Colorado Springs Nuisance Abatement Defense

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335

Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL 
  ATTORNEY

 
Attorney Business Hours
Attorney Availability Status
FREE INITIAL CONSULTATION

Fax (719) 260-1003

COLORADO SPRINGS NUISANCE ABATEMENT
FORFEITURE & INJUNCTION
 
WELCOME
I appreciate your interest
perhaps I will become your attorney
COLORADO SPRINGS NUISANCE FORFEITURE DEFENSE
COLORADO SPRINGS NUISANCE INJUNCTION DEFENSE
Criminal Trial Practice 25+ Years in Colorado State Courts & Colorado Springs Municipal Court
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
CIVIL INJUNCTION CIVIL FORFEITURE WARNING RIGHT TO SILENCE
GENERAL INFORMATION
CRIMINAL
DEFENSE
PROSTITUTION
CRIMINAL CASES
POTENTIAL DEFENSES

ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel

No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

Abatement charges occur across Colorado - refer to travel. Travel Policies & Trade Area *  Itemized Expenses *  Colo Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

Colorado Springs civil forfeiture, restraining orders & nuisance abatement - alleged nuisance relating to prostitution, soliciting for prostitution, pimping, pandering, drug prosecution, gambling, hit & run - defense against civil claims by government seeking restraining orders, injunctions or asset forfeiture. Assets or money seized by CSPD Metro VNI or other law enforcement agency. Sealing civil court records, sealing criminal justice records.


RIGHT TO REMAIN SILENT

NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

IMPORTANT - PLEASE READ CAREFULLY

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.


        Colorado statutes classify identify 4 classes of nuisances.  The statutes are rather lengthy and not included here.  Below I have provided an abbreviated synopsis of assets used in connection with criminal activity which are generally included as class 1 pubic nuisances pursuant to CRS 16-13-303.

  1. public or private place of prostitution, place where the following occurs - commission of soliciting for prostitution, pandering, keeping a place of prostitution, or pimping

  2. child prostitution, place where the commission of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping of a child, inducement of child prostitution, sexual exploitation of children

  3. gambling

  4. unlawful drugs - unlawful manufacture, cultivation, growth, production, processing, sale, or distribution or for storage or possession for any unlawful manufacture, sale, or distribution of any controlled substance or any other drug the possession of which is an offense, except for possession of less than eight ounces of marijuana

  5. drug paraphernalia - unlawful manufacture, sale, or distribution

  6. theft by receiving or transportation of goods which are the subject of felony theft

  7. commission of any felony not otherwise included in this section

  8. felony vehicular eluding 

  9. hit and run with serious bodily injury or death

  10. drive-by crime

  11. committing, attempting to commit, or conspiring to commit against an elderly person any felony.  For purposes of this forfeiture, an "elderly person" means a person sixty years of age or older.

  12. All equipment, mechanical systems, or machinery, or parts thereof, shall be deemed to be a class 1 public nuisance at the location of the automatic dialing system when used for soliciting with an automatic dialing system containing a prerecorded message.

        Judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.  CRS 16-13-309

        Pursuant to CRS 16-13-303

        Forfeiture may include all fixtures and contents of any building, structure, vehicle, or real property which is a class 1 public nuisance and all such property is are subject to seizure, confiscation, and forfeiture 

        In addition, the personal property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining, aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and forfeiture.  The following shall be deemed class 1 public nuisances and be subject to forfeiture and distributed as provided in section 16-13-311 (3), and no property rights shall exist in them:

  1. All currency, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any public nuisance act; or

  2. All proceeds traceable to any public nuisance act; or

  3. All currency, negotiable instruments, and securities used or intended to be used to facilitate any public nuisance act; or

  4. All equipment of any kind, including but not limited to computers and any type of computer hardware, software, or other equipment, used in committing sexual exploitation of a child, as described in CRS 18-6-403, or computer crime, as described in section CRS 18-5.5-102

        Additionally, the state may move for forfeiture summary judgment if no dispute exists as to the facts.

