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Brian K. McHugh

Brian K. McHugh

Over 32 years experience in criminal law. No charge initial consultation
  • Criminal Law, DUI & DWI, Domestic Violence...
  • Colorado
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Summary

I have focused on criminal law and procedure for over 32 years, 22 of those years as a Deputy District Attorney and Chief Deputy District Attorney in the 18th Judicial District - Arapahoe, Douglas, Elbert, and Lincoln Counties.

Over the years, I have handled a wide variety of cases, from 1st Degree Murder, Sexual Assault, Aggravated Robbery, Kidnapping, Vehicular Assault and Criminal Impersonation to misdemeanor Assault, Domestic Violence, Harassment, Disturbing the Peace, DUI, DUID, Misdemeanor Traffic Offenses and most everything in between.

While with the District Attorney's Office I was a member of the Critical Incident Team, responding to officer involved shootings and in-custody deaths. I taught classes on criminal law and procedure to law enforcement officers, other prosecutors and briefed and argued cases in Colorado's appellate courts.

In the Fall of 2009, I left the District Attorney's Office to open my own law firm. I focus solely on criminal law. I use my decades of experience in defense of each individual client, whether that client is charged with a felony, misdemeanor, DUI, or other offense.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Domestic Violence
  • Traffic Tickets
Additional Practice Areas
  • Sealing of Adult Criminal Records
  • Expungement of Juvenile Records
  • Sex Offender De-Registration
  • Driver's License Suspension and Revocations
Fees
  • Free Consultation
    The free consultation allows me to get an idea of the needs and goals of the potential client and at the same time allows them to learn about me. Then they can make an informed decision whether my experience, knowledge and skill are what they are looking for in an attorney.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Colorado
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Languages
  • English: Spoken, Written
Professional Experience
Owner
Law Office of Brian K. McHugh
- Current
Experienced legal representation for people charged with felonies, misdemeanors, DUI and other traffic offenses.
Legal Intern, Deputy and Chief Deputy District Attorney
Office of the District Attorney, 18th Judicial District
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Education
The University of Denver Sturm College of Law
J.D. (1987) | Law
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Honors: American Juris Prudence Award
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Colorado State University
B.A. (1984) | Sociology
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Honors: Deans List 1981 through 1984
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Awards
Award of Exception Merit
CDAC
Professional Associations
State Bar of Colorado # 16964
Member
- Current
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Colorado Bar Assocation
Member
- Current
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Arapahoe County Bar Association
Member
- Current
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Publications
Articles & Publications
DUI Handbook - A Guide for Colorado Prosecutors
CDAC
Websites & Blogs
Website
Law Office of Brian K. McHugh
Blog
Colorado Criminal Law
Legal Answers
75 Questions Answered

Q. My sister just found her 4 1/2 month old baby unresponsive. Does she have to perform a reenactment for the police?
A: She does not have perform a re-enactment and she does not have to talk to the police. She should obtain an attorney.
Q. I signed on a bond for a friend and they didn't show for court, can the bondsman file criminal charges against me?
A: Based on the facts stated in your question, the answer is no - you have not committed a crime. However, the bondsman may demand you pay the amount of the bond.
Q. I received a traffic ticket and the time on the citation is incorrect and I have proof I was Elsewhere at the time.
A: When you raise an alibi defense, you are claiming that it wasn't you who committed the offense because you were someplace other than the location of the offense charged. From your question it sounds like you are considering raising what would amount to an alibi defense. The problem in your situation is that the time on the ticket is most likely a mistake, one which is easily corrected by the prosecutor by filing a motion to amend the charging document (which in a traffic case is the ticket).
Q. In Colorado, can I go go the DMV to get a state ID or drivers license without being arrested if I have a bench warrant
A: I am aware from past cases that DMV may check a person for warrants. I can not say that they do it routinely. If they do find a warrant they will contact local law enforcement.
Q. If I violate conditions of my bond and then reach a plea bargain for the case I violated bond on and get sentenced .
A: Yes, violation of bond conditions is a separate offense, even though it is related to the case you settled by a plea agreement. It may be that the plea bargain included an agreement not to file a bond violation case. You should check with your attorney or, if you did not have an attorney, check the plea agreement paperwork.
Q. Will I serve ALL 58 days in county jail? Going in to serve my remaining days on a closed case. Asked to turn myself in.
A: If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.
Q. Got pulled over driving my brothers car without registration or insurance. Should I register and get insurance?
A: Your brother needs to register the car and get insurance for it. Proof of proper registration and current insurance is what you need to take to court and is what will help you the most. It is doubtful that you could even register the car or obtain insurance for it since it does not belong to you.
Q. Where or who do i go to to file perjury charges on someone who lied under oath to mislead magistrate
A: Make a report to the police or sheriff in the county in which the court proceedings occurred.
Q. If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
A: Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.
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Contact & Map
Law Office of Brian K. McHugh
26 W. Dry Creek Circle
Suite 600
Littleton, CO 80120
USA
Telephone: (720) 280-3929