1 The Cuff A Journal of Arrest & Judicial Process A new Informational Publication for denver jails Produced by The Local of Steamboat Springs, Colorado. The Cuff is a newspaper-style publication that offers answers to frequently asked questions about the arrest and detention process. This publication is printed quarterly, and with the approval of participating jails, it is made available and distributed to inmates after they have been arrested. The Cuff is not intended as a substitute for legal advice. It has been researched and written by journalists in consultation with attorneys, bail bondsmen, and law enforcement personnel. It delivers opinions, suggestions, and guidance for arrestees while also emphasizing the importance of seeking professional legal counsel before any course of legal action is decided. People who are under arrest are often anxious and confused about the arrest process, especially if they are first time offenders. And detention officers are often so busy getting people processed that finding the time to answer individual questions can be difficult. The Cuff not only provides basic information, but it gives those waiting a way to pass the time, helping to maintain a calmer and more orderly booking area. Topics covered in The Cuff range from an overview of the booking and bonding process, pragmatic tips for court appearances, and information on specific regulations and requirements for DUI and Domestic Violence cases. The publication is aimed primarily at detainees, although it also offers information needed by friends and families who wish to help. Phone numbers, addresses and maps for important locations such as the jail, the courthouse and public defenders offices can be found both in the printed version and online at. The Cuff also provides contact informa tion for local bail bondsmen and attorneys who can assist offenders throughout the judicial process. No more digging through unwieldy phone books with missing and/or marked up pages. A full directory of all Denver bail bondsman and attorneys is included for easy reference, alongside information that may help the arrestee determine exactly what type of help they need. The mission of The Cuff is to help the Sheriff s department improve communication with arrestees while helping the accused find information to navigate the legal system more effectively. It will be updated regularly as feedback is received, and as the publishers work to customize content specific to individual jails. Distribution of this publication benefits jails and detainees alike by providing easy to-understand information about the arrest process and by facilitating a smoother processing of inmates. Table of Contents 2 What s Next? Booking Process 3 Getting Released From Jail Appearing Before a Judge You Can Pay the Bail Bond Professional Bail Bondsman Schedule of Bond Fees 4 Pretrail Release Denver s Pretrial Release Program 5 Navigating the Process Sequence of Events Steps in a Trial 7 Surviving Court Court Appearance Tips Don t Leave Court Unless 8 Fines and Community Service Community Service The County Clerk s Office Payments 9 Medications 10 DUI or DWAI? Things You Should Know Car Impounded? 16 Arreseted for Domestic Violence? Things You Should Know 18 Entertainment Sudoku Maze 19 Directory of Bondsmen and Attorneys 20 Useful Numbers and Maps Denver Sherrif Bonding Office The Lindsey-Flanigan Courthouse/ Clerk of the County Court Public Defender s Office Child Welfare Division Office Battered Women s Services Probation Division Clerk s Office Community Service and Collection Office - Criminal/General Sessions
2 2 the Cuff: A journal for Colorado Detention Centers Are You in Jail? In the United States Justice System if you are accused or charged with a crime, you have a right to be released from jail (under most circumstances) until such time as you are convicted of that crime at your trial. To get released from jail you will probably be required to post bail (give something of value) in the amount or type called for by law or set by a judge. The purpose of bail is to allow you to be released from jail, yet provide the court with some reasonable assurance that you will return to court as required. What is Bail? Bail represents something of value (security) that is held by the court in the form of a bond until you return. Bail can be a specific amount of money and / or simply your word that you will act in a specific way, including returning to court when ordered to do so. Many types of offenses have pre-set bail bond amounts. You can get released if you can pay the amount of the bail bond. However, you may be required to see a judge if no bail has been set, or you may want to see a judge to have your bail requirements changed or reduced. Under most circumstances, you have a right to be released from jail What to Expect: The Booking Process Before you can be released, the jailers must document information about you and what you are accused of doing into the state s computers. BAIL BONDS Getting out of Jail The process is called booking and it creates your record of criminal activity. When you were first brought into the jail, you were likely stripped of all weapons, contraband, and perhaps even your cell phone and other personal items. The jailers will then take down personal information and run a check in the system to look for outstanding warrants and criminal history. Then, you will be informed formally of the charges against you and notified of your bail amount. In some cases, you will have to appear before a judge before bail can be set. At that point, you can begin to consider how you wish to pay your bail so you can be released from the jail. Once you are entered into the system, the jailers will collect your fingerprints and photograph. These will be added to your record and kept on file for future reference. Depending on how busy the jail is, this process can take anywhere from an hour to most of a day. Just relax, cooperate with the jailers instructions, and they will get you through it as fast as possible. Remember: The jailers are there to help you get out of jail as quickly as possible. In the Meantime... Relax, this won t last forever The best thing you can do for yourself while you re waiting to get out of jail is to relax. This may take awhile. Try to be pleasant to the jailers, they are not the reason you are in jail. Their job is to book (process) you into the state s judicial information network. The more cooperative you are, the faster you can get out. It is important to stay calm this won t take forever. DISRUPTIONS always cause significant delays! Don t stress yourself, things will get better. Just follow directions and do what is necessary to get out. The Cuff The Cuff is intended for distribution to jails and detention centers. The information in its articles has been contributed and/or reviewed by law enforcement, attorneys, judges, bail bondsmen, and offenders. Its purpose is to provide useful information for someone arrested. It represents opinions only and is not intended as a legal resource. One should contact an attorney for a complete interpretation of criminal statutes, law enforcement, detention center and judicial protocols, and acceptable court practices. The Cuff is published by The Steamboat Local 1900 Bridge Lane, Building 1A Steamboat Springs, CO
