Knowledgeable Aspen Criminal Defense Attorney Ready To Serve You
The criminal justice system can be complex and frightening, and no one should ever have to face charges alone. It is important to remember that, as a defendant, you have rights, and your attorney’s job is to protect those rights and aggressively fight for your future. The Aspen criminal defense lawyer you choose to represent you can make all the difference in the outcome of your case.
Likewise, if you have been injured through someone else’s negligence, you need an experienced personal injury lawyer to protect your interests. Insurance companies are in business for profit and are primarily protecting their own bottom line. Your lawyer for personal injury can help ensure that responsible parties are held accountable, and fight for the maximum compensation you are entitled to receive.
If you need legal assistance in Aspen, look no further than Rubinstein Law Offices. Our team of dedicated attorneys has a wealth of experience in a variety of legal areas and is ready to help you navigate your legal issues. Contact us today to schedule a consultation and learn more about how we can assist you.
Why Hire Mark S. Rubinstein, P.C.?
At Mark S. Rubinstein, P.C., we have focused our practice exclusively on criminal defense and personal injury matters, resulting in a large knowledge base in those professional areas. Mr. Rubinstein is always available to his clients and will always give your case his full, personalized attention. He genuinely cares about his clients’ legal concerns and will work hard to protect their rights and interests.
With 25 years of professional experience in the mountain communities of Colorado, Mark Rubinstein personally works through all of his cases instead of using paralegals or associates as some legal teams do. His former practice in a large insurance defense firm has given him a distinct advantage in personal injury matters. For more than 4 years, he worked within the Denver Drug Court Project, a court devoted 100% to drug offense cases, which makes him uniquely qualified as a drug defense lawyer.
Areas of Practice
Mark S. Rubinstein, P.C. is a practice dedicated to helping Colorado people arrested or charged in criminal matters or suffering injuries caused by others. We defend clients in a range of criminal charges.
Driving Under the Influence
Driving under the influence of drugs or alcohol is against the law in every state. However, each state creates its own laws defining what constitutes an offense. Colorado has two separate but related crimes pertaining to driving under the influence.
The first is driving while under the influence of alcohol or drugs, or DUI. Prosecutors will seek a DUI conviction if you are found to have a blood alcohol content of .08 or greater or more than five nanograms of THC in your system.
The second offense is referred to as driving while ability impaired, or DWAI. A DWAI charge may come about if you have a blood alcohol content of more than .05 but less than .08. You may also face DWAI charges if police were unable to obtain chemical test results but still believe you were under the influence of drugs or alcohol. Generally, a DWAI conviction is less serious than a DUI conviction; however, either will impact your life.
DUI charges can be challenging to beat, but an experienced criminal lawyer/attorney in Aspen can give you the best chance at successfully avoiding a DUI conviction.
DUI Defense Strategies in Aspen
Colorado DUI charges can carry serious legal and collateral consequences. To avoid these penalties, it is vital that you consult with an experienced DUI Defense Lawyer in Aspen.
Challenging the Traffic Stop
An attorney can examine the constitutionality surrounding the initial traffic stop. If law enforcement lacked reasonable suspicion to pull you over, any evidence from the stop might be deemed inadmissible.
Questioning Field Sobriety Tests (FSTs)
Colorado field sobriety tests like the Walk-and-Turn or One-Leg Stand are often subjective. A skilled attorney can instill doubt about the reliability of the tests by addressing weather conditions, disabilities, and other factors that can impact the accused’s performance.
Contesting Breathalyzer Findings
In some cases, the accuracy of breathalyzer findings can be questioned. An attorney can present evidence that a defect in the breathalyzer device resulted in inaccuracies.
Inadmissible or Unreliable Blood Test Results
An Aspen DUI lawyer can contest the validity of a blood test by arguing that a break in the chain of custody, breach of lab protocols, or contamination impacted the reliability of the findings.
Challenging Miranda Rights Violations
If you were not read your Miranda rights during the arrest process, statements made to law enforcement may not be admissible in court.
A driver’s medical conditions can result in falsely elevated BAC readings. An attorney can examine medical records and substantiate these claims with the assistance of expert witnesses.
Further, an Aspen DUI attorney can take procedural steps to reduce the likelihood of trial and serious penalties. Some options include engaging in plea bargaining and filing pretrial motions to suppress or challenge the admissibility of evidence. Navigating a DUI charge in Colorado requires careful consideration of these defense strategies. It’s crucial to consult with an experienced DUI defense lawyer who can evaluate the specifics of your case and determine the appropriate defense.
Schedule a free consultation with our Aspen criminal defense lawyer to discuss your potential defenses.
