Highly-Skilled Avon and Vail Criminal Defense Lawyer Ready To Assist You

The mountain communities of Eagle County, Avon, and Vail, Colorado.A skilled and experienced Avon and Vail criminal defense attorney can make all the difference in the outcome of your legal issue. If you are facing criminal charges in Avon or Vail, CO, or anywhere in Eagle County, your future and freedom are at risk.

If you have been seriously injured in an accident that was someone else’s fault, you may be dealing with medical expenses, lost earnings, and physical and mental pain and suffering. In either case, you can find the high-quality representation you need at the law offices of Mark S. Rubinstein, P.C. – your most trusted choice for an Avon, Vail, or Eagle County criminal defense lawyer.

At Rubinstein Law Offices, our skilled criminal defense lawyers are ready to fight for your rights and help you achieve the best possible outcome. If you or a loved one is facing criminal charges in Avon or Vail, the time to act is now. Contact us today to schedule a consultation and learn more about how we can help you navigate this difficult time.

Why Choose Mark S. Rubinstein, P.C. as Your Avon and Vail Criminal Defense Lawyer?

If you are in the early stages of finding a lawyer in or near the Vail, CO, area to represent you, you might be wondering where to begin. Most people will start with a quick internet search for “Vail criminal defense lawyers,” “best Vail criminal defense attorneys,” or “Vail criminal lawyers and attorneys near me.” However, if you’ve already done so, you may have realized that these types of searches often yield an overwhelming number of results.

With so many Vail criminal defense attorneys to choose from, narrowing down the results can feel like an uphill battle, but we want to help. Here are a few reasons why we think that the law offices of Mark S. Rubinstein, P.C., is the best Vail criminal defense lawyer for you.

A man arrested due to criminal charges in Vail, CO.Our lawyer Mark S. Rubinstein has been practicing law in the mountain communities of Colorado for 22 years. He is a seasoned trial lawyer who has handled a wide range of criminal defense cases, and no matter what you are charged with, he will gather information and focus on a legal strategy geared to protect your interests. He spent more than 4 years in the Denver Drug Court Project, which makes him uniquely qualified to defend you against drug charges.

In personal injury and wrongful death matters, you can rely on your trusted Eagle County – including Avon and Vail – criminal defense lawyer, Mark Rubinstein, to aggressively pursue the compensation you are entitled to receive. His 4 plus years working for a large insurance defense firm have given him an edge in this practice area. He handles all his cases personally, never leaving it to associates or paralegals, and is always available to his clients, day and night.

Christopher MorinChristopher Morin
22:02 04 Aug 22
Mark was wonderful. He was easy to work with and prompt in getting back to me with answers to all of my questions. He took care of everything and resolved my case with minimal discomfort on my part. I highly recommend him.
Jack SheehanJack Sheehan
18:06 18 Nov 21
Mark was amazing! He found a solution for my case that i would have never imagined possible. He went above and beyond when representing me! i will be recomending him to friends and family in need of a attorney
Esteban PadillaEsteban Padilla
17:09 07 Dec 20
Mark did an awesome job! No complains at all, he was emailing and calling to remind me dates and important information. The resolution of my case couldnt be better. I didnt have to do much because he took care of everything.100% recommended!Thank you Mark!
Dylan GalliDylan Galli
04:43 21 Dec 18
For anyone with a DUI Case in the Valley I highly recommend Mark. He was able to get my Case reduced to the minimum and appeared at all hearings on my behalf other than sentencing where we were both present. Mark Responds quickly and will always answer any questions you have regarding your case in detail.
Maria FerrufinoMaria Ferrufino
17:17 20 Dec 18
So lucky to have had Mark as our attorney, my husband has no record and has never been in trouble with the law and the DA was being very tough. Mark got us a great deal, a deal that gives my family a second chance. He fought hard for us and we are so thankful for his advice and hard work.

The Legal Process in Avon and Vail Colorado Criminal Cases

The criminal court process in Vail and Avon is complex due to various factors that aim to ensure fairness, protect individual rights, and uphold the rule of law. Because of these complexities, anyone accused of a criminal offense in Colorado must contact a Vail criminal defense attorney. A Vail criminal defense lawyer can help you assert your rights and ensure that you receive fair treatment.