3 the Cuff: A Journal for Colorado Detention Centers 3 Appearing Before a Judge Bail Bonds Important information If you appear before the judge, you will have an opportunity to explain the circumstances of your arrest, and your ability to pay bail. The judge will fix the amount of your bail, and will also determine which kind of bond will be required for your release: You could be released from custody (jail) on a personal recognizance bond, which is simply a promise to appear as required and does not require any financial guarantee. Or, the judge may require you to pay a specific amount of money to be held by the court in the form of a bond. You Can Pay The Bail Bond By giving cash to the jailer equal to the required bail, or If you, a relative or a friend have sufficient equity (ownership) in a home, building or land, it may be pledged to the court, or By contracting with a professional bail bondsman, who will provide the court with the necessary bail bond to get you released from jail, or Some Counties may accept stocks and bonds equal to the bond amount. The Denver County Clerk can give you more information on pledging real estate and stocks and bonds. The bond fee schedules below have been established by the Denver County Court. These fees must be paid before you will be released from jail. $30 Bond (Administrative) Fee per bond (excludes Personal Recognizance bonds) $30 Inmate Processing Fee per booking into the detention center $30 per Outstanding Judgment Warrant (OJW) Professional Bail Bondsman How can they help you? A professional bail bondsman is a person who furnishes the monetary obligation (money part) of your bail bond to the court to secure your release. Most bondsman will accept credit cards. A Bail Bondsman May Ask You To: Pay a fee. The law allows a bondsman to charge you up to a maximum of 15% of the value of the bond. For example, if your bond amount is $1,000, the bondsman may charge you a fee of $150. Guarantee the bond. In addition, the bondsman may require you to pledge some type of security or collateral (things of value). In the event of a forfeiture, the bondsman will use the security or collateral to get his money back. Provide a co-signer. As additional security for the bond, a bondsman may require someone else to guarantee the bond by acting as a co-signer. Like you, a co-signer is financially responsible for the full value of the bond, and may also be required to provide the bondsman with some type of collateral or security. Property bonds allow a surety to use free equity in a residential or commercial property as collateral for an appearance or performance bond. Please contact the Bonding Office at for an information sheet and clarification on specific requirements for your bond. Credit Card: Note, most bonding companies will accept credit cards. The bondsman may be able to place the full amount of your bond including his fee on a credit card. Additional fees before release Remember, outstanding warrants or other circumstances could result in you having more than one administrative fee. All of these fees must be paid in order for you to be released!
4 4 the Cuff: A journal for Colorado Detention Centers Pretraial Release Denver s Pretrial Release Program A fairly recent addition to the justice and bonding system, and one that is still controversial in some circles, is the Pretrial Release program. The program examines defendants in felony cases and determines whether their risk of flight or threat to the community are low enough to allow them to be released on a PR bond until their trial date. Denver Pretrial is a two phase program that examines defendants, provides bond recommendations to the court, and uses various systems of supervision as an alternative to pretrial incarceration. Of course, some defendants will not be eligible for any bond program, including pretrial release. The program is granted for those who can demonstrate that they have sufficient ties to the community and pose no threat of flight or danger if released from jail while their trial is pending. Generally, defendants are evaluated by phase 1 pretrial staff within 24 hours of being arrested. In fact, phase 1 staff hours start early in the morning so that they can provide recommendations on those arrested the night before at the beginning of court operations. Defendants are always evaluated prior to their first courtroom appearance. At their first courtroom appearance, if a release is recommended, the options are presented to the defendant. A common misconception about pretrial release is that no money is involved. While it is true that most pretrial release bonds are Personal Recognizance (PR) bonds, the court may still order a cash bond, property bond or surety bond in cases where there may be flight risk. The court can also place special supervision requirements on defendants released under the pretrial release program. Those released with special supervision requirements are considered to be in Phase 2 of Denver s program and are supervised by two Phase 2 officers. The court can order any supervisory condition they wish, but there are certain conditions that are common in Denver s pretrial program. Every defendant released into Phase 2 is required to meet at least weekly with their pretrial officer. In some cases, where higher supervision is deemed necessary, the required meetings may be more frequent. Every defendant released is also forbidden from drinking alcohol or taking drugs. If drugs or alcohol were involved in the alleged crime, the court will likely order periodic toxicology screenings to test for drugs or alcohol in the defendant s system. In some cases, the wearing of an electronic transdermal alcohol monitor may be required. These monitors test for the presence of alcohol at least 24 times daily, and upload the data to the supervisors system. If flight risk or protection orders are involved, the defendant will likely be required to wear a GPS device. Exclusion areas (ares where the defendant may not go) are set by the pretrial officers, and the officers are automatically notified 24/7 if the defendant enters these zones. Not everyone may be happy about accused felons being released from jail, but the Denver pretrial release program s ultimate goal is public safety. Defendants are very strictly supervised, and any violation of the supervisory terms will land them back in jail. The program also alleviates some of the problem of jail overcrowding, a problem jails in Denver and across the country have struggled with for decades. A common misconception about pretrial release is that no money is involved
5 the Cuff: A Journal for Colorado Detention Centers 5 Navagating the Process Sequence of events
6 6 the Cuff: A journal for Colorado Detention Centers Navagating the Process Pre-trial Pre-Trial Court Appearance in a Criminal Case Here is the procedure used with some variations in Colorado in which a prosecutor files charges without a grand jury. Misdemeanors The first step is an initial appearance (often referred to as an arraignment), before a judge of a lower court, at which: The charge is read to the defendant and penalties are explained. The defendant is advised of his/her right to trial, and right to trial by jury if desired. The right to counsel (legal representation) is explained, and the judge arranges for a lawyer if the defendant requests one and is found to be indigent (too poor to afford a private lawyer). The defendant enters a plea. If counsel has been requested and appointed, or if the defendant indicates that private counsel will be retained, a plea of not guilty is entered. If the defendant enters a not guilty plea, a trial date will be set. If the defendant pleads guilty, either a date will be set for sentencing or the judge will impose probation, fines or other sentences immediately. In some cases, the judge may allow a defendant to plead nolo contendere, or no contest. In many jurisdictions a plea of no contest is equivalent to a guilty plea, except that the defendant does not directly admit guilt. Assuming the defendant has pled not guilty, the judge sets the amount of bail. Felonies The process is quite similar, except that there is the additional step of the preliminary hearing as an additional safeguard warranted by the more serious nature of the charges. Step 1 As with misdemeanors, the first step is an initial appearance or an arraignment before a judge of a lower court, at which: The charge is read to the defendant, and penalties explained. The defendant is advised of his/her right to a preliminary hearing and the purpose of that procedure, as well as his/her right to trial and right to trial by jury in trial court. The right to counsel (legal representation) is explained, and the judge arranges for a lawyer if the defendant requests one and is found to be indigent (too poor to afford a private lawyer). The defendant does NOT enter a plea. The matter is set for preliminary hearing (hearing to establish if a crime has been committed and if there is probable cause to believe that the defendant committed the offense(s) alleged in complaint).the judge sets the amount of bail. Step 2 The second step is the preliminary hearing, at which: The government must demonstrate to a judge that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged. Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action. If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released. If the court finds there is probable cause, the matter is transferred to trial court. Many courts use the term bound over, as the defendant is bound over to the district or circuit court for trial.
