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Obernesser & Obernesser is a full-service law firm for both individuals and businesses

Civil Litigation

Through decades of practice, the attorneys at Obernesser & Obernesser have established an outstanding reputation as excellent trial lawyers with litigation experience before a variety of state and federal courts.

With civil litigation, one major area for client concern is the cost associated with taking a matter through trial.  While there can be no question that litigation can be expensive, the attorneys at Obernesser & Obernesser consistently strive for efficiency in the handling of all client matters, thus allowing our clients to retain a premier team of lawyers and professionals dedicated to achieving the highest results without incurring unreasonable costs.

If you are considering filing a civil suit, or have recently been named as a defendant in a civil suit, call Obernesser & Obernesser today to speak with an experienced attorney who can help you.

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Misdemeanors

While misdemeanors are generally considered to be “less serious” criminal offenses, the consequences for a conviction of a misdemeanor offense are truly serious, including substantial fines and possible imprisonment.  Under Colorado law, for a Class One Misdemeanor,a judge could impose a $5000 fine and/or 18 months in jail, in addition to any community service requirements or terms of probation that may also be imposed.  Apart from the immediate ramifications that can be felt at sentencing, a misdemeanor conviction can have lifelong consequences, including difficulty in securing future employment.

Having an experienced criminal defense attorney on your side is absolutelynecessary if you hope to avoid paying massive fines or spending time behindbars.  Contact Obernesser &Obernesser, and talk to an attorney today.

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DUI

A charge of DUI, DWAI, or DUID can and will affect your family, your job, and your future.  If you have been arrested or charged with any alcohol or drug-related driving offenses, you need to speak with an experienced attorney immediately. 

For many people, a DUI charge is their first experience with the criminal justice system, and the entire process can be overwhelming.  For this reason, it is important to contact an attorney who can help you through the process and discover whether there are any valid defenses to the charges pending against you. You should not take any action, such as pleading guilty, before you have had an opportunity to speak to an attorney about your case. At Obernesser & Obernesser, we will work with you to determine if any of the following defenses apply to your case:

Stop Was Invalid

For a police officer to pull you over, there must be a valid reason for him to do so. This may be as simple as a traffic violation, such as speeding or weaving in-between lanes. However, if there was no reason for the initial stop, a subsequent arrest may also be invalid. Obernesser & Obernesser will walk you through the facts that led the police officer to stop you and determine whether the officer had any valid reason to pull your vehicle over.

Field Sobriety Tests

The “tests” used by an officer during a traffic stop for DUI, such as heel-to-toe walking, standing on one leg, and the horizontal gaze nystagmus test, are not foolproof. They are based on the officer’s observations at the scene, and the conditions at the scene may affect your performance. For example, if the road is uneven or cracked, it may be impossible to walk in a straight line, whether or not the person being tested has consumed any alcohol or drugs. If there was an accident involved, or if there is a physical disability or recent surgery, an individual’s inability to balance on one leg may be due to those factors rather than the consumption of alcohol or drugs. Obernesser & Obernesser attorneys will review the facts of your case to determine whether these defenses apply to your case.

Blood Alcohol Content (BAC)

The term “Blood Alcohol Content” (BAC) means the concentration of alcohol in a person’s bloodstream, expressed as a percentage. In most states, you may not operate a vehicle with a BAC of .08 or higher. However, much like the field sobriety tests mentioned above, the results of a BAC test are not foolproof, and may be challenged in court. The State may have used techniques that violate generally accepted procedure or used unqualified personnel to test your BAC. Obernesser & Obernesser attorneys will review all aspects of your BAC test for a possible defense to the DUI charge.

Miranda Warning

Once you have been placed under arrest, the police officer must inform you of your Miranda rights (the right to remain silent, the right to an attorney). If you are not advised of your rights, any statements made after your arrest may not be admissible as evidence against you. Obernesser & Obernesser will work with you to determine whether any of the evidence that the State is relying upon to convict you of DUI may be excluded at trial.

Testimony

You have the right to present testimony that shows that you were not intoxicated at the time of your arrest. This may include testimony from friends and family that were with you before you began driving, as well as anyone who was with you when you were pulled over by the police. This testimony can directly contradict evidence from the arresting officer that you appeared to be intoxicated, such as whether you were slurring your speech, having trouble standing or walking, or were driving erratically. Obernesser & Obernesser will work with you in contacting and interviewing any witnesses that may present favorable evidence on your behalf.

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Felony

A felony, as opposed to a misdemeanor or petty offense, is the most serious offense that you can be charged with under Colorado law.  Below is a list of the felony classifications and their potential penalties should you be convicted of such an offense in Colorado:

Felony Classifications
Penalties – Fines
Penalties – Imprisonment
Class 1 Felony
Up to $1 million
Life Sentence- Death Penalty
Class 2 Felony
$5,000- $1 million
8- 24 years
Class 3 Felony
$3,000- $750,000
4- 12 years
Class 4 Felony
$2,000- $500,000
2-6 years
Class 5 Felony
$1,000- $100,000
1-3 years
Class 6 Felony
$1,000- $100,000
1 year- 18 months

See Colo. Rev. Stat. 18-1.3-401.

In light of the stiff fines and possible imprisonment that you may face if you are convicted of a felony of any class, it of paramount importance that you speak with an experienced criminal defense attorney immediately if you have been, or believe you soon will be, charged with a crime.  Your right to an attorney during the criminal justice process is one of the most basic rights guaranteed to you by the United States Constitution.  Exercise that right by contacting the attorneys at Obernesser & Obernesser today.

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