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December 2012 Archives

Is Marijuana (Pot) Really Legal in Colorado?

In November, Coloradoans overwhelmingly elected to pass Amendment 64. "[Amendment 64] formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older," the Governor's office wrote in a press release. See our Marijuana Possession page for more details.

Colorado Disorderly Conduct, C.R.S. 18-9-106

Disorderly Conduct, C.R.S. 18-9-106, is a crime that can be occur in many different ways. Whether in Arapahoe, Jefferson, Denver, Adams, or Douglas County, Disorderly Conduct charges can be any one of five different types of law violations. For instance, you could make an offensive statement which is meant to incite an immediate breach of the peace (also called "fighting words"); someone could make an unreasonable amount of noise; the crime also takes place when someone fights with another person in a public place. The final two ways of violating this law are to discharge a firearm in public or to brandish a deadly weapon in a manner that is intended to alarm another person.

Concealed Carry Rights Lost with DUI or DWAI?

Concealed Carry Permits in Colorado

Colorado has a generous Concealed Carry Permit law which enables citizens to possess a firearm in a concealed manner. Yet, the law's authors insist that people with chronic mental health or substance abuse issues, like alcohol or drugs, not obtain a permit.

Concealed Weapons Customers in Colorado, "KEEP OUT"

I recently went into a Micro Center store, and was greeted by a sign at the entrance telling concealed carry customers they were not welcome in the store. I wondered what exposure those with a Concealed Carry Permit have for ignoring the sign and entering while carrying a concealed weapon in Arapahoe, Jefferson or Douglas County, Colorado. Would it be against the law to enter while carrying?

Police Officer Guilty of Kidnapping and Sexual Assault in Denver, C.R.S. 18-3-301, 18-3-402

A police officer in Denver was recently convicted of Kidnapping, C.R.S. 18-3-301 and Sexual Assault, C.R.S. 18-3-402, two serious felonies. The charges resulted from a woman who said that she was arrested by the officer and taken to a secluded place for the sexual assault. The Officer argued to the jury that he took the woman arrestee to the secluded location to try and get information on other crimes (like an informant might do) and that he was not involved in any sexual activity with the woman. The twelve member jury decided the case after deliberations following a two week criminal trial.

Boulder Police Officer Arrested for DUI / DWAI: C.R.S. 42-4-1301

The Boulder Police Officer in charge of enforcing Driving Under the Influence charges (C.R.S. 42-4-1301) was arrested in Thornton for a DUI / DWAI this week. She is the second Boulder police officer to face charges of drunk driving this month. The other officer tried to use his influence as a cop to avoid charges. He was also charged with Prohibited Use of Weapons (C.R.S. 18-12-106) because he possessed a firearm while intoxicated.

Sex Offender Treatment or Just do the Jail in Colorado?

In every sex or non-sex case, the goal of the criminal justice system is to provide justice and make our community safer. Since we cannot put everyone in jail, we have established probation as a means to ensure defendants are safe. In Jefferson, Arapahoe and Douglas County, a primary component of probation is treatment. Alcoholics get alcohol treatment, drug users get drug treatment, domestic violence offenders get DV treatment, mentally ill get mental health treatment, and sex offenders get sex offender treatment. In all cases but one, completion of treatment is ensured since doing treatment is better than jail. Jail is held over a defendant's head as an incentive to do the treatment.

False Reporting to Authorities in Colorado - C.R.S. 18-8-111

There are several ways to be charged with False Reporting to Authorities (Police) in Weld, Jefferson, Broomfield, or Arapahoe County. Knowingly setting off a false fire alarm, calling in a false 911 emergency, or preventing an alarm from sounding in a real emergency are just a few. A person may also be charged with False Reporting by knowingly furnishing false identifying information to law enforcement authorities. This includes a name, address, birth date, social security number, or a driver's license. Pretending to be another person falls squarely within this crime's prohibitions.

Crazy Mandatory Arrest Law - Domestic Violence in Colorado

If the police are called on a Domestic Violence case in Denver, Jefferson and Arapahoe County, someone is going to jail. Colorado has a law which says that arrests are mandatory once the police decide who is at fault. C.R.S. 18-6-803.6. With a profession like police work dominated by men, can you guess who is going to jail in 99% of the cases where a man and woman are fighting?

Colorado Vehicular Assault - C.R.S. 18-3-205

There are two ways Vehicular Assault, C.R.S. 18-3-205, can be charged in Denver, Broomfield, or Weld County. Section (1)(a) of this statute addresses this crime when the defendant was not under the influence of alcohol or drugs. Section (1)(b) addresses the same situation when the operator is under the influence of alcohol or drugs.

Deferred Judgment and Sentencing - C.R.S. 18-1.3-102

Deferred Sentencing (C.S.R. 18-1.3-102), better known as a Deferred Judgment, DJ or DJ&S, is an unusual sentencing option for criminal cases in Denver, Jefferson, Arapahoe or Douglas County. As our experienced criminal defense attorneys begin to understand a case by talking with the client, reading police reports, talking with witnesses, and doing other investigation - sometimes they need to look at other options rather than going to trial. These options might involve plea bargaining with the District Attorney. In each case, however, the final decision on how to plead is made by the client after he or she is fully advised by their lawyer about the risks and benefits of each option.

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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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