7 the Cuff: A Journal for Colorado Detention Centers 7 Surviving Court Court appearance tips Court is Formal and Serious Understand that a courtroom is a formal, serious place and that judges are generally conservative. Choose clothing that you are comfortable wearing. You will look nervous and shifty if you are adjusting your clothing and constantly rearranging yourself in court. Avoid sneakers, trendy clothing, lots of jewelry, loud colors (especially red), revealing outfits, outrageous hairdos, and stained or damaged clothes. Do not wear a lot of perfume, cologne or aftershave. Wearing leather is not advisable. Wear a suit, dress, or blouse and skirt if you are a woman. Do not wear spike heels, sandals or open-toed shoes. Wear a bra and panty hose even if it kills you. Be sure your bra and s l i p a r e n o t showing. For a man wear a suit, jacket and tie, or shirt and tie (only if you don t own a jacket) if you are a man. Never wear a hat. Look as serious, reasonable, modest and ordinary as possible. You don t want to stand out or call attention to yourself. Don t Be Late Judges are punctual people. Tardiness demonstrates a lack of respect, and could get you arrested or result in additional penalties. Bring all the documents to court that were issued to you at the time of arrest. They always come in handy. They include the time and place you need to appear If you were cited for any type of traffic offense, bring your proof of insurance. Court is intimidating. It is often hard to speak up. If you have something to say, or you do not understand, be polite but speak up. You have a right to be heard, but don t overdo it. Show proper restraint. Court is not a continuation of your home life drama or a place to vent your feelings. This is why having an attorney is important as their job is to speak up for you. Make sure you take notes as to your next appearance or other court requirements such as evaluations, metal health, probation etc. Better yet, go to the Clerk of the Court and get it in writing before you leave. If you cannot make it for very good reason call the Clerk of the Court listed on the back page. You may be able to change the court date. Failure to appear as required is a serious offense and results in the issuance of a warrant for your arrest. Excuses after a failure to appear don t work! Always get Receipts Get lots of them. If you purchased a new TV you would certainly get a receipt. The judicial system is big and complex. Get receipts and written instructions from the court for everything you have completed or are required to do
8 8 the Cuff: A journal for Colorado Detention Centers Fines and Community Service Community service Community Service is Important Community service means donating your time as repayment to the community for the crimes you have committed. Most misdemeanor convictions result in some community service requirement. When required to complete community service it means you re not done with court until it s done and proof of completion is filed with the court. After sentencing the court will give you paperwork that describes how much community service you must complete. It s important that you understand your community service requirement and where you can complete it. The Clerk s office can give you a list of approved businesses and organizations in your neighborhood. If you are required to do community service or take classes, obtain the correct forms from the Clerk of the Court s office and get someone to sign it verifying you have completed the required task. It s important to return worksheets to the Clerk s office when community service is completed. Returning worksheets promptly documents the progress you are making towards completion and prevents them from getting lost. When you think you are all done, ask the Clerk of the Court if you have completed all the Court s requirements including fines. And if you are all done, get it in writing. All too often people get arrested because a mistake is made and a person doesn t get credit for the tasks they have completed, or credit for the money they have paid. Protect yourself get receipts It s not grade school where the teacher does it for you! When doing community service, put a positive spin on it! Treat it like an opportunity to both learn about yourself and to learn new skills which can be applied to future work opportunities. There are lots of approved businesses and organizations where you can donate your time and satisfy the court s requirements. Be smart pick one that might actually teach you something! Remember, you have to have all of your community service hours verified and logged in before your deadline or you could end up back in jail. The Clerk of the Court will have specific forms for you to use. Make sure to always have the forms with you when serving, and that a person in authority signs them. If the Court orders you to attend classes you need to determine which schools or programs qualify. Ask the Clerk for a list of programs in the Metro area that qualify. You may also be able to take an online course. You may have to submit a class summary to the Court to have it a c c e p t e d, which would be particularly true if you live or move out of the area. The County Courthouse & Clerk s Office The criminal division adjudicates cases involving alleged violations of the Colorado Revised Statutes and the Denver Revised Municipal Code (DRMC), including misdemeanors and felonies. Examples of charges would be Driving Under Restraint (DUR), Driving Under Suspension (DUS) Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). The criminal division also hears felony cases through the preliminary stage only; after which time, the cases are bound over and sent to the Denver Court. District General Session courtrooms hear cases involving domestic violence, shoplifting, animal control, and environmental issues. Also part of the general sessions division is the county juvenile court, which handles certain municipal violations committed by persons under the age of 18. Courtroom 4F is a municipal juvenile court for juveniles between the ages of 10 and 17, housed within the general sessions division. The Clerk s office room of the Denver County Court performs administrative work for the combined criminal and municipal/general sessions divisions; including the office of community service and collections. The community service and collections office makes arrangements with defendants who have received community service as part of their sentence. The office also makes payment arrangements for defendants receiving fines out of the Traffic, Criminal, and General Sessions divisions. The court s Warm Welcome Child Care Center is available free of charge to individuals desiring a safe place to leave their infants and children while they are in court.