        Simply stated, when a person commits crime, much of the person's physical wealth or possession may be subject to forfeiture.  Call it greed or deterrence, this significantly piques interest of the State of Colorado.


        The District Attorney Office may seek an injunction to abate a nuisance.  Usually this would take the form of a court order closing a business, but essentially an injunction prohibits a given activity.

CRS 16-13-302 declares it is the policy of Colorado that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the

See: People v. Perez, 192 Colo. 562 (Colo. 1977)
                business closed permanently - prostitution
        Steinberg v. People, 154 Colo. 264, 390 P.2d 811 (Colo. 1964) 
                business closed one year - center of annoyances, vandalism and indecencies
        Edelweiss v. People, 154 Colo. 154, 389 P.2d 189 (Colo. 1964) 
                business closed permanently - prostitution




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Nuisance Abatement Overview

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        To abate a nuisance, a forfeiture action may be commenced against property, real or personal.  CRS 16-13-301, et. seq.  Forfeitures are disfavored as a matter of public policy.  People v. One 1988 Mazda 323, 857 P.2d 569 (Colo. App. 1993)

        ADMISSION OF OWNERSHIP INTEREST.  Any person contesting an action for forfeiture must establish his or her standing as a true owner of the property subject to forfeiture.  People v. Grell, 950 P.2d 660 (Colo. App. 1997)

        The state must establish a nexus or connection between the asset and the nuisance.

        USE OF VEHICLES TO TRANSPORT STOLEN ITEMS - INSUFFICIENT NEXUS.  Defendant used a 1988 Mazda lawfully to drive to and from her job in a department store.  On two separate occasions was observed removing merchandise from the store without paying for it, then placed the items in her Mazda and drove away.  Such thefts constituted felonious conduct. The People, for the purposes of this proceeding, conceded that the theft was completed before defendant placed the stolen merchandise in her vehicle, but sought forfeiture under Colorado's Abatement of Public Nuisance Act, § 16-13-301 on the theory the Mazda aided and abetted defendant's illegal activity making it subject to forfeiture under CRS 16-13-303(2).  The facts and the evidence presented, when placed in context with concessions by the People, were inadequate to prove that the Mazda was sufficiently connected to the thefts to allow forfeiture under either § 16-13-303(1) or (2).  People v. One 1988 Mazda 323, 857 P.2d 569 (Colo. App. 1993)

        USE OF VEHICLE FOR COMMUTE TO MARIJUANA CULTIVATION - INSUFFICIENT NEXUS. Where there had been no activity, other than the cultivation of marihuana, carried on at an office location, and 3 affidavit asserted that: "I observed the trucks . . . being driven . . . to the dental office on several occasions." However, none of these affidavits alleged that either of the two trucks were involved in carrying any item either to or from the office where the marihuana was under cultivation, citing People v. Cerrone, 780 P.2d 562 (Colo. App. 1989) the court ruled the evidence was insufficient to establish a nexus. CRS 16-13-303(3)(b) which makes property acquired by the proceeds from unlawful activities forfeitable, this court held, as a matter of law, that the absence of proof that the property had a connection with criminal activity made its forfeiture improper. People v. Cerrone, 780 P.2d 562 (Colo. App. 1989).

        USE OF VEHICLE IN PROSTITUTION - FORFEITURE APPROVED.  Where defendant had telephoned an undercover police officer and solicited prostitution, then drove in the Volkswagen to the motel where the contract for prostitution was completed, the evidence established that the vehicle was used by the defendant in completing the crime of solicitation by driving to the motel for that purpose. A sufficient nexus had been established linking the car to the criminal activity. People v. 1979 Volkswagen, 773 P.2d 619 (Colo. App. 1989) This case is similar to People v. Garner, 732 P.2d 1194 (Colo. 1987) in which the vehicle was used to transport marihuana.

