Attorney Elaine E Lukic

Freedom
A Former Prosecutor — Who Knows How To Win

With 20 years of experience in the criminal justice system, I know how to get positive results for clients who have been charged with a criminal offense. With insider knowledge and a drive to win, I am the attorney defendants turn to when dismissal — and freedom — is their goal.

High Rate Of Dismissals And Acquittals

Recognized by the Equal Justice Foundation for my “high rate of
acquittals and dismissals” in domestic violence cases.

Former Domestic Violence/Sex Assault Prosecutor

With a background in criminal prosecution, I have the know-how and insight
to stand-up for your constitutional rights.

Domestic Violence Defense

Falsely accused? Misunderstood? Targeted by a spiteful significant other?
I can help.

Sexual Assault Defense

I don’t judge. I provide mitigating evidence to the
court to paint a complete, accurate picture.

10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
Top 25 Criminal Trial Lawyers
NACDA Top Ten Ranking 2016
Florida Association of Criminal Defense Lawyers | FACDL
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Lead Counsel Rated | LC
Avvo Client's Choice 2015: Criminal Defense
Top 100 Trail Lawyers | The National Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2016 - Five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified | LC
10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
NACDA Top Ten Ranking 2016
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Avvo Client's Choice 2015 for Criminal Defense
Top 25 Criminal Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Florida Association of Criminal Defense Lawyers | FACDL
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Lead Counsel Verified | LC
Top 100 Trial Lawyers | The National Trial Lawyers
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2018 | Five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified | LC
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation

What are your options when you’re asked to enter a plea?

After an arrest, defendants are typically given arraignment, which is their first appearance in court. At that point, the judge will go over the existing charges and ask you to enter a plea.

What are your options? Although you’ve likely discussed the situation with your defense by this point, the ultimate decision lies on your shoulders, so it’s important to understand all the possibilities.

Not guilty, not guilty by reason of insanity, guilty and nolo contendere

Here in Colorado, you basically have four options when you enter a plea to your charges:

  • Not guilty: This means that you are asserting your innocence and waiving none of your Constitutional rights, including the right to a trial by jury and the presumption of innocence until the prosecution is able to prove their case beyond a reasonable doubt. (If you refuse to enter a plea at all, the court will enter a “not guilty” plea for you.)
  • Not guilty by reason of insanity: This means that you admit to the charges but believe that your mental disease or defects at the time prevented you from understanding what you were doing or that it was wrong. In essence, it has the same effect as a not guilty plea, although it does inform your approach to your defense.
  • Guilty: This means that you admitting to the charges and waiving your Constitutional right to the presumption of innocence and a trial. In most cases, this is only done after a plea agreement regarding the charges or sentencing has been worked out between the prosecution and defense.
  • Nolo contendere: Also called an “Alford Plea,” this allows a defendant to, in effect, maintain their innocence while admitting that the state likely has enough evidence to convict them at trial. While fairly rare, it is sometimes used in situations where the defendant doesn’t want a guilty plea to haunt them later in civil court.

In this state, something known as Rule 11 requires the Court (in the form of the judge overseeing the case) to make sure that a defendant who is pleading guilty or nolo contendere fully understands the charges against them, the potential consequences and how that affects their rights before accepting the plea.

If you’ve been charged with a crime, don’t try to handle the situation on your own. What you can read online is no substitute for experienced legal guidance.

Categories

FindLaw Network