9 the Cuff: A Journal for Colorado Detention Centers 9 Fines and Community Service payments How and Where Do I Make My Payments? Make payments at: Clerk of Court s office in the Lindsey-Flanigan Courthouse, 520 W. Colfax Avenue, Room 160. Payments can be made in person or via the mail. If paying by mail, please make sure to include your case number on the check or money order. What Forms of Payment Are Accepted? Denver County Court accepts cash, pre-printed checks, money orders, credit cards (Visa and MasterCard) and certified bank funds. The Court does not accept temporary checks for the payment of fines. Credit card payments can only be accepted in person, not over the phone or via mail. Can I perform Community Service If I Am Not Financially Able To Pay My Fine? Defendants determined by the court to be indigent can work off their fines by way of the County Court Work Program. This program functions in the same manner as community service, but allows defendants to work off their outstanding fines at a rate of $5 for every hour of work performed Taking Prescription Medicine in Jail (Derived from an article published by the Legal Aid Society) Some people need to take prescription medications for serious medical conditions, such as diabetes, asthma, HIV, epilepsy or hypertension. If you are on a regular medication schedule, you may need to take your medication at certain times of the day. Other people, such as those with conditions such as asthma or angina, need to take medication at the onset of symptoms. No matter the nature or severity of your condition, you will be allowed your medication in jail. It will given to you as required by jailers or health care providers as you will not be allowed to keep your medication on you after you are arrested. However, if you anticipate that you will be arrested and want to take your medication while you are in custody, it is still a good idea to bring a one or two-day supply of your medication in its pharmacy-issued prescription bottle. The deputies who process your arrest will record the information from your prescription bottle, including the name of the medication and dosing information, and the name and telephone number for the pharmacy and your doctor. This information will accompany you through the arrest processing and will be provided Medications to any health care workers you encounter while in custody. If you do not have your prescription medication with you or it is not in a pharmacy-issued prescription bottle, but want the information about it to be available to the health care workers who will see you, you can ask a member of your household to bring it to the jail. The jailers may or may not accept the medication from the household member, but will record to the information on the prescription bottle on your intake information, along with contact information for the household member who came to the precinct. IT IS UP TO YOU to tell the jailers that you need medication. For people with asthma or other conditions that cause trouble breathing, the health care providers have oxygen supplies and over-the-counter inhalers available. While you are at the jail intake area you should ask to be seen by a health care worker if you feel sick. They will evaluate your condition, and if it appears that you need medication or treatment, procedures require that you be taken to a hospital emergency room, where a doctor will provide treatment and administer required medication
10 10 the Cuff: A journal for Colorado Detention Centers What is a DUI? DUI / DWAI Things You Should Know Colorado law prohibits you from driving a vehicle while under the influence of alcohol or drugs, or if your ability to drive is impaired by alcohol or drugs. These offenses are abbreviated as DUI, DWAI, and DUI(D) respectively. A person is presumed to be DUI if a blood or breath test shows a blood alcohol content (BAC) level of at least What is a DUI Per Se? DUI Per Se means that your blood alcohol content (BAC) was determined to be.08 or greater. This fact was evidenced by the breath, urine or blood test(s) that you took. I Got a Ticket for DUI: What Does This Mean? A ticket for a DUI is a serious offense. It is a Notice Of Revocation of your driving privileges. It also contains the time and place you must appear before a judge in a Court of Law. Upon conviction there will be criminal penalties imposed by judges in Courts of Law such as fines and community service, and civil penalties set by the DMV that will affect you privilege to drive. You must contact the Colorado Department of Motor Vehicles (DMV) within 7 days or your license will automatically be suspended! DWAI or DUI? A person is presumed to be DWAI if a blood or breath test shows a blood alcohol level of more than 0.05 but less than A DWAI is a lesser offense but a conviction still has criminal consequences and adds points against your license. What is a DUI(D)? And How is it Different Than DUI? In Colorado, it is illegal to drive if you meet the legal definition of being under the influence of drugs. The Law considers you to be DUI(D) if your ability to drive is substantially impaired. It makes no difference whether the drugs causing this effect are illegal drugs, or lawfully obtained prescription drugs. A conviction for a DUI(D) carries the same penalties as a DUI! A DUI charge can also be based on a combination of both alcohol and drugs. If your ability to drive was substantially impaired, no specific blood level of either alcohol or drugs is required for a conviction. Under 21 and Charged with UDD? It is illegal for anyone under the age of 21 to consume alcohol. You are charged with Underage Drinking and Driving (UDD) if are under 21 and driving with BAC of 0.02 but under.05. A UDD is a class A traffic violation and puts points against your driving record. The Roadside Sobriety Test The Standardized Field SobrietyTest (SFST) is a series of tests administered and evaluated by a law enforcement officer to obtain valid indicators of drug or alcohol impairment and to establish probable cause for an arrest. The results of an SFST could be used to obtain a criminal conviction against you! What if I Refuse? Called Express Consent Laws, drivers in Colorado are required to give blood, urine, or breath tests if requested to do so by a law enforcement officer who has probable cause to believe that you are DWAI, DUI, or DUI(D). Refusal to take the test will automatically result in license revocation. NOTE: A DUI ora DWAI can be proved in a Court of Law by other means, i.e., SFST, statements, behavior, and driving. I Blew Over a.17 You may be classified as a persistent drunk driver and subject to greater penalties if the test shows a BAC level of at least 0.17, even if this is your first offense. Should I Hire an Attorney? A DUI attorney can help you with both the criminal portion of your offense and with the DMV. Even if you plan to accept a plea bargain, it is best to speak with an attorney first. A good DUI attorney can quickly evaluate the circumstances of your situation, and will clearly explain your options. Many attorneys do not charge for your first visit.