        FORFEITURE - INFERRED NEXUS. By establishing that the items sought to be forfeited were used in the unlawful activity, the items were subject to forfeiture pursuant to CRS 16-13-303(2). Because the building in which the items were located was deemed a public nuisance, the trial court could reasonably infer that the use of the items seized was "connected or rationally related to" the unlawful activity. People v. Lot 23, 735 P.2d 184 (Colo. 1987)

        FORFEITURE - RELEVANT RULING. People v. Cerrone, 780 P.2d 562 (Colo. App. 1989)

        Defendants operated numerous lingerie modeling and massage businesses for the purpose of promoting prostitution. Trial court inferred that at least the items of personal property were purchased with proceeds from <prostitution> because it found no legitimate source of funds for these large cash purchases. No evidence was presented, however, to trace any of the real or personal property in question here to illegal proceeds.

        FORFEITURE OF ASSETS PURCHASE WITH PROCEEDS TRACEABLE TO NUISANCE All proceeds traceable to certain illegal activities, including prostitution, are subject to a forfeiture. CRS 16-13-303(3)(b). If the property is not per se connected to the criminal activity, the

        People have the burden of establishing a nexus between the property for which the forfeiture is sought and the criminal activity. People v. McBeath, 709 P.2d 38 (Colo. App. 1985). The nexus required by the statute is that the items be proceeds traceable to the illegal activity.

        Defendants obtained the motor home in exchange for a vehicle and an amount of cash. There is no evidence in the record to connect this purchase to illegal proceeds accruing within one year prior to the filing of the complaint or at any other time. Traceability was not shown.

        The family home was paid for with other proceeds unrelated to the prostitution activities and was not used for any illegal purpose. Ruling: the home could not be seized. In an action to abate a public nuisance, only real property which has been used for the illegal purpose which is the underlying subject matter of the action is subject to forfeiture and seizure. CRS 16-13-314.

        STATUTE OF LIMITATIONS. All forfeiture actions must be commenced within one year after the cause of action accrues. Section 13-80-103(1)(d). Consequently, the trial court was without authority to order a seizure of items as proceeds traceable to illegal activities conducted more than one year prior to the filing of the complaint. People v. Steinberg, 672 P.2d 543 (Colo. App. 1983). As the automobile, pickup truck, and boat with trailer were all purchased more than one year before the filing of the complaint, the trial court was without authority to order a seizure of those items.

        TIME FOR FILING.  Where the prosecution failed to file a complaint within 60 days as required by CRS 16-13-307(3.5), the court ruled that failure to file a complaint within the 60-day period provided in 16-13-307(3.5) is not a jurisdictional defect that would divest a trial court of subject matter jurisdiction, but a procedural defect that subjects the complaint to dismissal at the discretion of the trial court.  People v. Grell, 950 P.2d 660 (Colo. App. 1997)

  1. If the owner pays all costs, fees, and allowances which are declared by this section to be a lien on the building, place, or real property, and files a bond in the amount fixed by the court not to exceed the full value of said property, with sureties to be approved by the court, conditioned that he will immediately abate any such nuisance that exists at the building, place, or real property and prevent the same from being established or kept thereat within a period of one year thereafter, and

  2. If the owner

  3. The property may be returned to the owner 

  4. CRS 16-13-310. Redelivery of Seized Premises

  5. This is essentially a means to return property to a non-culpable owner

        What does this all basically mean?  If a person engages in prostitution or one of the above defined nuisances, buildings, fixtures, contents, motor vehicles, bank accounts or practically any other asset which can be connected to the unlawful / prohibited activity is subject to seizure and forfeiture in a civil lawsuit.  

        If a person has utilized an expensive automobile to drive to prostitution engagements, or if a person has used his / her home for engagements, telephone appointment setting center, or the bookkeeping or other business end of any above identified criminal / prohibited activity, say good-bye to the asset unless a defense exists.  To pursue forfeitures, the local DA Office employs a deputy district attorney who is autonomous from prosecutors and offices in the CSPD Police Operations Center, Metro Vice & Narcotics Unit.  Forfeiture is what he / she does.


