Criminal Defense Practice Areas
Darcy Kofol defends clients across the full range of criminal charges — from narcotics conspiracies and homicide cases to DUI defense — based in Breckenridge, serving Summit County and clients across Colorado.
Narcotics & Drug Offense Defense
From simple possession to multi-defendant trafficking conspiracies, drug cases carry some of the harshest penalties in Colorado law — and some of the most aggressive prosecution tactics.
Darcy spent years building and trying these cases as a Chief Deputy DA — leading the 18th Judicial District's Organized Crime Unit, partnering with the DEA's Rocky Mountain Division on T-3 wiretap investigations, and prosecuting fentanyl, methamphetamine, cocaine, and marijuana trafficking operations. That insider perspective on how the state builds narcotics cases — from CI development to wiretap minimization to grand jury indictment — is exactly what your defense needs.
Defense Strategies
- Fourth Amendment challenges to searches and seizures
- Challenging wiretap necessity, minimization, and probable cause
- Confidential informant credibility and reliability challenges
- Constructive possession and knowledge defenses
- Chain-of-custody and lab testing challenges
- Diversion, drug court, and treatment-based alternatives
Homicide & Serious Felony Defense
When the charges are most serious — first-degree murder, manslaughter, organized crime, multi-count conspiracies — every decision matters. The defense team you choose can be the difference between a life sentence and a second chance.
Darcy tried homicide and organized-crime cases as a senior prosecutor for over a decade — including People v. Castorena (a quadruple homicide), People v. Che-Quiab (one of Colorado's first fentanyl-overdose murder prosecutions), People v. Black (a month-long co-defendant witness murder trial), and People v. Ausmus (a domestic violence arson/homicide). That experience on the prosecution side — managing forensic experts, presenting to grand juries, cross-examining defense witnesses — translates directly to a more strategic defense.
Defense Strategies
- Independent forensic and expert review (DNA, ballistics, pathology)
- Self-defense and affirmative defense development
- Witness credibility, identification, and cross-examination strategy
- Grand jury indictment challenges and motions practice
- Suppression motions targeting interrogations and search warrants
- Plea negotiation leveraging prosecution-side insight
Assault & Violent Crime Defense
Assault and violent crime convictions can result in prison, probation, and a criminal record that follows you for life. Every element of the prosecution's case must be rigorously challenged.
Bar altercations, ski slope incidents, and domestic disputes can escalate to serious criminal charges. Context matters enormously in these cases, and Darcy builds a complete picture of what actually happened.
Defense Strategies
- Self-defense and defense of others arguments
- Witness credibility challenges
- Evidence preservation and independent investigation
- Challenging mandatory arrest in domestic violence cases
- Restraining order defense and modification
- Negotiating dismissals or deferred judgments
DUI & DWAI Defense
Colorado has some of the strictest DUI laws in the country. A conviction carries mandatory jail time, heavy fines, license revocation, and a permanent criminal record.
I-70 through Summit County is a well-known DUI enforcement corridor. Whether you're a local or a visitor, being stopped on the mountain or in Breckenridge requires fast, knowledgeable defense.
Defense Strategies
- Challenging the legality of the traffic stop
- Questioning field sobriety test administration and interpretation
- Challenging breathalyzer calibration and maintenance records
- Blood test chain-of-custody and lab procedure challenges
- Negotiating charge reductions to DWAI or traffic infractions
- DMV hearing representation to protect your driving privileges
- Pursuing deferred prosecution or diversion programs
Theft & Property Crime Defense
Theft crimes range from petty shoplifting to felony fraud. A theft conviction — even a misdemeanor — can destroy your professional reputation and close employment doors permanently.
Ski resort towns see a unique mix of property crimes. Darcy has experience with the full range, from ski equipment theft to more complex fraud schemes.
Defense Strategies
- Challenging intent — a key element of theft charges
- Disputing the value of alleged stolen property (affects charge level)
- Suppressing improperly obtained evidence
- Negotiating restitution agreements in exchange for reduced charges
- First-offender diversion programs
- Deferred prosecution agreements
Traffic & Reckless Driving Defense
Colorado mountain roads — including I-70, Highway 9, and Summit County roads — are heavily patrolled. What starts as a traffic stop can escalate quickly to criminal charges.
Reckless driving and vehicular assault are criminal offenses, not just traffic tickets. Protect your driving record, your insurance rates, and your freedom.
Defense Strategies
- Challenging radar / LIDAR calibration and officer training
- Reviewing dashcam and bodycam footage
- Negotiating to non-moving violations to protect your insurance
- Point reduction and license preservation strategies
- Defending out-of-state drivers from Colorado license impacts
Expungements & Record Sealing
Colorado law allows many people with past arrests or convictions to seal or expunge their records. A sealed record is invisible to most employers, landlords, and the public.
If you've completed your sentence, you may qualify for a fresh start. Darcy evaluates your eligibility and handles the entire petition process.
Who May Qualify
- Individuals whose cases were dismissed or resulted in acquittal
- Those who completed a deferred judgment successfully
- Drug offenders who completed treatment and sentencing requirements
- Juvenile offenders seeking to clear youthful records
- Individuals with older convictions who have remained crime-free
Facing Charges? Don't Wait.
Early intervention by an experienced defense attorney can dramatically change the outcome of your case.