Monday, October 19, 2026

Lane Splitting in Colorado: What Is Legal and What Isn’t

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Lane splitting and lane filtering are not the same thing under Colorado law.

Lane splitting, riding between lanes while surrounding traffic is moving, remains illegal in Colorado.

Lane filtering became legal for certain two-wheeled motorcycles on August 7, 2024. But the exception is narrow. The surrounding traffic must be completely stopped, the motorcycle cannot exceed 15 mph, and several other conditions must be met.

The law is also temporary. Colorado’s lane-filtering authorization is scheduled to end on September 1, 2027, unless the General Assembly extends it.

If you ride a motorcycle in Colorado, the distinction matters. A maneuver that begins as legal filtering can become illegal lane splitting as soon as traffic starts moving.

Table of Contents

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Key Takeaways

  • Lane splitting through moving traffic remains illegal in Colorado.

  • Lane filtering is legal only when the statutory requirements are satisfied.

  • The vehicles being passed and traffic in adjacent lanes traveling in the same direction must be completely stopped.

  • The motorcycle cannot travel faster than 15 mph while filtering.

  • Lane filtering applies only to two-wheeled motorcycles.

  • If traffic begins moving, the rider must stop the passing maneuver.

  • Legal lane filtering does not automatically give the motorcycle the right of way or determine fault after a crash.

  • The lane-filtering authorization is currently scheduled to end September 1, 2027.

Lane Splitting vs. Lane Filtering in Colorado

People often use the terms lane splitting and lane filtering interchangeably. Colorado law treats them very differently.

Lane splitting generally means riding a motorcycle between lanes or rows of vehicles while traffic is moving. The Colorado State Patrol describes lane splitting as illegal.

Lane filtering is much narrower. It allows the driver of a qualifying two-wheeled motorcycle to move past stopped vehicles under specific conditions.

The Colorado Department of Transportation describes filtering as allowing motorcycles to slowly pass stopped vehicles traveling in the same direction.

The critical difference is whether traffic is stopped.

It does not matter that traffic is moving only two or three miles per hour. The Colorado filtering exception applies to stopped traffic, not merely slow traffic.

The 15 mph number is also frequently misunderstood. It is the maximum speed of the motorcycle while legally filtering. It does not mean that a rider may travel between vehicles moving at less than 15 mph.

If the cars are moving, the lane-filtering exception generally does not apply.

What Colorado’s Lane Filtering Law Requires

Colorado legalized limited motorcycle lane filtering through Senate Bill 24-079.

The law allows the driver of a two-wheeled motorcycle to pass another motor vehicle in the same lane only when the statutory conditions are satisfied.

According to the statute and the CDOT lane-filtering guidance, the important requirements include:

  1. The vehicle being passed must be completely stopped.

  2. Traffic in adjacent lanes traveling in the same direction must also be stopped.

  3. The lanes must be wide enough for the motorcycle to pass safely.

  4. Conditions must permit the motorcycle to be operated prudently while passing.

  5. The motorcycle may not exceed 15 mph while filtering.

  6. The rider may not use the right shoulder to pass.

  7. The rider may not enter a lane of traffic traveling in the opposite direction.

The statute also places restrictions on passing to the right of vehicles in the farthest right-hand lane on certain roads.

The important point is that lane filtering is a narrow exception to Colorado’s normal prohibition against riding between vehicles. It is not a general permission to ride between lanes whenever traffic is congested.

What Happens When Traffic Starts Moving?

This is one of the most important parts of the law.

Traffic may be completely stopped when a rider begins filtering. Then the light changes or the congestion begins moving.

Colorado law requires the rider to stop the passing maneuver when the vehicles being overtaken begin moving.

You cannot continue traveling between the lanes simply because the maneuver began legally.

This is also where legal filtering can quickly turn into illegal lane splitting.

The Colorado State Patrol has specifically warned riders about the difference between completely stopped traffic and traffic that is slowly moving. Its guidance on Colorado’s lane-filtering law stresses that filtering does not authorize motorcycles to continue passing once traffic starts rolling.

If surrounding traffic is creeping forward, even very slowly, the statutory filtering exception does not apply.

Which Motorcycles Can Lane Filter?

The law applies only to two-wheeled motorcycles.

The Colorado Department of Transportation specifically explains that e-bikes and electric scooters do not qualify.

Three-wheeled motorcycles also fall outside the lane-filtering authorization.

That distinction can be confusing because Colorado motorcycle endorsements may cover both two-wheeled and three-wheeled motorcycles. The filtering law is narrower than the licensing rules.

If you are operating a motorcycle with three wheels or another vehicle that does not qualify as a two-wheeled motorcycle, you should not assume the lane-filtering exception applies.

Can You Lane Filter on the Shoulder?

No.

Colorado’s filtering law does not give motorcycle riders permission to use the shoulder to bypass stopped traffic.

The law specifically prohibits passing on the right shoulder.

That means a rider cannot simply move onto the shoulder during congestion and characterize the maneuver as lane filtering.

Legal filtering occurs within the roadway under the conditions established by the statute.

Colorado’s Lane Filtering Law Is Temporary

Colorado’s lane-filtering law is currently an experiment rather than a permanent authorization.

The law is scheduled to be repealed on September 1, 2027.

The state is collecting safety information and evaluating the effects of lane filtering. According to CDOT, a report is due before the current authorization expires.

As of October 19, 2026, qualifying lane filtering remains legal.

Unless the General Assembly changes the law, however, the authorization will end September 1, 2027.

Because the law may change, riders should confirm the current status before relying on it.

The CDOT motorcycle lane-filtering page is a good place to check.

Is Lane Splitting Still Illegal in Colorado?

Yes.

Colorado’s new law did not generally legalize riding between lanes.

It created a limited exception allowing certain motorcycles to pass stopped traffic under specified conditions.

Riding between vehicles that are moving remains outside that exception.

The Colorado State Patrol continues to distinguish illegal lane splitting from lawful lane filtering based largely on whether surrounding traffic is moving or stopped.

A rider who travels between moving vehicles could face a traffic citation depending on what occurred.

More serious conduct can potentially result in charges such as careless driving or reckless driving.

Colorado generally classifies reckless driving as a class 2 misdemeanor traffic offense. Ordinary careless driving when no bodily injury or death results is also a class 2 misdemeanor traffic offense, although the consequences change when careless driving results in injury or death.

You can read more about those offenses in our guide to careless driving vs. reckless driving.

Traffic convictions can also carry driver’s-license points. Our guide to Colorado traffic fines and points explains how the point system works.

Who Is at Fault in a Lane-Filtering Motorcycle Crash?

The fact that a motorcycle was filtering does not automatically answer the fault question.

