Sean Maye

Sean Maye is an attorney in good standing with the CO and FL Bars. He is the CEO/founder of the Maye Law Group LLC, where focuses in criminal law, DUI defense and civil litigation. He has been awarded the distinctions of "Top 40 Under 40" criminal defense attorneys by the National Trial Lawyers Association, as well as a Super Lawyer "Rising Star" by Thomson Reuters.
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Prior to starting The Maye Law Group, Sean was a valued member of the Office of the Colorado State Public Defender as a Senior Deputy Public Defender. He represented indigent clients charged with major felony crimes in the Denver District Court. He has a 100% trial success rate.

Before moving to Colorado, Sean was also a valued civil litigation associate with Isriel Ponzoli P.A. in Miami, FL. His experience in civil practice focused primarily on first-party property insurance disputes and on defense of usury claims for a major global financing corporation. He also practiced DUI and white-collar criminal defense, as well as family law.

Prior to civil practice, Sean began his career as an Assistant Public Defender with the Miami-Dade Public Defender's Office, where, he litigated dozens of cases to trial and conducted over 150 depositions of civilian, law enforcement and expert witnesses - gaining countless favorable outcomes.

Sean graduated from the University of Miami School of Law, where he was nominated and appointed to several academic honor societies and service organizations. He was also the President of OUTLaw, an esteemed member of the Society of Bar and Gavel, and the elected Chief Justice of the Student Body Association's Supreme Court. Based on his varied accomplishments, he was ultimately inducted into "Who's Who in American Law Schools" for 2014.

Sean was also recognized as an advocate of the Innocence Clinic, receiving the C.A.L.I. Award for Excellence i

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Colorado

Colorado Supreme Court

ID Number: 52345

Since 2018

Florida

The Florida Bar

ID Number: 111646

Since 2014

CEO

Maye Law Group LLC

2020 - Current

CEO and founder of the Maye Law Group LLC. Solo-practitioner focusing in criminal law, family law, contract and insurance disputes, probate and civil litigation.

Senior Deputy Public Defender

Colorado State Public Defender

2018 - 2020

Criminal defense attorney with the Colorado State Public Defender, specializing in domestic violence, DUIs and complex felony litigation - including COCCA indictments, sex assault and homicide. Several trials, no losses.

Junior Associate

Isriel Ponzoli PA

2017 - 2018

Civil litigation associate focusing on trial preparation and defense of first-party property insurance disputes, as well as defense of usury claims for major global financing corporation - as well as DUIs, white-collar criminal defense and family law.

Senior Associate Public Defender

Miami-Dade Public Defender

2012 - 2017

Served as first-chair counsel for indigent clients charged with criminal offenses, litigating varying degrees of misdemeanor and felony charges. Represented at all stages of litigation - bond hearings, all pre-trial constitutional, evidentiary and procedural motions, as well as trial and sentencing. Conducted over 150 depositions of law enforcement, civilian and Expert witnesses. Litigated nearly several cases through trial. Skilled in pre-trial negotiation with opposing counsel and courtroom advocacy leading to favorable outcomes.

University of Miami School of Law

J.D. (2014) | Law

2011 - 2014

Honors: Dean's list Society of Bar & Gavel "Who's Who Among Students in American Universities" C.A.L.I. Award for Excellence in Writing & Advocacy 2nd Place Advocate - Natl. Pepperdine University Entertaint Law Competition Quarterfinalist - Univ. of Miami Gaubatz Competition

Activities: SBA Supreme Court (Chief Justice) OUTLaw (President) Charles C. Papy Moot Court Board

Middlebury College

B.A. (2011) | Psychology & Sociology

2007 - 2011

Honors: Dean's list College Scholar

Activities: Division III Track & Field MiddEast Action (President / Co-founder)

State Bar of Colorado  # 52345

Member

Current

State Bar of Florida

Member

Current

Q. When could I be charged for my house fire under CO recklessness law?

January 24, 2023

A: Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to damage or destroy your own property, or to damage or destroy the property of another without that person's consent.

Technically, what you've written here could be grounds for claiming you engaged in reckless arson by leaving several burning candles unattended near open alcohol containers such that a simple cat passing by could spark an apartment-wide fire. The fact that your neighbors' properties were not damaged is not the threshold question, as the statute also applies to damage to your own property in the same way.

Good new is that it would not be a felony, as that only applies to fires that are started intentionally or knowingly na/dor that endanger a physical person, none of which apply to what you've written here. At worst, it is a misdemeanor or petty offense, depending on the value of the damage.

All this said, it is not likely that you would be charged if no one else was harmed, no other person's property was damaged, and the damage was relatively well-contained within an hour. Nevertheless, the statute of limitations could be up to 3 years potentially, so maintain your right to silence for that period of time (or, better yet, forever) when speaking with any person associated with law enforcement. ... Read More

Q. I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

January 24, 2023

A: First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case re-opens and you are back to square one -- making the decision to plea negotiate and/or proceed to Trial.

However, in your case, the question of who is to blame for you not seeing the evidence is a confusing one. On one hand, you write that you didn't see it, but on the other hand you then mention that you saw the videos before Sentencing. This may potentially problematic because you could have, and should have, advised the Court of the issues with not seeing the evidence before the Judge proceeded with the Sentencing. This is especially true if you viewed the videos and learned at that time that you potentially had a viable Motion to Suppress based off illegal search/seizure or Motion to Dismiss based of police planting evidence or witness tampering. Had the judge known, they could have undone the plea at that time.

For the most part, your attorney who defended you at the time would need to confirm whether you the videos or not prior to taking the plea. If they were not given the videos until after you took the plea, you've got an easier time of withdrawing the plea potentially. If the videos had been turned over before you took the plea, but you simply hadn't seen them, then the question is one of whether your lawyer advised you of them or failed to do so, which could potentially open them up to a claim of ineffective assistance of counsel (which may be hard to prove given what you've written here). ... Read More

Q. My judge at court said that I signed an illegal plea and pulled my plea and then charged me on an aggravated level. ??

January 24, 2023

A: In a Rule 11 advisement form (i.e., plea agreement contact), one of several paragraphs that a defendant has to initial is an acknowledgement that the judge does not have to accept the plea agreement if they find that it's not appropriate or illegal. If someone can be subjected to aggravated sentencing but their plea agreement does not contemplate sentencing in an aggravated range, and if the judge does not agree that is an appropriate concession, the judge is technically free to reject the plea agreement and require a plea agreement - provided it's consistent with the the law and circumstances.

In your case, requiring aggravated sentencing is not the judge necessarily changing your charges, so much as it is the judge requiring a sentencing range that theoretically, and legally, applies to your circumstances. For that reason, there are no grounds for dismissal based on what you've written here, and you will either have to re-negotiate with the District Attorney in light of the judge's rejection of your plea agreement or otherwise proceed to Trial. That is a decision you need to make after a long and thoughtful conversation with your lawyer. ... Read More