Law Office of Andres R. Guevara 2026-01-23T02:57:22Zhttps://www.guevaracoloradolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104627/2025/11/cropped-AG-site-icon-32x32.jpg Law Office of Andres R. Guevara<![CDATA[Indecent Exposure Charges Filed Against Denver Firefighter]]>https://www.guevaracoloradolaw.com/?p=467552025-11-12T17:31:40Z2021-04-29T05:00:00Z Law Office of Andres R. Guevara<![CDATA[Denver Latinos Concerned About Officer Shootings]]>https://www.guevaracoloradolaw.com/?p=467562025-11-12T17:32:10Z2021-04-29T05:00:00ZDenver Police Shootings Go Unchallenged
In so many cases around the country and here at home in Denver, Colorado, police shootings fall under the radar and go unchallenged. While we hear of a few bigger shooting cases, many more police shootings go unreported. Maybe its because the victims were unlucky and didn’t have an eyewitness videotaping the encounter, or perhaps because video is kept under lock and seal pending an investigation.
In Denver, members of the Hispanic community are speaking up against police shootings of citizens. The Denver Police Department, in a public relations effort, is reaching out to representatives to discuss the rash of shootings. But these attempts have been a case of two steps forward, one step back. In March, representatives from Denver law enforcement met with the family of Latinos who have been shot and killed by police officers. The meeting was set-up as an outreach. However, family members were told that the meetings would only occur if they kept the news media in the dark and didn’t bring attorneys. So much for being transparent.
This month, members of Denver’s Latino community met with law enforcement and expressed concerns over the repeated police shootings of youth in the city. They also expressed frustration that despite all the complaints, nothing has changed. For example, far too many police shootings involve people who are kept from medical attention until it is too late.
For example, in 2015, police shot 17 year old Jessica Hernandez and in 2014 Ryan Ronquillo. Both shootings were deemed justified by the Denver DA and controversy surrounds both cases. Specially, in Ronquillo’s case, police waited for paramedics to arrive to aid the shooting victim and the lack of on scene medical attention contributed to his death.
In Denver, citizens are getting fed up with the rash of police shootings and instead of standing on the sidelines, the Latino community is taking a stand and demanding answers to tough questions. The next step is to see if Denver’s police department starts making the necessary changes or if they continue to stonewall.]]> Law Office of Andres R. Guevara<![CDATA[Don’t Blame Marijuana For Denver Crime Increase]]>https://www.guevaracoloradolaw.com/?p=467572025-11-12T17:32:38Z2021-04-29T05:00:00ZThat’s right, zero.
Perhaps more disgusting is that Colorado police and government officials knew that there were no cases of kids getting marijuana/marihuana candy for Halloween. And they still told the lie and the news folks ate it up.
Marijuana Not to Blame for Crime Increase in Denver
As Denver’s population grows, it is naturally expected that there might be an increase in crime and sure enough, the beginning of 2016 shows a slight increase in crime along the Front Range. As if on cue, the haters have come out of their caves to try to blame the boogeyman (marijuana) for this increase.
Recently, our neighbor to the South, New Mexico, considered a measure to legalize marijuana. Of all of the states bordering us, New Mexico is by far the most likely to legalize. Its a “blue” Democratic state (despite its current governor) and surely they must have seen that marijuana legalization in the Mile High City hasn’t led to some zombie apocalypse breaking out. Plus, wouldn’t you as a state want some of these tax dollars? (hint to neighboring Kansas, whose budget is swimming in red)
Sadly, legalization failed and one of the reasons cited was a comment by New Mexico Republican William Sharer who pointed his crooked finger at Denver and proclaimed that since pot was legalized in 2014, Denver crime has increased.
Poor Mr. Sharer must have failed basic statistics and history in college, and may have missed out on the class where the professor warned not to confused “correlation” with “causation.” I mean, under this analysis I could blame an increase in crime on Peyton Manning or the Broncos winning the Super Bowl. Hasn’t crime increased since that great game? I guess the Broncos winning led to an increase in crime! Um, no.
