What the case was, and what happened to it

1. 
   DUI and DWAIDenver County Court and DMV

   A breath result with a maintenance gap behind it

   Problem

   A client stopped on Speer Boulevard after a late shift blew above the per se limit. The report read cleanly and the arrest looked routine. The licence was taken at the roadside and the seven day clock had already started.

   Approach

   We requested the express consent hearing the same afternoon and subpoenaed the instrument's certification and maintenance history. The records showed the required certification had lapsed in the window covering the test, and the officer confirmed the observation period on cross examination had been interrupted.

   Outcome

   The revocation was not sustained at the DMV, and the breath result was suppressed in the county court case. The prosecution reassessed what remained and the matter resolved without a DUI conviction.

2. 
   Drug chargesArapahoe County District Court

   Constructive possession in a car with four people in it

   Problem

   A search of a vehicle during a traffic stop produced a quantity that put our client, a passenger, at felony level exposure. Everyone in the car was charged identically.

   Approach

   We litigated the scope of the search first, then worked the possession element. Nothing tied the item to our client specifically: no prints, no messages, no admissions, and the item was not in his reach. We built the motion around the extension of the stop for the dog sniff.

   Outcome

   The court found the stop had been prolonged without independent reasonable suspicion and suppressed the search. The felony count against our client was dismissed.

3. 
   AssaultDenver District Court

   A second degree assault charge that the video did not support

   Problem

   A client was charged with second degree assault as a crime of violence after an altercation outside a bar on Blake Street. A crime of violence designation would have meant a mandatory prison sentence in the aggravated range.

   Approach

   We preserved the bar's interior and exterior camera footage within the first week, before the retention period expired, and had an investigator locate two bystanders who had not been interviewed. The footage showed the other party advancing first. An independent medical review challenged the serious bodily injury grading.

   Outcome

   The crime of violence designation was withdrawn and the count was reduced. The case resolved without a prison sentence and without a felony conviction for violence on the record.

4. 
   Theft and propertyJefferson County Combined Courts

   A felony theft that valuation moved back to a misdemeanor

   Problem

   Charges were filed at a felony level based on the retail replacement price of several used tools taken from a work site. The figure sat just above a statutory threshold.

   Approach

   We obtained an independent valuation on fair market value at the time and place of the taking, accounting for age and condition, and challenged the aggregation of two separate incidents into one count under the common scheme provision.

   Outcome

   The value was revised below the felony threshold and the aggregation was abandoned. The matter was resolved as a misdemeanor with restitution, leaving our client eligible for sealing after the statutory waiting period.

5. 
   White collarPre-filing, Second Judicial District

   An embezzlement referral that was never charged

   Problem

   An employer referred a bookkeeper to the district attorney after an internal review concluded funds were missing. Our client was interviewed once, without counsel, before calling us.

   Approach

   We stopped all further contact and retained an independent forensic accountant under privilege. The reconciliation showed that a substantial part of the claimed shortfall was duplicated entries and unrecorded authorised reimbursements. We put the report, the authorisation trail and a structured resolution in front of the filing deputy before a charging decision was made.

   Outcome

   No charges were filed. Because there was never a case, there is nothing to seal and nothing to disclose on an employment application.

6. 
   Federal chargesU.S. District Court, District of Colorado

   A mandatory minimum lifted without cooperating against anyone

   Problem

   A client in a federal drug conspiracy faced a statutory mandatory minimum. The presentence report attributed the full conspiracy quantity to him and applied a role enhancement.

   Approach

   We objected to the quantity attribution, arguing it exceeded what was reasonably foreseeable to him, and contested the role adjustment. We then established safety valve eligibility under 18 U.S.C. 3553(f), which does not require testifying against anyone, and filed a variance memorandum with a full mitigation package.

   Outcome

   The court sustained the objections, found safety valve eligibility and sentenced below the mandatory minimum. Our client never cooperated against another person.

7. 
   JuvenileFirst Judicial District

   A school incident that never became a petition

   Problem

   A sixteen year old was questioned by a school resource officer without a parent present, and a delinquency petition was being prepared. A school expulsion hearing was scheduled for the same fortnight.

   Approach

   We moved on both tracks at once. We applied for district attorney diversion immediately, with a counselling plan and restitution already in place, and we represented the family at the expulsion hearing so that nothing said there could be used in the delinquency case. The statement taken without a parent present was flagged as suppressible under C.R.S. 19-2.5-203.

   Outcome

   Diversion was granted and no petition was filed. The expulsion was reduced to a suspension. With no adjudication, there was no record to expunge.

8. 
   Record sealingDenver District Court

   A dismissed case cleared off a background check

   Problem

   A client who had completed a deferred judgment years earlier was still being screened out of job applications. The case had been dismissed, but it was still showing on commercial background checks.

   Approach

   A completed deferred judgment ends in dismissal, which is handled under C.R.S. 24-72-705 rather than the conviction provisions. We filed the petition, served the district attorney, and addressed the objection on the papers.

   Outcome

   The order to seal was entered and served on the relevant agencies. Our client was able to answer the question honestly in the negative on subsequent applications.

These summaries describe what the problem was, what we did about it and how the matter ended. We do not publish settlement figures, award amounts or fee figures, and the details have been changed to protect client confidentiality. Every case turns on its own facts. Prior results do not guarantee a similar outcome.