Attorney Jacob E. Martinez achieves non-alchohol plea in DUI case

Recently, in Douglas County court, Denver DUI attorney Jacob E. Martinez secured a non-alcohol-related plea in a DUI case where the client had a BAC of .11.  Normally, in a case with such a BAC, the Douglas County District Attorney extends a Driving While Ability Impaired (DWAI) offer.  Such an offer carries with it an eight point driver’s license assessment and county court consequences such as probation and community service.  However, Mr. Martinez identified a vulnerability in the prosecution’s case.  [...]

Attorney Jacob E. Martinez achieves dismissal in assault case

Recently, in Wheat Ridge Municipal Court, Mr. Martinez achieved dismissal of all counts in a case involving a physical altercation.  Through investigation, it was revealed that the client was in fact the victim in the altercation – not the perpetrator.  Mr. Martinez presented the fruits of the investigation to the prosecutor, who in turn dismissed the case. Because Mr. Martinez’s client’s case was completely dismissed, the client is eligible to seal all records associated with the case, as if it [...]

Attorney Jacob E. Martinez achieves dismissal in property destruction case

Recently, in Golden Municipal Court, Mr. Martinez achieved dismissal of all counts in a case where the client was charged with destruction of property and trespass.  Mr. Martinez successfully argued that the destruction of property count was invalid because the client’s conduct did not satisfy the legal standard of complicity – which, when validly implemented, allows an individual to be convicted for an act another commits when the individual helps plan, execute, or conceal the offense.  Mr. Martinez also successfully [...]

Attorney Jacob E. Martinez achieves DUI dismissal all records sealed

In Jefferson County, Denver DUI attorney Jacob E. Martinez achieved a dismissal of all counts against a local doctor in a DUI case.  Mr. Martinez identified and utilized the defense of involuntary intoxication to achieve dismissal.  Pursuant to Colorado Revised Statutes § 18-1-804(3),(4), “[a] person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.”  Because [...]

Attorney Jacob E. Martinez achieves assault dismissal in domestic violence case

Recently, in Jefferson County Court, domestic violence defense lawyer Jacob E. Martinez achieved dismissal of all charges in a case in which his client had been wrongfully accused of striking and choking his girlfriend.  Though his client maintained his innocence throughout the process, for months the district attorney persisted in offering only a domestic violence conviction.  Such a conviction would have had lifelong consequences for the client, such as a prohibition of his firearms rights, and the lasting stigma associated [...]