11 the Cuff: A Journal for Colorado Detention Centers 11 DUI / DWAI Things You Should Know Where is My License? A ticket for a DUI is a Notice Of Revocation. The arresting officer can keep it or give it back to you. If you did not get your license back, the ticket will act as proof of your license. Either way, you must contact the DMV within seven (7) days or your driving privileges will be suspended. Out of Jail, What Happens to My License? You must request a DMV Hearing within seven (7) days of receiving a ticket (Notice of Revocation) for DUI, DUID, DUI Per Se, DWAI, or UDD. At that time you will be given an appointment to speak with a Hearing officer (usually by phone), and your driving privileges will probably be continued temporarily. If you fail to request a DMV Hearing within seven (7) days, the DMV will revoke (most common) or restrict your driver s license. The Request It is best to make a hearing request at the Colorado Motor main Vehicle Office, office: near 1881 Colorado Pierce St, Lakewood, Colorado Motor Vehicle Office, 1881 Pierce Street, Lakewood, CO Colorado Motor Vehicle Office, 1881 Pierce Street, Lakewood, CO - Google Maps A. Colorado State Government: Division of Motor Vehicle 1881 Pierce St # 100, Lakewood, CO (303) review 2011 Google - Map data 2011 Google - 5/2/11 3:19 PM If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving. If you lose at the hearing, you cannot drive after the hearing. I Believe I am Innocent! What Can I Do to Save My License? First and foremost, hire an experienced attorney. There are many factors to consider. Request a hearing and request the officer s presence. It will give you a preview of a trial, a rarity in criminal cases. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoened. If you surrender a valid license, you may drive until your hearing. Retest the sample. Testing errors could help prove your innocence. Check the labeling of the sample. It must be identified as being yours. Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed. Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol. Check the times of events. Officers must perform the tests within certain guidelines. Attend the motor vehicle hearing. Listen for omissions and other errors The Motor Vehicle Hearing 0214&ll= , &spn= , &z=16&pw=2 To preserve your right to drive in Colorado, you must request a hearing within 7 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing will be scheduled within 60 days. If you have questions or concerns about your arrest, you can request the arresting officer s presence at the hearing. An attorney can help you at the DMV hearing and possibly develop or preserve a crucial defense during the hearing. Page 1 of 1 Interlock Licenses If your BAC was 0.17 or higher, you may be required to use an interlock for two years. If you took a test and if it is a first offense, you may qualify for a probationary license after 30 days. For cases with date of offense on or after 01/01/2009, you may obtain an interlock license after one month
12 First time offenders do not usually get sentenced to jail unless there are aggravating factors, such as a high BAC, or an accident that causes injury. The court relies on statutory sentencing requirements for jail time, fines and useful public service (UPS) hours. 12 the Cuff: A journal for Colorado Detention Centers I Don t Live in Colorado DUI / DWAI Things You Should Know If you are not a resident of Colorado and received a DUI, DUID, DUI Per Se, DWAI, or UDD, you need to take immediate action to protect your driving privileges in Colorado and in your home state. Most states belong to the Interstate Driver s License Compact, which means any suspension or restriction of driving privileges in Colorado carries the same penalties in your state! Similar to Colorado residents, an out-of-state resident must request a Colorado DMV Hearing within seven (7) days. Failure to request a hearing results in an automatic action by the DMV (such as revoking or restricting your driving privileges for a specific period of time). If your license gets revoked or suspended and you are eligible for reinstatement, and even if you still have a license from your home state, you must pay a fee to the State of Colorado to regain your driving privileges. By reinstating your driving privileges, your restrictions on the Interstate Driver s License Compact will be removed. Remember, there are both criminal penalties (fines, imprisonment, and required public service) in addition to the administrative penalties imposed by DUI Sentencing the DMV. You are required to appear in Court as required. A local attorney may be able to represent you in Court and reduce or eliminate your need to appear personally. What if I Drive Without a License? Driving under revocation or suspension is a serious offense. You will be arrested and be required to post a $10,000 bond to be released. Significant criminal penalties are likely to be imposed. And much time will be added to the suspension of your driving privileges. I Have a Probationary License and Got a DUI, Can I Still Drive? No! By law a probationary license can be taken away if you get any type of traffic ticket. If you are stopped by a law enforcement officer and cited for a DUI, you have violated your temporary license restrictions, and the officer will confiscate the license. Once the license is confiscated, or you receive a ticket, the probationary driver s license will be cancelled immediately and you will not be able to drive. The sentence for a DUI conviction will be based on several factors. The more prior convictions you have for DUI, the more likely you will be sentenced to jail for a current offense. Listed below are possible sentencing requirements for some of the more common charges: Offense Prior Offenses Mandatory Maximum Possible Community Offenses Jail Jail Fines Service DWAI None None 180 days $100 to $ to 48 hours DWAI DWAI 5 days 1 year $300 to $ to 96 hours DWAI DUI 6 days 1 years $400 to $ to 104 hours DUI None None 1 year $300 to $ to 96 hours DUI DWAI 7 days 1 year $450 to $ to 112 hours DUI DUI 10 days 1 year $500 to $ to 120 hours For most judges, the single most important sentencing factor is whether you have prior alcohol or drug related traffic offenses. Judges are also concerned with whether a car accident occurred, your prior driving record, and whether you have been revoked from probation in prior cases. In addition to deciding whether you will have to serve a jail sentence, the judge will also decide how many community service hours you will be required to do, how long your probation will be, and how much alcohol or drug therapy you must complete.
