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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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CRIMINAL DEFENSE
COLORADO SPRINGS CRIMINAL
DEFENSE ATTORNEY |
WELCOME
I appreciate your interest
perhaps I will become your attorney |
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Colorado Springs Criminal Defense. Felony offenses, misdemeanor offenses, petty offenses, domestic violence, assault, menacing, fighting, violation of a restraining order, criminal mischief, prostitution, pimping, loitering, theft, shoplifting, burglary, impersonation, bad check, embezzlement, drug & paraphernalia charges, obstructing a peace officer, lighted materials on highway, obstruction of telephone, wiretapping, eavesdropping, abuse of telephone, gambling, possession of dangerous weapon, concealed weapon, unlawful possession of weapon, prohibited use of weapons, possession of firearm under the influence of alcohol or drugs - intoxication, complicity, accomplice, bail bond, jurisdictional attack, collateral attack, affirmative defenses, surveillance, statute of limitations, speedy trial, deferred sentence, deferred, sentencing, sentence, probation, sealing criminal records.
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TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.
When the police
call or drop by, don't talk to them.
Simply say at the outset that you wish to remain silent & want an
attorney.
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RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE |
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS |
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When a criminal suspect voluntarily gives permission for police or law
enforcement to search, items found in that search will likely be admissible as
evidence. Conversely, searches without a warrant are presumed unlawful
with some exceptions. Evidence found as a result of an unlawful search may
be suppressed (excluded from admission) as a fruit of the poisonous tree.
Every citizen has the constitutional right to be free from unreasonable search
and seizure. Never consent to a search or seizure without advice of legal
counsel. Let law enforcement procure a warrant or face possible
constitutional challenge to the evidence.
Similarly, no other rights should be waived by any criminal suspect or defendant
without advice from counsel. If you aren't certain what your rights are at
the time of the police request, simply say no - I need to speak to an attorney.
When the police drop by, don't
admit them absent a warrant. Don't consent to any search.
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CRIMINAL DEFENDANT
DEMEANOR |
Defense attorneys frequently see the police report phrase:
"suspect was cooperative." Law
enforcement officers will do what they will do regardless of your cooperation -
it won't help and may likely hurt your court case defense.
This attorney advises clients to remain silent and be courteous, calm and in
control of your emotions. Politely decline any police requests,
making the statement you need to consult with legal counsel before giving
a response, and request presence of an attorney. You have the right to
presence of and advice of defense counsel. Exercise your
rights.
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CRIMINAL
LAW DEFENSE
FELONY OFFENSES *
MISDEMEANOR OFFENSES
PETTY OFFENSES *
TRAFFIC OFFENSES |
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FELONY
OFFENSES AND MISDEMEANOR OFFENSES
Harassment
& Stalking,
Third
Degree Assault,
Second
Degree Assault,
Menacing
- Felony or Misdemeanor,
Violation
of a Restraining Order,
False
Imprisonment,
Criminal
Mischief,
Obstruction
of Telephone,
Wiretapping,
Eavesdropping,
Perjury,
False Swearing & False Reporting
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NOTICE: I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD |
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GENERAL
CRIMINAL OFFENSES
FELONIES AND
MISDEMEANORS |
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Property and Dishonesty
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Theft - Felony & Misdemeanor, Petty Theft & Shoplifting,
Trespassing, Burglary, Theft of Rental Property, Aggravated Motor Vehicle Theft, Theft
by Receiving, Theft of Cable Service, Giving False Information to a
Pawnbroker, Criminal Trespass, Criminal Tampering, Defacing Property,
Forgery, Issuance of Bad Check, Uttering a False Instrument, Criminal
Impersonation, Altering Identification Number, Bribery, Embezzlement, Unauthorized Use of a
Financial Transaction Device, Unauthorized or Fraudulent Use of Guaranteed
Check Card or Credit Card, Computer Crime, Gaming Offenses |
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Crimes Against Person
Manslaughter, Criminally Negligent Homicide,
Second
Degree Assault,
Third
Degree Assault, Fighting,
Menacing
- Felony or Misdemeanor,
Harassment
& Stalking,
Violation
of a Restraining Order,
False
Imprisonment,
Criminal
Mischief, Criminal Extortion,
Misdemeanor Child Abuse, Reckless
Endangerment, Violation of a Custody Order, Kidnapping,
Extortion - Blackmail |
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Drugs
Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V
Unlawful Use of a Controlled Substance
Unlawful Distribution, Manufacturing, Dispensing, Sale or Possession
Offenses Relating to Marihuana or Marijuana Concentrate
Possession of Drug Paraphernalia, Manufacturing * Sale or
Distribution of Drug Paraphernalia |
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Government Operations
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Obstructing Government Operations, Obstructing a Peace
Officer, Resisting Arrest, False Reporting to Authorities, Escape,
Violation of Bail Bond Conditions,
Perjury,
False Swearing & False Reporting, Intimidation of
Witness or Juror, Intentionally Setting Wildfire, Foreign Matter on
Highway - Littering - Throwing Lighted Cigarette, Cigar or Burning
Materials on Highway |
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Public Peace, Order &
Dignity
Obstruction
of Telephone,
Wiretapping,
Eavesdropping,
Abuse of Telephone, Gambling, Loitering, Dog at Large, Cruelty to Animals,
Unlawful Ownership of Dangerous Dog |
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Firearms & Weapons
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Possession of Dangerous Weapon, Unlawful Concealed Weapon, Unlawful
Possession of Weapon,
Prohibited Use of Weapons, Possession of Firearm
Under the Influence of Alcohol or Drugs - Intoxication,
Unlawful Discharge
of Firearm, Possession of Handguns by Juveniles |
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Inchoate Offenses
Criminal Attempt, Criminal Conspiracy, Criminal Solicitation,
Complicity (Accomplice), Accessory |
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NOTICE: I DO NOT
ACCEPT ROBBERY, FIRST DEGREE ASSAULT or MURDER
and
I NO LONGER ACCEPT CHILD ABUSE HOMICIDE OR FELONY CHILD ABUSE |
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Drunk
Driving aka DWI or OWI or OMVUI
MIP
includes Sale or Furnishing Alcohol to Minors and
Furnishing Cigarettes or
Tobacco Products to Minors
Driving
Under Restraint includes Driving Under Suspension - DUS, Driving
under Revocation - DUR,
Driving
under Denial - DUD and Driving After Revocation Prohibited -
DARP,
Careless
Driving includes
Careless
Driving Resulting in Injury or Death |
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CRIMINAL
& TRAFFIC DEFENSE INCLUDES DRIVER LICENSE DEFENSE
DOR -
DMV INDEX
Colorado
Department of Revenue, Division of Motor Vehicle driving privilege actions -
driver's license suspension, revocation or denial and reinstatement of driving
privileges
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Educational Classes
DUI * MIP * traffic safety *
petty theft * domestic violence * anger management * conflict resolution
Public Service - Victim Impact Panel
Alcohol or Drug Assistance - Mental Health - Safe House
DMV Forms - Colorado Accident Report - CSPD Accident Cold Report |
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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.
