If you want Honest, Vigorous, Ethical and Aggressive Criminal Defense Representation at reasonable fees and an attorney who looks out for your best interests, then look no further. As a skilled Denver Criminal Lawyer, I am committed to providing each client with the best possible legal representation. I have established an impressive record representing clients in Denver, surrounding communities, Colorado Springs, and throughout the state.

As a first generation immigrant and a naturalized U.S. Citizen, I fully understand the peculiar difficulties, concerns and anxieties of immigrants (legal or illegal). I do not judge you based on your immigration status; but do realize that you have different concerns and needs than U.S. citizens. I look into these concerns with great empathy and seek to obtain the best possible resolution of your case after considering any immigration impact the criminal charges or conviction may have on your immigration status. I understand that your immigration status is very important to you and have grave concerns of the possibility of being deported or your immigration status being canceled. In order to avoid unintentional or accidental possible negative immigration consequences to our clients, the Iyer Law Office adopts a strict policy to inquire into our client’s immigration status. In this way, we can help our client avoid certain, sometimes irreversible, negative immigration consequences including deportation or denial of U.S. Citizenship.

No case or matter is too small for my Firm. Call me immediately if you have been arrested or are under investigation for any of the following criminal offenses:

• Criminal Law (Colorado State and Federal)
• All Misdemeanors and Felonies
• All Traffic cases
• Crimes Against the Person
• Crimes Against Property
• Crimes Involving Fraud
• Juvenile Crimes
• Drug Crimes

My professional philosophy and credo has always been that the most important and only factor that really matters, in EVERY CASE, is the CLIENT'S BEST INTEREST. As a former Colorado State Deputy District Attorney, I understand and work with the prosecution (but always protecting your rights and interests) to secure the best possible resolution to your case. I will provide you with my best legal advice and judgment; but you are in ultimate control of your case. You decide whether to take the plea offer or to challenge the accusations at trial. Whichever course you choose, I provide knowledgeable, vigorous defense, working VERY HARD, at all times, to VINDICATE YOU OF ALL CHARGES.

Prior to establishing my own law office in January 2005, I was a Deputy District Attorney in Colorado for about three years. As a prosecutor, I successfully prosecuted thousands in County and District Courts. I have conducted 20 to 25 jury trials and 10 to 15 Bench (Judge) trials and hundreds of pre-trial motions hearings.  Therefore, I have ACTUAL TRIAL EXPERIENCE. I understand how the criminal justice system works. As a skilled Denver Criminal Lawyer, I use this special knowledge and experience to walk and guide you through the labyrinth of the Criminal Justice System in a user-friendly, courteous and respectful manner.

My office understands that, like the vast majority of honest and hardworking Americans, you may not have all of the legal fees upfront. Therefore, we do not require you to pay upfront all of the legal costs. Rather, we work with you to tailor your investment in your defense to your ability to pay. In addition, we have very reasonable tiered fees. You only pay for the tier of service you actually use. Barring exceptional circumstances, there is no hourly rate, but rather a flat fee for each tier of service. You know the expected legal fees at the beginning of hiring us to represent you. Now that is a relief, and rarely is there a surprise.

Unlike some criminal defense attorneys, my Firm will always assist you during all stages of the criminal justice system including Bail Bonding, Bail Reduction, and the pre-arrest process. I will always move the Court to either release you on a PERSONAL RECOGNIZANCE BOND (you are out of jail on your signature) or to reduce any bond to an affordable and reasonable amount. Your freedom is always my FIRST PRIORITY. I will always work very hard and smart to protect your rights, promote your interests and to achieve the best possible outcome and resolution in a cost-effective and efficient manner.

If you have been accused of a crime, the decisions you make now can literally affect the rest of your life. The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future. As a skilled Colorado Criminal Defense Attorney, I have extensive experience helping people make these important decisions.

My Firm also handles Juvenile Law cases, including Dependency & Neglect. In addition, my firm also provides legal representation and services in commercial (business) transactions, estates, wills, trusts, probate administration, and taxes.

The Iyer Law Office schedules appointments that are convenient to you because we care. You, the client, ALWAYS COME FIRST. For your convenience, we schedule appointments even on weekends and holidays, and we provide our clients with a cell phone number to reach us 24/7. We are ready to serve you whenever you are in need. It is our business and mission to serve your needs.

