If you are facing criminal charges in Montrose, Colorado, I can help. I have over 24 years of experience representing criminal defendants, and I have a long record of securing favorable results for my clients.

A lawyer assuring to defend her client against criminal charges in Montrose.If you are facing criminal charges in Colorado, you are facing a situation that could have severe consequences for the rest of your life. I know: I have been handling criminal cases in Colorado for over 24 years. I have helped numerous clients avoid the harsh consequences of a conviction, and I have seen far too many cases where individuals without strong legal representation have been forced to face consequences that they did not deserve.

The police and prosecutors, get paid to put people behind bars. It is their job to find evidence and use it against you in court. Without an experienced Montrose criminal defense attorney on your side, the criminal justice system is not a level playing field. Without legal representation, you are at a distinct disadvantage.

Hire an Experienced Montrose Criminal Defense Attorney

At the law offices of Mark S. Rubinstein, P.C., I work tirelessly to give my clients the upper hand. Whether that means uncovering exculpatory evidence through a private investigation or demonstrating that the police violated your Constitutional rights, if you hire me to take your case, you can rest assured that I will pursue all available avenues to have your charges reduced or dismissed. As a defendant in Colorado or federal criminal justice system, you cannot afford to sit and wait for trial. I will take aggressive action to build a strategic defense designed to keep you out of jail and preserve your future.

Aggressive Defense for All Criminal Charges in Montrose, CO

I regularly represent clients facing all types of state and federal charges throughout Western Colorado. I handle cases involving felonies and serious misdemeanors; and, while I strongly prefer if you contact me as soon as possible (and it is strongly in your best interests to do so), I will take your case at any stage from arrest to appeal.

My practice focuses on representing clients accused of:

    • Drug offenses: Because of my four years with the Denver Drug Court Project, I am uniquely qualified to defend clients against drug charges, including possession, distribution, trafficking, manufacturing, and cultivation.
    • DUI: If you have been charged with DUI, contact a Montrose criminal defense lawyer as soon as possible. A conviction can have serious consequences, including suspension or revocation of your license, higher insurance rates, and a criminal conviction on your record.
    • DUID: I know how to defend clients against DUID charges, particularly driving under the influence of marijuana, since its recent legalization for recreational use.
    • Traffic offenses: We defend clients charged with serious traffic offenses, such as driving with a revoked or suspended license, failure to report an accident, leaving the scene of an accident, reckless or careless driving, eluding a police officer, or habitual traffic offenses.
    • Burglary and theft: If you have been charged with a theft crime, you may be facing misdemeanor or felony charges, depending on the value of the property you are accused of stealing. It is vital to have a knowledgeable Montrose criminal defense attorney acting in your defense.
    • Fraud and embezzlement: These white-collar criminal charges carry heavy penalties and conviction can destroy your professional reputation. If you suspect you are under investigation, consult with an experienced Montrose criminal defense lawyer immediately, even if you have not been charged with a crime.
    • Domestic violence: Domestic violence charges may be common, but law enforcement and prosecutors take them seriously, and so should you.
    • Assault and battery: The penalties you are facing with assault charges depend on the degree of assault. We defend clients against first, second, and third-degree assault charges and against charges of battery.

    I also provide representation for state district, county, and municipal court matters in Montrose, Colorado.

    Theft Crimes

    The terms theft, larceny, robbery, and shoplifting often get thrown out in conversation in a way that leaves you wondering if there are any differences between these terms. Under Colorado theft laws, you will find that theft and larceny are words that are used interchangeably to describe almost any type of theft.

    Three elements are necessary for the state to charge you with this crime. Theft happens when:

    • A person intentionally takes property they know belongs to someone else,
    • Without the owner’s permission, and
    • With the intention of permanently depriving the true owner of the item and appropriating it for themselves.

    There are a number of types of theft.


    Shoplifting is a type of theft that happens at a retail establishment. In other words, you can steal from someone’s car and that would simply be called theft.  But when you steal something from a store, the law refers to that as shoplifting.