Legal lane filtering does not give the motorcycle an unlimited right of way. But the fact that a rider was filtering also does not automatically make that rider responsible for a collision.

Fault depends on what each person did.

Examples include:

  • A motorcycle rider exceeds 15 mph while filtering.

  • The rider continues between vehicles after traffic starts moving.

  • The available space is too narrow to pass safely.

  • A driver suddenly changes lanes while the motorcycle is lawfully filtering.

  • A driver opens a door into the motorcycle’s path.

  • A rider enters an opposing lane while attempting to pass.

  • A rider is lane splitting through moving traffic rather than lawfully filtering.

Each situation presents different evidence.

The Colorado State Patrol’s lane-filtering guidance emphasizes that riders remain responsible for determining whether conditions allow the maneuver to be performed safely.

That does not create an automatic legal presumption that the motorcycle rider caused every filtering accident.

Insurance companies, attorneys, and ultimately a jury may need to evaluate the actions of both drivers.

Colorado Comparative Negligence and Motorcycle Accidents

Colorado allows fault to be divided between people involved in an accident.

That means a motorcycle rider can be partly responsible for a crash without necessarily losing the entire injury claim.

Colorado follows a modified comparative negligence system. If the injured rider is partly negligent, any damages awarded can generally be reduced according to the rider’s percentage of fault.

However, if the injured person is found equally or more negligent than the person from whom recovery is sought, recovery against that person can be barred.

For example, assume a jury determines that a motorcycle rider suffered $100,000 in damages but was 20 percent responsible for the accident.

The recoverable damages could potentially be reduced to $80,000.

That is one reason the precise facts of a filtering accident matter.

Whether traffic was completely stopped, how fast the motorcycle was traveling, where the vehicles were positioned, and whether another driver attempted a sudden lane change can all become important.

Evidence to Preserve After a Lane-Filtering Accident

If you are involved in a motorcycle crash, evidence can disappear quickly.

If you can safely do so, consider preserving:

  • Photographs of the roadway and lane widths.

  • Photographs showing the final positions of the motorcycle and vehicles.

  • Damage to the motorcycle and other vehicles.

  • Skid marks, debris, and scrape marks.

  • Helmet-camera footage.

  • Dashcam footage.

  • Contact information for witnesses.

  • Nearby business or traffic-camera footage.

Medical documentation also matters.

Some motorcycle injuries are obvious immediately. Others may become more apparent after the adrenaline from the crash wears off.

Avoid guessing about your exact speed, distance, or other details when speaking with an insurance company if you do not actually know the answer.

No.

The law gives qualifying riders the option to filter under limited circumstances. It does not require anyone to do it.

A lane may technically be wide enough to pass while still creating a difficult or risky situation.

Large trucks, mirrors, saddlebags, road construction, potholes, turning vehicles, driveways, and distracted drivers can all change the risk.

The Colorado State Patrol and CDOT encourage riders to use judgment.

The legal maximum is 15 mph. That does not mean 15 mph is always a safe filtering speed.

Conditions may require traveling substantially slower or remaining in the traffic lane entirely.

The Colorado Motorcycle Operator Handbook also provides guidance on lane positioning, visibility, and motorcycle safety.

Colorado Motorcycle License Requirements

Colorado requires motorcycle riders to have the appropriate license endorsement.

According to the Colorado DMV:

  • An M endorsement permits operation of two-wheeled and three-wheeled motorcycles.

  • A 3 endorsement is limited to three-wheeled motorcycles.

  • Riders can qualify through motorcycle testing or through an approved Motorcycle Operator Safety Training program.

  • Riders under 18 generally must hold a motorcycle instruction permit for 12 months before receiving the endorsement.

  • Riders under 16 must successfully complete an approved motorcycle safety training program before obtaining a motorcycle instruction permit.

  • Colorado does not issue a separate motorcycle-only driver’s license.

  • Motorcycle endorsements generally must be added through a driver-license office rather than online, by mail, or by phone.

Remember that having an endorsement that allows operation of a three-wheeled motorcycle does not mean that three-wheeled motorcycles qualify for lane filtering.

The filtering statute applies specifically to two-wheeled motorcycles.

If You Were Ticketed for Lane Splitting or Filtering

A traffic ticket is an accusation, not a conviction.

If you receive a citation related to lane splitting or lane filtering, look carefully at the specific offense listed on the ticket.

Useful steps may include:

  1. Keep the ticket and note every court deadline.

  2. Write down what happened while the details are still fresh.

  3. Preserve helmet-camera, dashcam, or other video.

  4. Photograph the road if lane width or roadway configuration matters.

  5. Identify witnesses who saw whether traffic was moving or stopped.

  6. Avoid making unnecessary statements about disputed facts.

  7. Talk with a traffic attorney before automatically paying the citation.

Paying a traffic ticket can amount to accepting the charge and may result in points or other consequences.

Our article on how long a traffic ticket stays on your record explains some of the issues that can follow a traffic conviction.

In a filtering case, seemingly small facts may matter.

Was the traffic actually stopped?

Was an adjacent lane moving?

How fast was the motorcycle traveling?

Was the lane wide enough to pass safely?

Did traffic begin moving during the maneuver?

Video can sometimes answer those questions much more reliably than competing recollections.

How McDowell Law Firm Can Help

I’m Josh McDowell, a Colorado Springs trial attorney and former prosecutor. I limit my caseload so I can personally handle the cases I accept and communicate directly with my clients.

Motorcycle incidents can involve both criminal or traffic issues and personal injury claims.

If you received a citation for careless driving, reckless driving, or another traffic offense, our traffic defense practice can review the charge and the evidence.

If you were injured because of another driver’s actions, our personal injury practice represents people injured in motorcycle, car, and truck accidents, as well as wrongful death cases.

Personal injury cases are handled on a contingency fee of 33-40%, so there is no upfront retainer for the injury claim itself.

If the crash was relatively minor and you are unsure whether you need a lawyer, our article on whether to hire a lawyer after a minor car accident may help.

Frequently Asked Questions

No. Riding between lanes of moving traffic remains illegal in Colorado. Colorado legalized limited lane filtering, which permits qualifying two-wheeled motorcycles to pass stopped traffic under specific conditions.

Yes, as of October 2026. The current authorization allows qualifying two-wheeled motorcycles to filter through completely stopped traffic under the conditions established by Colorado law.

The authorization is currently scheduled to end September 1, 2027 unless lawmakers extend it.

How fast can you go while lane filtering in Colorado?

The motorcycle may not exceed 15 mph while filtering.

Fifteen mph is a maximum, not a recommended speed for every situation. The law also requires conditions to permit prudent operation.

Can traffic be moving while I lane filter?

No.

The vehicle being passed and adjacent traffic traveling in the same direction must be stopped.