CIVIL LAWSUIT
INJUNCTION OR FORFEITURE
 
POTENTIAL DEFENSES
caveat - more law is applicable - just a brief overview here
Self Help Legal Research Colorado Revised Statutes Travel Time & Mileage Attorney Fees & Costs

        The primary defense would be that the State's proof failed to establish the activity defined as a nuisance, or that the State failed to establish a sufficient nexus (connection) between the asset and the nuisance.  If the state is seeking forfeiture based upon traceable proceeds, defendant may attack the audit trail.  If the state fails to file within the statutory time, jurisdictional arguments would naturally be raised.

        The requirement that defendant must establish his or her standing as a true owner of the property subject to forfeiture may be sufficient to cause acquiescence to forfeiture.  If criminal charges are pending or if the defendant is being investigated for possible future criminal charges, and if ownership or possessory  interest of the asset is a fact detrimental to the defense, a person may be in a position where it is best to default in the forfeiture action.  Ownership claim under oath would be admissible in any other lawsuit - civil or criminal.

        In the course of a forfeiture action, a defendant may or may not be able to negotiate re-purchase at a value less than fair market value.




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Nuisance Abatement Overview

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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.


INJUNCTION & NUISANCE FORFEITURE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?
 
 
 

In determining whether representation is economically justifiable or prudent, to a large extent a prospective client's decision will likely be influenced by four major factors.

1.  If injunctive relief is sought, is the activity income generating, and if so, the amount of income derived from the activity.

2.  If forfeiture relief is sought, what is the value of the assets subject to forfeiture action 

3.  If either injunctive or forfeiture relief is sought, how much personal importance does defendant assign to the activity or asset.

4.  If the state is successful, possibility of sealing of civil court records is nearly non-existent.  If defendant prevails on the merits, perhaps an order to seal civil court records could be obtained.  The civil suit will allege an activity which defendant may find repugnant or harmful to reputation or future business dealings, job opportunities or other potential future consequence.  The forth factor foreseen to counsel is how much importance defendant assigns to sealing civil court records.

If the prospective client finds one of the above factors important, it's probably time to loosen the pocket book and hire an attorney.  If relevant, you need not retain my services, but hire counsel.


ATTORNEY'S FEES AND COSTS
NUISANCE ABATEMENT DEFENSE
FORFEITURE
  *  CIVIL INJUNCTION
Secure On-Line Payment

   

        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 flat fee through trial court final hearing. 
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..

 
 
 
 
 

POTENTIAL FEE QUOTE
NUISANCE ABATEMENT

 
 
HEARING FLAT FEE
FORFEITURE
NOT INJUNCTION
$1,500*
 
 
HOURLY FEE RATE
FORFEITURE OR
INJUNCTIVE RELIEF

I generally offer hourly fees or a hearing flat fee.  The hearing flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote in a forfeiture case if the attorney has provided defense in the underlying alleged criminal nuisance and is familiar with the facts and circumstances.  Civil injunction would be billed upon hourly fees.

trust deposit request regarding fees & costs
need for legal research and briefing or private investigation can change the quote dramatically.

Absent criminal defense representation, the attorney would need to know more about the facts and circumstances surrounding the alleged nuisance and identification of assets before making a final offer of hearing flat fee or quoting a trust deposit request for anticipated costs.  This shall neither constitute an offer, nor be construed as a binding estimate.
 

Forfeiture action is frequently ancillary to representation in a prostitution or drug case.  Forfeiture cases may be negotiable and time expended in negotiations may exceed time spent in hearing preparation.  If the case appears indefensible at hearing, negotiation may be the wisest alternative.

