QUESTION
I was charge with possesing a firearm while under the influence bit was not and no pbt or blood test was offered or requested. Also no miranda rights
Asked on Jan 27th, 2020 on Criminal Law - Colorado
More details to this question:
Arguement ensued between wife and i. Nothing every became physical. I however did punch myself in the dace multiple times out of frustration as i am clinically diagnosed with depression and on medicine. And i discharged a weapon in the air while on my property with no injuries. They claim i was under the influence of alcohol yet never took pbt or offered one. Also no blood was taken and i was not drinking whatsoever. I wasnt tested for gun shot residue. And at no time during arrest or booking or incarceration was read any miranda rights. They have released me on pr bond. I have prettial and my first arraignment on 1-27-2020. They are looking at charging me with misdemeanor assult, possesion of firearm while under the influence, reckless indangerment, and unlawful discharge of a firearm. I am 35yrs old full time employed with three children. Zero previous arrests or convictions. Do i need a lawyer? What can possibly happen in this case?
1 ANSWER
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Yes, you should consult a lawyer. It is important to closely review the police reports and any body camera footage from the Officers to see why they thought you were under the influence of alcohol. The case could certainly be completely defensible. It is unclear to me what the alleged 'assault' was. However, this might be answered by a review of the police reports and body camera footage. Hire a lawyer, or at least consult with one, or apply for the public defender to see if you qualify for free representation.
Answered on Jan 28th, 2020 at 11:29 AM