If traffic begins moving during the maneuver, the rider must stop overtaking the vehicles.

Can I lane filter on the shoulder?

No.

Colorado’s filtering exception does not permit passing on the right shoulder.

Can I lane filter on an e-bike or electric scooter?

No.

The authorization applies to qualifying two-wheeled motorcycles. The CDOT lane-filtering guidance states that e-bikes and electric scooters do not qualify.

Can a three-wheeled motorcycle lane filter?

No.

The filtering authorization is limited to two-wheeled motorcycles.

Is the motorcycle rider automatically at fault after a lane-filtering accident?

No.

Fault depends on the circumstances of the crash and the conduct of everyone involved.

Whether the motorcycle rider complied with the filtering law will be important, but another driver’s negligence can also contribute to or cause a collision.

Can you get a ticket for illegal lane splitting?

Yes.

The specific citation depends on the facts. Depending on how the motorcycle was being operated, potential offenses may include careless driving, reckless driving, or another traffic violation.

Sources

Motorcycle Lane Filtering, Colorado Department of Transportation

Lane Filtering in Colorado, Colorado State Patrol

Colorado State Patrol Warns Riders to Respect the Colorado Lane Filtering Law

SB24-079 Motorcycle Lane Filtering & Passing, Colorado General Assembly

I’m a Motorcycle Driver, Colorado DMV

Colorado Motorcycle Operator Handbook, Colorado DMV

Crime classification guide: misdemeanor traffic offenses, Colorado General Assembly

This article is general information about Colorado law and is not legal advice for your specific situation.

Colorado lane filtering and splitting comparison

Sources

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How to Choose a Criminal Defense Lawyer in Colorado

Choose a criminal defense lawyer by checking five things: an active Colorado license with a clean disciplinary record, real experience with your specific charge, familiarity with the court where your case will be heard, a clear written fee agreement, and a lawyer who will actually talk to you and handle your case personally. If you can’t afford a lawyer, Colorado also has a public defender system you can apply to.

I know this decision lands at the worst possible time. You may have been arrested yesterday, or a summons may be sitting on your kitchen table. You’re scared, and everyone you talk to has an opinion. This guide walks through the choice step by step, so you can make it with a clear head.

Key takeaways

  • Decide first whether you qualify for a public defender or need to hire privately.

  • Verify the license and discipline history yourself. Don’t rely only on online reviews.

  • Ask who will personally handle your case, not who will sign the retainer agreement.

  • Get the fee structure in writing, and understand what “retainer” and “flat fee” mean.

  • Talk to more than one lawyer if you have the time. Many cases don’t require a decision in the first hour.

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Step 1: Decide Between a Public Defender and a Private Lawyer

You have a right to a lawyer. In Colorado, criminal charges are prosecuted by district attorneys, and the state Constitution guarantees the right to counsel. If you can’t afford one, you may apply for a public defender by completing Form JDF208. The Office of the Public Defender makes the first eligibility decision, and the court can review it.

If you aren’t found indigent, and you want an attorney, you must hire private counsel. Public defenders are licensed attorneys, and many are excellent trial lawyers. The practical difference is usually caseload and choice: with a public defender you don’t pick the attorney, and with a private lawyer you do. That is why the rest of this guide matters if you’re hiring privately.

Public defender and private counsel compared

A note on timing: if you’ve been arrested, don’t answer questions about the allegations until you’ve spoken with a lawyer, whichever route you take. Asking for a lawyer is a constitutional right, not an admission of anything. Colorado’s judicial branch explains that it is wise to exercise your rights even if you later decide to plead guilty.

Step 2: Verify the License and Disciplinary History

This takes five minutes and many people skip it. The Colorado Supreme Court’s Office of Attorney Regulation Counsel runs a public, searchable attorney database. Each record shows a lawyer’s license status, such as active or disbarred, and whether the lawyer is in private practice. It also shows whether the lawyer reports carrying professional liability insurance.

What to look for:

  • Active status. Anything other than active is a stop sign.

  • Public discipline. Censures, suspensions and disbarments are public record. Testimonials rarely mention them.

  • Name match. Make sure the Colorado registration number matches the lawyer you’re talking to, not a similarly named attorney.

Online reviews are useful for a general feel of how a firm treats people, but they are not a background check. The same principle applies anywhere you’re about to hand over money.

Be wary of awards and badges, too. A “Top 10” label can come from a paid directory. A clean record on the state’s regulation site is a far better signal.

Step 3: Match the Lawyer’s Experience to Your Charge

“Criminal defense” covers a huge range. A first-offense traffic matter, a felony assault, a domestic violence allegation and a juvenile case are handled differently, in different courtrooms, with different consequences. When you vet a lawyer, ask about experience with your specific type of case, not just years in practice.

Questions worth asking:

  1. How many cases like mine have you handled in the last few years?

  2. Have you taken cases like mine to trial, or do most of them resolve before trial?

  3. What outcomes have you seen, including dismissals, reduced charges and verdicts? (A careful lawyer won’t promise a result.)

  4. Do you regularly appear in the court where my case is filed?

That last question matters more than people expect. Courts, judges and prosecutors’ offices each have habits. Someone who knows how the local court works can often see problems and opportunities earlier. Colorado’s own guidance on retaining private counsel says to verify the lawyer’s experience in the specific type of case and familiarity with the local jurisdiction.

Why a former prosecutor’s perspective can help

A lawyer who has prosecuted cases knows how the other side evaluates evidence, what makes a file strong or weak, and how charging and plea decisions get made. That is the background Josh McDowell brings to your case. It isn’t a guarantee of any result, and no lawyer can ethically offer one. It does mean the strategy for your case is built by someone who has sat on both sides of the table.

If you want to understand what the work involves before you call anyone, our guide on what a criminal defense lawyer does lays it out in plain terms. If you’re unsure which court or charge category you’re in, the Colorado criminal charges list explains how case types are labeled.

Step 4: Ask Who Will Actually Handle Your Case

This is the question I’d put at the top of the list. At some larger practices, the lawyer you meet at the consultation isn’t the one who appears in court, and the day-to-day work goes to junior staff. That model can work for some people. But you should know which one you’re buying.

Ask directly:

  • Will you personally handle my case from start to finish?

  • Who will appear with me at every hearing?

  • Who answers my calls and emails, and how fast can I expect a reply?

  • How many cases do you carry at one time?

Caseload is the quiet factor behind everything else. A lawyer with fewer open cases has more time to review video and police reports, interview witnesses and prepare for hearings. At McDowell Law Firm, Josh McDowell limits his caseload so he can give each client direct attention and communicate with them personally.

Step 5: Understand Fees Before You Sign

Money is awkward to discuss when you’re frightened, but unclear fee terms cause real trouble later. Here is what you need to know.