13 the Cuff: A Journal for Colorado Detention Centers 13 DUI / DWAI Things You Should Know How Long Will My License Be Suspended? The Criminal Court does not suspend or revoke your driving privileges, the Colorado DMV does! The DMV determines the length of the suspension or revocation of your driving privileges. If you are convicted of a DWAI, you will not automatically lose your driving privileges. If you are convicted of a first offense DUI, you will lose your driver s license for a period of 9 months. However, you may be eligible for a restricted/ probationary driver s license after the first 30 days of the revocation. If this is your first offense, and after the first 30 days of revocation, you can apply for early reinstatement. To get a restricted license you must test negative for alcohol for four (4) months with an ignition interlock installed on your vehicle. Under If you are under 21 and charged with a DUI or DWAI, your license will be revoked for one year and you are ineligible for a restricted/ probationary license. The DMV does not grant a restricted license to individuals who are under 21 and who have been convicted of DWAI or DUI or UDD. However, a UDD charge with a BAC between.02 and.05 only carries a suspension of 3 months as a first offense. Restricted License If this is your first offense, you can apply for early reinstatement - after the first 30 days of revocation. To get a restricted license, you must test negative for alcohol for four (4) months with an alcohol ignition interlock on your vehicle
14 14 the Cuff: A journal for Colorado Detention Centers DUI / DWAI Things You Should Know Public Defenders, Jury Trails and Jail Time Your right to free counsel in DUI cases is limited. If you qualify for the public defender, Colorado law requires you to attend a pretrial conference before a lawyer will be appointed. If you accept a plea agreement that does not require jail time, you are not eligible for a public defender. However, you should never accept a plea agreement without first consulting a DUI defense attorney. You do have a right to jury trial. But you must make a written request and pay a fee or your trial will be heard by a judge. Upon conviction, you can ask for alternative jail time such as work release, weekend time, and home detention. It is up to the discretion of the court how your time is served. The penalties the court gives are not the end of the story. A DUI Will Cost You Thousands! Minimum court costs and statutory fees for a DUI are approximately $500. Useful public service (UPS) fees can cost up to $120. You will be required to pay the Victim and Witness Assistance Fund which is $78 or 37% of your total fine, whichever is greater, and can increase your court costs by as much as $555. Court costs are usually $500-$1,000. In addition to your court costs, there is a possible fine ($200-$1,500 for DWAI s and DUI s depending on priors). In addition, there are probation costs. Probation Probation usually occurs after a DUI conviction and may last up to two years. Conditions of probation always require that you not commit other offenses, pay restitution, complete an alcohol or drug evaluation and related treatment, and comply with all court orders relating to your probation. Conditions may also include random urine and breath tests and participation in a victim impact panel. As part of probation, alcohol evaluations and treatment are required in all DUI cases. Based on the results of your evaluation, you will be required to complete an alcohol education and treatment program. Classes in these programs cost approximately $20/hr. and are divided into two levels Level 1 and Level 2. Level 1 is often recommended for first time offenders, and requires the completion of 12 hours of classes that deal with alcohol related issues. Level 2 is always required when you have a prior DUI, but depending on your BAC level, it may be required for first time offenders as well. Level 2 requires you to complete 24 hours of classes. In addition, Level 2 requires completion of therapy. Tharapy classes are also approximately $20/hr. Depending on your BAC level and whether you have prior DUI s, your therapy requirements will fall into four tracks, Tracks A-D. The therapy tracks are increasingly intensive with Track A requiring 42 hours of therapy over 21 weeks and Track D, the most intensive, requiring 86 hours of therapy over 43 weeks. Probation costs are about $50 per month in addition to other costs and fines. Alcohol and drug treatment and therapy are also an additional cost of probation. The evaluation is part of the court costs, but depending on which level and which track your evaluation recommends, your costs for the treatment will range from $120-$1,000. What is an SR-22? Once you are eligible to have your license reinstated, you must purchase a general automotive liability insurance policy filed on an SR-22 form. The SR-22 is filed with the DMV and requires the insurance company to certify coverage and also notify the DMV any time the policy is canceled, terminated or lapses. I Need to Drive, Any Solutions? After thirty days you may apply for a probationary license or early reinstatement. A probationary driver s license is a license to drive, for limited purposes, usually driving to and from the place of employment or to perform duties in the course of employment, during the term of a license suspension. Early reinstatement will require a ignition interlock be installed in your vehicle. A driving privilege for Commercial Vehicles is not granted. Eligibility for early reinstatement with the Interlock device is determined by the Driver Services Section of the DMV. Drivers wishing to know if they are eligible to participate in the program should call Driver Services at and request analysis for early reinstatement.
