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September 2013 Archives

Burglary in Colorado - C.R.S. 18-4-202, 203, & 204

When we hear about Burglary in the news, there are underlying issues where the public is unaware. The crime of Burglary has very specific elements which include unlawful entry into a home, business, or a locked structure with the intent to commit a crime. The intended crime may include Theft (C.R.S. 18-4-401), Criminal Mischief (C.R.S. 18-4-501), or any other offense.

Criminal Mischief Attorney / Lawyer in Denver, C.R.S. 18-4-501

Have you ever broken something of someone else in anger or frustration? Have you ever hit your fist through a wall or thrown something during a fight you were having with your spouse? If you have, you could have been charged with Criminal Mischief in Adams, Arapahoe, and Douglas County and you need the help of an experienced criminal defense attorney.

Domestic Violence Denver Essentials, C.R.S. 18-6-800.3

Domestic Violence (DV) is broadly defined across the state of Colorado and doesn't even actually require any act of "violence". While DV generally means "an act or threatened act of violence upon a person with whom the actor has been in an intimate relationship," it also applies to "any other crime against a person, property, or animal against a person with whom the actor has been involved in an intimate relationship." C.R.S. 18-6-800.3. In Boulder, Broomfield and Adams County, the practical affect is that if you are alleged to have committed a crime against a spouse, former spouse, or couple, then that crime will qualify as domestic violence.

Christian Theft Attorney / Lawyer in Denver

As a Christian attorney in the Denver Metro area, we see many cases of Theft (C.R.S. 18-4-401). Some of these are intentional acts of stealing and others are unintentional. How does someone unintentionally shoplift or take something of someone else's without meaning to? Well, have you ever been on the phone while shopping, and you zoned out about what you were doing? Have you ever thought that an item lying next to a dumpster was supposed to be trash? In these instances, a person can unintentionally take an item and be charged with Theft in Adams, Douglas, and Broomfield County.

Second Degree Assault on a Police Officer - Easy to Prove

Be careful in Denver, Jefferson and Adams County. Most any situation where you touch a police officer will be seen as Assault on a Peace Officer, and will require mandatory prison. All that is needed is for a person to intend to prevent an officer from performing a lawful duty, and intentionally causing bodily injury to the officer.

Probation Terms and Revocation Attorney / Lawyer in Denver

People on probation are generally unfamiliar with their rights and should consult an attorney who can assist them with their case. More specifically, people should understand: what are the requirements of being on probation, what authority a particular officer has over a probationer, and what to do if served with a Revocation of Probation Complaint.

Sex Offender Registration / Deregistration in Colorado

Once you have been convicted of a sexual offense in Boulder, Jefferson or Broomfield county, you will be required to register as a sexual offender for years or even possibly for life. If you have been required to register, you know the sex offender registration / deregistration process can be unfair and burdensome. The process requires you register your address with law enforcement and update them if you move. Even if you were innocent of the charge and felt pressured to take a plea bargain to avoid the possibility of a lifetime sentence after trial, the requirement of registration does not go away. The requirement exists even for minor crimes or even if you have already completed the rehabilitation process.

DUI / DWAI Express Consent Attorney / Lawyer in Denver

The DUI / DWAI law of Colorado (C.R.S. 42-4-1301) concerns whether a person is driving under the influence of alcohol or drugs at the time of driving, while the Expressed Consent law (C.R.S. 42-4-1301.1), allocates responsibility to a driver to give a blood or breath sample to an officer prior to first speaking with an attorney in Denver, Arapahoe, and Adams County. In order for you to be licensed by the DMV in Colorado, you must give your consent to give a blood or breath sample if law enforcement say they have probable cause to charge you with DUI / DWAI.

Sex Offender Registration in Colorado - C.R.S. 16-22-103

Colorado law requires sex offenders to register their address, work location, email addresses, and a list of personal information with the local law enforcement where they live. See our Sex Offender Registration page.  Agencies such as the Denver Police Department, Jefferson County Sheriff, and Adam's County Sheriff are required to post some of that information, including a photograph of the offender, on the internet for public access. Why? I believe it's because the average citizen believes what we are told too easily about increased safety. Furthermore, the public likes the idea that sex offenders should be repunished. Our Colorado State Legislature doesn't say they want to dish out more punishment, so they say internet posting of sex offenders information is done for "public safety" reasons.

Lifetime Supervision - Colorado Sex Offender Sentencing Act

The Colorado Lifetime Supervision of Sex Offenders Act which went into effect in 1998, removed much of the discretion judges had in sex offender sentencing for crimes like Sexual Assault, Enticement of a Child, Internet Luring and Sexual Exploitation of a Child.  It also created a way for the Department of Corrections, parole and probation departments to keep sex offenders under supervision for the rest of their lives. DOC now continues housing inmates for failing to complete sex offender treatment, even when treatment was not offered due to overcrowding.

New Record Sealing for Petty and Municipal Convictions

We are thrilled to report that the Colorado legislature has taken a dramatic step in the right direction to remove offenses from the background checks of employers and nosey neighbors in Lakewood, Littleton, Denver, and Arapahoe County. We just wish the record sealing law had gone further. The bottom line of this new law is that if you have been arrested or convicted of a municipal (city court - not county court) offense, or a petty offense (city or county court), then your record may be sealable, even though it is a conviction. See our Municipal and Petty Crimes Sealing web page.

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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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