What to Expect When Facing Criminal Charges

First and foremost, criminal law is complex and multifaceted, with a vast body of statutes, regulations, and legal precedents that can be difficult to comprehend. An experienced Vail criminal defense attorney with in-depth knowledge of these complexities can navigate the intricate legal process effectively and be crucial to a solid and effective defense. 


Criminal cases often begin with an arrest, where law enforcement officers detain a suspect based on probable cause or an arrest warrant. Law enforcement then takes the accused into custody and reads the accused their Miranda rights, including the right to remain silent and the right to an attorney.


After the arrest, law enforcement typically takes the accused to the local police station or county jail for booking. During this stage, law enforcement records the accused’s personal information, takes fingerprints, and documents any relevant details about the alleged crime. 

Initial Appearance

The accused typically has an initial court appearance, where the judge reads the charges against them and their rights. Bail may be set at this stage, allowing the accused to be released from custody pending further proceedings.

Preliminary Hearing

In some cases, a preliminary hearing is held to determine if there is enough evidence to proceed to trial. The judge assesses the evidence presented by the prosecution to decide whether there is probable cause for the charges.

Formal Charges

If the judge finds sufficient evidence, formal charges are filed by the prosecution, leading to the arraignment. During this hearing, the accused enters a plea of guilty, not guilty, or no contest. It is advisable to have a Vail criminal defense lawyer present at this stage. 

Discovery and Pretrial Motions

The defense and prosecution exchange evidence, known as discovery, and may file pretrial motions to address legal issues that could impact the case’s outcome. These motions can include requests to suppress evidence or dismiss charges.

Plea Bargaining

In many cases, the prosecution and defense engage in plea negotiations to reach a mutually acceptable resolution. This can involve reduced charges or sentencing recommendations in exchange for a guilty plea.


The case proceeds to trial if a plea agreement cannot be reached. The accused has the right to a jury trial, where both sides present evidence and arguments. The jury then deliberates to reach a verdict of guilty or not guilty.


If the accused is found guilty, a separate sentencing hearing will follow to determine the appropriate punishment, including fines, probation, community service, or incarceration.


After a conviction, the accused may appeal the decision based on legal errors or violations of their rights during the trial.

Throughout this process, the accused must have legal representation to protect their rights and ensure a fair outcome. The specific details and timeline of the legal process may vary depending on the nature of the charges and the individual case. Consulting with an experienced criminal defense attorney in Vail, Colorado, is essential for anyone facing criminal charges to navigate the system effectively.

Cases We Handle

At the law offices of Mark S. Rubinstein, P.C., our Eagle County, Avon, and Vail Colorado criminal defense attorney has successfully handled a range of criminal defense and personal injury matters. Types of criminal cases we regularly handle include:

  • Driving under the influence of alcohol (DUI);
  • Driving under the influence of drugs;
  • Drug possession;
  • Possession of paraphernalia;
  • Drug trafficking and drug distribution;
  • Domestic violence;
  • Assault and battery;
  • Burglary and theft;
  • Fraud and embezzlement;
  • Robbery;
  • Larceny;
  • Shoplifting;
  • White-collar crimes; and
  • Traffic offenses.

Looking for a reliable criminal defense attorney in the Grand Junction area? Look no further than the law offices of Mark S. Rubinstein, P.C. Our experienced team is ready to assist you with a wide variety of criminal defense matters, including DUIs, drug offenses, assault charges, and more. With a proven track record of success and a dedication to fighting for your rights, you can trust us to provide the aggressive representation you need. Contact us today to schedule your free consultation and learn more about how we can help you protect your future.

Driving Under the Influence of Alcohol (DUI)

Driving Under the Influence of Alcohol (DUI) carries serious penalties in Colorado, including suspension or revocation of your driver’s license and fines, along with the consequence of a criminal conviction on your record. However, an experienced criminal defense attorney can help you determine whether any defenses apply that may result in a reduction of your sentence or dismissal of your charge.

Driving Under the Influence of Drugs (DUID)

Although marijuana is legal in Colorado, DUID is not. Penalties upon conviction may include jail time and license suspension or revocation. So if you get charged with DUID, make sure you have someone in your corner who can help you fight for your rights.

Drug Possession

Drug possession remains a serious crime in Colorado.

While it is now legal to use and possess marijuana in Colorado, there are still restrictions on the amount an individual may legally possess. Additionally, possession of other drugs, such as cocaine, methamphetamine, and others, can result in criminal charges and severe penalties for convictions. Thus, having an experienced Vail criminal defense lawyer’s assistance is crucial in defending against such drug possession charges.