Thankfully, people who actually care about evidence looked at the crime numbers and determined that this is just more fear mongering.
First, any increase in crime is minimized when you consider an increase in population. Denver is a growing city and an increase in people correlates to a comparable increase in crime.
Second, and more importantly, people in Colorado have been keep tracking of the actual crimes being committed (perhaps in part to smack down the haters who continue to spread nonsense about marijuana). Since 2012, officials have crunched the numbers and have determined the following:
In any given year, marijuana-related crimes account for less than one percent of all crimes.
That is less than one percent. Not zero, but pretty dammed close.
And that ratio hasn’t changed. Even with the increase in population, marijuana is accounting for less that one percent of all crimes. The fear that marijuana legalization is causing crime is sheer nonsense, but the lies will continue unless we stand up to the lies and misinformation. We won’t convince those who peddle in fear or individuals/companies that financially benefit from the so-called War on Drugs. However, maybe we can start educating everyone else.
Contact us for a free consultation. ]]> Law Office of Andres R. Guevara<![CDATA[Denver Habitual Traffic Offender]]>https://www.guevaracoloradolaw.com/?p=467582025-11-12T17:33:43Z2021-04-29T05:00:00ZC.R.S. 42-2-202 classifies a Habitual Traffic Offender as:
Any person, resident or nonresident, who has been convicted of three qualifying, separate and distinct driving offenses within a seven year period, based on the date of violation, not conviction. Qualifying offenses that lead to a 5 year license revocation include, but are not limited to:
Driving under the influence (DUI)
Driving while ability impaired (DWAI)
Reckless Driving
Driving under suspension or revocation (DUR)
Vehicular assault
Vehicular homicide
If a person has 10 or more convictions of separate and distinct driving offenses within five years where the offenses carried four or more points each, or;
If a person has eighteen or more convictions of separate and distinct offenses within five years where each offense carried three points or less.
Colorado Habitual Traffic Offender Penalties
Although many people falsely believe that traffic offenses don’t carry serious consequences, a Habitual Traffic Offender will have their license revoked for 5 years. Depending on the driver’s record he or she may be eligible to reinstate his or her license early upon contacting the DMV and meeting their reinstatement conditions.
Colorado Aggravated Driving with a Revoked License, C.R.S. 42-2-206
A person commits the crime of aggravated driving with a revoked license if they are found to be a Habitual Traffic Offender and then operates a motor vehicle in Colorado while the revocation is in effect, and also commits any of the following offenses:
Driving under the influence (DUI)
Driving while ability impaired (DWAI)
Reckless driving
Eluding or attempting to elude a police officer
Vehicular eluding
Aggravated Driving with a Revoked License Penalties
Any person convicted of aggravated driving with a revoked license commits a class 6 felony, punishable by a prison sentence between 1 year and 18 months.
Denver is particularly harsh of habitual traffic offenders in that the Denver Municipal Code allows the Denver Police to seize and impound the vehicles of habitual traffic offenders. Labeled as a “public nuisance” the vehicles can be permanently taken through civil forfeiture proceedings.
If you’ve been charged as a Habitual Traffic Offender or Aggravated Driving without a license you need competent legal advice from a Colorado criminal defense lawyer who is familiar with the nuances of DMV proceedings. At the Law Office of Andres R. Guevara our attorneys will work diligently to protect your legal rights and your driver’s license. Please contact us today for a free consultation to find out how we can help.]]> Law Office of Andres R. Guevara<![CDATA[Should You Enter A Guilty Plea To A Sex Crime?]]>https://www.guevaracoloradolaw.com/?p=467592025-11-12T17:34:37Z2021-04-29T05:00:00ZConsult with a Sex Offense Criminal Lawyer
First, speak to an expert. And by expert I mean a criminal defense lawyer who specializes in sex offenses. You don’t want just any attorney or someone who mostly handles DUIs or misdemeanors. There is nothing wrong with those types of case and heck, our firm defends people charged with all crimes. But sexual assault charges are completely different.