An Aspen DUI conviction can have serious consequences, both in the present and the future, including fines and license suspension or revocation, and a criminal record that can affect your employment prospects in the future. A DUI conviction can also result in your incarceration, especially for those who have a prior DUI or DWAI conviction. Speak with an Aspen DUI attorney.
While Colorado was at the forefront of the movement to legalize medical and recreational marijuana, Colorado drug laws strictly prohibit the possession, distribution, manufacturing, trafficking, and cultivation of all other narcotics. Even in the case of marijuana, Colorado residents are permitted to purchase only up to one ounce of marijuana at a time and must be 21 years old to do so. The result is that there are still a large number of drug arrests across the state, and Aspen is no exception.
Even if it is your first offense, a Colorado drug conviction can dramatically alter the course of your life. For example, you may face thousands in costs and fines, be placed on probation, and even face the possibility of incarceration. If you face Aspen drug charges, you need and deserve the best possible defense.
Attorney Mark S. Rubinstein spent four years working in the Denver Drug Court Project, where he handled all types of drug charges, ranging from first-time offenses to serious allegations of drug trafficking. At Mark S. Rubinstein, P.C., we possess the knowledge, dedication, and skill to provide every client we serve with effective and aggressive representation against drug possession, distribution, manufacturing, trafficking, and cultivation charges.
Domestic Violence Allegations
Allegations of domestic violence are some of the most serious criminal charges. While these charges often involve disputes among spouses, they can also be brought between romantic partners, former spouses, or parents who share a child. These charges can include accusations of harassment, stalking, threats, child abuse, assault, and sex crimes, such as rape. Regardless of the specific crime charged, if you were in a close relationship with the alleged victim, the courts will consider it a domestic violence case.
Frequently, Aspen domestic violence cases proceed on thin evidence. Many of these cases are essentially a “he said, she said” where the case depends on which party is more credible. On one hand, this opens the door to many defenses. However, if you face Colorado domestic abuse allegations, it is crucial you work with a legal practitioner with extensive experience handling these particular cases. For example, cross-examining an alleged victim of domestic abuse requires a nuanced strategy. In some situations, directly attacking a witness’s credibility is appropriate; however, a more delicate approach is necessary in other cases. Attorney Mark S. Rubinstein has handled all types of Aspen domestic violence cases for more than two decades and will work with you to develop a strong defense against whatever charges you face.
The right to keep and bear arms does not come without limitations and qualifications. You can face criminal charges if you fail to abide by current gun laws. There are many different firearm and weapon offenses, but some of the most common Colorado gun charges are:
- Unlawfully purchasing a firearm,
- Unlawfully carrying a concealed weapon,
- Illegally discharging a gun, and
- Using a firearm in a prohibited manner.
Our Aspen criminal defense attorney can assist you if you are charged with a firearm offense.
White Collar Crimes
White-collar crimes typically involve some element of deceit, such as theft, fraud, bribery, or embezzlement. Having charges like these levied against you can rapidly ruin your business reputation and your personal life. With Aspen white-collar crimes lawyer Mark S. Rubinstein in your corner, you can fight to defeat the criminal charges and restore your reputation.
Calling a crime “white collar” does not imply that the crime alleged is somehow less serious than other types of theft. Although not usually life-threatening, white-collar crimes destroy businesses and erode public trust. That is why the federal and state prosecutors’ offices vigorously pursue white-collar offenses.
A savvy and experienced Aspen white-collar crimes attorney can craft a defense strategy designed to help you achieve the best result attainable in your particular circumstances. Having a skilled Aspen criminal defense lawyer by your side can give you the edge you need. Defending white-collar crimes is not like defending other cases. In some instances, the best defenses involve understanding and arguing highly technical points of fact and law. Not every attorney is equipped to make those arguments. Aspen criminal defense attorney Mark S. Rubinstein and his team have the knowledge, skill, and determination to give you the best defense possible.
Trespassing charges in Colorado can be serious enough to have a significant negative impact on your life. Depending on the facts of your case and your prior record, you could face a felony charge that carries jail time, a fine, and probation. In addition, you could have a felony conviction on your permanent record, which might limit your ability to vote, possess or own a firearm, pursue higher education, or move forward in your profession.
Aspen trespassing defense lawyer Mark S. Rubinstein has an extensive history of representing people facing various charges. Instead of focusing on one area of criminal defense, Mark takes on a variety of cases. His diverse background helps protect his clients’ rights. Contact Mark S. Rubinstein, P.C., today to learn more about how we can fight for your freedom.
