve the most favorable resolution possible.
Property crime charges include theft, shoplifting, burglary, criminal mischief (vandalism), trespass, and possession of burglary tools. The severity of theft charges depends primarily on the value of the property allegedly taken. Theft of property worth less than $300 is typically a petty offense or misdemeanor, while theft of higher-value property can be charged as a felony.
Many theft charges arise from misunderstandings, civil disputes over property ownership, or situations where the defendant had a reasonable belief they had permission to take the property. We investigate the circumstances surrounding the charges to identify defenses and mitigating factors.
Burglary charges are particularly serious because they involve entering a building or occupied structure with intent to commit a crime. Even if no theft actually occurred, the intent to commit a crime while unlawfully entering a structure can result in felony burglary charges. We challenge the prosecution's ability to prove both the unlawful entry and the intent to commit a crime.
While Colorado has legalized recreational marijuana, drug crime charges remain serious matters. Possession, distribution, and manufacturing charges involving controlled substances can result in significant penalties. Drug charges often arise from vehicle searches, search warrants executed at residences, or investigations into alleged distribution activities.
Fourth Amendment protections against unreasonable searches and seizures are critical in drug cases. We scrutinize the legality of traffic stops, the basis for searches, whether proper consent was obtained, and whether search warrants were supported by probable cause and executed properly. Evidence obtained through illegal searches must be suppressed, which often leads to case dismissal.
We also examine whether the drugs were actually possessed by our client, whether our client knew the drugs were present, and whether the prosecution can prove the substance was actually a controlled substance. Chain of custody issues, lab testing procedures, and other evidentiary matters can provide grounds for challenging drug charges.
The juvenile justice system operates differently from the adult criminal justice system, with an emphasis on rehabilitation rather than punishment. However, juvenile charges can still have serious consequences including detention, probation, mandatory counseling or treatment programs, and in some cases, transfer to adult court for serious offenses.
When representing juveniles, we work closely with parents and families to understand the circumstances that led to the charges and to advocate for outcomes that protect the young person's future. We explore diversion programs, deferred adjudication, and other alternatives to formal adjudication when appropriate. Our goal is to resolve the case in a way that allows the young person to learn from their mistakes without carrying a permanent record into adulthood.
Municipal court cases and misdemeanor charges may seem minor compared to felonies, but they can still result in jail time, fines, probation, and a permanent criminal record. Municipal offenses can include disorderly conduct, public intoxication, minor in possession of alcohol, violating local ordinances, and various traffic matters.
Many people facing misdemeanor or municipal charges consider representing themselves or simply pleading guilty to resolve the matter quickly. This is often a mistake. Even minor convictions can have lasting consequences for employment, professional licensing, housing, and other areas of life. An experienced criminal defense attorney can often negotiate better outcomes, identify defenses, or find alternatives to conviction.
If you're accused of violating the terms of your probation, you face the possibility of having your probation revoked and being sentenced to jail or prison for the original offense. Probation violation hearings operate under different rules than criminal trials—the burden of proof is lower, and you may not have all the same rights you had at your original trial.
We represent clients facing probation violation allegations, working to demonstrate compliance, explain mitigating circumstances, or negotiate alternatives to revocation. Sometimes probation violations result from misunderstandings, circumstances beyond the defendant's control, or technical violations that don't warrant revocation. We advocate for continued probation with modified terms or minimal sanctions rather than revocation and incarceration.
If you've been convicted of a crime and believe errors occurred during your trial or sentencing, you may have grounds for an appeal. Criminal appeals are complex proceedings requiring specialized knowledge of appellate procedure and constitutional law. We handle appeals in Colorado appellate courts, identifying legal errors, constitutional violations, and other grounds for reversal or modification of convictions or sentences.
Common grounds for criminal appeals include improper admission or exclusion of evidence, prosecutorial misconduct, ineffective assistance of counsel, jury instruction errors, and sentencing errors. Appeals must be filed within strict deadlines, so it's important to consult with an appellate attorney promptly after conviction.
Colorado law provides certain rights to crime victims, including the right to be informed of proceedings, the right to be present at court hearings, the right to be heard at sentencing, and the right to restitution. We represent crime victims who need assistance asserting their rights within the criminal justice system, pursuing restitution, or addressing concerns about their safety or the handling of their case.
Understanding what to expect can help reduce anxiety about the criminal justice process. While every case is different, criminal cases generally proceed through several stages:
Investigation and Arrest: Cases may begin with an arrest, or charges may be filed after an investigation. If you know you're under investigation, it's crucial to consult with an attorney before speaking with law enforcement. Anything you say can be used against you, and you have a constitutional right to remain silent and to have an attorney present.
Advisement and Bail: At your first court appearance, you'll be advised of the charges and your rights. The court will also address bail or bond. We can advocate for reasonable bond conditions or your release on personal recognizance bond, and we can request modification of bond conditions that may be affecting your employment, living situation, or family relationships.
Discovery and Investigation: We obtain all evidence from the prosecution and conduct our own investigation. This may include interviewing witnesses, obtaining surveillance footage, consulting with experts, investigating alleged victims' backgrounds, and identifying weaknesses in the prosecution's case.
Pre-Trial Motions: We file motions to suppress illegally obtained evidence, dismiss charges lacking legal basis, or address other legal issues that may affect your case. Successful motions can sometimes result in case dismissal or significant advantages at trial.
Plea Negotiations: In many cases, we can negotiate with prosecutors for reduced charges, reduced sentences, deferred judgments, or other favorable resolutions. We advise you on the strengths and weaknesses of your case and the likely outcomes at trial, but the decision whether to accept a plea offer is always yours.
Trial: If your case goes to trial, we provide aggressive representation aimed at obtaining an acquittal. We challenge the prosecution's evidence, cross-examine their witnesses, present defense witnesses and evidence, and advocate for your innocence.
Sentencing: If you're convicted, we advocate for the most lenient sentence possible, presenting mitigating evidence and arguing for alternatives to incarceration when appropriate.
The U.S. Constitution provides important protections for people accused of crimes. These include the right to remain silent, the right to an attorney, the right to a speedy and public trial, the right to confront witnesses, the right to present a defense, protection against unreasonable searches and seizures, and protection against cruel and unusual punishment.
Unfortunately, these rights are sometimes violated during investigations, arrests, and prosecutions. We vigilantly protect our clients' constitutional rights and challenge any violations. When law enforcement or prosecutors violate your rights, evidence may be suppressed, charges may be dismissed, or convictions may be overturned on appeal.
If you're facing criminal charges or under investigation in Western Colorado, time is of the essence. Early involvement of an experienced criminal defense attorney can make a significant difference in the outcome of your case. Contact Neiley & Morris today to schedule a confidential consultation at our Telluride, Aspen, or Rifle office. We'll review your situation, explain your options, and discuss how we can help protect your rights and your future.