Criminal fees can’t depend on the outcome

In criminal cases, a lawyer can’t charge a fee that depends on winning. The ABA Model Rule 1.5(d)(2) prohibits contingent fee agreements when representing a defendant in a criminal case. Colorado’s rules follow the same general approach, but check the current Colorado Rules of Professional Conduct if you want the exact wording. If a lawyer offers to be paid only if you win, treat that as a warning sign. Colorado Rule of Professional Conduct 1.5 prohibits a lawyer from charging a contingent fee for representing a defendant in a criminal case. In other words, a criminal-defense lawyer cannot make the fee depend on whether the client is acquitted, receives a dismissal, or obtains some other particular result.

The same rule says lawyers must charge reasonable fees, and fee arrangements should be communicated to you in writing.

Common fee structures

Structure How it works What to ask
Flat fee One set price for a defined scope of work What stages does it cover? Does it include trial?
Hourly You pay for time spent, often against an advance deposit What is the rate, and how often will I get itemized bills?
Hybrid A flat fee for early stages, then hourly or a new fee if the case goes to trial When does the fee change?

We don’t publish a set price for criminal defense matters, because the work depends on the charge, the evidence and how far the case goes. That is a fair question to bring to any consultation: ask the lawyer to explain exactly how the fee is figured for your charge.

“Retainer” doesn’t always mean what you think

Lawyers use the word loosely. According to an ABA summary of its 2023 ethics opinion, a retainer is technically payment for a lawyer’s availability, not a deposit against future work. The ABA suggests lawyers use plain language, such as calling prepaid money an “advance” or a “deposit for fees.” If someone says “retainer,” ask which one they mean: payment for being available, or prepayment for work to be done.

“Nonrefundable” labels

Some agreements describe fees as “nonrefundable” or “earned upon receipt.” ABA Formal Opinion 505 (2023) explains that those labels don’t override a lawyer’s duty to safeguard client funds. Prepaid fees are generally treated as advances held in a client trust account until the work is performed. For flat fees specifically, the ABA’s criminal justice magazine discusses the obligations lawyers have when receiving flat fees paid in advance. Rules differ on specifics, so if a fee agreement seems to say you could never get unearned money back, ask the lawyer to explain it, or have another lawyer review it before you sign.

What to confirm in writing

  • The fee structure: flat, hourly or hybrid.

  • Exactly what work is covered, and what isn’t (for example, trial, appeals or a separate license hearing).

  • Whether costs such as investigators or expert witnesses are included or billed separately.

  • How and when unearned money is refunded if the case ends early.

  • Payment plan options, if you need them.

If you’re dealing with a DUI, our page on DUI lawyer costs explains the factors that move the price.

Step 6: Judge Communication at the First Meeting

The consultation tells you more than any website. Pay attention to how the lawyer treats you in that first conversation.

Good signs:

  • The lawyer asks detailed questions and listens to the answers.

  • They explain the process, and the possible outcomes, in words you understand.

  • They tell you about weaknesses in your case as well as strengths.

  • They don’t pressure you to sign on the spot.

  • They are clear about what they don’t know yet.

Warning signs:

  • A guarantee of a dismissal or acquittal. No honest lawyer can promise one.

  • Vague answers about who will do the work.

  • Reluctance to put fee terms in writing.

  • Pressure to decide immediately when you have no deadline that day.

Everything you tell your lawyer in seeking legal advice is generally protected by attorney-client confidentiality. If you can’t come in person right away, you may be able to start with a confidential online consultation.

Step 7: Think Beyond the Plea Deal

Most people choose a lawyer based on the next court date. It’s worth thinking a little further ahead, because decisions in the case can shape what options you have later.

Other long-term questions to raise:

  • How could a conviction, or a plea, affect my record, my job, my license or my immigration status?

  • Are there options such as dismissal, a deferred judgment or a lesser charge that may apply to my situation?

  • Could the charge affect my driving privileges? (That is especially relevant in DUI and traffic cases.)

A good lawyer will answer those honestly, and tell you when something depends on facts they haven’t seen yet.

Think Beyond the Immediate Charge

A good criminal defense lawyer should look beyond the next court date or the first plea offer. Before resolving a case, you should understand how the result could affect your criminal record, employment, professional licensing, immigration status, firearm rights, driving privileges, and your ability to seal the case later. Some consequences depend on the exact charge or disposition rather than simply whether you were convicted. Ask your lawyer what consequences apply before you make a final decision.

Questions to Ask Any Criminal Defense Lawyer

Bring this list to your consultations. Take notes, and compare answers.

About experience

  1. How often do you handle my kind of charge?

  2. Have you tried cases like mine in front of a judge or jury?

  3. Do you regularly appear in the court where my case is pending?

About your case

  1. What do you see as the strengths and weaknesses so far?

  2. What are the realistic range of outcomes, and what could change them?

  3. What do you need from me, and what should I avoid doing or saying?

  4. What deadlines are coming up?

About working together

  1. Will you personally handle my case?

  2. How will we communicate, and how quickly will you return calls?

  3. Will I be told before any plea offer is discussed or accepted?

About money

  1. How is your fee set, and what does it cover?

  2. Are costs like investigators and experts included?

  3. What happens to unearned money if the case resolves early?

  4. Can I have the fee agreement in writing before I sign?

How We Approach New Clients

At McDowell Law Firm in Colorado Springs, Josh McDowell, a former prosecutor, personally handles each case and keeps his caseload limited so clients get direct communication and thorough preparation. We represent people charged with misdemeanors and felonies, DUI and traffic offenses, domestic violence allegations and juvenile matters. If you’re weighing options, you can start on our criminal defense page, or go straight to a practice area such as DUI defense. We’re glad to talk through your situation and answer the questions above, whether or not you end up hiring us.

Red Flags and Green Flags at a Glance

Green flags Red flags
Active license, clean record on the state database Won’t give a bar number, or the record shows discipline
Clear written fee agreement Verbal-only fees or vague “nonrefundable” terms
Specific experience with your charge and court Non-specific terms of representation
Lawyer personally handles your case You never speak with the attorney
Honest about risks and unknowns Promises of a guaranteed outcome
Lets you take time to decide Pressure to sign immediately

Frequently Asked Questions

Should I hire a lawyer for a misdemeanor?

Often, yes. A misdemeanor can still bring jail time, fines, probation and a criminal record that shows up in background checks. A lawyer can review the evidence, look for legal problems with the case and explain your options before you decide how to proceed. You can read more about this on our misdemeanor defense page.

Is a public defender a bad choice?

No. Public defenders are licensed attorneys who handle criminal cases every day. The main differences are that you don’t select the attorney and that eligibility depends on a financial determination by the Office of the Public Defender. If you qualify, you can apply with Form JDF208. If you don’t qualify, you will need to hire private counsel.

