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July 2015 Archives

Are Denver Parents of Juveniles Responsible for Their Kids Crimes?

Are parents responsible for the criminal acts of their juvenile children? The short answer is yes. C.R.S. 19-2-919 of the Colorado Children's Code gives authority to judges and magistrates in juvenile courts to impose restitution against parents or guardians in Jefferson and Arapahoe County. The good news for parents of teens is that the amount is capped. The bad news is that the cap is a whopping twenty-five thousand dollars for any one delinquent act! If an Aurora parent has uncontrollable teens in the home, they can create a big unexpected expense.

Minor in Possession of Alcohol - No Minor Offense in Denver - C.R.S. 18-13-122

Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person, C.R.S. 18-13-122, is also known as Minor in Possession of Alcohol, or MIP in Arapahoe and Douglas County, and it can be a serious charge for children or young adults. Although a first time offense is considered a petty offense, young people should be aware that ingesting alcohol and drugs will more likely lead them down a path of further criminal activity. Read about Minor in Possession of Marijuana.

Escape from DOC While Serving an 18 Year Life Sentence

When Serving an Eighteen Year Sentence Becomes a Life Sentence

Today, I read a story about a man in southern Colorado, near Pueblo, who was in the Department of Corrections prison system in Trinidad, serving an 18 year sentence. He had been released with a work crew, when he took off in a DOC dump truck driving through Kansas, where he was arrested three hours later. The man, who is 62 years old, must have considered his "life sentence" when deciding to take off. At the end of his sentence, he would be 80 years old. Although the man did not break out of prison in the traditional sense, he will still be charged with Felony Escape, C.R.S. 18-8-208, a class 3 or 4 felony. His "life sentence" just got longer.

Insanity? Theater Shooting Trial in Aurora and Arapahoe County

We are not too far past the guilt phase of the Aurora theatre shooting trial in Arapahoe County, and the Insanity phase is underway. This made me consider what's next for the jury and their important decision making. Let's take a look at the law on the subject of Insanity and give you the tools to help decide whether this valuable defense is appropriate to use in this murder and homicide case.  Read about the Difference Between Incompetency vs. Insanity.

Colorado Record Sealing - Seal It IF You Can - C.R.S. 24-72-308

Criminal and Arrest Records are Easily Created

If you have a criminal record in Colorado, you should always have it sealed as long as your situation qualifies under the Record Sealing Statute, C.R.S. 24-72-308. Any arrest, whether you are convicted of a crime or not, creates a criminal record. Any court case, even if the charges are unfounded and dismissed, creates another public accessible criminal record. I talk to several shocked people a month who find out that Colorado makes unfounded arrests and unproven criminal charges available to the public. Furthermore, when a person is found not guilty in a Colorado court, the record remains accessible to the public. In Jefferson or Douglas County, or anywhere in Colorado, the burden and the expense to convince a court to seal a criminal record are placed upon the innocent party. You may not like it, but it is the law. Read the basics on Record Sealing.

Public Indecency in Denver, C.R.S. 18-7-301, What You Don't Know Can Hurt You

Public Indecency Does not Always Require Intent

Public Indecency, defined at C.R.S. 18-7-301, is a strict liability crime, which simply means what you don't know can hurt you. Most criminal acts require that the actor knows he is doing the prohibited act. There are some crimes in Jefferson and Arapahoe County which contain elements that do not require a person's knowledge that they are actually committing the offense. A good example of such a crime is Sexual Assault on a Child, C.R.S. 18-3-405. Even if a defendant does not know the teenage girl or boy wasn't old enough for sexual contact, and even if the victim lies about his or her age, if they are not old enough to consent to a sexual relationship, a person can be found guilty of Sexual Assault on a Child.

First Time DUI / DWAI Could be a Denver Felony

Felony DUI Messyness in Colorado

Starting August 5, 2015, Colorado will have a felony DUI-Driving Under the Influence of Alcohol law on the books. While many DUI / DWAI or drinking and driving victims in Adams and Jefferson County are happy, I am concerned that we've given in to the hysteria of the moment and created a law which can get messy. Here is why:

Contributing to the Delinquency of a Minor in Jefferson County - Easy Felony

Most people do not realize how easy it is to get charged with Contributing to the Delinquency of a Minor, C.R.S. 18-6-701, in Denver or Jefferson County. If a person is convicted, he or she will pay for it the rest of their life.

Buying and Selling Firearms in Colorado Just Got Complicated

Everything Colorado lawmakers touch gets complicated.  This is the case with Colorado's private firearms sale law, where buyers and sellers need to go to a professional gun store to complete their "private" pistol, rifle or handgun sale. Read about the details of our new gun law.  Under this law, private sales are now made public.

Dismissal and Modification of Protection / Restraining Orders

If you are a restrained party under a Civil Protection Order (also known as a Restraining Order) in Denver or Adams County, which is currently in effect, you have the opportunity under Colorado law to have it dismissed entirely or modified after 2 years of compliance. C.R.S. 13-14-108. Under Colorado law, restrained persons can petition the Court to modify or dismiss Protection / Restraining Orders. Read Why Courts Give Out So Many Restraining Orders.

Invasion of Privacy for Sexual Gratification vs. Criminal Invasion of Privacy

The Big Picture in a Criminal Lawyer's Work

Our Colorado criminal defense attorneys are always looking at the big picture when evaluating your alleged crimes. One of those crimes is Invasion of Privacy for Sexual Gratification in Arapahoe or Adams County. We know that many men and women are falsely accused as others attempt to get revenge or greatly stretch the truth. Factors we consider in evaluating a criminal case include the strength of the DA's case for jury trial, the bias of witnesses, lesser charges which might make the government happy, lesser charges we can present to your jury, your work requirements with any plea agreement, witnesses for our side of the case and how powerful they can be considering limitations under the Colorado Rules of Evidence, and the strength of the police investigation. An example of a lesser charge, and the tremendous benefit of a lesser offense, is listed below.

Soliciting a Child for Prostitution - Man Accused Wants an Apology

A man in Parker, Colorado, recently requested an apology from Parker Police for releasing his name and photograph to the news media connected to charges of Soliciting a Child for Prostitution. The Parker Police Department said "no". It is interesting that the Parker Police Department felt compelled to contact the news media with the names and pictures of the nine men accused of committing this crime.

Criminal Defense Attorneys & the Danger of Internet Chat Rooms

In the 25 years we've been practicing as Criminal Defense Attorneys in Denver and across Colorado, we have seen a strong upsurge in the number of prosecutions based in internet chat rooms. These prosecutions usually involve men and women arrested for attempted or alleged sexual contact with minors - both in person contact and contact exclusively over the internet.

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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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