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Kent Joseph Leier
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Kent Leier’s Answers

62 total


  • 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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  • Can I be charged with driving without a license when I was sitting in the passenger side of vehicle

    I got dropped off at my wifes work we went and ate some food and she drove us back to her work parking lot and left the vehicle running and said she would be back within ahalf hour about fuve minutes later a cop was banging on passenger side windo...

    Kent’s Answer

    This doesn't make much sense to me because as the charge indicates you must be driving to be found guilty of "Driving without a License". The officer can charge you with a lot of things, but the question is whether you can be found guilty of it. I would recommend contacting an attorney for a consultation at the very least.

    The Leier Law Office, LLC
    Kent J. Leier

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  • I had a felony complaint filed again my roommate and I. The charge will be contributing alcohol to minors, we're both 19.

    It was in our house, yet we never gave alcohol to anyone. Any alcohol that was brought, was brought by these kids. We both didn't even want these kids at our house. The two of the minors were 17.

    Kent’s Answer

    I would recommend calling Brandon Luna for a consultation. He is one of the best attorneys in your area. You don't want to try handling this on your own.

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  • What can I do to minimize the charges against my husband for domestic violence?

    My husband and I had an altercation where he physically put his hands on me to move me away from him and I was holding our 2 month old daughter. He was arrested and I believe is being charged with 3rd degree assault w/ a domestic violence enhancer...

    Kent’s Answer

    The attorneys above are correct. I would add that you should not have any contact with him unless the protection order has been modified to allow such. If he has any contact with you in violation of the protection order he will be facing another class 1 misdemeanor.

    Kent J. Leier
    The Leier Law Office, LLC

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  • If arrested for possesion of of narcotic equipment and of a dangerous drug/ no text. What type of drug may they be arresting for

    Child saying the arrest was for being stopped in a car with a meth pipe found in the glove box.

    Kent’s Answer

    I'm a little confused by your question, but it sounds like the individual was arrested for possession of drug paraphernalia and possession of a schedule II controlled substance. If the officer found a meth pipe in the glove box and there was residue in the pipe from it being used to smoke methamphetamine then the individual in possession of the pipe could be charged with possession of a schedule II controlled substance (meth).

    Kent J. Leier
    The Leier Law Office, LLC

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