Can a criminal defense lawyer work for a percentage of the outcome?

No. Under ABA Model Rule 1.5(d)(2), contingent fees are prohibited in criminal defense. Criminal lawyers typically charge flat or hourly fees, so ask for the structure in writing.

How soon should I hire a lawyer after being charged or arrested?

As soon as you reasonably can. Early on, a lawyer can advise you about what to say and not say, preserve evidence such as video, and make sure you don’t miss deadlines. Evidence can disappear and deadlines can pass quickly, so waiting rarely helps.

Can I switch lawyers if I’m not comfortable?

Yes, you generally can change lawyers, though it may affect timing and fees, and a judge may need to approve a substitution once a case is filed. Review your fee agreement for how unearned money would be handled, and try not to wait until right before a hearing.

Sources

This article is general information, not legal advice for your situation. Speak with a licensed Colorado attorney about your specific charges.

Additional Reading

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No Contest vs. Guilty: What Each Plea Means in Colorado

A no-contest plea and a guilty plea almost always lead to the same place: a conviction and a sentence. The difference is what you say on the record. With a guilty plea, you admit the charge. With a no-contest plea (also called nolo contendere), you don’t admit guilt, but you give up your right to a trial and the judge sentences you as if you were guilty. In Colorado, you also can’t simply choose no contest. The court has to agree to it.

If you are staring at a plea offer right now, take a breath. This is a decision you make with a lawyer, not alone at the first hearing. Below, we explain how the two pleas compare, why the label matters less than most people think, and what to review before you enter either one.

People v. Darlington, 105 P.3d 230 (Colo. 2005). The Colorado Supreme Court said that, for purposes of the criminal case, a nolo contendere plea is “fully equivalent” to a guilty plea. It also identified the key distinction: nolo gives the defendant the advantage of not being estopped from denying fault in a civil action arising from the same facts.

This article is general information about Colorado practice, not advice on your specific case.

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Key takeaways

  • Both pleas waive your trial. Neither one keeps the prosecution’s burden of proof in play. Only a not-guilty plea does that.

  • Both ordinarily result in a conviction. Cornell’s Legal Information Institute explains that a no-contest plea doesn’t expressly admit guilt but still waives trial and lets the court punish you as though you were guilty.

  • In Colorado, no contest requires the court’s consent. Colorado Criminal Rule 11 says so directly.

  • The biggest practical difference is usually civil. A no-contest plea may keep the plea itself from being used against you in a related lawsuit. It does not make the conviction disappear.

  • Don’t pick a plea by its label. Look at the sentence, the collateral consequences and the rights you give up.

What a guilty plea means

When you plead guilty, you tell the court you committed the offense charged. The judge then asks you a series of questions to make sure the plea is knowing and voluntary. Under Colorado Rule 11(b), the court may not accept a guilty or no-contest plea until it determines, among other things, that you understand the charge and its elements, that the plea is voluntary, that you are waiving your right to a jury trial, and that you understand the possible penalties. The same rule also tells defendants that the court is not bound by what anyone has told them about the penalty.

That last point matters. A prosecutor’s recommendation, or even a negotiated agreement, doesn’t always lock in the sentence in the way people assume. We go through exactly what is and isn’t binding in your particular agreement before you ever stand up in court.

Once the judge accepts a guilty plea, that is a conviction. The Colorado Judicial Branch glossary defines a conviction to include a judge’s acceptance of a guilty plea, not just a verdict after trial. The case then moves to sentencing or to whatever disposition was agreed.

What a guilty plea means — overview diagram

What a no-contest plea means

Nolo contendere is Latin for roughly “I do not wish to contend.” You are telling the court you won’t fight the charge. You don’t say “I did it,” and you don’t say “I didn’t.”

If you’re asking whether no contest is the same as guilty, the honest answer is: for punishment, yes. The federal rule says that for sentencing purposes nolo contendere is treated like a guilty plea, and the resulting judgment is a conviction. Colorado courts follow the same practical logic. You can be fined, placed on probation, ordered into treatment or sent to jail, just as with a guilty plea, if the offense carries those penalties.

Comparison of guilty and no-contest plea consequences

It is also not the same as pleading not guilty. A not-guilty plea keeps the case going toward discovery, motions and possibly a trial. A no-contest plea ends that path.

Side-by-side comparison

Question Guilty plea No-contest plea Not-guilty plea
Do you admit the offense? Yes, expressly No express admission No
Do you waive trial rights? Yes Yes No
Is there a conviction? Yes Yes Only if later convicted
Can the judge sentence you as if guilty? Yes Yes Only after a guilty verdict or later plea
Does the court have to consent? Court must find the plea valid Colorado requires the court’s consent No
Typical civil-case effect The plea may be used against you The plea itself generally cannot be used as an admission Nothing admitted

The row that causes the most confusion is the last one. We will come back to it.

Colorado: the judge has to agree

People often assume no contest is a menu option like any other. In Colorado, it isn’t. Rule 11(a) allows a defendant to plead guilty, not guilty, not guilty by reason of insanity, or, with the consent of the court, nolo contendere.

That has real consequences for planning:

  1. A prosecutor’s agreement is not enough. Even if the district attorney’s office is fine with a no-contest plea, the judge can decline.

  2. You need a fallback. If the judge refuses, you may be asked to choose between guilty and not guilty on the spot. We prepare for that possibility before the hearing, including whether to proceed with a not-guilty plea and litigate motions.

  3. Federal court works similarly. Federal Rule 11 allows nolo contendere only with the court’s consent, after the judge considers the parties’ views and the public interest in effective administration of justice.

If you are in El Paso County, how often and in which types of cases judges accept no-contest pleas varies. Ask your lawyer what is realistic in the courtroom where your case is set, not what happened in a case someone read about online.

Why people consider no contest

The most common reason has nothing to do with the criminal sentence. It is a civil lawsuit.

Suppose a crash results in a criminal charge, and the other driver is also thinking about suing. A guilty plea is an admission. The other side may want to use it in the civil case to show you were at fault. Colorado Rule of Evidence 410 addresses this: as written, it makes evidence of a nolo contendere plea inadmissible in a civil or criminal proceeding against the person who made the plea, “except as otherwise provided by statutes of the State of Colorado.” That copy of the rules is several years old, so your lawyer should confirm the current text and any statutory exceptions that apply to your claim.

The federal rules reflect the same reasoning, and Cornell’s reference notes that this protection is narrow. It limits using the plea as an admission. It does not erase:

  • the underlying incident and the other evidence about it,

  • the injuries and damages someone may claim,

  • the criminal conviction itself, which may remain relevant later,

  • testimony you give in the criminal case, which can raise impeachment issues in a later proceeding.