15 the Cuff: A Journal for Colorado Detention Centers 15 DUI / DWAI Denver vehicle Impound How Much Are the Fees and What Do They Accept as Payment? Find out the general policy on towing vehicles after an arrest. If your car is towed after an arrest the following may apply. If you are not sure, ask the deputies at the jail as they can look it up. $120 tow fee for an average vehicle with $20 daily storage and $170 tow fee for vehicles over 6000 pounds with $30 daily storage. Cash, major credit cards and company checks are accepted. Where is the Denver Vehicle Impound Located and What Are the Hours? I5160 York Street Denver, CO Take I-70 to the Brighton Blvd exit (Denver Coliseum), go north on Brighton Blvd approximately one mile, York St is on the right. They are open from 7am-7pm Monday-Friday & 8am-3pm Saturday and Sunday, we re closed on all National holidays Can I Get Property If I m Not the Owner of the Vehicle and/or If There s a Police Hold? You can get property if you have a notarized letter of authorization from the registered or titled owner naming you as their representative, along with the title, current registration and your ID or driver s license; however, if there is a police hold you will have to ask the Detective to escort you to the vehicle or wait until the Detective drops the police hold. What Do I Need to Get My Vehicle From the Impound? A title in your name & a state issued ID to tow it out, OR current registration, insurance and a valid driver s license to drive it out
16 16 the Cuff: A journal for Colorado Detention Centers Arrested For Domestic Violence? Arrested: What Happens Now Things You Should Know If you have been arrested for a crime in the State of Colorado, an automatic protective order goes into effect. This order restrains a person from harassing, molesting, intimidating, retaliating against, or tampering with any witness or victim. It is best to have no contact of any kind with witnesses or victims. Courts view harassing, tampering with or attempting to exert influence over a victim or witness in connection with a criminal proceeding as an assault on the justice system. The Court can impose severe penalties on offenders. What is Domestic Violence? Domestic violence is a charge of violence within the household or family. Courts consider domestic violence a very serious matter. If you are arrested on domestic violence charges, you will be required to see a judge. The judge will set the amount of your bail to be released from jail after determining the severity of violence committed and the level of threat you pose to the victim(s). Victims in a domestic violence case can be any family member or member of your household. This can be a spouse, significant other, children, parents, siblings or other relatives, but can also be a friend or roommate living in your home. Law enforcement s primary goal in a domestic violence case is to remove the threat to the victim(s). For this reason, if an officer on scene detects any sign of domestic violence, they WILL make an arrest and remove the accused from the situation. Protection Order aka Restraining Order At your first hearing with the judge, the same one where your bail amount is decided, the court will issue a protection order. This order will detail restrictions against you while your case is pending. You will be asked before the hearing ends if you understand the terms of the protection order. Once you state that you do, you are bound by law to adhere to the terms, and can be rearrested if you violate those terms. It is important to understand that with a domestic violence protection order you cannot contact the victim(s) in any way. This means NO CONTACT, period, even if the victim initiates it by calling or writing to you first. You will be ordered to stay away from the victim(s) work and home, even if that is also your home! The protection order will also state that you may not possess firearms or other weapons, that you not possess or consume alcohol or other controlled substances and that you must comply with any other order the court deems appropriate to protect the safety of the victim(s). In most cases of spousal domestic violence, children I will be included as victims in the protection order. w Y Protection Order Modifications v Only the judge can modify or lift the protectiond order! p At the hearing, if you feel you are unable to complya with any provisions of the order, explain your t problem to the judge and they will determine if i a modification is warranted. For example, if you v and the victim(s) work or go to school at the samea location, or if you are from out of town and must p travel together, then modifications can often be p made allowing for these circumstances. Your biggest responsibility while awaiting your hearing or trial is to comply with all terms of the protection order against you. Remember, again, only the judge can modify or lift the protection order! important: Always carry a copy of the protection order with you to show police if you are stopped! The order contains all of the specific terms thatc you must meet, and sometimes you can avoid t arrest by presenting the officer with the specificv terms of the order. c a Responsibilities While Out On Bond r If you need to go home and get your things, p but are prohibited from going home by theo protection order, t you can contact t the police. They will m send an officer with t you as a standby to monitor and observe the removal of your belongings. Stay on top of your rent and other bills. Even if you are prohibited from living at home, you are still legally I responsible for your debts and bills, and can be v arrested for failure to meet these responsibilities. t n As difficult as it may be, be firm on maintaining no contact with the victim(s). You cannot evenv ask a friend to contact them on your behalf in m an attempt to resolve the situation. If the victim w calls you, you can not talk to them, hang up! If the a victim enters a room you are in, leave! If a friend of the victim calls to discuss the victim, hang up! Even texts or s from the victim should be given NO response. In all cases of attempted contact by the victim, keep records (messages, phone logs, etc) and notify law enforcement immediately! N R T a h n t o V