 

PAYMENT
Secure On-Line Payment

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.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
$       1,500  
$       1,000  
 
hearing common trust deposit request
FORFEITURE - NOT INJUNCTIVE RELIEF
transcript of underlying court proceedings may vary costs expense
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

$2,500*

 

 

nuisance abatement defense - forfeiture - not injunctive relief
* this shall not constitute an offer, nor be construed as a binding estimate

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.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
payment not received as agreed = representation withdrawn

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
Secure On-Line Payment
THIRD PARTY PAYMENT AUTHORIZATION

charge card merchant discount

COSTS
Out of pocket expenses (costs) are the responsibility of the client.
Generic costs relevant to any criminal action Generic costs relevant to any litigation
potential nuisance abatement defense out of pocket expenses
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report
20.00   Offense Report
10.00   DA Office discovery packet - estimate (actual may be more or less)
10.00   Local court archive records search fee (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
30.00   OJW fee to court (outstanding judgment warrant)
2.20   DMV admin hold release fee (OJW - outstanding judgment warrant)
500.00   Private Investigator initial retainer - if relevant - Rivera Investigations utilized by attorney
     variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

NOTE

It is generally prudent to procure DA criminal case discovery, law enforcement video or audio tapes and to conduct police officer or witness interviews by a private investigator prior to negotiations.  These matters will likely have been accomplished in the defense of the underlying criminal charge

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*  Absent knowledge of specific facts, no realistic cost estimation can be made in a forfeiture or civil injunction case regarding court transcripts of testimony or exhibits in related proceedings.

 
 
******************** ******************** ********************
 
FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
HOURLY vs FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
FEES & COSTS SECURITY TRUST ACCOUNT WITHDRAWAL - TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION  NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

Thank you for considering my services; I appreciate your inquiry.


ATTORNEY REPRESENTATION
AND DECLINED MATTERS
 
SEALING CRIMINAL RECORDS CRIMINAL DEFENSE TRAFFIC DEFENSE DRUNK DRIVING - DUI DEFENSE
DRIVER LICENSE DEFENSE FAMILY LAW  DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE PRIMARY WEBSITE INDEX
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes

third party payment authorization
charge card merchant discount
 
MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se
Attempt to Prepare Defense of Own Nuisance Abatement or Forfeiture Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept nuisance injunctive or forfeiture representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

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 preparation or defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

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.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your nuisance injunctive or forfeiture case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

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 preparation or defense in your current nuisance injunction or forfeiture case.  I decline.

 
 
UNDERLYING CRIMINAL CASE - POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

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.

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.

 

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.

 
 

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.

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.

Colorado MAP
Southern Colorado Area

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.

COUNTIES

CITIES / TOWNS

El Paso County

Colorado Springs / Manitou Springs / Fountain

Chaffee County

Salida

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.
Crowley County

Ordway

Custer County Westcliffe Metro Denver Area
Douglas County Castle Rock COUNTIES CITIES / TOWNS
Elbert County Kiowa / Simla City and County of Denver Denver
Fremont County Canon City / Florence / Penrose Adams County Brighton Thornton Federal Heights
Huerfano County Walsenburg Arapahoe County Littleton / Centennial / Englewood
Las Animas County Trinidad Arapahoe County - East Aurora
Lincoln County Hugo (county seat) / Limon Broomfield County Broomfield
Otero County La Junta Gilpin County Blackhawk / Central City
Park County Fairplay Jefferson County Golden / Wheat Ridge
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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ATTORNEY ETHICS & CLIENT DISCLOSURES
Prior Convictions or Bad Acts
important warning information before disclosure
CONTACT AND PRIVACY
Confidentiality & Privacy Policy
email, and cordless, wireless or cell phones

please feel free to call or email if you are a client or are seeking representation  

 
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
 

PRIMARY WEBSITE

HOMEPAGE  

   CRIMINAL DEFENSE
 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL
TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE
PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE
SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE
LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT
PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION
RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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Topical Website Copyright © 2003 - All Rights Reserved - Document Revised May 05, 2009
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February 22, 2004
- Republication Date: May 25, 2006

   

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