The State of Colorado also criminalizes the possession of items that you know or should have known could be used as drug paraphernalia. Paraphernalia includes items such as needles or syringes, pipes, scales, and any other products, equipment, or materials that could be used to help store, use, or process drugs other than marijuana, which is now legal under Colorado law. Nevertheless, possession of paraphernalia for drugs such as cocaine, meth, heroin, and others remains illegal.

However, there are a number of valid legal defenses to such a charge. If you have been charged with paraphernalia possession, contact the Vail criminal defense attorneys at Mark S. Rubinstein, P.C., as soon as practicable to get started on your defense.

Drug Trafficking and Drug Distribution

In addition to drug possession, Colorado law also strictly prohibits the distribution, trafficking, manufacturing, or cultivation of drugs. It is important to note that while the recreational use of marijuana is legal in Colorado, it is still illegal under federal law and in other states. Thus, drug trafficking and drug distribution of marijuana can still result in a criminal charge.

Nevertheless, as is the case with all other criminal matters, you very well may have a valid defense to a drug trafficking or drug distribution charge.

With more than 24 years of experience working within the Colorado drug court systems, Vail criminal lawyer Mark Rubinstein is uniquely qualified to provide defense against these and other drug-related charges.

Domestic violence

A domestic violence conviction can result in severe legal consequences. But even if there is no conviction, a domestic violence accusation alone can impact your personal and professional life.
If you have been accused of domestic violence give our team a call today. Our Eagle County, Avon, and Vail, Colorado criminal attorney can defend you against accusations of threats, harassment, stalking, assault, and child abuse and restraining orders in domestic violence cases.

Assault, Battery, and Menacing

We regularly handle charges of first, second, and third-degree assault and battery. Additionally, Avon criminal defense lawyer Mark S. Rubinstein can also defend you against the closely related charge of menacing. Specifically, menacing requires knowingly placing, or attempting to place, another person in fear of imminent serious bodily injury by threat or physical action.

Regardless of the charge, if possible, we will seek an acquittal. We might also be able to prove that the so-called “victim” actually committed assault and battery against you and that you were merely acting in self-defense.

What Is 2nd-Degree Assault?

While second-degree assault is not quite as severe as first-degree, it is a serious offense with harsh penalties. In Colorado, second-degree assault is intentionally or recklessly causing injury to another person using a deadly weapon. It is considered a Class 4 felony.

The statutory penalty for second-degree assault in Colorado is steep. Upon conviction, you face a minimum of two years in prison, but that prison sentence can extend up to 16 years. You could also be ordered to pay a fine of up to $500,000. The exact sentence will depend on the circumstances surrounding the crime.

What Is 3rd-Degree Assault?

Third-degree assault is knowingly, recklessly, or with criminal negligence inflicting bodily injury on another person. In Colorado, third-degree assault is classified as a Class 1 misdemeanor. Third-degree assault charges typically stem from a minor altercation between individuals. For instance, a verbal fight that escalates to a shove can be a third-degree assault. Usually, the dispute does not result in any apparent injuries.

Although classified as a misdemeanor, in contrast to its counterpart’s first and second-degree assault, the penalty for third-degree assault is no laughing matter. Assault in Colorado is considered an extraordinary-risk crime, which elevates the potential penalty. Typically, class 1 misdemeanor offenses are only punishable by up to 364 days in the county jail. However, due to its extraordinary risk classification, third-degree assault becomes punishable by 18 to 24 months in prison.

Burglary and Theft

Burglary and theft are serious crimes. Depending on the amount you are accused of stealing, you may be facing felony charges in theft and burglary cases. If you have been charged with burglary or theft, consult with an experienced lawyer as soon as possible.

Fraud and Embezzlement

Embezzlement is a type of theft crime in Colorado that involves the misuse of money or property by a person in a position of trust. Conviction of fraud and embezzlement charges can destroy your career and professional reputation. Ultimately, this can result in possible penalties of jail time and restitution.


Robbery is generally more serious than theft because a robbery involves the use of force, threats, or intimidation. In some cases, people have been arrested for robbery for behavior that might be interpreted as simply aggressive panhandling. Contact our skilled Avon criminal defense attorney at Mark S. Rubinstein, P.C. if you have been charged with or even accused of robbery

Larceny and Shoplifting

Larceny, like robbery, involves the unjust taking of the property of another. Unlike robbery, it does not involve the use of force or intimidation. It does, however, typically involve deceit. Pickpocketing, embezzlement, and pyramid schemes are all examples of larceny.