Sex assault cases are complicated and require unique care and attention. You wouldn’t go to a dentist to handle a broken leg or open heart surgery. Issues in a sex case can include DNA, fingerprint, rape kit, medical trauma, forensic interviewing, and constitutional prohibitions on search and seizure. Get advice from only the most experienced criminal lawyers.
Investigate the Case First
For your own sake, don’t rush into any hasty decisions about pleading guilty. Step back and realize that this is a decision that will follow you for the remainder of your life. You don’t want to be looking back five or twenty years from now wondering why you made a rash decision.
Make sure that a proper investigation is done in the case. Witnesses should be interviewed by your experts and not just by police officers who may be biased or may have performed inadequately. After someone looks carefully at all of the facts in the case, it may be that you don’t need to plea after all, or if you have to plea, you may get a better offer. Don’t make a choice based on incomplete or incorrect information.
Pleading Guilty is a Case By Case Decision
Each case is different and because of this fact, no one can give you a clear-cut blanket answer of whether you should plea until a full review of the facts is done. In some cases, a defendant can benefit by entering a guilty plea. But there are also many times where a guilty plea will place such harsh restrictions that the defendant might have been better off fighting the charges at trial.
Remember, the sentences which come from sex offenses are incredibly severe. Punishment can include prison, sex offender registration, therapy sessions, community corrections, and the strictest probation requirements.
Before you make a bad decision, speak with expert sex offense lawyers who can properly advise you. At the Law Office of Andres R. Guevara, we are experts in sex crimes. Andres Guevara has successfully handled sex crime cases from all stages. This includes work on cases pre-arrest all the way up to trial. Using over two decades of legal experience, Andres Guevara fights for each of his client’s rights. Call now for a free consultation.]]> Law Office of Andres R. Guevara<![CDATA[How Can A Denver DUI Attorney Help You?]]>https://www.guevaracoloradolaw.com/?p=467602025-11-12T17:34:58Z2021-04-29T05:00:00ZA DUI Lawyer will Explain the Case and Sentences to You
Do you have a friend who just won’t go to a doctor? No matter how often they lose sleep or run a fever, they just never go. It’s as if your friend would rather just tough it out instead of having a trained and knowledgeable expert explain things and provide treatment. Sometimes it’s fear. Some people would rather not know. Sometimes it’s the lack of resources or medical coverage. Maybe even the inability to take time off from work to wait at a clinic.
People charged with DUI crimes are sort of like your friend. Some people just don’t want to deal with the hassle or expense of hiring a trained DUI lawyer. Maybe it won’t be that difficult, they think. Heck, I can go to court and the prosecutor will tell me what I should do–what could possibly go wrong with that? The answer is: a lot. Please remember that not every DA is the kind and friendly prosecutors from a TV show.
There is a reason why people hire DUI or DWAI attorneys for help. This is a speciality, kind of like a doctor who trains in an area of medicine. You wouldn’t go to a general practitioner for an eye surgery. It doesn’t make sense with doctors and this is very much the case with the law. People who have lawyers get better results, learn more about potential defenses, and leave the case feeling like they know exactly what can happen as a result of an arrest, conviction, or dismissal.
So for example, even if you have been driving and had been drinking, we can sometimes find errors in the police procedure or in the case that can make the difference between a conviction and dismissal. Wouldn’t you want to know for sure? A trained DUI lawyer who spends time in the courts and meeting with prosecutors knows how to “speak the language” used by DAs. We spend a ton of time developing positive relationships and we can use this good will on behalf of clients. People we work with know we are careful, aggressive and ethical and when we make an argument on behalf of a client, prosecutors know we have put much thought into the case.