Statute of Limitation for Criminal Proceedings
In a criminal proceeding, the statute of limitations is the time the prosecutor has to file charges. The statute of limitations varies depending on the specific crime. However, in Colorado, the prosecutor generally has three years to charge someone with a felony offense, 18 months to file misdemeanor charges, and one year to file misdemeanor traffic offenses. In addition, the prosecutor must file petty offense charges within six months from the date of the alleged offense. This is a general rule of thumb. But there are many serious crimes, such as homicide and sexual assault offenses, that have longer or no statute of limitations at all.
Contact our Aspen criminal defense lawyer today to learn more about the statute of limitations for specific offenses.
Other Types of Offenses
At Mark S. Rubinstein, P.C., we also defend clients against numerous other types of charges, including:
- Traffic offenses: This includes habitual traffic offenders, driving under revocation or suspension, failure to report an accident, and eluding a police officer.
- Hit and run: A conviction on hit and run charges can have lasting ramifications. Incarceration is not the only consequence you face. Therefore, you will need a strong, aggressive defense from an experienced Aspen hit-and-run lawyer to help you achieve a favorable result.
- Reckless driving: Reckless driving is more serious than a traffic ticket, and handling these charges on your own is very risky. Reduce your risk by calling our office today. Our Aspen reckless driving attorney can help put you in the best position to minimize your exposure to the harsh consequences of a reckless driving conviction.
- Assault and battery: These charges are serious and require serious defense. Our experienced Aspen criminal defense attorney handles first, second, and third-degree assault charges, as well as charges of battery.
- Fraud and embezzlement: Not only do charges of fraud or embezzlement carry serious criminal penalties, including jail time and restitution, but they can also ruin your professional reputation. Mark Rubinstein can provide a dedicated defense against these serious charges.
- Burglary and theft: Theft offenses, including shoplifting, can be charged as felonies, depending on the value of the property alleged to have been stolen. At Mark S. Rubinstein, P.C., we have more than two decades of theft defense experience.
Although these are common types of charges we see, you can call us for help with any type of criminal charge you may face.
We are also committed to helping injured Aspen and Pitkin County residents recover the compensation they need and deserve after serious injuries caused by the negligence of others. Personal injury matters we handle include:
- Automobile accidents: Traffic crashes are a fact of life. According to the Colorado Department of Transportation statistics, there were 716 fatal motor vehicle crashes in 2023.
- Motorcycle accidents: Most motorcycle accidents are caused by other drivers. Riders lack the protection of an enclosed vehicle and can be seriously injured in a traffic crash.
- Bicycle accidents: As reported by the Centers for Disease Control and Prevention, (CDC) although bicyclists account for only 1% of all trips taken in the nation, they face a higher risk of injury or death in a traffic accident than occupants of motor vehicles.
- Pedestrian accidents: According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian was killed in a traffic crash every 71 minutes in 2021.
- Defective products: Product and manufacturing defects can result in serious injury or wrongful death for consumers who use those products.
- Premises liability accidents: Property owners have a duty to maintain their property reasonably free of hazards, and when they fail to do so, they may be held accountable for the harm that results.
Our Aspen Hit-and-Run Attorney Explains Colorado Law
Colorado’s hit-and-run laws are strict, and they impose many responsibilities on you as a motorist if you’re involved in an accident. However, car crashes are frightening events that can scare you so much that fear makes you run even though you know you shouldn’t.
What does the law require of you if you’re in an accident? Colorado’s hit-and-run law says that everyone involved in a crash causing personal injury, serious bodily injury, death, or property damage must remain at the scene. The law does not excuse you from leaving if you have no fault in causing the crash.
You must stop as soon as possible and aid anyone suffering from an injury. Also, you must give your name, address, and vehicle registration number to the people involved. The law imposes a duty on you to call the police to report the crash and return to the scene if directed. The police can make you stay at the scene until they complete their investigation. They can also make you write a supplemental police report if they need more information.
An accident involving only property damage does not relieve you of your duty to identify yourself. If you cannot locate the property owner, you can leave a note with your name, address, and registration number.
Aspen Hit-and-Run Lawyer Discusses Penalties
What could happen if you do run from an accident? The answer depends on the outcome of your crash. If the crash involves property damage and you run, it is a class 2 traffic misdemeanor that carries a possible jail sentence ranging from 10 to 90 days. A hit-and-run crash with an injury is a class 1 traffic misdemeanor that could result in up to one year in jail.
The penalty increases with the severity of the injuries. Leaving the scene of an accident with serious personal injuries is a class 4 felony, which carries between 2 and 6 years in prison. However, you could face a class 3 felony and up to 12 years in prison if convicted of hit and run where someone dies.
Aspen Reckless Driving Attorney
The law indicates that reckless driving is a class 2 traffic misdemeanor. That means you could go to jail for up to 90 days. Your jail sentence could be longer if you get a second conviction. However, the DMV could also assess points on your license that might lead to license suspension or revocation.