Shoplifting could be classified as a form of larceny, at least in most cases. Avon criminal defense attorney Mark S. Rubinstein has won acquittals for numerous accused shoplifters.

White-Collar Crimes

The term “white-collar crime” is a broad, catch-all term that refers to a wide variety of offenses, including identity theft, computer crimes, currency counterfeiting, tax evasion, and embezzlement. A white-collar crime does not always involve the theft of money or property, although it usually does. White-collar crime cases are often complex.


A trespassing charge might not sound like the most significant offense. However, as our Avon criminal defense lawyer will explain, you could face significant consequences for a trespassing conviction. Therefore, you should take this charge seriously.

Trespassing can be charged as either a felony or a misdemeanor, depending on the circumstances. If the police charge you with a felony, you face up to three years in state prison. You also stand to lose important rights like the right to vote or own a gun after a felony conviction.

A misdemeanor charge is also significant as a conviction carries up to one year in jail and a fine of up to $1,000.

Speaking with an Avon trespassing defense attorney will ensure that you are taking every step you can to protect yourself and your future. Do not wait until the last minute to seek help. Get the help you need right away from our team with Mark S. Rubinstein, P.C.

Traffic offenses

You need legal representation for certain traffic offenses, including driving with a revoked or suspended license, leaving the scene of an accident, failure to report an accident, eluding a police officer, reckless or careless driving, and habitual traffic offenses.

Avon Hit-and-Run Lawyer

Our sympathetic nervous systems initiate our “fight or flight” response when triggered by a dangerous event. The sympathetic nervous system protects us by ramping up our heart rates. This pumps more oxygenated blood to the brain and other areas of the body by triggering an adrenaline release. It is the body’s automatic, involuntary response to danger. 

The adrenaline rush can cloud the mind and impair judgment. That response can explain why people give into their fear and run from an accident, even if they didn’t do anything wrong. The fright they experience is so great that they ignore Colorado’s hit-and-run law. 

Mark. S. Rubinstein, an experienced Vail hit-and-run attorney, knows the state’s hit-and-run laws well. Colorado Revised Statutes §42-4-1601 require all motorists involved in an accident that injures or kills another or causes property damage to remain at the scene and render aid. The law allows motorists to leave the scene only to call for help. The motorist must return to the accident scene directly.

This rule applies even if you did not cause the accident. For instance, suppose you are at a stop light, legally stopped, and get hit from behind. Even in such a case, where you did nothing to cause the accident, the law requires you to stay if someone was hurt or killed, or if property damage occurred. A crash like this is not your fault, but you could face prosecution if you run from the scene. 

Having a tough and aggressive Avon hit-and-run attorney like Mark S. Rubinstein in your corner can make or break your case. With 25 years of experience to rely on, Mark understands that you deserve a vigorous defense to reduce your chances of going to jail, losing your license, and your way of life.

Avon Reckless Driving Lawyer

Reckless driving under Colorado law is a Class 2 misdemeanor. That means you could go to jail and pay hefty fines if convicted. Additionally, the Colorado DMV could assess points against you and ultimately suspend your license. These are serious consequences that could have an adverse effect on your life. 

Taking on the government without a Vail reckless driving attorney in your corner could lead to disastrous results. You may be tempted to believe that you could go to court and get your ticket dismissed by talking your way out of it. Unfortunately, that’s not likely to happen. Additionally, you might think accepting a reduced punishment by pleading guilty to the offense is in your best interest. But how would you know if you’re not a knowledgeable defense lawyer? Any blemish on your criminal record or driving record could lead to increased penalties if you ever face charges again, increased insurance costs, and the possibility of losing your license. The best way to protect yourself from an adverse outcome is to consult Mark S. Rubinstein immediately.

Avon Careless Driving Lawyer

Careless driving can be a more serious offense than reckless driving. Careless driving is a Class 2 misdemeanor traffic offense in most instances. The offense becomes a Class 1 misdemeanor if careless driving causes injury or death to another person. 

Representation from skilled Vail careless driving attorney Mark S. Rubinstein could help you fight your charges successfully. Careless driving prosecutions involving serious accidents often require expert witnesses called accident reconstruction analysts. Working with a lawyer who understands accident scenes and knows how to defend criminal cases gives you the best opportunity to have your case dismissed or face a reduced charge.