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CRIMINAL DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney? |
In most criminal cases it's
probably time to loosen the pocket book and
hire a
defense attorney.
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Criminal charges can have
long term consequences, even beyond the presumptive sentencing ranges of
which a defendant may be aware. You need not retain my services, but hire counsel.
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ATTORNEY'S
FEES AND COSTS
CRIMINAL DEFENSE |
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At the time of the first
visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which it is subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
In most circumstances, attorney initially makes an option offer of 1.) billing
to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
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POTENTIAL FEE QUOTE
CRIMINAL
DEFENSE |
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Due to
the fact criminal or traffic charges may vary so
widely between felony offense, misdemeanor offense,
petty offense, traffic offense or traffic
infraction, it is not possible to ballpark estimate
fees or costs without knowing more about the
criminal charges, allegations and surrounding
factual circumstances. That is the purpose of
an
initial consultation.
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$TBD
To Be
Determined
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trust deposit request
regarding fees & costs |
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Fees and anticipated costs for some
more predictable cases have been quoted in the relevant topical pages of primary
website. These may be accessed through the
Primary
Website Criminal Law Gateway.
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Fees and anticipated costs for some
DMV license actions have been quoted in the relevant DMV topical pages of
primary website. These may be accessed through the
Primary
Website DMV Gateway.
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Please
refer to the
Restraining
Orders page for information regarding
proceedings and
Fees
- PRO Proceedings at any Permanent Restraining Order (PRO)
hearing.
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PAYMENT |
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Prior to commencement of
representation, the attorney will quote the amount requested as a trust
deposit against which attorney's fees and costs may be billed. The
requested trust
deposit will be dependent upon the facts and
circumstances of your case.
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criminal
charges
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this shall not constitute an offer, nor be construed as a binding
estimate |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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Cheer up. Life gets
better. 
Thank you for considering my
services; I appreciate your inquiry.
ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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NOTICE: I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD |
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NOTICE:
I DO NOT ACCEPT THE FOLLOWING CASES |
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ROBBERY, FIRST DEGREE ASSAULT or MURDER |
CHILD ABUSE HOMICIDE OR FELONY
CHILD ABUSE |
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a lawyer links
provided as a courtesy |
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Attorney
Policies
Defendant
Pro Se - Attempt to Defend Own Case
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1.
Adequate Time. If sufficient time exists to adequately prepare your
defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to prepare an adequate defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
Please be aware, after
other counsel's withdrawal it may be
difficult for the the new attorney to "catch
up." |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
defense, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to prepare an adequate defense before a contested
court proceeding, please do not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's defense tactics or theory of
defense. Please do not call for a second
opinion or an opinion regarding the competence
of your current defense. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED
SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, rulings & meritorious issues. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client. |
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This
includes appeals or plea to
domestic violence
or other
criminal charge,
DUI,
DEAC
or
DWAI
charge or other
traffic charge
and probation,
deferred
sentence, parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases regardless of
whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Adobe Acrobat Reader version 5 or
later is required to view .pdf files 
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
September 30, 2009
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February
29, 2004 - Republication Date: May 24, 2006
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
Colorado Springs, criminal defense, felony offense, misdemeanor offense, petty offense, domestic violence, assault, menacing, fighting, violation of a restraining order, criminal mischief, prostitution, pimping, loitering, theft, shoplifting, burglary, impersonation, bad check, embezzlement, drug charges, paraphernalia charges, obstructing a peace officer, lighted materials on highway, obstruction of telephone, wiretapping, eavesdropping, abuse of telephone, gambling, possession of dangerous weapon, concealed weapon, unlawful possession of weapon, prohibited use of weapons, possession of firearm under the influence of alcohol or drugs, intoxication, complicity, accomplice, bail bond, jurisdictional attack, collateral attack, affirmative defenses, surveillance, statute of limitations, speedy trial, deferred sentence, deferred, sentencing, sentence, probation, sealing criminal records, El Paso County, Colorado, court, Colorado Springs Municipal Court, defense lawyer, lawyer, attorney
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