If you or someone you know in Denver, Colorado Springs or throughout Colorado needs the assistance of an experienced Denver Criminal Lawyer, call Attorney Venkatesh "Vee" Iyer today at 866-770-2361, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of fraud crimes.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated, dating, or previously dated. There must have been an “intimate relationship”. Domestic violence can be criminal and includes physical assault, hitting, pushing and shoving, harassment, etc., sexual abuse, unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life. Domestic violence is not itself a separate crime, but it enhances the sentence of the underlying crime, such as assault and battery, harassment, disorderly conduct, murder, manslaughter, violation of a restraining order (court order), rape, sexual assault.

Felony Crimes:
Felony Crimes includes drug and narcotics, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote. Any felony conviction may severely restrict the job opportunities you can get or the job offers could be at a much lower pay, thereby dramatically negatively impacting your professional job prospects or career. If you are a professional, like a Certified Public Accountant, Medical Doctor, Real Estate Agent or Broker, required to be licensed to practice in the State, the State Licensing Board can suspend, revoke or deny the issuance of the required license to practice. You have effectively, in most cases, lost the only source of income, which can have a real impact on you, your family and children, including their ability to attend prestigious colleges. Felony charges are very serious and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain felony crimes.

Mandatory Sentences:
In Colorado, some crimes are classified, under certain circumstances, as crimes requiring mandatory sentences, which usually are felonies. For violent crimes such as murder, first or second degree assault, kidnapping, sexual crimes, aggravated robbery, first degree arson, first degree burglary, escape, or criminal extortion, used or possessed or threatened the use of a deadly weapon like a gun or knife or a club in a crime, crimes against an at risk juvenile (under 18 years and with a disability or mental illness or developmentally disabled) or an at risk adult (any person 60 years or older, or over 18 years and with a disability or mental illness or developmentally disabled). On conviction, either at trial or by plea bargain, the Judge has no discretion but to impose the mandatory sentence which could be as much as twice the presumptive range for the underlying crime you are convicted. The Mandatory Sentence Statutes are highly complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes.

Habitual Offenders Statutes:
In Colorado, if you have been previously convicted twice of certain types of felonies (however long ago) in Colorado or another State or United States (Federal) and you, thereafter, are convicted of certain types of felonies you cannot be paroled until you have served at least 40 calendar years. This is one type of Habitual Offender Statute. The other one is, if you have previously been convicted twice for certain types of felonies and within 10 years you, thereafter, are convicted of certain types of felonies in Colorado or another State or United States (Federal) you can be sentenced to up to 3 times the maximum presumptive range for the current crime. The Habitual Offenders Statutes are complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes.

Habitual Child Abusers Statute
In Colorado, if you even one previous conviction of child abuse (however long ago) in Colorado or another State or United States (Federal) and you, thereafter, are convicted of child abuse you cannot get probation or suspended sentence or deferred prosecution but the Judge must sentence you to the maximum presumptive for the current conviction, to the penitentiary (if a felony) or to county jail (if a misdemeanor). The Judge has no discretion (he cannot give you a lesser sentence). The Habitual Child Abuse Statutes are complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain child abuse crimes.

Habitual Sex Offenders against Children Statutes
In Colorado, if you even have one previous conviction of certain sex crimes against a child (however long ago) in Colorado or another State or United States (Federal) and you, thereafter, are convicted of certain sex crimes against a child you cannot be paroled until you have served at least 3 times the maximum presumptive range for the current crime. If the current crime is a felony you will be sentenced to the penitentiary; if it is misdemeanor to the county jail. In addition, there are mandatory sex treatment and registration requirements. The Habitual Sex Offenders against children Statutes are complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain sex crimes against children.

Consecutive Sentences:
In Colorado, if you are convicted (either by plea or at trial) of more than one crime you can be sentenced on each crime and the sentence for each crime will run one after the other. This means the sentence for the second or more crime will begin after you have served the sentence for the first crime and thereafter after you complete serving the sentence imposed for each crime. The Consecutive Sentences Statutes are reasonably complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to assist you to avoid the pitfalls of these statutes and to seek concurrent sentences, thereby in some cases, significantly reducing the total time served if consecutive sentences are imposed.

