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Kent Joseph Leier

Kent Leier’s Answers

56 total


  • Do i need a lawyer and what can i be facing or what can be done for me?

    I have a dui from back in dec. 2011 i finished the process by 9-1-2012 i was pulled over this weekend and was told i had a revoked license and was given a court date. This is the first time after my dui that i have gotten pulled over.

    Kent’s Answer

    It sounds to me like your license was revoked due to the DUI. If so, you are likely charged with Driving Under Restraint due to a prior alcohol offense under Colorado Revised Statute 42-2-128(1)(d). If convicted of this charge you are facing a mandatory minimum of at least 30 days in jail as well as further DMV consequences. I would recommend contacting an attorney to discuss the case as well as your license status.

    Kent J. Leier

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  • How to drop protection order?

    I have a domestic violence charge. My husband has filed motions to get it dropped.

    Kent’s Answer

    Only the district attorney can drop the charge at this time and it is very unlikely that they are going to do so even if your husband wants the charges dropped. They receive letters and motions from alleged victims in many cases and they almost never act on them. I would recommend you meet with an attorney to discuss your options and if you can't afford an attorney you should apply for assistance with the public defender's office.

    Kent J. Leier

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  • How do I go about getting a trespass charge dropped?

    I spoke to the owners of the property, apologized, and they are fine with dropping the charges. What steps do i need to take?

    Kent’s Answer

    Unfortunately, it is not up to the property owners. Only the government can file criminal charges. Once the police are involved and charges are filed, the district attorney is the only person that can drop the charges. The fact that the property owners are willing to forgive and forget is good news, but it doesn't mean the charges will go away. I'd recommend hiring an attorney and if you cannot afford one you should seek to have the public defender appointed.

    Kent J. Leier

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  • Hello, I was recently pulled over and arrested for a DUI/DWAI in Fort Collins Colorado and refused a blood test. What are my opt

    Pulled over for faulty license plate light. The Officer claimed that I was intoxicated on marijuana because me my eyes were red and he could smell it. Searched my person and took glasses away, did not search car. Had me do roadside test ...

    Kent’s Answer

    It's really hard to say what your options are going to be or how strong your case is without analyzing the police reports. These types of cases can be very defensible. I'd recommend contacting an attorney to learn more.

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  • CO. first DUI 20 years ago. 2nd arrest 3 days ago for DUDI.

    how does Colorado determine if your blood results indicated over the limit on prescription drugs in other words impairing your ability to drive? I am just visiting Colorado. I live in St. Louis. What to do? will a prior felony for unintentio...

    Kent’s Answer

    If you are charged with DUI and the prosecution is alleging that you were under the influence of prescription medication they will attempt to prove the charge by using the officer's observations of intoxication and blood results. If you consented to a test of your blood they will measure the amount of the prescription drug that was active in your system and then call upon an expert toxicologist to render an opinion as to whether that amount would have caused you to be under the influence. You will have a chance to rebut their opinions with your medical records and own expert if you choose. These cases can become complicated and you should definitely seek the advice of an attorney. If you are out of state and unable to attend court in Fort Collins an attorney could appear at the preliminary court appearances for you without you having to travel from St. Louis.

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  • My girlfriend was arrests for 3 degrees assault and criminal impersonation what would her bail be

    She was arrests for 3degrees assault and criminal Impersonation

    Kent’s Answer

    If you girlfriend was arrested in Fort Collins on Friday afternoon or later she won't have a bond set in her case until Monday at 1:30 in Division 1A. She will appear via video and the judge will set a bond. If she was arrested for Criminal Impersonation, a class 6 felony, her bond will likely be a cash or surety bond which means that you will have to post the bond amount in cash or go through a bondsman to get her out. If you talk to her over the phone from the jail over the weekend please do not talk about the facts or circumstances surrounding her arrest. Jail phone calls are recorded and the District Attorney in Fort Collins will likely use those calls against her.

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  • Can a interrogation continue after you say you want lawyer. Can they use the information against you

    Do Miranda rights still exist

    Kent’s Answer

    The information cannot be used against you if you were in custody. Whether or not you were in "custody" is not always an easy question to answer. You should contact an attorney to discuss your case.

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  • DUI

    My boyfriend and I were sent thru a roadblock last night. He had two beers and I had two mixed drinks in about 3 hours. He blew a .09 and was sent home with me as I blew .38 and then a .28 about 20 minutes later. They made me wait a little longer...

    Kent’s Answer

    It sounds to me like your boyfriend was charged with a DUI. There were 21 other people that were cited with DUI from last weekend's checkpoint in Fort Collins. It is important to contact a criminal defense attorney right away to discuss the charges and the scheduling of a DMV hearing.

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  • What to do next? need help- Probation

    I am currently on probation that I have received last year around feb, I have not missed a BA, and am in good standing with my terms. However, I recently got a criminal mischief less than 500 ticket, in which the officer did not even see me do. Th...

    Kent’s Answer

    You should consult with an attorney right away. There are many good attorneys on avvo that could assist you with this. Be careful what you say to your probation officer. Anything you tell him or her could be used against you in a future proceeding.

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  • Probation Violation. What will happen next?

    I am on probation for a DUI, last weekend I received a summons ticket walking home with a drunk friend, who had punched out a car window. We all received a criminal mischief ticket under 500. I am scared they will send me to jail over this, I have...

    Kent’s Answer

    Mr. Torbenson is correct. Also, I will add that since you are on probation you are required to report all law enforcement contact to your probation officer; therefore, it wold be best to report it to him/her as soon as possible. Keep in mind though that you have the right to remain silent and you should exercise it. You have to report the law enforcement contact, but you don't have to tell your probation officer all the details about what happened. I agree that it would best to contact a criminal defense attorney.

    Kent J. Leier
    The Leier Law Office, LLC

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