So no contest is a litigation strategy. It isn’t a finding that you’re innocent, and it isn’t a promise of lighter punishment.

What no contest does not do

Here are the misunderstandings we hear most often.

“No contest means no conviction”

It doesn’t. As discussed above, the judgment is a conviction. Be careful with shorthand like this, because the word “conviction” can mean different things under different laws. A Colorado appellate decision summarized by the legislature’s legal staff, in its Cases of Note, held that a successfully completed DUI deferred judgment, which the DUI statutes expressly exclude from the definition of “conviction,” was still a conviction for purposes of the record-sealing statute. The same disposition counted differently under different statutes. That is why we ask, every time, which law is asking the question: the DMV, a licensing board, an employer, an immigration agency, or a sealing statute.

“No contest is an easy way out of a DUI”

No. In a DUI case, the plea label doesn’t remove DUI-related consequences. Probation terms, classes, fines, jail exposure and license consequences depend on the charge, the agreement and the sentence. If you want the specifics, see our guide to Colorado DUI, DWAI and UDD penalties and our explanation of license suspension after a DUI.

“The judge will go easier on me”

Not automatically. Judges don’t treat the plea label as a discount. What shapes the sentence is the offense, your history, the agreement and the facts presented. Rule 11 itself warns that the court is not bound by representations about the penalty.

“I can take it back later”

Withdrawing a plea after the court accepts it is difficult and has its own standards. Treat entering a plea as the point of no return, and get your questions answered first.

Why an innocent person might plead no contest

It is one of the most common questions, and it makes people uncomfortable, so here is a direct answer. Some people facing a charge they dispute still weigh a plea offer, because trial carries risk. A conviction at trial can mean a harsher sentence than the offer. An offered disposition may include probation instead of jail. A civil claim may be waiting in the wings. A no-contest plea lets someone resolve the case without saying words they say aren’t true.

That is a serious tradeoff, and it should be made with full information about the evidence, not out of fear or exhaustion. If you believe you didn’t commit the offense, the first question is whether the case can be defended, through suppression motions, weaknesses in the evidence or other defenses. A plea should come after that review, not before.

What is an Alford plea?

An Alford plea is a guilty plea entered by a defendant who continues to maintain innocence. Instead of admitting that the prosecution’s allegations are true, the defendant accepts a guilty plea because the evidence creates a substantial risk of conviction at trial and the plea offer is preferable to that risk. Colorado recognizes Alford pleas, and once the court accepts one, it is treated as a guilty plea and results in a conviction. That makes an Alford plea different from a no-contest plea. With no contest, the defendant does not admit guilt and does not enter a guilty plea. With an Alford plea, the defendant does enter a guilty plea, even while maintaining that he or she did not commit the offense. The distinction can matter in later civil, licensing, immigration, and other proceedings, so the consequences should be reviewed carefully before choosing either option.

A different option to consider: deferred judgment

Sometimes a better question than “no contest or guilty” is whether the case can be resolved in a way that lets the charge fall away if you complete conditions. In Colorado, a deferred judgment and sentence may allow that in some cases. Eligibility and the terms depend on the charge and the court, and the DUI context has its own quirks, as the case above shows. Our page on deferred judgment and sentence in Colorado covers the benefits and eligibility in more detail. A deferred judgment usually involves a plea at the start, so the plea decision and the deferral decision are linked.

What to review before entering any plea

Use this as a checklist for the conversation with your lawyer. These are the issues Colorado practice requires you to understand before the court accepts a plea.

  1. The exact charge and sentencing range. Is it a misdemeanor or a felony? Are there mandatory minimums?

  2. The evidence. In a DUI case that means the officer’s observations, body camera video, breath or blood results and witnesses. Was the stop lawful? Was testing done properly? Our article on how to get criminal charges dropped in Colorado explains how motions and weaknesses in a case can change the picture.

  3. Collateral consequences. These include employment, professional licenses, insurance, firearm rights, housing and immigration status. Non-citizens in particular should have an immigration review before any plea, whatever it is called.

  4. Civil exposure. Is anyone injured, or likely to sue? Will the plea be used in a later case?

  5. The terms of the deal. Will there be probation, treatment, restitution, fines, an interlock requirement or jail? What happens if you violate probation?

  6. Whether the court will accept it. If you’re asking for no contest, what is the plan if the judge says no?

  7. The alternative. What does a not-guilty plea give you? That plea keeps the prosecution’s burden of proof in place and keeps motions and trial available.

The Colorado Judicial Branch’s rights summary says it is wise to use your constitutional rights even if you later decide to plead guilty. Those rights include remaining silent and speaking with a lawyer. In practice, that means you shouldn’t explain what happened to police, a prosecutor, an insurance adjuster or the other side of a possible lawsuit until you’ve had legal advice about your case.

Worked example: a crash, a charge and a possible lawsuit

This is a hypothetical, not a real client.

A driver is charged with careless driving causing injury after a collision. The other driver has said they are considering a claim. The prosecutor offers a disposition with a fine and probation. The defense lawyer reviews it and sees three questions.

First, does the offered sentence make sense given the evidence? If the case has real defense issues, maybe the answer is to litigate. Second, if the driver accepts the offer, which plea is available? A guilty plea is an admission that the other driver’s lawyer may try to use. Third, would the court consent to no contest, and does the prosecutor object? If the court won’t, is the driver willing to take the guilty plea, or would they go forward on not guilty?

None of that answers “which is better” in the abstract. It shows why the answer depends on the facts. Our page on careless driving causing injury in auto accident cases walks through how these overlapping criminal and injury issues arise.

How we approach the plea decision

Josh McDowell is a former prosecutor, and he keeps a limited caseload so he can personally handle each case. When a client comes to us with a plea offer, we look at the evidence first and the label second. We want you to understand what you give up, what you receive, and what the realistic alternatives are, in plain language, before you decide.

If you’re facing a charge in Colorado Springs or El Paso County, you can learn about our criminal defense representation or, if your case involves a DUI or DWAI, our DUI defense practice. We can discuss your charge and your options, and you don’t need to have decided anything before you call. If you’d like to talk privately first, see whether we offer confidential online consultations.

No lawyer can promise a result. What we can promise is that you’ll have the facts and a plan before you stand in front of the judge.

FAQ

Is no contest the same as guilty?

For sentencing, yes. The court can impose the same penalties, and the case ends in a conviction. The difference is that a no-contest plea doesn’t expressly admit guilt, which can matter in a related civil case.

Is it better to plead no contest or not guilty?

They do different things. A not-guilty plea keeps the case alive: you stay presumed innocent, and the prosecution must prove guilt beyond a reasonable doubt. A no-contest plea gives up that trial. Which is better depends on the evidence, the offer and your risks, so discuss it with a criminal defense lawyer before the hearing.

