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December 2015 Archives

Age of Consent and Sexual Assault - Jefferson County Defense Lawyer - Criminal Attorney for Sexual Assault Charges

One of the most frequent calls we get to our criminal defense law firm involves the question of the Age of Consent (permission for sexual contact of any kind) in Jefferson County. Sexual Assault involving sexual intercourse and sexual touching are always legal when both parties are over 18 and the contact is consensual or by agreement. In fact, for this blog, let's assume the sexual experience is consensual - both sides are ok with the contact. If there is force involved, none of these rules apply. Of course, the exception to the rule that consensual sex is ok, is when the sexual contact is between a child and an adult. Children are unable to give consent to sexual contact with an adult (who is over 4 years older than them). Some people call this Statutory Rape.

Defense Attorney for Criminal Tampering Charges in Douglas and Arapahoe County

District Attorneys in Arapahoe, and Douglas County charge people with the crime of Criminal Tampering all too often. While the criminal act that is outlawed by the statute for First Degree Criminal Tampering, C.R.S. 18-4-505, is pretty clear, the acts that can lead a person to be charged with Second Degree Criminal Tampering (messing with the property of another), C.R.S. 18-4-506, are not easily understood. In fact, the statute does not even define the term "tampering". The punishment associated with these charges can also vary depending on the actual act committed. Fortunately, it is a misdemeanor in all cases.

A Criminal Defense Lawyer's Perspective - How Christmas is Unjust

In over 25 years as a Denver Criminal Defense Lawyer, I've traveled across Colorado to places in the east and west like Yuma and Grand Junction; and the north and south from Fort Collins to Trinidad. Everywhere I go, judges and district attorneys preach the same message. Whether it is a crime of Robbery, Theft or Assault, the message is: Commit the crime, do the time. After all, they say, justice demands a punishment which fits the crime.

Denver Attorney for Posting a Private Image for Harassment Charge | Criminal Defense Lawyers Defending Your Freedom

A relatively new crime is on the books in Denver and Arapahoe County, Colorado. It is called Posting Images for Harassment, and carries the nickname: the Revenge Porn law. Why? Because the law addresses an increasing problem in Colorado where men and women publicize and post a nude or compromising photo of a former lover on-line. Seeking to get back at someone who was once in a loving relationship, the person posts a nude or explicit image of another without their consent. Interestingly, both men and women are accused of Posting a Private Image for Harassment, C.R.S. 18-7-107. Read more about examples of the Revenge Porn law. Here are the details on this new crime.

Plea Bargaining - Denver Criminal Defense Lawyer - Cost vs. Benefit of Admitting Criminal Conduct

I often have men and women call me and tell me they admitted committing a crime to police because they wanted to be honest and do the right thing. While we all admire honest people, are they being smart when they "come clean" and admit they committed a crime? It hurts their opportunity to Plea Bargain. The only advantage I can see is that a defense attorney will be able to tell a judge that their client cooperated with law enforcement. In my opinion, this is a small advantage compared at a high price. Much more is lost in Plea Bargaining, as described below. Here are four important reasons to remain silent.

Denver Contributing to the Delinquency of a Minor Lawyer | The Legal Age Matters in Court

Jefferson County, Colorado Criminal Defense Attorney

It is not an uncommon for underage teens and young adults to get alcohol. Whether they use a fake id or get a legal-aged person to buy it for them, if they want it bad enough, they will find a way. It may not seem like a big deal to give some high school kids a couple beers, but in Denver, Aurora, and all across Colorado, it is a serious felony offense. Just ask a former high school principal who was convicted of Contributing to the Delinquency of a Minor after giving a 17-year-old student alcohol after a school dance. Because this didn't occur in Colorado, the man ended up with a misdemeanor charge, but if it had happened in Jefferson or Denver County, he would have been facing a class 4 felony.

Douglas County Invasion of Privacy for Sexual Gratification Defense Lawyer

I can't tell you how many stories I've read where someone is charged after people spot a hidden camera in a bathroom and call the police. When this happens, it makes it that much easier for prosecutors to charge someone with the harsh sex crime of Invasion of Privacy for Sexual Gratification. In fact, according to a recent news story I read, a 19-year-old was caught after he placed a camera in a kindergarten classroom bathroom. He said he put the camera inside the bathroom to film the bare buttocks of students and adults using the bathroom. When police examined the man's camera, they found videos of four children under five years of age, changing clothes and / or using the toilet. In other videos, similar content was found. There was no mention of any adults being filmed. The man alleged he was filming the students for his own sexual gratification - a necessary element the government must prove. In Denver and Douglas County, the 19-year-old would be charged with Invasion of Privacy for Sexual Gratification.

Reckless Endangerment Lawyer for Denver County Colorado, C.R.S. 18-3-208

I watched a news report this morning where a man drove his car into a grocery store. According to the reporter, the man was on drugs. Miraculously, nobody was hurt in the incident but it made a huge mess and many people were shaken up. I was thinking of the many different charges this man could be facing in Denver County and the first thing that crossed my mind was Reckless Endangerment, C.R.S. 18-3-208. This short statute simply states, "A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment." This man will most likely face other charges, but one of them is likely to be Reckless Endangerment, a class 3 misdemeanor. Read about a real world example of Reckless Endangerment.

Denver Disorderly Conduct Lawyer, C.R.S. 18-9-106 - Denver Criminal Defense Attorneys

Disorderly Conduct Charges - a New Way of Life for Police

Disorderly Conduct, C.R.S. 18-9-106, charges in Douglas County or in Colorado Springs can be very disruptive to your life. This is what 21 high school students from Sierra High School are about to find out. They may not know it now, but I'm certain each student will experience repercussions at some time during their life for their actions. When charged by police, they can have a record for a lifetime. I grew up in a time when it wasn't a matter of if someone would get in trouble for fighting, but when. Parents supported gym teachers, principals, faculty members, and even neighbors to take care of the minor scrapes kids got into. It was practically unheard of to call the police when kids got into fights. Now, that's the norm. Why do we use the government to solve our problems?

Denver Probation Criminal Defense Lawyer: Probation and Parole - What's the Difference?

In many ways Probation is like Parole in Colorado. Both are used as alternatives to housing people in Jefferson or Adams County jails or in Colorado state prisons. Probationers and Parolees are both supervised under the authority of an officer who has the authority to arrest clients who are accused of violating the terms of their agreements. The terms of probation or parole agreements vary depending on the conviction, the level of cooperation from the defendant, the personality of the probation or parole officer, and other variables.

Jury Tampering in Denver Colorado | Court Judge Lacks Understanding of Free Speech - Criminal Defense Lawyers

I never would have thought that giving out fliers to persons entering a court house could be charged as Jury Tampering. But, one judge ordered the man to be arrested on felony charges of jury tampering for handing out a jury information pamphlet. Free Speech rights dictate that the man should not have been charged, but apparently Michigan Judge Peter Jaklevic doesn't understand the concept. And, as a former prosecutor, this judge is doing more than violating free speech rights. He is violating the separation of powers doctrine, where we have division of government. This judge is trying to assume Executive and Legislative Branch powers. The Judicial Branch has limited powers related to trying cases - not prosecuting them. At the direction of Judge Peter Jaklevic, it appears the prosecutor's office failed to maintain their independence and refuse charges. This whole scene smells of a backwoods movie scene. Prosecutors charged the man with Jury Tampering, C.R.S. 18-8-609, a felony in Denver and Jefferson County. Communist dictators have something in common with this county government's employees.

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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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