Regardless of the particular crime you’ve been accused of, there is no doubt that a criminal charge can turn your world upside down. However, having a Vail criminal defense attorney’s representation can go a long way toward protecting your rights and getting your life back on track.

At the law offices of Mark S. Rubinstein, P.C., we are devoted to providing the best representation we possibly can. If you have been searching for the right Vail criminal defense lawyers to take on your case, look no further. Give our office a call today.

Example of a Typical Defense in a Shoplifting (Larceny) Case

A client talking to her attorney about a criminal defense in Vail, CO.You have a constitutional right to represent yourself in defending against criminal charges. This is one constitutional right, however, that you are better off not exercising. The complexity of the Colorado criminal justice system almost guarantees that any attempt to defend yourself will result in negative and perhaps even disastrous consequences. A skilled Vail criminal defense lawyer, however, can prepare a comprehensive defense that will take into account the following issues:

  • Whether you actually intended to steal the item or simply placed it in your pocket absent-mindedly. Were you distracted at the time?
  • Are you the same person that store security cameras recorded taking the item? If security filmed the perpetrator from a distance, this might be far from certain.
  • How much was the item worth? Although any value at all will result in shoplifting charges, the lower the true value of the item, the more lenient penalties will be.
  • Is the store security officer telling the truth? Does their in-court testimony contradict testimony given during depositions?
  • Did the police have probable cause to arrest you?
  • Did the police coerce your confession?

This list includes just a few possible defense strategies that your attorney might use. An experienced Eagle County, Avon, and Vail Colorado criminal defense attorney can help you identify and assess the best available defenses in your particular case.

Personal Injury and Wrongful Death Matters

In personal injury and wrongful death matters, we work hard to recover full and fair compensation for our clients in a range of cases, including:

  • Auto vehicle accidents: The National Highway Traffic Safety Administration (NHTSA) reports that 36,560 people were killed and 2,710,000 were injured in U.S. traffic accidents in a single recent year.
  • Motorcycle crashes: Many motorcycle accidents occur because other drivers fail to see or register the presence of the motorcycle on the road and violate the motorcyclist’s right-of-way.
  • Biking accidents: According to the Insurance Institute for Highway Safety (IIHS), every year, bicyclists account for approximately 2% of all traffic fatalities.
  • Pedestrian accidents: A total of 6,283 pedestrians were killed and 75,000 were injured in 2019, according to NHTSA statistics.
  • Defective products: Manufacturers have a duty to consumers to ensure the reasonable safety of their products. When they fail in that duty, they should be held accountable.
  • Premises liability accidents: Slip and fall and other accidents can cause serious injuries when property owners fail to maintain their property reasonably free of hazards.

In addition to criminal defense, the law offices of Mark S. Rubinstein, P.C., provides valuable legal representation to personal injury and wrongful death victims and their families. If you or a loved one has suffered a personal injury anywhere in Western Colorado, give me a call today. Discuss your case with our knowledgeable Vail criminal defense lawyer and see what we can do to help you recover.

Speak With Our Trusted Avon and Vail, CO Criminal Defense Lawyer Today!

If you are facing a serious legal situation, your best course of action is to contact an experienced Eagle County, Avon, and Vail Colorado criminal defense attorney as soon as possible. At the law offices of Mark S. Rubinstein, P.C., you will find a Vail attorney with the skills and experience you need in criminal defense or personal injury matters. With decades of experience and countless reviews and testimonials from former happy clients, we are confident that we are one of the best Vail criminal defense attorneys in the area.

Ready to take the next steps on getting the legal representation you need and deserve? Speak with our highly experienced Vail criminal defense lawyer today or contact us online for the legal help you need.

Our Avon and Vail Office in Eagle County, Colorado

Defense Lawyer Mark Rubinstein

Vail/Avon/Vail Valley/Eagle County Office

2121 N Frontage Rd W
Vail, CO
Phone: 970-748-5044
Fax: 970-680-7139

Avon Law Office Map

Vail, Colorado is a town in the heart of the Rocky Mountains with a population of 5,328 as reported by the U.S. Census Bureau, and home to North America’s largest and most popular ski resort. The town was built and established as a base for the ski resort, which celebrated its first season in December of 1962. It is well known as the place to go for serious skiers and celebrities, and has also become a popular site for snowboarders in recent years.