Falcon Criminal Defense Lawyer

Are you looking for a criminal defense lawyer in Falcon, CO?

At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we are a criminal defense practice built on more than 20 years of trial work.

If you’ve been arrested or charged with a crime in Falcon, our Falcon, CO criminal defense lawyer can review the case against you and explain your options at each stage. We examine the arrest report, the charging documents, and the evidence the prosecution intends to use, and then we advise you on each decision that follows.

Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer was founded by Christian A. Schwaner, who has been licensed to practice in Colorado since 1997. He prosecuted cases in El Paso and Teller Counties before he began defending them. Contact us to schedule a free consultation with our attorney.

Criminal Defense Lawyer Falcon, CO

A criminal defense attorney represents a person accused of a crime from the investigation through dismissal, plea, trial, or sentencing. The work includes determining whether the stop, search, or arrest was lawful, testing the prosecution’s evidence, negotiating with the district attorney, and presenting a defense in court.

Criminal charges filed in Falcon are heard in the El Paso County courts. In fiscal year 2022, the 4th Judicial District, which covers El Paso and Teller Counties, recorded 26,982 District Court filings and 51,648 County Court filings. Felonies proceed in District Court. Misdemeanors and traffic offenses are heard in County Court.

Types of Criminal Defense Cases We Handle in Falcon

Falcon is unincorporated, so most local arrests are made by the El Paso County Sheriff’s Office or the Colorado State Patrol rather than a city police department. As a criminal defense lawyer in Falcon, Christian A. Schwaner represents adults and juveniles facing misdemeanor and felony charges throughout El Paso County.

• DUI. An impaired driving arrest creates two proceedings: the criminal case and a separate license action before the Colorado Division of Motor Vehicles. We review the reason for the stop, how roadside and chemical tests were administered, and the deadline for requesting a license hearing.
• DWAI. Driving while ability impaired is a lesser impaired driving charge than DUI, but a conviction still results in a criminal record and license consequences. We examine the test results and the officer’s observations offered to support the charge.
• Domestic violence. A domestic violence designation can be added to assault, harassment, criminal mischief, and other underlying charges. A protection order restricting contact with the alleged victim is common at the outset. We address the order’s terms early and examine the 911 call, the officers’ reports, and any statements taken at the scene.
• Assault and felony menacing. These cases frequently involve conflicting accounts of a single incident. The allegation of a weapon can raise the level of the charge. Our defense addresses self-defense, witness credibility, and the physical evidence.
• Drug offenses. Possession and distribution cases usually depend on how the drugs were found. We examine searches of vehicles, homes, and individuals for constitutional violations that could result in the suppression of evidence.
• Theft and property crimes. Colorado grades theft by the value of the property, so the valuation is often contested. We also handle criminal mischief, trespass, and fraud-related allegations.
• Weapons offenses. We defend charges of illegal possession and unlawful carrying, along with cases in which a weapon is alleged in connection with another offense. A conviction can limit firearm rights long after the sentence ends.
• Traffic tickets. Some traffic citations are criminal offenses, including driving under suspension, careless driving, and reckless driving. These charges can carry jail exposure in addition to license points.
• 6-point speeding tickets. One 6-point violation can bring a driver close to a license suspension. We negotiate for amended charges that carry fewer points.
• Military criminal defense. Falcon is located near Schriever Space Force Base, and many residents serve at installations around Colorado Springs. A civilian charge can prompt command notification or a security clearance review, and we consider those consequences throughout the defense.

Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as My Criminal Defense Lawyer in Falcon, CO?

Prosecution Experience in El Paso and Teller Counties

Christian A. Schwaner served as a Deputy District Attorney in El Paso and Teller Counties and later as a special prosecutor in Pueblo and Cañon City. He now defends the same kinds of cases he once prosecuted, with a working knowledge of how the State evaluates them. He understands how charges are filed in the 4th Judicial District, how plea offers are determined, and what evidence a prosecutor needs before taking a case to trial. He takes a hands-on approach to each case.

Christian earned his J.D. from the University of Denver after completing undergraduate degrees at Miami University.

Results and Professional Recognition

Each case depends on its own facts, and prior results do not guarantee a similar outcome. Christian A. Schwaner’s record and recognition include the following.