Even if You Have Been Driving Drunk, a DUI Attorney Can Help
Do I still need an attorney if I am guilty of a DUI and was driving under the influence? Yes, an attorney can help regardless of whether you are guilty or innocent of a DUI. Even if you are dead set on pleading guilty to a charge, it is a good idea to at least confer with a lawyer to make sure that you are making the best choice. What if you found out after meeting with a DUI lawyer that you do not have to plead guilty? What if you found out that instead of running into court and getting a terrible sentence, if you let an attorney play your cards the right way, you could be better off?
Why not at least find out?
Your livelihood and freedom is far too important to leave up to chance. Sure, maybe you can actually go on your own and get a result. Sure, maybe your friend can just take an aspirin and his medical condition will get better. But then again, maybe not. It’s your life you are talking about. Why take these types of chances?
At the least, call for a free consultation. You might find that hiring experts in the field will get you the best result and the clearest peace of mind possible.
At the Law Office of Andres R. Guevara, we have attorneys who are experts in the DUI field. We aren’t “plea attorneys” that take your retainer and then think of the easiest way to finish your case with the least amount of work possible. Believe me, there are plenty of people out there who will. Instead, we have built our reputation on the basis of doing the best work possible and making sure that our clients feel that they are listened to and have had their rights protected. We are not the best fit for everyone and we are frankly proud of that fact. Instead, we prefer to work on a specific number of cases so that we can dedicate the most time to getting results.
Contact us for a free consultation. ]]> Law Office of Andres R. Guevara<![CDATA[Bilingual Criminal Defense Lawyer: Why It Helps]]>https://www.guevaracoloradolaw.com/?p=467612025-11-12T17:35:41Z2021-04-29T05:00:00ZWhy a Bilingual Criminal Attorney Matters
Imagine a situation where you are arrested in Denver, or in a nearby county such as Adams, Arapahoe, Jefferson, Douglas, or Weld. You are completely innocent of the charges and you are talking to your attorney about the facts of the case. One of the major facts is that the person accusing you used an expression which in your language is a threat or insult. But it doesn’t translate clearly into English and only a person familiar with your language or culture understands what is being said. In certain countries, for instance, some words are curse words while that same word means something else in a different country. If your attorney doesn’t understand either, how will this criminal attorney help you? How can he or she present your case clearly?
And this is just one of a million examples. Every day, people who speak Spanish are represented by attorneys who know only enough Spanish to order at a restaurant. In those instances, the attorneys should use an interpreter to communicate with a client or witness. If an interpreter is used, then many of the problems or concerns that arise can be avoided. For example, not every attorney in our office speaks fluent Spanish, but these attorneys use a native Spanish speaker as an interpreter.
Having someone who actually knows the language can make a huge difference. For one, clients feel more comfortable speaking with someone who understands them.
Have you ever tried to speak your native language to a person you know doesn’t understand you complete? When you try to do this, do you find that you cut out a lot of details, that you try to rush through and sometimes you even avoid communicating? This can happen with clients who are faced with an attorney who doesn’t understand them. The client talks less and leaves out critical details. In a criminal case, those differences can be huge and could mean the difference between winning and losing a case.
Beware of Attorneys Who Aren’t Really Bilingual
A criminal defense attorney can put on their website: Hablamos Español? But what does that mean? In most cases it means that there is probably a person in that office space who speaks some amount of Spanish? But how much and how well? You can’t know for sure. Don’t assume that just because a criminal defense attorney has a Spanish-sounding last name that they can actual speak Spanish. For years, Colorado had a senator with a Spanish sounding last name who couldn’t actually speak Spanish.
Almost every time I go to court I see criminal defense attorneys that pretend on their website that they speak Spanish. And when I actually see them in action, these attorneys will sometimes use the client’s family member to translate. Or else these same attorneys speak broken Spanish at a high school or middle-school level.
Fluent doesn’t mean the same thing to everyone. I grew up in a Spanish-speaking household. My parents were Cuban and had moved here in the 1960s. I learned to speak in Spanish before I learned English. For years, the only way English was spoken in the house was when we watched television. Not every criminal defense attorney should claim to read, write, or speak Spanish well even though many will try.