    Robbery is theft that the perpetrator accomplishes through the use of force or the threat of force. For instance, stealing lipstick from a drug store is petit theft because there was no use of force involved. But if you walk up to the counter, pull a gun, and demand money from the register, that is robbery because you have used the threat of force to accomplish the theft.


    Theft has many gradations that depend on the value of the item or items the defendant took. The higher the dollar amount, the higher the punishment.

    A theft crime is a misdemeanor if the property value is between $50 and $2,000. The law breaks down the penalties for misdemeanor theft by property value:

    • $50 – $300: This is a class three misdemeanor punishable by a fine of up to $750 and jail time up to six months;
    • $300 – $750: This is a class two misdemeanor that carries a fine of $250–$1,000 and jail time ranging from three to 12 months; and
    • $750 – $2,000: This is a class one misdemeanor punishable by a fine of $500–$5,000 and jail time ranging from six months up to 18 months.

    If you steal items valued at over $2,000, the state will charge you with a felony. The penalties for these higher-level felonies range from 18 months to 12 years in prison, fines of up to a million dollars, and varying years of parole once you get out of prison.

    In addition to these possible penalties, the prosecution will likely demand restitution in an attempt to make the victim whole. This means that the defendant must pay the victim back for the value of the property they took. But there are a number of defenses against such charges. Speak with a Montrose criminal defense attorney today to discuss your options.


    Authorities treat trespassing offenses seriously in Colorado. Some trespassing charges are felony offenses, and a conviction for a felony could land you in Colorado state prison. Other trespassing charges are misdemeanor offenses that carry a maximum sentence of one year in jail. The severity of the charges depends on your prior criminal history and the allegations made by the police.

    As you can see,  there is a lot on the line, and you will need an attorney to help to safeguard your future. Not just any attorney will suffice. Consider seeking out a proven and experienced Montrose trespassing defense attorney to represent you.

    With almost 25 years of experience vigorously defending the rights of the accused, Montrose criminal defense attorney Mark S. Rubinstein can help you when you need it most.

    Key Considerations for Choosing a Montrose Criminal Defense Lawyer

    When your future is on the line, your choice of legal representation is important. The following should be some of your top considerations when choosing a Montrose criminal defense lawyer to represent you:

    Decades of Experience

    Ideally, you do not want an attorney with years of experience. Instead, you want decades of experience on your side. It takes time to learn the law and understand how it applies to the facts of each individual case, and figuring out what works (and what doesn’t) requires extensive experience in plea negotiations and in the courtroom.

    A Willingness to Listen

    It is no secret that some lawyers like to hear themselves talk. But, when it is your future that is on the line, what you have to say is most important. You want a lawyer who will take the time to listen to your side of the story, and who can use what you have to say to uncover evidence and build an effective defense strategy tailored to your personal circumstances.

    A Passion for Justice

    Believe it or not, some defense lawyers are not passionate about what they do. Unfortunately, when a lawyer lacks passion, it shows in the quality of his or her representation. Your legal practitioner should care about your case just as much as you, and should be committed to fighting for the best possible outcome in light of the facts at hand.

    Local Knowledge

    Even the best criminal defense lawyer will feel like a fish out of water the first time he or she sets foot in a new courtroom or calls a prosecutor’s office for the first time. When facing criminal charges, you want an attorney who has been there before. That means a lawyer who knows the Montrose County Courthouse, or who has extensive experience representing clients in Colorado’s federal district court.

    Contact Montrose Criminal Defense Lawyer Mark S. Rubinstein, P.C. for a Free Criminal Defense Consultation

    At Mark S. Rubinstein, P.C., we believe that everyone should have access to quality legal representation. That’s why we offer free initial consultations for all state and federal criminal matters in Montrose, Colorado. We want you to understand your situation and get to know us before committing to our legal services.

    Contact us today to schedule your free consultation. I also handle serious injury cases in Montrose. To learn more about how I can help with your criminal case, call us today or request your free consultation online now.

    Our Office in Montrose, Colorado

    Attorney Mark RubinsteinMontrose Office

    236 S 3rd St #255
    Montrose, CO 81401
    Phone: 970-249-7600
    Fax: 970-680-7139

    Montrose Law Office Map