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June 2012 Archives

Colorado's DUI / DWAI Crackdown, C.R.S. 42-4-1301

Colorado sheriff deputies, police, and State Patrol are cracking down on drivers all over the state, including those in Arapahoe, Denver, and Adams County, who are driving under the influence of alcohol or drugs (C.R.S. 42-4-1301). The "100 Days of Heat" start every year during Memorial Day weekend, and last throughout the summer months, which is the peak DUI / DWAI season in Colorado. Police departments throughout Colorado and the Colorado State Patrol reported that they arrested more that 2,600 Colorado drivers for driving under the influence (DUI) or driving while ability impaired (DWAI) during the summer of 2011. The heightened law enforcement effort includes sobriety checkpoints throughout Colorado roads and highways.

Arson Fires in Colorado? C.R.S. 18-4-101

With the fires raging in Colorado Springs (El Paso County), Fort Collins (Larimer County) and now Boulder (Boulder County), I can't help but think some of these fires may be caused by Arson, C.R.S. 18-4-101. Arson in Colorado generally involves the knowing or reckless starting of a fire.

Brighton Mother/Daughter Charged in Scam: Forgery, C.R.S. 18-5-102

Denver Theft Attorney

A Brighton Mother/Daughter pair has been indicted by a Colorado Grand Jury for Forgery (C.R.S. 18-5-102) and Theft (C.R.S. 18-4-401), along with Racketeering and Money Laundering, after being accused of stealing over $1 million from women in partnership with a Nigerian internet romance scam. They allegedly posed as male soldiers stationed in Afghanistan, and started online romances through dating sites. At some point during the online romance, these fake soldiers would ask women for money so that they could visit her. Once the women sent the "soldier" money, the mother and daughter would take a 10 percent cut and send the remainder to the ring leaders in Nigeria.

CU Buffalo Sentenced for Indecent Exposure: C.R.S. 18-7-302

Denver Indecent Exposure Lawyer

A former University of Colorado football player was sentenced to five years probation after pleading guilty to a misdemeanor count of Indecent Exposure (C.R.S. 18-7-302). In addition to probation, he will have to register as a sex offender in Boulder County. The former Buffalo was charged after he entered a women's restroom in a CU dormitory and exposed himself to a naked woman who was taking a shower.

DUI Drivers' Required Sex Offender Treatment, C.R.S. 16-11.7-102

Denver Criminal Defense Attorney | Sexual Offenses

Just when you thought the Colorado government couldn't be more irrational, a crazy law too strange to imagine, is now in effect in Colorado. Probably encouraged by the Colorado sex offender treatment industry for more business, men and women convicted of ANY crime (including Possession of Marijuana - C.R.S. 18-18-406, check fraud - C.R.S. 18-5-205, Disorderly Conduct - C.R.S. 18-9-106, and Shoplifting - C.R.S. 18-4-401) must take a sex offender offense specific evaluation, and then do all the recommended treatment, if that person has ever, in any city or state, been convicted of a sex offense.

Affirmative Defense for Killing Sexual Assault Abuser?: C.R.S. 18-1-704

Denver Murder Attorney

In Denver, Jefferson, and Adams County, Colorado, an affirmative defense such as Self Defense or Defense of Another Person (C.R.S. 18-1-704) can completely negate any criminal liability when a person is accused of a crime. Recently, a Texas man discovered a family friend sexually assaulting his 4-year-old daughter, and punched him in the head repeatedly, causing his death. Even though the sheriff investigating the incident said that he believed the father had a right to defend his daughter, there will still be an investigation into this man's actions, and the sheriff will submit his findings to the district attorney for presentment to the grand jury, which will make a decision whether to charge the father with Murder / Homicide or manslaughter.

Shoe Camera Peeper Sentenced: Unlawful Sexual Contact, C.R.S. 18-3-404

Denver Unlawful Sexaul Contact Lawyer

A Grand Junction, Colorado man was sentenced to two years in the Mesa County Jail after pleading guilty to Unlawful Sexual Contact (C.R.S. 18-3-404) for using a shoe camera to look up women's skirts. The Mesa County Court Judge expressed his displeasure that he was unable to impose a more serious sentence in the Department of Corrections or impose a lifetime of sex-offender supervision for the defendant, since he pleaded to a misdemeanor.

How to Choose a Denver Criminal Defense Lawyer

Denver Criminal Defense Attorney | Knowledge is Key

Lawyers go to law school and learn only an overview of our country's legal system. We learn an overview of subject areas (wills, contract, real estate, criminal and bankruptcy, for example), but not depth in any one area. It is helpful to find someone who practices in your one area of law, because they have specialized. With experience comes expertise.