You wouldn’t want to hire a criminal attorney to handle your case at trial if they could barely speak English. Don’t settle for an attorney who only claims to be bilingual if what you want is someone who really is bilingual. There is a difference and you can hear it.
Contact us for a free consultation.]]> Law Office of Andres R. Guevara<![CDATA[“Saved By The Bell” Star Dustin Diamond Violates Probation, Owes Wisconsin $94,000]]>https://www.guevaracoloradolaw.com/?p=467622025-11-12T17:36:03Z2021-04-29T05:00:00Z Law Office of Andres R. Guevara<![CDATA[Adams County COCCA Arrest Nabs Sixteen]]>https://www.guevaracoloradolaw.com/?p=467632025-11-12T17:36:26Z2021-04-29T05:00:00Z Law Office of Andres R. Guevara<![CDATA[Can Your Criminal Record Affect New Felony Charges?]]>https://www.guevaracoloradolaw.com/?p=467642025-11-12T17:36:46Z2021-04-29T05:00:00ZPrior Criminal Record and Convictions Used at Trial
One of the ways in which prosecutors use criminal convictions is at trial and the Colorado Rules of Evidence permit this, with some exceptions. Rule of Evidence 404(b) allows “prior bad acts of an accused” for a few specific purposes. Those instances include:
Motive
Opportunity
Intent
Preparation
Plan
Knowledge
Identity
Absence of mistake or accident
As an example, take the case of an arson criminal charge with the defense of mistake. “I didn’t burn this house down, it was an accident.” Prosecutors will try to introduce at trial prior arson convictions to show that this particular arson was no mistake. In domestic violence charges, prosecutors use 404(b) all the time. If there are any prior instances of domestic violence (assaults, harassment, etc.), those instances can come.
And here is the warning, there does not need to be an actual conviction for the prior acts to be admissible at trial. In a recent domestic violence case we defended, the judge in Arapahoe County allowed the district attorney to describe to the jury some previous domestic violence allegations even when the police were never even called in those instances.
Sentence Increase and Habitual Offenses
The most obvious way in which a criminal rap sheet can come into play is through sentencing. Judges and district attorneys primarily rely on a criminal record in deciding the type and length of sentencing. If you have done jail or prison time in the past, you must expect that a judge will look to an increase the amount of time in custody.
In some instances, prior convictions can have devastating effects. Many counties in Colorado file habitual offense charges for people with multiple felony convictions. These counties include Denver, Arapahoe, Adams, Jefferson, Douglas, Larimer, and El Paso. However, these types of charges are most common in Arapahoe County and, while their use has decreased recently, the filing of these charges can be used as a negotiation threat.
Basically, habitual charges are Colorado’s version of the “three strikes” laws in other places such as Colorado. Certain felony charges qualify to be used as the enhancers and when they apply, potential sentences can get multiplied. For instance, let’s say a person is charged with an F3 felony for burglary, where the presumptive sentence is 4-12 years prison. If the defendant has two qualifying prior felonies, then with habitual charges, the prison sentence after conviction is 36 years. If there are three prior felonies, then the sentence is 48 years.
How Do I Fight Against the Stigma of Past Criminal Convictions?
Even person has a story and the same applies for prior criminal charges. The first step is to describe to the prosecutor and the judge what really happened in the prior case. Sometimes, the criminal charges itself sounds worse than the actual crime. For instance, I have represented clients who have burglary convictions in their past but when you investigate the actual event, I discovered that they plead to incorrect charges. In truth, the actual instance was not really a burglary. Similarly, I represented a woman charged with a felony burglary in Arapahoe County but after looking at the actual paperwork in the case, I discovered that the “burglary” was a shoplifting charged from a department store in Denver. Unfortunately, the client plead guilty without an attorney after an overzealous prosecutor wouldn’t make a reasonable offer.
Each case is different but the only way to combat the use of prior convictions is to investigate and aggressively use information to put the previous conduct in its proper light.
Contact us for a free consultation.]]>