• Thousands of criminal and DUI matters handled over more than 20 years of practice
• Trial Hound awards in 2001 and 2002 from the El Paso County District Attorney’s Office for trying the most cases in the office
• A 6-point speeding ticket reduced to 0 points
• Favorable DUI outcomes for clients who had been told by other attorneys that little could be done
• Named Best DUI Attorney in Colorado Springs by Expertise.com in 2020
• A 4.9 rating across more than 100 client reviews
• Membership in the Colorado Criminal Defense Bar, the Colorado Bar Association, and the National College for DUI Defense (NCDD)

What Is Important To Understand About Criminal Defense Cases?

Charges, Penalties, and Defense Strategies for Criminal Defense Cases

Colorado classifies offenses by severity, and the classification determines which court hears the case and which penalties apply. Whether a charge is a misdemeanor or felony also affects bond and the plea agreements a prosecutor may offer.

• Petty offenses are the least serious category. Most are resolved with a fine.
• Misdemeanors are heard in County Court and may result in jail, fines, probation, or community service.
• Felonies are prosecuted in District Court, where a conviction can lead to a prison sentence and parole.
• Collateral consequences extend beyond the sentence. Employment, professional licensing, immigration status, and firearm rights can all be affected.
• Defense strategies depend on the facts. They can include challenging a stop or search, questioning the reliability of witnesses, raising self-defense, or negotiating a reduced charge or a deferred judgment.

What Are Important Aspects of a Criminal Defense Case?

The charge on the complaint is only one part of a criminal case. Bond conditions take effect immediately and can restrict travel, alcohol use, and contact with other people while the case is pending. A violation of those conditions can lead to a new charge.

Prosecutors also have discretion. When the evidence is weak or a key witness is unavailable, the district attorney may reduce or dismiss charges.

A defendant’s prior record affects both plea offers and sentencing. The effect of a case on a person’s long-term record also deserves attention, because many Colorado cases can later be sealed from public view, depending on the offense and the outcome. Our criminal defense lawyer in Falcon, CO considers that possibility when evaluating any plea offer.

What Is The Criminal Defense Case Timeline?

Under Colorado’s statute of limitations, prosecutors generally have three years to file most felony charges, 18 months for misdemeanors, one year for class 1 and 2 misdemeanor traffic offenses, and six months for petty offenses. Certain serious offenses have longer limits or none at all. Once charges are filed, a misdemeanor in County Court usually resolves sooner than a felony in District Court.

1. Arrest and bond. After booking, the court sets bond and release conditions, and the defendant receives a date for the first court appearance.
2. Advisement and filing. The court advises the defendant of the charges, and the district attorney files the formal complaint or information.
3. Discovery. The prosecution provides police reports, body camera video, lab results, and witness statements.
4. Motions and negotiation. Defense motions can challenge the evidence while plea discussions continue with the prosecutor.
5. Resolution. The case ends in dismissal, a plea agreement, or a verdict at trial, followed by sentencing if there is a conviction.

What Should You Bring to Your Criminal Defense Consultation?

The paperwork from an arrest identifies the exact charges, the court, and the deadlines that apply. Please bring the following documents to your consultation with our Falcon criminal defense attorney.

• The summons, complaint, or citation
• Bond paperwork and any protection order
• Upcoming court dates and the name of the arresting agency
• Photos, messages, video, or the names of witnesses connected to the incident
• Military orders or professional license information, if a conviction could affect either

During the consultation, we give a realistic assessment of the charges and the likely outcomes, without false promises. We also outline the next steps in the case and what each option involves.

Falcon Courthouses and Local Criminal Justice Resources

Falcon has no municipal court, so state charges filed here are heard in Colorado Springs.

• El Paso County Courts. The County and District Court divisions at the El Paso County Judicial Building, 270 S. Tejon St., hear misdemeanor, felony, and traffic cases from Falcon.
• 4th Judicial District Attorney. This office prosecutes state charges in El Paso and Teller Counties.
• El Paso County Probation. The 4th Judicial District Probation Department supervises people sentenced to probation and completes presentence investigation reports and alcohol evaluations when the court orders them.
• Veterans Trauma Court. Established in December 2009, it was the first Veterans Trauma Court in Colorado and one of the first in the country to accept felony cases. The 4th Judicial District also operates DUI Court, Recovery Court, and Domestic Violence Court.

Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation

Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer represents people charged with misdemeanors and felonies in Falcon and throughout El Paso County. The initial consultation is free. It is an opportunity to review the charges, the evidence, and your options with our attorney, who has both prosecuted and defended criminal cases. Contact us to schedule a consultation with our criminal defense attorney in Falcon, CO.