Frequently Asked Questions — Colorado Criminal Defense
Attorney Daniel H. Kyser answers the most common questions about criminal charges, arrests, and the legal process in Colorado. If you don’t see your question here, call us directly at (303) 831-6111 for a free case evaluation.
What should I do if I am arrested in Colorado?
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 from law enforcement without your attorney present. Contact a Colorado criminal defense attorney as soon as possible. The Law Office of Daniel H. Kyser offers free consultations — call (303) 831-6111 any time.
What is the difference between a DUI and DWAI in Colorado?
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 associated with impairment to the slightest degree — typically a BAC between 0.05% and 0.079%. Both carry serious consequences. An experienced DUI defense attorney can evaluate whether the stop, testing, and procedures were legally valid.
How does a domestic violence charge work in Colorado?
Domestic violence in Colorado is a sentence enhancer applied to crimes committed against an intimate partner. Colorado has a mandatory arrest law — police must arrest when probable cause exists. Prosecutors can pursue charges even if the alleged victim doesn’t want to. Consequences include a permanent record, mandatory treatment, and loss of firearm rights. Early attorney involvement is critical.
Can a domestic violence charge be dropped in Colorado?
The alleged victim does not control whether charges are dropped — the prosecutor does. However, an experienced attorney can challenge the evidence, negotiate with the prosecution, and in some cases achieve a dismissal or reduction. The earlier you involve an attorney, the more options are available.
What are the penalties for drug possession in Colorado?
A level 1 drug felony can carry a prison sentence from 8 to 32 years. A defense attorney can evaluate whether the information causing the arrest or the search that uncovered the drugs was constitutionally valid — an illegal search can result in evidence being suppressed and charges dismissed.
What is a protection order and how does it work in Colorado?
A protection order restricts contact between individuals. A temporary protection order (TPO) can be issued without the other party present; a permanent order requires a hearing. Violating a protection order is a criminal offense. Whether you need to obtain one or have had one filed against you, consult an attorney immediately.
What should I do if I am under investigation for a sex crime?
Do not wait to be charged. Do not speak to law enforcement or investigators without legal counsel. Early intervention can sometimes prevent charges from being filed. Contact the Law Office of Daniel H. Kyser immediately at (303) 831-6111.
What is a criminal appeal and when can I file one in Colorado?
A criminal appeal asks a higher court to review the trial court for legal errors. In Colorado, you generally have either 14 or 49 days from sentencing to file a notice of appeal. Appeals go to the Colorado Court of Appeals, with possible further review at the Colorado Supreme Court. Daniel H. Kyser is a recognized appellate attorney with published opinions in Colorado criminal law.
How much does a criminal defense attorney cost in Colorado?
Fees vary by case complexity and charges. The Law Office of Daniel H. Kyser offers free initial case evaluations and flexible payment options. Unlike large firms, you work directly with Attorney Kyser — not a paralegal. Call (303) 831-6111 to discuss your case and get a clear picture of costs upfront.
What rights do crime victims have in Colorado?
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 the right to attend trial and provide a victim impact statement at sentencing. The Law Office of Daniel H. Kyser is one of Colorado’s few firms that also represents crime victims directly.
Does Daniel H. Kyser handle cases outside of Denver?
Yes. While the office is in Greenwood Village (Denver metro), Attorney Kyser represents clients throughout Colorado, including Arapahoe County, Jefferson County, Adams County, Denver County, Douglas County, Gilpin County, and beyond. Call (303) 831-6111 to discuss your case anywhere in Colorado.
Have a question that isn’t answered here?
Call Attorney Kyser directly at (303) 831-6111 or submit a free case evaluation online. You’ll speak with Attorney Kyser — not an intake paralegal.