Concurrent Sentences:
In Colorado, unlike Consecutive Sentences, if you are convicted (either by plea or at trial) of more than one crime you can be sentenced on each crime and the sentence for each crime will run at the same time as other crimes.  This means that the sentence for each crime is served at the same time as the sentence for every other crime you are convicted.  In some instances, the Defendant's attorney (your attorney) must specifically request the Judge or prosecutor to get the benefit of concurrent sentencing.  A skilled attorney, like Venkatesh ("Vee"), will be able to assist you to invoke the benefit of concurrent sentences, thereby in some cases, significantly reducing the total time served if consecutive sentences are imposed.

Credit for Pre-Sentence Time Served:
In Colorado, in some instances, you can request the court or prosecutor to grant you, on conviction (either by plea or at trial) of a crime, credit for any pre-sentence time served in jail towards the sentence imposed.  In some cases, you have to specifically request the Judge or prosecutor for this benefit.  A skilled attorney, like Venkatesh ("Vee"), will be able to assist you to invoke the benefit of credit for pre-sentence time served, thereby, in some cases, drastically reducing the total time served if credit for pre-sentence confinement (time spent in county jail) is not granted.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies.  Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence, in some cases, not exceeding 24 months, or both.  If a jail sentence is imposed, it is served at a county jail rather than a State or Federal prison (penitentiary).  In many jurisdictions (like Colorado), and in certain types of cases, defendants (you) who cannot afford an attorney may not be entitled to a court-appointed attorney (State paid or the Public Defender) in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by county, and sometimes, municipal courts with abbreviated procedures, such as a city court or municipal court procedures (where your rights are limited).  Some misdemeanor convictions could result in being deported if you are an illegal alien or proceedings to cancel your legal status could be commenced by Homeland Security (Immigration Department - ICE) after you are convicted of certain misdemeanor crimes.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm.  The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge.  Most violent crimes are considered felonies and are subject to be considered a "strike" in a State (like Colorado) that has adopted three strikes laws.  Violent criminal charges can include: aggravated assault, arson, assault and battery, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.  Serious Violent Crimes are highly complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in serious violent crime cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of a serious violent crime.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully.  Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides.  Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are charged with criminal offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes.  In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history.  An arrest and conviction for one of these crimes can have a serious impact on your life. White Collar Crimes are highly intricate and complex and only a skilled attorney with a strong financial and accounting background and expertise, like Venkatesh ("Vee"), will be able to effectively represent you in white collar crime cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department – ICE) after you are convicted of certain white collar crimes.

Expungement (Sealing of Records) Motions:
An Expungement (Sealing of Records) of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency.  The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time.  Even if you are never found guilty, an arrest is not expunged unless a court grants your Expungement petition.  State statutes (like Colorado) impose application guidelines and, sometimes, waiting periods for various types of arrests and convictions.  The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot.  The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records.  Under most circumstances, once an Expungement has been granted those records cannot be disclosed.  A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record.  Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile.  Delinquent behavior is divided into two categories: status offenses and delinquency offenses.  Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations.  Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain crimes when a juvenile.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing laws are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating and negatively impacting the rest of your life.  For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on State criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.  Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years.  Worse, in some cases, a child may end up being prosecuted as an adult where the punishment is even more severe. Crimes committed while a juvenile are unique and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in such cases.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors.  The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court.  In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction.  In federal court, they are called habeas corpus petitions.  By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email.  Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers.  These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes. Internet crimes are highly technical and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in internet crime cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain internet crimes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Unlawful sexual contact, Sodomy and Statutory Rape.  Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work.  Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder.  Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain sex crimes.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse.  By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty.  To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most States have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use – it is still a crime) or a larger amount (intent to sell or distribute, trafficking).  A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom. Drugs and narcotic cases are highly technical in nature and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in drugs and narcotic cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted of certain drugs and narcotics crimes.

Driving Under the Influence (DUI):
A DUI occurs when someone is operating, or is in “actual physical control” (a term of “art” – just the keys in the ignition and being in the driver’s seat without the car running – is enough to be in actual physical control) of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit (.08).  Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device.  In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.  DUI cases are highly technical and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI crimes.

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail.  Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence or both.  Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of driving with a suspended license.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others.  It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds.  It is generally charged as a misdemeanor, punishable by a fine or a county jail sentence or both.  It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance.  Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents.  Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DWAI (Driving while Ability Impaired – BAC is .05 but less than .08) charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers.  It is, at minimum, a serious misdemeanor punishable by jail time and a high fine.  If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence.  In either case, the charge has nothing to do with who was at fault in the accident.  Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

DUI – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life.  In some States (like Colorado), when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder (attitude of universal malice manifesting extreme indifference to human life or reckless disregard for human life) if the circumstances are particularly aggravated. DUI – Murder cases are highly technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI – Murder cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI – Murder.

