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Colorado Criminal Defense Law Blog

Reckless Driving Lawyer in Jefferson County, Colorado - Bigger Than Careless Driving

Jefferson County Reckless Driving Lawyer

As far as traffic tickets are concerned, not too many rival Reckless Driving in Jefferson County. Careless driving is a similar charge, but not as serious. Let's consider what makes Reckless Driving king among the traffic offenses you and I will commonly encounter. Read about Reckless Driving Lawyer in Denver.

Heat of Passion Criminal Defenses: Lawyer in Arapahoe County

Heat of Passion: Attorneys' Defenses for Criminal Charges in Douglas County, Colorado

Heat of Passion for sentencing is a unique defense in Douglas County courts, which can greatly reduce your potential time to serve in the Colorado Department of Corrections prison. Heat of Passion is similar to an "irresistible impulse," but not one of the affirmative defenses, which can result in a complete win. Let's look at two examples used in Arapahoe County.

Crime of Violence with Mandatory Sentencing in Arapahoe County

Mandatory Sentencing in Douglas County, Colorado, for Crimes of Violence: Attorney's List

Some criminal law crimes in Douglas County are seen as so harmful and violent, that they are classified as Crimes of Violence and require a mandatory sentence to prison. Generally speaking, law makers in Colorado want to be certain offenders go to prison, and have taken discretion away from Arapahoe County judges to give a county jail or probation sentence. Here is the required sentencing under the crime of violence law:

Reckless Endangerment in Summit and Grand County - Colorado Skiing

Definition of Reckless Endangerment in Grand County and Summit County, Colorado

Reckless Endangerment is defined in C.R.S. 18-3-208 as when "a person recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person." It does not matter if someone is actually injured. The reckless behavior alone may result in a class 3 misdemeanor. Every year many people are charged with this offense in Summit and Grand County for skiing or snowboarding out of control, as described in this CBS Denver news story.

Interference with Staff, Faculty or Students of an Educational Facility - Adams County Lawyer

C.R.S. 18-9-109 - Interference with Staff, Faculty, or Students of Educational Institutions

While physical interference with those present at a high school or college would likely qualify for charges of Interference with Staff and Students at an Educational Facility, C.R.S. 18-9-109, threats to cause death or bodily injury are more commonly seen by defense attorneys. In today's viral world of social media, students seeking attention or a good gag, will imply the possibility that they may initiate a Columbine type assault on the school or college. Intent to follow through on the threat is not necessary.

Internet Luring of a Child, C.R.S. 18-3-306, in Metro Denver

Denver Police | Luring People into Internet Luring of a Child

The Colorado Internet Luring of a Child statute, C.R.S. 18-3-306, outlines the rules around which Denver police use to fish for criminals. Sometimes it is difficult to know if a person would have committed the crime if he or she were not presented with a tempting situation by a trained officer. Let's take a look at the elements of Internet Luring of a Child to see what Denver police try to get someone to say or do while executing a sting operation.

Harassment, C.R.S. 18-9-111, Ways to be Charged in Denver Metro

What is Harassment in Denver?

A person commits the crime of Harassment, C.R.S. 18-9-111, in Denver if he or she does any one of the following things with the intent to harass another person: a) strike, shove, kick, or touch another person, b) direct obscene language or an obscene gesture at another person in a public place, c) follows a person in or about a public place, e) intimidate another person via telephone or other electronic means, f) make a phone call or cause a phone to ring with no purpose of legitimate conversation, g) makes repeated communications at inconvenient hours that invade the privacy of another, or h) repeated insults, taunts, challenges or makes communication in offensively coarse language to another in a manner likely to provoke a violent or disorderly response. This is just a summary of this statute, but you can see how this law encompasses almost every situation where a person might outwardly express his or her dissatisfaction with another. That is why it is so easily abused.

Resisting Arrest, C.R.S. 18-8-103 and Presumption of Innocence

Police will Stick Together in Jefferson County

Fighting allegations of Resisting Arrest presents difficulties which most other criminal charges do not. It isn't that there is less evidence to work with or fewer witnesses, it is that this crime always involves a law enforcement officer. I believe police have a very difficult job, but when one of their own accuses a person of Resisting Arrest in Arvada or elsewhere in Jefferson County, it is rare for an officer to not go along with whatever his or her comrade says. When police write reports about Resisting Arrest or Assault on a fellow police officer, C.R.S. 18-3-203 (c): they use the language necessary to fit the elements of the crime. I have read many police reports and most of them have phrases that look like they were copied right out of the Colorado Revised Statutes. And when we compare different police reports, many contain the kind of plagiarism a teacher sees from cheating students. This is why I never take news stories about Resisting Arrest or Assault on a peace officer at face value. Most of these stories are pulled by reporters from police records which are filled with bias.

Minor in Possession of Alcohol (C.R.S. 18-13-122) and Contributing to the Delinquency of a Minor (C.R.S. 18-6-701) in Denver Metro

Minor in Possession of Alcohol and Weed Tourists in Arapahoe County - What are the Risks

Did you know that Minor in Possession of Alcohol (MIP) is also charged when a minor is in possession of marijuana? A popular reason for some people to visit Colorado is to use legalized marijuana; the trouble for some is that they are under 21. What they don't think about is that the risk of getting caught and the legal consequences may actually be higher in Arapahoe or Adams County than in the visitor's home state. If a person under the age of 21 tries to obtain marijuana from a retailer, he or she will need to violate other laws to get it, and that usually involves using an adult. C.R.S 18-18-406 makes it drug felony for an adult to transfer marijuana to a minor. In addition, the adult can also be also be charged with Contributing to the Delinquency of a Minor.

Disorderly Conduct, 18-9-106 - Happens to the Best in Denver Too

What is Disorderly Conduct in Denver County?

Disorderly Conduct is charged in Denver on the rich and poor, young and old. This broadly written law is used frequently when officers feel circumstances are unmanageable. I recently read a story about the 52 year old son of Robert Kennedy who was arrested for Disorderly Conduct for making too much noise at a party. In addition to making too much noise, there are four other ways a person can be charged with Disorderly Conduct, C.R.S. 18-9-106, in Denver or Arapahoe County. They include; making an offensive utterance or gesture, fighting, discharging a firearm in a public place, or by displaying a firearm or deadly weapon to cause alarm.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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