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colorado criminal defense bar
LA ASSOCIATION OF CRIMINAL
TOP 40

Case Results

Federal Court

  • Client charged along with 20 other defendants in a drug conspiracy that sold methamphetamine, heroin, and cocaine.  Client was facing a 10 mandatory minimum for the amount of drugs and a 5 year sentencing enhancement for possession of a firearm while distributing narcotics.  Successfully challenged the basis of a traffic stop and search which resulted in the exclusion of 6,000 methamphetamine pills and two firearms from being introduced at trail.  As a result client was no longer facing a 15 year mandatory sentence and ultimately plead guilty to a probation eligible offense.  Client died out of custody prior to sentencing and charges were ultimately dismissed. 

  • Alleged misconduct by police officer related their investigation and handling of a confidential informant. Resulted in dismissal of felon in possession of firearm charges.

  • Client charged with being the leader of a drug conspiracy that sold methamphetamine.  Indictment alleged 9 different counts related to the drug conspiracy.  One count dismissed prior to trial and jury unable to reach a verdict on another court.  Client convicted of remaining counts and was facing a life sentence pursuant to Federal Sentencing guidelines.  Successfully objected to sentencing guidelines and convinced the court to grant a deviate from sentencing guidelines to avoid a life sentence.  Client sentenced to only 16 years.  Also, alleged police misconduct for how officer handled confidential informant.  Motion for new trial denied, but officer ultimately arrested for child rape and child pornography several years later and is facing life in prison himself.

  • Client charged with drug conspiracy alleging distribution of MDMA, Marijuana, and Cocaine.  All charged dismissed.

  • Represented a prison guard charge in a drug conspiracy to distribute methamphetamine, heroin, cocaine, and marijuana inside the prison.  Successfully negotiated a plea to Misprison of a Felony Charge that made client probation eligible. 

State Court

  • Client was wrongfully convicted of armed robbery and sentenced to 50 years in prison.  Just after the Innocence Project accepted his case, he was again wrongfully arrested for assaulting 5 guards in prison.  Volunteered to represent the client pro bono for the assault charges and was able to get all 5 counts dismissed, which also allowed the Innocence Project to secure this clients freedom after exonerating him in the armed robbery case.  Client now free after serving 10 years for a crime he did not commit.

  • Client tried for sexual battery of a family member.  Acquitted at trial of all charges.  Alleged victim that threatened by trial court with contempt for outburst after acquittal.

  • Client charged with drug offenses.  Challenged the traffic stop at a pretrial hearing, but lost.  Preserved issue for appeal, and went to trial.  No appeal was filed because defendant was acquitted at trial after prosecutor failed to give notice of using a lab report of the drug analysis of the drugs in lieu of live testimony of the lab technician.

  • Possession with intent to distribute cocaine charges dismissed.  Client also arrested in a separate case for drunk driving and acquitted at trial. 

  • Client involved in an accident where she struck a motorcycle which resulted in death.  Client issued a citation for reckless driving and was investigated for vehicular homicide.  All charged were dismissed and DA refused vehicular homicide charged based on evidence produced by the defense that motorcyclist was at fault.

  • Client charged with felony 2nd degree assault by strangulation.  Jury acquitted of felony charge and client only convicted of a misdemeanor offense and received probation.

  • Client charged with felony theft for being in possession of a stolen construction trailer and equipment worth thousands of dollars.  Prosecutor failed to produce two exhibits to the defense prior to trial, which resulted in that evidence being excluded from trial.  Prosecutor then offered a misdemeanor charge during the middle of trial with a recommendation that client receive unsupervised probation. 

  • Client from Belize charged with felony grade theft while attending college in the U.S..  Her original lawyer advised her to plead guilty as charged and return to her home country, and attorney would handle sentencing without her.  A warrant was issued when client did not appear for sentencing.  Client denied entry to the U.S. 20 years later due to warrant.  Filed a Motion to Withdraw her guilty plea based on original attorney being disbarred, failing to disclose a conflict of interest in the case, and failing to advise of immigration consequences of guilty plea.  Court granted Motion to Withdraw Plea and case dismissed.  Client allowed to return to United States to see her daughter graduate from college.

  • Client charged with sex assault on a child.  After multiple hearings, case dismissed.

  • Client criminally charged after one of her horses got loose and trampled a neighbor causing serious injuries. Acquitted at trial. 

  • Successfully challenged illegal search of luggage which resulted in distribution of heroin charges being dismissed.

  • Client under investigation for child sex assault. Provided officers with information regarding innocence and successfully avoided arrest.

  • Client charged with felony statutory rape. Charges dismissed.

  • Client received an 18 year sentence in State Court that was supposed to run concurrent with his Federal Sentence.  Enrolled after sentencing and filed Motion to Withdraw Plea in State Court.  Trial court that imposed 18 year sentence refused to allow client to withdraw plea. State Supreme Court unanimously reversed trial court, found plea was unconstitutional, and client allowed to withdraw plea.

  • Client charged with possession with intent to distribute for having 116 bottles of promethazine.  Challenged the search of vehicle alleging that it was an unconstitutional prolonged detention while waiting for drug dog to arrive. Charges dismissed.

  • Client Charged with distribution of Alprazolam. While on bond, he was rearrested for selling marijuana. The distribution of Alprazolam case was dismissed in exchange for a misdemeanor plea in the marijuana case.

  • After a hearing dismissal granted based on statute of limitations violation and all charges dismissed.

  • Possession with intent to distribute heroin charges dismissed.

  • Client was a teacher and coach at a middle school.  Several students accused him of exchanging lewd photos with them via text message. Convinced police not to arrest and client avoided discipline at work since charges were unfounded.

  • Client charged with possession with intent to distribute schedule II narcotics.  Case dismissed. 

  • Client wrongfully arrested for felony theft.  Convinced District attorney that client’s arrest was result of a misidentification and no charges filed.

  • Client arrested for felony charges related to a home invasion with 3 other defendants.  Case resolved with a plea to misdemeanor trespassing and client received unsupervised probation.

  • Client charged with drunk driving after an accident where his vehicle flipped over several times.  He was acquitted at trial. 

  • Client charged with drunk driving after an accident where his vehicle flipped over several times.  He was acquitted at trial. 

  • Client charged with drunk driving after an accident where his vehicle flipped over several times.  He was acquitted at trial. 

  • Client charged with DUI/DWI for driving 18 wheeler under influence of drugs. Charges dismissed.

  • Client attempted to purchase a silencer for a firearm.  Was flagged by ATF and prohibited from purchasing silencer or any firearms.  Successfully appealed ATF firearm background check and client cleared for firearm purchases.

  • Client charged with distribution of methamphetamine after 14.2 pounds of meth were found during a traffic stop.  Client received probation.

Client Reviews

I would like to thank Ben. I was looking at some charges that he really fought against. I am also an Army Veteran and he really fought for me hard on all charges. I distantly recommend Ben to and for anyone. He...

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Ben helped our family through one of the most difficult situations we’ve ever been in. He was kind, honest and respectful. He listened in times of panic and gave us hope. Our family highly recommends Ben to...

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Mr. LaBranche is the overall best. I live out of state and thought getting a Lawer in another state would be a horror story. I called 2 LAWER’s prior; one dint return my call and the second thought he had me...

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