DUI – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so.  When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with vehicular manslaughter. DUI – Manslaughter cases are highly technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI – Manslaughter cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI – Manslaughter.

DUI with Prior Convictions:
In all 50 States, repeat DUI offenders face progressively stiffer penalties.  In some States (but not Colorado), the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term.  The elements of the offense are the same, whether or not there are prior convictions. DUI with prior convictions are technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI with prior convictions. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI with prior convictions.

Driving Under the Influence of Drugs (DUID) or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUID by producing a prescription for the drug in question.  This is not true. A DUID (drugs) charge has nothing to do with whether or not possession of the drug was lawful.  The legal issue in any DUID case is whether, as the result of "impairment," the driver has lost the ability to drive safely.  It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.  DUID cases are highly technical and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUID cases.  If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUID.

Contests of Speed (Drag Racing):
In most States, engaging in contests of speed (racing) is a serious misdemeanor punishable by county jail time or a fine or both.  It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency.  It is also fairly certain to result in cancellation of automobile insurance.  Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.

Other Traffic Crimes:
Every State has its own set of laws governing the operation of motor vehicles on public streets and highways.  Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty.  One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations.  Many States have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation.  Automobile insurance carriers often cancel the policies of drivers with too many “points.”  The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most States provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested.  If a hearing is not requested within the time provided by law (7 days in Colorado) the right to a hearing is waived (forever lost), and the suspension goes into effect automatically.  In some cases, the time for requesting a hearing is very short (like Colorado only 7 days) (therefore, contacting a skilled attorney immediately, like Venkatesh ("Vee"), is very critical to avoid an automatic revocation order) and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint.  Self-representation at a suspension hearing is rarely successful.  The different types of administrative suspension include:

Your Legal Rights in Denver Colorado

Know Your Rights

It does not do you any good to tell the police "I know my rights." It is, however, very important that you actually know what your rights are, and why you have them.

A Brief Background

What we call our "rights" are established by the United States Constitution and the Colorado State Constitution. States have their own constitutions, but a State, in this case Colorado, can never give you less rights than the Federal Constitution gives you.  This is why the United States Constitution is so important when it comes to your Colorado criminal case.  The Federal Constitution guarantees you the minimum rights that you have.  A skilled attorney, like Venkatesh (“Vee”), will use these rights to prevent you from being convicted where that is possible.

For example, The Fourth Amendment of the United States Constitution says "The People shall be free from Unreasonable Searches and Seizures."  The writers of the Constitution realized that the government could become too intrusive, overbearing, and dominant over the citizens of our country.  The Fourth Amendment was meant to protect you, the citizen, from the government, or in criminal cases, the police, detectives, and the District Attorney.

If you read The United States Constitution, what it says is very short and simple, and does not seem to explain what "Unreasonable Searches and Seizures" actually means.  For example, if an officer comes up to you on the street and asks you to empty your pockets is that unreasonable?

phis is where case law comes in.  Through centuries of evolution of the criminal justice system, the phrase "Unreasonable Searches and Seizures" has been interpreted by the United States Supreme Court, thousands of times, to mean very specific things based on the particular case in front of the Court.  In our example above, the police must have "reasonable suspicion" to stop you on the street, and then they need "probable cause" to have you empty your pockets.  If they do these things without reasonable suspicion, or probable cause respectively, then it is an "Unreasonable Search and Seizure," and you may have a good defense to your criminal case.  This is based on the Supreme Court’s case law interpretation of the Fourth Amendment.

The Rights You Need to Know

As discussed above, the rights you have under The United States and Colorado State Constitutions take many different forms, depending on the specific facts of your case.  A skilled criminal defense lawyer, like Venkatesh (“Vee”), will figure out how the complexities of your case apply to the law as your case progresses.  However, before you speak with a criminal defense lawyer, you may be confronted with a police investigation, and may have to act without an attorney to aid you.  This is why it is important that you understand your basic rights.