Can I choose to plead no contest in Colorado?

Not on your own. Colorado Rule 11 allows nolo contendere only with the court’s consent. Your lawyer should find out in advance whether the prosecutor and judge are likely to agree, and prepare a backup plan if they don’t.

Does a no-contest plea protect me in a civil lawsuit?

Partly. Under the rules of evidence, the plea itself generally can’t be used as an admission against you. But the conviction, the underlying facts, and your testimony can still matter. Have a lawyer check the Colorado rules and statutes that apply to the specific claim.

Is a no-contest plea better for a DUI?

Not as a rule. The label doesn’t remove DUI penalties, license consequences or a record. The sentence and the terms of the agreement matter far more. Ask a Colorado DUI lawyer to review the evidence and the offer together based on your situation.

Sources

Some Additional Reading:

The post No Contest vs. Guilty: What Each Plea Means in Colorado first appeared on McDowell Law Firm.



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Friday, October 16, 2026

Objection Sustained: Lawyers and the Legal Process in the Movies

Order in the Court

I have been a lawyer for more than 20 years. I was a prosecutor before becoming a criminal defense attorney, and I have tried cases in front of juries on both sides of the courtroom.

I can tell you one thing about legal movies right away: none of them are completely accurate. This is probably obvious for a lot of reasons; it’s not “all trials, all day.” The exciting courtroom stuff takes a lot of preparation, and it takes months for a case to make it to that stage.

A realistic movie about being a lawyer would involve a lot of time sitting at a desk. You would watch someone read hundreds of pages of discovery, review police reports, watch body-camera footage, research case law, write motions, answer emails, talk to clients, negotiate with opposing counsel, prepare witnesses, and wait around a courthouse for something to happen.

There is a reason Hollywood skips most of that.

Movies focus on trials because trials are the part of practicing law that already feels dramatic. You have witnesses, cross-examination, objections, exhibits, two competing versions of events, and eventually a verdict.

So, I won’t judge courtroom movies by whether every procedural detail is perfect. That is an impossible standard.

The better question is whether the movie captures what it actually feels like to try a case.

Some do that much better than others.

My Cousin Vinny (1992)

If you ask a room full of trial lawyers for the most realistic courtroom movie, My Cousin Vinny will probably come up quickly.

That is funny considering the movie is a comedy about a murder charge in rural Alabama.

But once Vinny Gambini gets into the courtroom, the movie gives the viewer a good feel of the back-and-forth of cross-examination.

Vinny does not win by giving speeches. He listens carefully to what witnesses claim they saw, figures out where the weaknesses are, and attacks those weaknesses with specific facts.

A witness says he had an unobstructed view. Vinny demonstrates that he did not.

Another witness identifies the defendants from a distance. Vinny challenges whether her eyesight was good enough to make that identification.

Then Mona Lisa Vito’s testimony about tire marks becomes the centerpiece of the defense. The movie shows how an expert can take an apparently small piece of physical evidence and completely change the meaning of the prosecution’s case.

That part feels like trial work.

The movie also gets something else right. Preparation matters more than theatrics.

Of course, plenty is exaggerated. Lying to a judge about your background is a particularly bad career strategy.

But as a movie about cross-examination, expert witnesses, evidence, and developing reasonable doubt, My Cousin Vinny is probably still my favorite.

To Kill a Mockingbird (1962)

Many lawyers will tell you this is the classic standard-bearer by which all legal movies should be judged. To Kill a Mockingbird also gave us one of the most famous fictional lawyers ever put on film.

Gregory Peck’s Atticus Finch represents Tom Robinson, a Black man falsely accused of rape in 1930s Alabama.

The courtroom scenes work because Atticus does something good trial lawyers actually do. He builds his argument piece by piece.

Instead of simply announcing that the accusation makes no sense, he uses the physical evidence and testimony to demonstrate why it makes no sense.

The injuries matter. Which hand the attacker probably used matters. Tom Robinson’s physical limitations matter. Each fact adds another problem to the prosecution’s version of events.

That is much closer to real cross-examination than the television version where an attorney yells one brilliant question and the witness suddenly confesses.

The movie also makes another important point about trials.

You can do everything right and still lose.

Evidence does not enter a courtroom free from human bias. Jurors bring their experiences, assumptions, prejudices, and emotions with them. Lawyers spend an enormous amount of time thinking about that reality.

The closing argument is more polished than almost any real closing argument will ever be, but that is why Gregory Peck won an Oscar.

12 Angry Men (1957)

Most courtroom movies are about lawyers.

12 Angry Men is about what happens after the lawyers sit down.

Almost the entire movie takes place inside a jury room, where one juror begins questioning whether the prosecution has really proven a murder case beyond a reasonable doubt.

It captures something that lawyers can easily forget once the courtroom doors close.

Jurors do not necessarily see the case the way the lawyers see it.

They notice strange details. They misunderstand things. They bring personal experiences into the room. They dislike witnesses. They dislike attorneys. They may focus on something neither side thought was important.

And sometimes one juror changes the entire discussion.

The movie is also a good illustration of reasonable doubt. Juror 8 does not begin by claiming that the defendant is innocent. His position is much narrower. He is not convinced enough to vote guilty.

That distinction matters enormously in a criminal case.

There is also plenty that would be problematic in a real trial. Juror 8 obtains his own switchblade and the jurors conduct informal experiments. Jurors are supposed to decide cases from the evidence presented in court, not conduct their own investigation.

So I would not call 12 Angry Men a realistic guide to jury conduct. Although I will say that after speaking to jurors/juries after the verdict, I am often very confused as to how they reached the verdict they did.

I would call it an excellent movie about how uncertain jury deliberations can be.

Anatomy of a Murder (1959)

Anatomy of a Murder may be one of the best movies ever made about the uncomfortable side of criminal defense.

Jimmy Stewart plays Paul Biegler, a Michigan lawyer defending an Army lieutenant who admits killing a man but claims the victim had raped his wife.

One of the most interesting scenes happens long before the dramatic courtroom moments.

Biegler discusses possible defenses with his client and carefully explains the law. He does not tell the client what to say, but there is an uncomfortable question hanging over the conversation: at what point does explaining the law become coaching the client’s story?

That is a much more interesting legal issue than most Hollywood courtroom tricks.

Real criminal defense involves ethical boundaries. A lawyer has a duty to represent a client aggressively, but the lawyer cannot manufacture testimony or knowingly present false evidence.

The movie understands that tension.

The courtroom scenes are also unusually grounded. There are objections. Evidentiary disputes matter. Lawyers fight over what the jury will be allowed to hear.

That may sound less exciting than a surprise confession.

For trial lawyers, those evidentiary fights can determine the entire case.

