If you are facing criminal charges, you likely will be working with a criminal defense attorney. Sometimes, a client will choose to plead guilty in exchange for a plea offer.
Often, a defense attorney will reach out to the prosecutor to see if there is an offer in the case. The prosecutor has very little information about the client as a person or his life experience. 
It is very helpful for a client to provide mitigating information to his or her attorney. For example, if a client is charged with a drug offense, it is very helpful to present evidence of drug treatment and rehabilitation to the prosecutor. 
If you are working with a defense attorney in an effort to secure a favorable plea offer from the prosecutor, consider providing information about your mental health status, employment history, information about your children or other relatives for whom you are responsible.

It is important to understand the possible penalties if you find yourself charged with a crime in Colorado.

In general, there are three levels of misdemeanors in Colorado. There are first, second, and third degree misdemeanors. There are different punishment ranges for drug misdemeanors and certain extraordinary risk crimes. A heightened punishment may be imposed if a person has committed certain misdemeanors in the past (for example, a second conviction for violation of protection order can carry a longer sentence than the first conviction). 

The most serious misdemeanor, a first degree misdemeanor, carries a potential penalty of 6-18 months in jail. A second degree misdemeanor could result in 3-12 months in jail. Whereas a third degree misdemeanor could mean up to 6 months in jail. A person may also face fines and court costs if convicted of a misdemeanor.

It is important to speak with a criminal defense attorney before pleading guilty to any criminal charge, even if it is a misdemeanor. 

Padilla Law's main office is in Montezuma County, Colorado and we are accepting new criminal defense cases.



​Cortez, Mancos, Dolores, criminal defense. 

Attorney Beth Padilla litigated a case at the Colorado Court of Appeals addressing numerous child welfare issues, including the Indian Child Welfare Act (ICWA).

In the published opinion, the Court of Appeals determined that 1) a foster parent that no longer has the foster children in their care loses standing at the trial court; and 2) a trial court's denial of a tribe's request to transfer jurisdiction to tribal court is a final order based on the collateral order doctrine.

In Colorado, a foster parent may seek to intervene in a child welfare case after having the child in their care for three months. In this case, the children were then moved to a new foster home. The Court of Appeals determined that the original foster family could no longer participate in the proceeding once the children were no longer in their care.

In addition, the Court of Appeals determined that a trial court's denial of a tribe's motion to transfer the case to tribal court was a final order for appellate review. The Court of Appeals applied the collateral order doctrine and explained that "The collateral order doctrine permits — in limited circumstances — appellate review of an interlocutory order despite its non-final nature." 

The full decision can be found here: law.justia.com/cases/colorado/court-of-appeals/2019/18ca1478.html
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Padilla Law, P.C. is excited to announce their new office location in Durango. Effective May 16, 2019, Padilla Law will be located at 1099 Main Avenue, Suite 321, Durango, Colorado 81301. The firm's mailing address will remain P.O. Box 2835, Durango, Colorado 81302.

Please call the firm for an appointment.

Paul Padilla was co-counsel in a case decided by the United States District Court of New Mexico in 2014. The case involved subterranean  trespass and forced pooling in an oil and gas matter. It established subterranean trespass as a case of first impression. Paul successfully litigated the case. The case is published on Westlaw 2014 WL 11512599.

Beth Padilla recently served as Office of the Child's Representative firm faculty for a training at the National Institute for Trial Advocacy (NITA) in Boulder, Colorado.

Padilla Law has exciting updates!

• Beth Padilla recently received the Jim Covino Advocate of the Year Award from the Colorado Office of the Child's Representative. 
  Jim Covino (1946-2010) was a Colorado attorney who dedicated his legal career to the pursuit of justice for those less fortunate in society, including children involved in the court system. He served as a founding member of the OCR Board and played a pivotal role in shaping the organization and GAL practice into what it is today. A highly skilled trial attorney, Jim brought a level of integrity and intensity to the practice of child welfare law that served as an example to others and tremendously benefited clients. This award recognizes an attorney who demonstrates Jim’s example of exceptional advocacy skills, integrity, and compassion in their representation of children.

• Padilla Law is excited to announce the opening of a second office in Mancos, Colorado. Padilla Law is dedicated to serving the legal needs of La Plata and Montezuma Counties. Be sure to call the office for an appointment because the lawyers are working out of two locations. The Mancos office is located at 114 North Main, Mancos, Colorado 81328.

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• For the third year, attorney Beth Padilla was chosen as a Rising Star by Super Lawyers magazine. She was selected to the  2019 Colorado Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Colorado receive this distinction. 