Your three most important rights are:

Your right to an attorney is particularly powerful if you are facing questioning by the police.  If the police are trying to get you to talk and you say "I am going to remain silent," the police will almost certainly continue to ask you questions, and try to get you to talk.  However, if you ask for an attorney, they are required by law to stop talking to you altogether.

Please also note, while you have a Constitutional Right to a jury trial, some courts (municipal or city court and county court, in certain cases) may actually make you pay a "jury fee."  If you fail to pay this by the statutory deadline, the court can prohibit you from having a jury trial, and force you to have a trial to the judge.  This generally weakens your chances for a successful defense.  It is always better for the accused person to have a jury trial.  If you appear in court before you hire a lawyer, be sure to pay your jury fee in a timely manner.

Dealing With Police, the Do's and Don'ts

DO NOT TALK TO THE POLICE – THEY ARE NOT YOUR FRIEND (they may behave like your best friend). If you don't remember anything else, don't forget this!  The police will use every tactic you can imagine to get you to talk to them.  This is because yourstatements are additional evidence that they can use against you later.  They will try to intimidate you, or they will try to make you think they are your best friend.  The police will also play games with you (remember the “good cop” and the “bad cop” routine in movies). Your right to remain silent is absolute.  Use it.  You are only required to tell them who you are and where you live.  You may say something that you think is harmless at the time, but turns out to hurt you later if it conflicts with some of the other evidence in your case.  Do not be intimidated.  Remain silent.

Be aware that the police will lie (it is legal under certain circumstances) to you to get you to talk.  Believe it or not they are allowed to do this.  They will say things like "we know you did it," or "your buddy already confessed," or something along those lines.  Prepare yourself to hear this:  "It will go easier on you if you tell us NOW" or, and this is my favorite: "It looks bad if you do not talk."  At that point repeat the following mantra in your head (remember, you are not to talk) No, it does not look bad.  It looks like I am asserting a right that is the cotter pin of our freedom.  Do not let them fool you, remain silent.

Meanwhile, when the police put pressure on you to talk to them (and they will) be polite, make the lawyer the bad guy - my attorney tells me not to talk - and tell them you will talk to them when you are with your lawyer. In this way, you can deflect the pressure they put on you in a nice way.  If they persist stay polite and simply clam up. In these situations, it is wise to follow your Grandmother or mother’s adage “SILENCE IS GOLDEN."

Keep in mind that the police officer, detective, or even the police captain have no authority to promise you favorable treatment if you "cooperate."  Only the District Attorney has the power to make that offer.  The deals involving cooperation should only be negotiated between your attorney and the District Attorney.

If you are arrested and placed in jail, be sure not to talk about your case over the phone since you may be recorded (it is perfectly legal and common practice for jails to do this type of recording – generally, a person in jail has no right to privacy). Also, do not talk about your case with any of the other inmates, as they may have an incentive to help the District Attorney in order to get a good deal for themselves.  You have no friends in jail.

DO NOT GIVE CONSENT TO SEARCH - Police or detectives are not allowed to search your home unless you give them consent to do it. (If they have a search warrant, there is not much you can do, at least at that time). However, a skilled lawyer, like Venkatesh (“Vee”), at a later proceeding, can challenge the police to establish a legally valid basis for the search. If the police fail, the Judge could and, most probably, would suppress all the evidence obtained through the search.  Here again, do not be intimidated into giving consent.

WATCH OUT FOR THE RECORDED PHONE CALL - The police may get someone to call you and record what you say.  They may have the alleged victim in your case call you and say, "I think they know you did it," or “remember I know you did it” or the police have a witness who saw you did it” or something like that.  You should not respond to a statement or a question like that.  Hang up the phone.  The same type of call may come from a co-defendant (someone else who has been charged with the same offense).  The co-defendant may be working with the police in order to get a good deal themselves.  Once again, do not answer and hang up. Remember, if the police already have the necessary evidence, then, why do they need your statement or “confession”? It is not your job to help the police to convict you. It is better to keep your mouth shut for if you do not say anything then it is very difficult for the police to make it up in a police report or to the court or prosecutor (they cannot lie that you said something when you did not).

SUPPRESSING EVIDENCE

Denver Legal Advice

First off, the Bill of Rights is not a "technicality".  You may be guilty as hell but it is right and proper that you walk (found “not guilty”) if the police acted in a way hostile to a fee society. Because it is not just your rights, it is all of ours.  The exclusionary rule both protects our freedom, and enhances the professionalism of law enforcement in this country.  It is the ultimate quality control device.

