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August 2012 Archives

Criminal Arrest and Court Record Sealing, C.R.S. 24-72-308

Sealing of Arrest and Criminal Records other than convictions (C.R.S. 24-72-308) in Colorado is not automatic! If you were arrested and never convicted of a crime, if your criminal case was dismissed, or if you went to trial in Denver, Arapahoe, Douglas, or Jefferson County and were found not-guilty, you still have a record if it was not sealed. This is also true if you pled guilty to a crime and received a deferred judgment and sentence.  Record sealing is possible in many cases.

Juvenile Adjudication vs. Adult Convictions in Colorado

In Colorado, Adams, Arapahoe and Denver County differentiate between Juvenile Crimes (kids) and adult crimes.  The idea is to rehabilitate juveniles while they are still young and to give kids a second chance.  Juveniles face adjudications for crimes like Theft, C.R.S. 18-4-401 and Burglary, C.R.S. 18-4-402, while adults face convictions for the identical conduct.  There are important differences - most notably is the permanent criminal record if you are convicted of a crime.

Crocs Founder Charged DUI / DWAI in Boulder: C.R.S. 42-4-1301

One of the co-founders of the Boulder, Colorado based company, Crocs, was arrested on suspicion of Driving Under the Influence of Alcohol (DUI / DWAI, C.R.S. 42-4-1301). He was approached by police after a witness found him passed out behind the wheel of his car. He was allegedly uncooperative with police, and refused to perform roadside maneuvers (which, incidentally, the law defines as voluntary). He told Boulder law enforcement that he was just taking a nap in his car.

Greeley - Weld County Sexual Assault on a Child: C.R.S. 18-3-405

One current and one former teacher from Greeley, Colorado's Northridge High School (in Weld County) have been accused of sexually assaulting teenage students (C.R.S. 18-3-405). The first, a Spanish teacher in the Greeley-Evans District 6 school, is facing two charges of sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3), for allegedly assaulting a teenage boy who was under her guardianship. The other, who is now a teacher in Florida, was a language arts teacher in Greeley for two years, and has been charged in Florida with sexually assaulting a teenage boy in a closet, and of possessing and distributing child pornography (Sexual Exploitation of a Child, C.R.S. 18-6-403).

Trespassing, C.R.S. 18-4-502, 503, 504

Walking into the wrong house can result in being charged with First Degree Criminal Trespass (C.R.S. 18-4-502) in Douglas, Adams and Larimer County. In May of this year, Denverpost.com published an article from the Boulder Daily Camera, about a 21 year old University of Colorado woman who accidentally walked into the wrong house in Boulder County. Her blood alcohol level was 0.2, and it is doubtful she was thinking clearly enough to respond to the home owner, who had a gun and lawfully shot her. Now, she must recover from her serious wounds, and is also facing a Boulder County Class 4 Felony Trespassing charge.

Government Fear Feeds Colorado Domestic Violence, C.R.S. 18-6-800

Legislators, Police, District Attorneys and Judges are scared of one thing: public criticism. They fear they will make a mistake and their "mistake" will be publicized and they will lose their jobs. Domestic Violence (C.R.S. 18-6-800) laws in Adams, Jefferson and Denver County, Colorado have been written to protect government workers from criticism. Even non-violent acts are criminalized. If harsh and unreasonable treatment conditions are required of a person from a fight with their loved one, how can anyone criticize the government worker if the convicted person reoffends? Yet, if the convicted person is given a break, and they reoffend, criticism will fly fast and furious.

Department of Motor Vehicles & a Drivers License in Colorado

The Colorado Department of Motor Vehicles (DMV) has been given the responsibility to ensure that drivers in Arapahoe, Douglas and Weld County, Colorado are safe to be on the road. Believe it or not, there are some people who can't figure out how to drive safely - and they need to be kept off the road.

Arapahoe County Domestic Violence Man Running: C.R.S. 18-6-801

The Arapahoe County Sheriff's Office is on the hunt for a Domestic Violence (C.R.S. 18-6-801) suspect who fled the scene of his arrest. Deputies continue to search East Denver and Aurora for this man, and are using a police dog to track his trail. It is unclear at this time as to what underlying charges he is facing, but domestic violence is a sentencing enhancer that is often paired with charges such as Assault (C.R.S. 18-3-202), Harassment C.R.S. 18-9-111) and Criminal Mischief (C.R.S. 18-4-501). He will also likely be facing a charge of Resisting Arrest (C.R.S. 18-8-103).

Can You Carry a Concealed Weapon (Gun)? C.R.S. 18-12-105

With the recent Aurora, Colorado (Arapahoe County) tragedy, people are thinking of ways to legally protect themselves from the violence of others. One common idea to defend oneself is to have a Concealed Weapon, C.R.S. 18-12-105, in the event you must turn to it as a last resort. A firearm provides deadly force against someone bigger and stronger than you. Guns have been promoted as the great equalizer which protects the elderly and women, who might not be as physically strong as their attacker.

When is Indecent Exposure Truly Indecent? C.R.S. 18-7-302

With the warm summer weather, the line between cool clothing and unlawful sexual exposure becomes more difficult to define in Denver, Jefferson and Arapahoe County. Indecent Exposure occurs when a person knowingly exposes their genitals in a manner where it is likely to cause affront or alarm to another and with the intent to arouse or satisfy the sexual desire of any person, or 2) knowingly masturbates in a manner which exposes the act to another when likely to cause affront or alarm. C.R.S. 18-7-302. This crime is a sexual offense and is a class 1 misdemeanor. If a person has two prior convictions for Indecent Exposure in Douglas or Adams County, the third will amount to a class 6 felony. When a crime is a sexual offense, upon conviction the defendant must register as a sex offender and complete sex offender treatment under the Colorado Sex Offender Management Board, "SOMB".

Evans Juveniles - Eluding and Drive By Shooting: C.R.S. 18-9-116.5

Three juveniles from Evans, Colorado are in the custody of the Evans Police after allegedly participating in a drive-by shooting that injured two, leading to a police chase in Greeley (Eluding: C.R.S. 18-9-116.5). While the three boys remain in custody, it is unclear at this time what charges they will be facing. Possible charges could include Attempted Murder (C.R.S. 18-3-103), First Degree Assault (C.R.S. 18-3-202), and Vehicular Eluding (C.R.S. 18-9-116.5).

Contributing to the Delinquency of a Minor, C.R.S. 18-6-701

A Fort Lupton mom who provided alcohol to dozens of minors during a party at her home will spend three years on probation in Weld County, Colorado, for Contributing to the Delinquency of a Minor (C.R.S. 18-6-701) and Providing Alcohol to Minors (C.R.S. 12-47-901). This mother pleaded guilty to both charges and was sentenced in Weld County District Court this week. In addition to the probation, she will complete 180 hours of community service and extensive parenting classes.

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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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