Sentences Disproportionate To The Crime

Colorado’s lawmakers, between 1979 and 1994, saw fit to pass laws mandating enhanced sentences for habitual offenders. It was expected that these long, scary sentences would have a deterrent effect on crime. Unfortunately, the law of unintended consequences has also been at work, filling the state’s prisons beyond capacity with criminals who in many cases are serving sentences out of proportion to the severity of their crimes.

The Colorado prison system is currently operating at 116 percent capacity, with 14,835 inmates —about 2,000 more than its buildings are designed to house.

Hire The Best Layer You Can Get

While Colorado’s habitual offenders laws are controversial, they are a fact of life. If you have a record of a felony offense above Class 6 and commit another offense, if convicted, you’re facing many years in prison. The system is complex, and you will need to have a very knowledgeable and effective defense attorney if you are to avoid what could amount to lifetime incarceration, depending on the nature of your crime and the number of prior serious felony convictions.

How The Habitual Offender Laws Work

While Colorado has a “three strikes and you’re out” law on the books, it is the state’s other habitual offender laws that are typically invoked.

Under Colorado’s “little habitual” offender law, if you’re convicted of a Class 1, 2, 3, 4, or 5 felony, and have been convicted of two felonies within the previous ten years, you can be adjudicated a habitual offender, with a mandatory prison sentence of triple the maximum sentence for the presumptive range for your most recent crime. For example if you have a eflony DUI on your record and get convicted again of a felony DUI you are eligible to become a habitual offender in the site of the law. A reason why it is so important to retain the services of an experienced DUI lawyer near you, when charged with this type of crime, as they will do all they can to protect your rights and minimize the impact on your life.

An offender convicted of a fourth felony, regardless of the felony class, will be adjudicated a habitual offenders under the “big habitual” statute. In this case, the prison term mandated is four times the maximum sentence in the presumptive range.

It gets worse. Anyone convicted and sentenced under the big habitual statute who is released and later convicted of any violent felony becomes a habitual offender under the “bigger habitual” statute, which comes with a mandatory sentence of life in prison without the possibility of parole for at least forty years.

Experienced Defense Counsel Is A Must

The law is certainly daunting, and if you find yourself in a position where a conviction will put you away for the remainder of your life or at least a major chunk of it, you understand the importance of hiring an aggressive, bright, and skilled lawyer who understands the penal system, knows the judges and prosecutors and has earned their respect, and is a dedicated and passionate advocate for the accused.

In Colorado Springs, there is no better choice than criminal defense attorney Steven T. Rodemer. Steve’s reputation has grown rapidly as his record of successful outcomes has become widely recognized throughout the legal community. A former prosecutor, Steve has intimate knowledge of the workings of Colorado’s criminal court system. He knows the prosecutors, knows the judges, and enjoys their respect. He knows how to investigate a Colorado criminal case, how to identify problems with the arrest, and how to raise a reasonable doubt at trial. He knows when it is in your best interest to enter into a plea bargain, and when you should go to trial. If a plea bargain is your best option, he will aggressively push for the most favorable disposition for you. If you opt for a trial, he will fight for you aggressively, using every available defense and employing the tactics that have earned him the gratitude of so many of his clients whose charges

Protect Your Rights And Your Future

When your freedom and your future are at stake, call the Rodemer | Kane in Colorado Springs for unrivaled representation by one of Colorado’s most effective criminal defense attorneys near you. If you’re facing federal criminal charges in Colorado, contact one of our federal criminal defense lawyers today to schedule your consultation and take the first step toward securing your future.

Also see our page on DWI lawyer near you if you have been charged with drinking under the influence.