While not a technicality, motions to suppress can be conceptually tricky, their outcome subject to the inclinations of the Court, changing case law, and to the varied facts of the case.  Here is something, however, to help you get a handle on it.  If it feels deep in your gut that the police were out of line, there may be something to it.  A traffic stop for an equipment violation, without more, does not justify a search of passengers; and you would feel hassled if you were one of the passengers searched.  On the other hand, a SWAT team jumping out at you after you try to unload fifty tabs of ecstasy to an undercover informant may be overkill, but is not a violation of the fourth amendment. (There might be an entrapment defense, though. Give me call.)

Will a motion to suppress lie? Consult your "hassle index" and talk to your attorney.

There are many ways a case can fall apart for the prosecution.  Witnesses move away without leaving forwarding addresses.  Essential evidence gets lost, or, more often, falls short of being able to convict.  For example, a pawnshop form on which a defendant allegedly gave false information is poorly designed and subject to different interpretations.  There is always cause for hope, but to flush out these "get out of jail" cards you need to fight.  That means hiring an attorney, like Venkatesh (“Vee”), who is willing to fight for you.  Please consider me for that position.  But whoever you hire, get yourself an attorney, and never give up hope.

If you or someone you know in Denver, Colorado Springs or throughout Colorado need the assistance of an experienced Denver Criminal Lawyer, call Attorney Venkatesh ("Vee") Iyer today at 866-770-2361, or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

ADDRESS OF THE FIRM:
The Iyer Law Office, LLC
10170 E. Mississippi Avenue
The AllCare Building 
Denver, CO 80247
Telephone: 866-770-2361
Fax: 303 388 1003

MEMBERS OF THE FIRM:

Venkatesh "Vee" Iyer
Venkatesh firmly believes that to better serve his clients and the public it is essential that an attorney complete the required continuing education requirements at the very minimum.  The State of Colorado, presently, requires licensed attorneys to complete 45 credit units in a three year period. The State’s continuing education requirements are treated by Venkatesh as the bare minimum.  From January 2006 till date Venkatesh has completed over 292 credits.

He also strongly believes that the Iyer Law Office, L.L.C., must actively participate in community service.  Since 1983 he has contributed to community events.  He was the Joint Treasurer of the BAND AID-UNICEF programs in the United Arab Emirates, raising over $300,000 for the famine-stricken people of Ethiopia.  He has participated in Channel 9 News Law Line; MDA fundraisers; KCET TV (Public Television) fundraisers and in VITA tax assistance programs for low-income taxpayers. Therefore, The Iyer Law Office, L.L.C., has created a slow pay or low pay fee structure for its less fortunate clients.  The Slow pay or Low pay offers legal services to people with low income or assets and is designed to fit each client's specific financial and legal needs.

EDUCATION:

• Washburn University, J.D. (Dean’s List and with Honors) 2001
• Colorado District Attorneys’ Council Trial Techniques School (2002)
• Bill Trine’s Trial Skills School (2006-2007) (Trine is a Board Member at the Trial Lawyers College, Wyoming, founded by Gerry Spence)
• Computer Aided Legal Instruction Award Recipient for highest-class grade in: Contracts II, Trusts, Secured Transactions, and Pre-Trial Advocacy
• Who’s Who Among Students in American Universities & Colleges (2001-2002)
• Former Colorado Certified Public Accountant (1995 to 2000), Certified Management Accountant; Certified Internal Auditor; Chartered Bank Auditor; National Tax Practice Institute;
• University of Bombay Masters in Commerce (Business) 1977

JURISDICTIONS LICENSED IN:

• Colorado
• Wyoming
• United States Supreme Court
• United States Court of Appeals, 10th Circuit Court
• United States District Court, District of Colorado
• United States Bankruptcy Court, District of Colorado
• United States Tax Court

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Colorado Bar Association
• Denver Bar Association
• Colorado Criminal Defense Bar Association
• National Association of Counsel for Children
• Asian Pacific American Bar Association
• Criminal Law Section, Colorado Bar Association
• Tax, Estates and Trusts Section, Colorado Bar Association
• Business Law Section, Colorado Bar Association
• Wyoming State Bar Association

FOREIGN LANGUAGES SPOKEN:

• Hindi
• Tamil