17 the Cuff: A Journal for Colorado Detention Centers 17 Arrested For Domestic Violence? Things You Should Know eed an Attorney? t is always a good idea to consult an attorney hen you charged in a domestic violence case. ou will be prohibited from contacting the ictim(s) in the case, but an attorney can establish ialogue to discuss living arrangements, bill ayment, money, etc. ttorneys can also help you understand the erms of the protection order which will be ssued against you and can advise you of the ictim s position on that order. An attorney can lso work with you and the court to have the rotection order modified or lifted as soon as ossible. REMEMBER! Only the Court can change a Protective Order. econciliation ourt appearances are scheduled quickly so as o facilitate solutions to the problems domestic i o l e n c e a u s e s, nd to e v i e w rotection rders and he need o lift or o d i f y hem. he District Attorney (DA) will contact the victim nd determine the level of violence and abuse that as occurred. The DA will listen to the wishes and eeds of the victim and make recommendations o the court as to modifications to the protection rder. f you have an attorney, they can contact the ictim as well to determine his/her requirements hroughout the Protection Order as well as the eed for its continuation. oluntarily entering counseling or anger anagement classes can demonstrate serious illingness to change on the part of domestic busers. ictim s Responsibilities Respect the conditions of the Protection Order and do not entice, seduce, or trick the restrained person into violating the protection order. Remember that even if you want to communicate, you must voice this desire through the court and allow for proper modification of the protection order. Cooperate in communicating with the DA or defendant s attorney, as this is the process to a quicker resolution of your case. Have a safety plan, including a place outside the family home to seek shelter in extreme cases. Hire an attorney of your own to effect good communication with the defendent s attorney and the court. Remember and respect the needs of any children involved. Quick Tips Protection orders only work one way. You are the one restrained, not the victim. DON T DRINK! The victim(s) can do anything they want to do (so long as no law is violated of course) without repurcussion. The victim can call you, but if you talk to them that is a violation of the protection order and you can be arrested. If the victim comes over and tries to talk with you and you agree, you have violated the protection order. If you receive an or text from the victim(s) and you respond, you are in violation of the protection order. Do not contact the victim s employer or other family members. It could get you arrested if someone complains. If you see the victim, go the other way. If you re at a restaurant or party, LEAVE! Don t be fooled into thinking you were there first and it s OK. Law enforcement may see it differently and arrest you! If you both agree to meet at a restaurant for a drink to discuss things, you probably have violated the protection order at least three ways! You should maintain a record of all attempts by the victim(s) to contact you. In the event of a violation, these records could be important. Stay off Facebook and other social networks until the Protection Order is lifted. Statements made on websites could get you arrested. REMEMBER! Permission to contact the victim can only come from the judge
18 18 the Cuff: A journal for Colorado Detention Centers Sudoku Puzzle Sudoku Puzzle Sudoku Puzzle Jail Break Maze can you find YOUR WAY TO FReedom? Sudoku SOLUTION Sudoku Puzzle 7 Solution Sudoku Puzzle 8 Solution Easy Sudoku Puzzles Sudoku Puzzle 5 Solution Sudoku Puzzle 6 Solution Sudoku Puzzle 3 Solution Sudoku Puzzle 4 Solution Sudoku Puzzle 1 Solution Sudoku Puzzle 2 Solution
19 19 the Cuff: A journal for Colorado Detention Centers Denver Attorneys Denver Bail Bondsmen
20 20 the Cuff: A journal for Colorado Detention Centers Useful Numbers and Maps Important information Denver Sheriff - Bonding Office Bonding Office 490 West Colfax Street Denver, CO Arrest Information Number HOURS: 24 hours a day, 7 days a week The Denver Sheriff Department is responsible for the care, custody and transport of prisoners for the City and County of Denver. Persons arrested are introduced into the judicial system at The Van Cise-Simonet Detention Center. It includes Bonding Office where arrestees can be bonded out of jail. The Lindsey-Flanigan Courthouse/ Clerk of the County Court The Lindsey-Flanigan Courthouse 520 W. Colfax Avenue, Room 160 Denver, CO Court Information Number: (720) HOURS: Mon-Friday 8:00 am - 5:00 pm Public Defender s Office Office of the Colorado State Public Defender 1560 Broadway Suite 300 Denver, CO Information Number: (303) HOURS: Mon-Friday 8:00 am - 5:00 pm Child Welfare Division Office Richard T. Castro Building 1200 Federal Blvd. Denver, CO Child Protective Services Number: (720) Battered Women Services We are located on the 12th floor of the Wellington Webb Building at: Denver City Attorney s Office/Victim Advocacy Program 201 West Colfax Department 1207 Denver, Colorado Court Information Number: HOURS: Mon-Friday 8:00 am - 5:00 pm Probation Division Clerk s Office Probation Division Clerk s Office 303 W. Colfax Avenue 8th Floor Denver, CO Information Number: (720) HOURS: Mon-Friday 8:00 am - 5:00 pm Community Service and Collection Office - Criminal/General Sessions Clerk of the County Court The Lindsey-Flanigan Courthouse 520 W. Colfax Avenue, Room 160 Denver, CO Court Information Number: (720) HOURS: Mon-Friday 8:00 am - 5:00 pm The content of this publication is intended only to provide general information on situations you may encounter during the judicial process and should never be taken as a substitute for legal advice. Only an attorney can provide legal advice, and we strongly suggest that anyone who has been arrested consult an attorney regarding their case.