A Few Good Men (1992)

A Few Good Men has one of the most famous courtroom scenes in movie history.

It is also a perfect example of the difference between a great courtroom movie and an accurate trial.

Tom Cruise’s character defends two Marines accused in the death of another Marine after a “Code Red.” The case eventually turns on whether Colonel Jessup ordered the punishment.

The final cross-examination is fantastic drama.

It is also the sort of strategy that could get a real lawyer into serious trouble.

Cruise essentially bets the entire case on the theory that he can provoke Jessup into admitting what happened. If Jessup simply denies giving the order and steps off the witness stand, Cruise’s character has a major problem.

That is generally not how good cross-examination works.

A basic rule of cross-examination is that you should be very careful about asking a question when you have no idea what the witness is going to say.

Still, the scene captures something real.

Cross-examination can become a contest over control. The lawyer wants short, specific answers. The witness wants to explain. The lawyer tries to expose inconsistencies while preventing the witness from escaping into a speech.

A Few Good Men takes that dynamic and turns the volume up to 100.

Real lawyers should probably not imitate Cruise’s strategy.

But nearly every trial lawyer understands why the scene is so satisfying. Very Matlock type moment, where the cross-examination is so good, they can’t help but admit their part in the crime.

The Verdict (1982)

Paul Newman plays Frank Galvin, a struggling Boston attorney handling a medical-malpractice case. He has an opportunity to settle but decides to try the case instead.

What follows is messy.

His case has problems. The opposing lawyers have resources. The judge does him no favors. Evidence becomes a fight. His decisions have consequences.

That feels much closer to litigation.

Trials rarely unfold according to a lawyer’s plan. Witnesses say unexpected things. Judges make rulings you disagree with. Evidence you expected to use may never reach the jury.

Good trial lawyers have a plan.

They also need another plan when the first one falls apart.

Anatomy of a Fall (2023)

Anatomy of a Fall is different because it takes place in the French legal system, which operates very differently from an American criminal trial.

Sandra, a novelist, is accused of killing her husband after he falls from their home in the French Alps.

The movie works because the evidence never gives you a clean answer.

You hear competing theories. You learn uncomfortable facts about the marriage. Experts disagree. Statements can be interpreted in several ways.

Eventually you realize that you are doing exactly what a juror has to do.

You were not there.

You have to reconstruct an event from incomplete evidence presented by people who may have different motives and different perspectives.

American courtroom procedure is different from what you see in the film, but the uncertainty feels familiar.

Trials often involve choosing between imperfect explanations.

As far as the quality of the film itself, this is one of the best on the list.

A Civil Action (1998)

If you want a movie that comes closer to showing what litigation actually does to lawyers, watch A Civil Action. The book was required reading in my first year of law school in civil procedure.

John Travolta plays real-life attorney Jan Schlichtmann, whose firm represents families alleging that contaminated water in Woburn, Massachusetts caused serious illnesses. The film was based on Jonathan Harr’s nonfiction book about the litigation.

This movie understands something that most legal movies ignore.

Cases cost money.

Experts cost money. Depositions cost money. Investigation costs money. Preparing exhibits costs money. Lawyers and staff can spend thousands of hours on a case before anyone knows whether there will ever be a recovery.

The movie also understands that cases can turn on procedural and evidentiary decisions that would sound incredibly boring if you tried to explain them in a movie trailer.

That is litigation.

Robert Duvall’s defense attorney is especially good because he does not behave like a Hollywood lawyer. He is patient. He understands procedure. He knows which fights matter.

There are courtroom scenes, but the movie understands that lawsuits are often won or lost through decisions made months or years before anyone gives a closing argument.

What Legal Movies Have to Leave Out

Here is the problem Hollywood faces.

Suppose you wanted to make a completely accurate movie about a criminal case.

Before trial, you might have to show:

The lawyer reading hundreds or thousands of pages of discovery.

Hours of body-camera footage.

Meetings with the client.

Phone calls with witnesses.

Legal research.

Drafting motions.

Responding to motions.

Emails between attorneys.

Plea negotiations.

Court appearances where almost nothing happens.

Continuances.

Expert reports.

More discovery.

More motions.

More waiting.

Then, after months or sometimes years, you might finally get to the trial.

That may be an accurate picture of litigation. Some days at the office can be quite exciting, but there’s also a lot of stuff that wouldn’t make for good cinema.

That is why I give courtroom movies some leeway.

Same with legal TV drama procedurals. We have to get to the interesting stuff quickly. We get to see the case, the trial, and the outcome in a 42-minute episode.

I do not care whether filmmakers compress six months into six days. I do not expect to watch the attorneys draft a 25-page motion to suppress. I certainly do not need a scene showing someone reviewing discovery at 10:30 at night.

The question is what happens once the movie puts the lawyer in front of a witness or jury.

Does the lawyer actually use the evidence?

Does cross-examination have a purpose?

Do objections mean something?

Does the film understand reasonable doubt?

Does the lawyer have to make strategic decisions?

Can things go wrong?

That is where some legal movies separate themselves from the rest.

What Hollywood Usually Gets Wrong

The biggest mistake is the surprise.

A previously unknown witness walks through the courtroom doors.

Someone discovers the decisive piece of evidence halfway through trial.

The prosecutor suddenly produces a photograph nobody has ever seen.

Then a witness breaks down under cross-examination and admits everything.

Those things make great movies because they instantly change the story.

Real trials usually do not work that way.

Modern discovery rules generally require evidence to be disclosed before trial. Attorneys interview witnesses and investigate what they are likely to say. Judges decide many important evidentiary questions before the jury ever enters the courtroom.

Another movie favorite is the brilliant closing argument that wins the case.

Closings matter. I spend a lot of time preparing them.

But by the time closing arguments begin, most of the case has already happened.

The jury has heard the witnesses. They have seen the exhibits. They have watched the attorneys. They have probably started forming opinions.

A closing argument cannot create evidence that never came into the courtroom.

The Verdict

A realistic legal movie that actually entertains is a tough combination.

Most of the work happens away from a jury. It happens in an office, at a computer, on the phone, in conference rooms, and in courtrooms where nothing particularly cinematic occurs.

But if you want to know what trying a case can feel like, there are some very good movies.

My Cousin Vinny may still be the best combination of entertainment and legitimate trial practice. Anatomy of a Murder understands the ethical and strategic decisions criminal lawyers face. 12 Angry Men captures the uncertainty of handing a case to a jury. A Few Good Men exaggerates almost everything about its famous cross-examination, but it captures the battle for control between a lawyer and a difficult witness.

That is probably as much accuracy as we should demand from Hollywood.

Nobody is buying a movie ticket to watch me write a motion.

The post Objection Sustained: Lawyers and the Legal Process in the Movies first appeared on McDowell Law Firm.



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