Sexual Exploitation of a Child / Child Pornography Debate: C.R.S. 18-6-403

Denver Sexual Exploitation of a Child Lawyer

U.S. Representative Doug Lamborn, of Colorado Springs, recently accused an activist of possessing child pornography and subjected her to hours of police questioning regarding the Sexual Exploitation of a Child / Child Pornography.(C.R.S. 18-6-403). The activist was testifying in the House that mining in West Virginia is polluting the water supply, and she brought a professional picture of a child bathing in the rusty water as proof of the environmental impact. Representative Lamborn believed the picture was obscene material exploiting the child, and refused to look at the photograph. Should a child bathing be viewed as illegal child pornography? This situation illustrates the difficulty people have in determining what is legal child nudity vs. Colorado illegal child pornography.

Colorado Tightens Retail Theft Laws: C.R.S. 18-4-417

Devner Organized Retail Theft Lawyer 

A new Colorado law is targeting an increase in what authorities call "organized retail theft" by enacting amendments to Colorado's Theft Detection Devices (C.R.S. 18-4-417) and False Reporting (C.R.S. 18-8-111) statutes. The new laws, now enacted in all Colorado jurisdictions including Denver, Adams, and Arapahoe County, will make the penalties harsher for triggering false alarms at retail stores in order to cause a diversion for the commission of Theft, or for tampering with any theft detection devices used by Colorado retailers.

Alcohol Dependent Criminal Defense Lawyers

Denver Criminal Defense Attorney and Alcohol

We are hooked, there is no denying it. At some point my personal dependence was 75% of the time. Other lawyers I've talked to agree that attorneys could not make it without alcohol. You see, our income is based on people in trouble and people who drink get in trouble a lot.

Colorado Springs, El Paso County Teen Assaults Police: C.R.S. 18-3-203

Denver Second Degree Assault Attorney

A Colorado Springs and El Paso County Teen has been charged with Second-Degree Assault (C.R.S. 18-3-203) after slapping a Colorado Springs Police Officer investigating an alcohol related traffic accident. After the accident, the two young women involved were fighting and the officer intervened to break it up, when slapped. It is unclear whether the initial slap was intentional or inadvertent during the fight, but the young women also allegedly kicked another officer in the leg when she was taken to the police station. The teen was arrested for second-degree assault on a peace officer and Underage Drinking (C.R.S. 18-13-122), while the other woman involved was charged with DUI (C.R.S. 42-4-1301) and other traffic violations.

Colorado Deputy District Attorneys (DAs) Can Get Their Feelings Hurt

Denver Sexual Assault on a Child Attorney

I recently defended a client from a Sexual Assault on a Child case, C.R.S. 18-3-405, where we won hands down.  The jury took under 30 minutes to decide the acquittal and the case was dismissed after the verdict was read.  As we almost always do, we then filed a Petition to Seal the Arrest and Criminal Record under C.R.S. 24-72-308, in Denver, Adams, Arapahoe and Douglas County. We never get an objection by the DA, yet in this case we did.  Someone's feelings were hurt.

Denver Firearms - Handgun Possession Under 21, C.R.S. 18-12-108.5

Adams County Handgun Rights

Juveniles in Colorado clearly cannot possess a handgun, except in limited circumstances.  C.R.S. 18-12-108.5, Possession of Handguns by Juveniles.  Yet, I am frequently asked the question of whether a person who is at least 18, but under 21, can possess a handgun in Denver, Arapahoe, Jefferson or Douglas County. The question is generally based from the federal law which prohibits Federal Firearms Licensed (FFL) dealers from selling handguns or handgun ammuntion to persons under 21.

Garfield County - Domestic Violence Immigration to ICE: C.R.S. 18-6-801

Denver Immigration Domestic Violence Attorney

The Sheriff's Office in Garfield County Colorado (which along with Pitkin and Rio Blanco County makes up the 9th Judicial District) has been reprimanded by the American Civil Liberties Union (ACLU) for turning people involved in Domestic Violence (C.R.S. 18-6-801) allegations over to federal immigration authorities. The Colorado legislature passed Senate Bill-90 in 2006, which mandates state law enforcement cooperation with Immigration and Customs Enforcement officials. However, the bill specifically made an exception for those involved in domestic violence ("DV") related charges like Assault in the Third Degree, C.R.S. 18-3-204, and does not allow them to be turned over to ICE until after they have actually been convicted.

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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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