--Beth Padilla

Often times grandparents serve a critical role in their grandchildren’s lives. Unfortunately, when parents go through a divorce, a grandparent’s ability to continue his or her relationship with the grandchildren can suffer. In Colorado, a grandparent may file a motion to intervene and request grandparent visitation in certain types of cases. Specifically, C.R.S. 19-1-117 allows a grandparent or a great-grandparent to ask the Court for reasonable visitation rights if there has been a child custody case (which can include a divorce or custody case between unmarried parents).
 
If the grandparent decides to seek a Court order for visitation, he will likely need to file a motion to intervene first. If the motion to intervene is granted, the grandparent becomes  a party to the child custody proceeding. Then, the grandparent must file specific documents to request Court ordered visitation.
 
Many grandparents do not want to be a party to his or her child’s divorce case. Sometimes grandparents choose to hire an attorney and try to negotiate grandparent visitation with the parents. If that is successful, the parents can file a notice with the Court indicating they agree to the grandparent visitation.
 
Child custody proceedings and divorces are hard for the entire family. Ensuring grandparents continue to have contact with their grandchildren can be very important to families. 

-- Beth Padilla

Are you caring for a child pursuant to a guardianship? Are you a grandparent who has custody of his grandchildren? Sometimes, families decide that adoption is the best option for children and seek to terminate the parent's parental rights.

In Colorado, an individual may file a motion to terminate a parent’s parental rights under limited circumstances, pursuant to C.R.S. 19-5-203(1)(j). First, it is important to understand that it is against public policy for a parent’s parental rights to be terminated unless some other adult is going to adopt the child. For example, if a mother files a motion to terminate the parental rights of the father, but there is no other adult willing to take the father’s parental rights, the Court is likely to deny the motion.
 
A parent’s parental rights may be terminated if the parent has failed without good cause to provide financial support to the child or has abandoned the child for a year or more. Filing a petition to terminate a parent’s rights on this basis is not a guarantee that the Court will grant the motion and a hearing is required. The person seeking the termination must serve the parent with all of the paperwork and the parent will have an opportunity to tell the Court why his or her rights should not be terminated.
 
If a person is successful in terminating a parent’s parental rights, the person may then seek to adopt the child. Private terminations and adoptions are a complicated part of the law and seeking legal representation can be helpful. 

--Kayla Mahoney, Legal Intern​

​Beginning August 9, 2017, it will be legal to use force in order to rescue animals or people from dangerous cars. However, there are a few things to know in order to be immune from criminal or civil liability.
 
Who is Protected?
CRS 13-21-108.4 protects “at-risk persons” which are at risk adults, at risk adults with an intellectual or developmental disability, at risk elders (people over the age of 70), or at risk juveniles (people with a disability under the age of 18). Dogs and cats are also protected; livestock is explicitly not protected under the new law.
 
Prior to Breaking a Window
First, you must have a reasonable belief that the at-risk person or animal is in “imminent danger of death or suffering serious bodily harm.” Second, you must make a reasonable effort to find the owner or person driving the car. Third, you have to ensure the car is locked and that the only way to enter is by force. Fourth, you have to contact law enforcement (fire department, animal control, or 9-1-1) prior to breaking a window. Make sure to document and report to law enforcement the color, make, model, license plate, and location of the car.
 
Breaking a Window
If you need to use force to rescue, do not use any more force than is necessary. For example, if breaking one window will suffice, don’t break all the windows.
 
After Breaking a Window
You must remain with the person or animal near the vehicle until law enforcement arrives and not interfere with their official duties.
 
If you have to leave before law enforcement arrives, you must (1) place a note on the windshield of the car and include your name and contact information and (2) inform law enforcement that you must leave, include your name and contact information. It is important to note that this applies even if you are leaving to take the person or animal to seek medical help. If that is the case, you must also leave the name and contact information of the place you are taking the injured on the note left on the driver’s windshield and also provide the information to law enforcement.
 
Things to Remember about Rending Emergency Services

• This law does not apply to law enforcement vehicles.
• According the ASPCA, animals shouldn’t be left in cars when the outside temperature is above 70 degrees, even with windows down. However, the Colorado law does not have a minimum or maximum temperature to render emergency services.
• To determine if it is appropriate to use force to render emergency services, you must have a reasonable belief it is necessary. A reasonable belief is one that an average person of sound mind would also have.

 
In Conclusion
Although the new law may provide some protection if an animal is in danger, we do not recommend breaking windows. Utilizing the new law should be an absolute last resort and may not protect a person from being charged with a crime.