You might wonder how an Aspen reckless driving lawyer could help you avoid the harsh consequences of a conviction. Relying on three decades of experience fighting for people like you, our firm could give you the best chance of reducing or dismissing your charges.
Aggressively Defending Your Rights: Aspen Criminal Defense Attorney at Your Service
If you have been charged with a crime or suffered serious personal injury in Aspen or anywhere in Pitkin County, you will find an experienced and dedicated legal advocate at the law offices of Mark S. Rubinstein, P.C., with unique qualifications in the practice areas of personal injury and criminal defense. Mark Rubinstein can provide high-quality representation in your case from beginning to end — from negotiations through to trial or appeal.
Do not face criminal charges or deal with serious personal injury on your own. Contact our lawyer for the legal help you need. If you are unable to come to our offices, Mr. Rubinstein can arrange to travel to your location.
Our Pitkin County Office in Aspen, Colorado
The City of Aspen was originally a mining camp in the Colorado Silver Boom days. It took its name from the abundance of aspen trees in the area. Aspen’s population grew to 12,000 in the 1890s. Although its population and prosperity declined after the silver bust of the early 1900s, the city’s fortunes reversed in the 1940s when Aspen Mountain became a ski resort.
With an estimated population of 6,804 in 2014, as reported by the U.S. Census Bureau, Aspen is home to a number of movie stars, musicians, and corporate executives, and property values are high. With the Aspen Skiing Company’s four ski areas and outdoor recreation in the White River National Forest, it continues to be a popular destination for tourists in both summer and winter.
Navigating Pitkin County DUI Cases with Expertise
Pitkin County’s spectacular vistas, including Aspen’s sparkling slopes and Snowmass Village’s family-friendly charm, entice visitors from far away. However, a single DUI charge may turn a beautiful vacation or weekend trip into a legal nightmare. The County’s zero tolerance for DUIs demands a proactive and experienced Pitkin County DUI Attorney to ensure your rights and future.
The Unique Challenges of Pitkin County DUI Cases
Although Colorado’s DUI laws are uniform across the state, Pitkin County’s District Attorney’s office is particularly strict, especially during peak tourist seasons. Various factors contribute to the challenges of defending against this aggressive enforcement.
- Tourist Destination Impact. Increased DUI incidents due to Pitkin County’s popularity require strong enforcement measures.
- Limited Transportation Options. The suspension of a driver’s license can be particularly detrimental due to limited public transportation, affecting daily life and employment.
- Financial Implications. High living costs extend to legal matters, with substantial fines and fees adding to the emotional burden of a DUI charge.
- Complex Diversion Programs. Programs like Aspen Counseling Center offer alternatives, navigating eligibility and maximizing their benefits requires legal expertise.
Don’t let a seemingly relaxed atmosphere lull you into underestimating the seriousness of a charge here. An experienced Pitkin County DUI Attorney can help you understand your unique challenges.
Pitkin County DUI Penalties and Consequences
A DUI conviction in Pitkin County goes beyond the suspension of your driver’s license. Penalties can include:
- Jail time,
- Substantial fines and court costs,
- Community service,
- Mandatory alcohol education and therapy, and
- Ignition interlock device installation.
The severity increases with higher BAC levels, prior offenses, and aggravating circumstances.
Beyond immediate legal consequences, a DUI conviction can lead to a tarnished reputation and strained personal relationships, as well as:
- Reduced employment opportunities,
- Increased insurance rates, and
- Difficulty obtaining professional licenses or certifications.
Non-U.S. citizens may face deportation or denial of naturalization.
Where Will I Go If Charged with a DUI in Pitkin County?
If you are arrested for DUI in Pitkin County, the venue for your court appearance will be the Pitkin County Court in Aspen. This is true whether you are arrested by a Pitkin County Sheriff, Aspen Police officer or a State Patrol officer anywhere in the county. Aspen and Snowmass Village municipal courts handle minor offenses. While Pitkin County Court deals with more serious cases like DUI.
Remember, if you took a breath test or refused a breath or blood test you only have seven days from the date of your arrest to request a DMV hearing to challenge your license suspension. The DMV hearing is separate from the court proceedings and specifically focuses on your driving privileges. If you fail to request a DMV hearing within the given timeframe, your license suspension will automatically go into effect.
You Need an Aspen or Snowmass Village DUI Attorney
An experienced Aspen DUI Lawyer or Snowmass Village DUI Lawyer, like Mark, can be your lifeline. He understands the intricacies of Pitkin County’s legal system and has a proven track record of successfully navigating DUI cases.
Aspen/Roaring Fork Valley/Pitkin County Office
0133 Prospector Rd #4102Y
Aspen, CO 81611
Aspen Law Office Map