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October 2013 Archives

Do Clients Want Their Lawyer to Lie?

We are enjoying an ever increasing number of new cases and wonderful clients to work with.  Yet, on occassion, we are terminated from representing a client and the client hires a new lawyer.  That happened recently to our firm, and it caused me to write this blog.  I know why we were terminated, and thinking about it makes me wonder whether I should lie to you.

Dependency and Neglect & Social Services' CYA Policy

Let me cast political correctness aside and maybe burn a bridge or two.  After 22 years of working with Dependency and Neglect cases in Arapahoe, Adams and Jefferson County, I continue to have one principle ingrained in me over and over: Social Services (now called Human Services to improve their image) is NOT most concerned about your children.

Denver Prohibited Use of Weapons, C.R.S. 18-12-106 - Lawyer Help

Prohibited Use of Weapons, C.R.S. 18-12-106, is a crime in Denver, Arapahoe, and Jefferson County which is routinely overcharged and misapplied. Keeping in mind what situations commonly arise when a drunk person has a gun, can protect you from being charged with this crime. Thinking ahead can help you avoid needing the aid of a criminal defense lawyer in Larimer County.

Alcohol and Adults Under 21 Years - C.R.S. 12-47-901

In the past, we've seen men and women charged with a felony in Denver, Jefferson and Arapahoe County after providing minors with alcohol. This felony is called Contributing to the Delinquency of a Minor, C.R.S. 18-6-701, and is related to aiding any child under 18 to break a law. It is also called "Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person", or Minor in Possession (MIP), C.R.S. 18-13-122. Another crime is on the rise: Unlawful Acts related to alcohol.

Unlawful Sexual Contact, C.R.S. 18-3-404, Criminal Attorney / Lawyer

Have you ever slapped a woman's butt or patted a teammate's rear end for a job well done? A simple and meaningless act such as either of these situations could cause you to face criminal charges for Unlawful Sexual Contact. Also referred to as Sexual Assault in the Third Degree, this crime of simply touching another person's behind, breasts, or pubic area is a sexual crime and will be punished through jail time or probation, fines, and sex offender registration.

Vehicular Homicide in Colorado: C.R.S. 18-3-106

If a person operates or drives a vehicle in a reckless manner, and this conduct is the proximate cause of the death of another, such person commits Vehicular Homicide (C.R.S. 18-3-106) in Denver, Adams, Arapahoe, Jefferson and Douglas County, Colorado. If the driver is under the influence of alcohol or another controlled substance at the time of the Vehicular Homicide, it is considered a strict liability crime. In such circumstances, Driving Under the Influence (DUI, C.R.S. 42-4-1301) is a lesser included offense of Vehicular Homicide.

The Denver Jury is Always Watching

Yesterday, I was reminded of how the jury is always watching. I spoke with our office manager who had just completed her jury service on a civil case, related to a car accident. During deliberations, jurors commented on how they had seen the plaintiff (the one asking for money) outside the courtroom during breaks, and that she did not seem to have difficulty walking around. In the courtroom, however, the plaintiff hobbled up to the jury box before her testimony. Their conclusion was that the lady was faking it to some extent, because she over-exaggerated her injury when she knew the jury was watching.

Indecent Exposure Lawyer, C.R.S. 18-7-302, in Denver

Indecent Exposure under Colorado law, is a sexual based offense where either (1) a person exposes his / her genitals in a manner that causes alarm to another or with the intent of sexual gratification of any person or (2) a person performs an act of masturbation where another person views the act, and the act is likely to cause alarm to the other person, C.R.S. 18-7-302. An experienced criminal defense lawyer will help you fight these charges in Arapahoe, Douglas, and Adams County. Remember: a person convicted of Indecent Exposure will be forced to register as a Sex Offender for a minimum of five years following the conclusion of their case. After five years, they can then try to Deregister as a Sex Offender.

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

A Jefferson County man was sentenced on September 3, 2013, for Providing Alcohol to Minors. He dodged the more serious felony of Contributing to the Delinquency of a Minor when he was acquitted of that charge by a jury. He was the third of three people sentenced for providing alcohol at a party where teens were drinking and resulted in a fatal car crash killing two and seriously injuring two others. The other charged adults were convicted of Contributing to the Delinquency of a Minor and Providing Alcohol to Minors. Not only were all three given jail time, several years of probation, and community service, there are many other consequences that the news papers don't talk about.

Menacing Grandmother, C.R.S. 18-3-206

How easy is it to be charged and convicted of Felony Menacing in Colorado? If you ask a certain 76 year old, wheelchair bound, Greeley, Colorado woman, it's very easy. She will be sentenced for Felony Menacing on October 25, 2013, for pointing a pellet gun at kids that were supposedly drawing on her sidewalk with chalk.

What is Harassment in Colorado? - C.R.S. 18-9-111

So what does it mean when someone says they are being Harassed in Colorado (Harassment, C.R.S. 18-9-111)? Our society has changed drastically within my lifetime, in some ways for the better, and in some ways for the worse. One thing I notice today is how people do not try to settle disagreements with each other as well as they used to. Today when there is a disagreement, people are quick to call the police.

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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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