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July 2016 Archives

Theft in Denver - A Lawyer Shows Many Ways to be Charged, C.R.S. 18-4-401

Theft-Denver.jpgArapahoe County Theft Attorney - Receipt of Stolen Property?

Theft, C.R.S. 18-4-401, is charged in Denver County whenever a person is accused of "obtaining, retaining, or exercising control over anything of value of another without authorization or by threat or deception..." A person can also be charged with Theft in Arapahoe County if that person "receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen. Theft is actually a very broad crime which can range from a petty offense all the way up to a very serious class 2 felony, depending on the value of the item.

Assault in the First Degree, Second Degree and Third Degree - Jefferson County Attorney Explains

Assault Lawyer in Denver - 1st Degree, 2nd Degree and 3rd Degree Assault

Assault--Lawyer.jpgLike many crimes, the more dangerous the conduct, the more serious the penalty. Such is the case with the crime of Assault. The least serious is Assault in the Third Degree, with Assault in the First Degree being the worst. Let's take a look at these crimes individually to make sure you understand their differences. Like any discussion on crimes, never give a statement to police - or you might help them prove a criminal offense against you!

Internet Luring of a Child, C.R.S. 18-3-306, Arapahoe County Lawyer Defending Citizens Across Colorado

Internet-Luring.jpgDefinition of Internet Luring of a Child in Jefferson County and Adams County

The crime of Internet Luring can occur in innocent circumstances.  It is designed to result in a conviction, even though someone does not go and meet a child for sex.  Basically, you just need to talk with someone under 18 years old on a phone or computer about a sexual subject, and then suggest or ask for a meeting for any purpose.  The meeting does not need to be intended for sexual contact.  In almost every prosecution we see, this crime involves police posing as kids in adult chat rooms.  It is one of the closest charges to entrapment.

Revocation of Deferred Judgment or Probation Revocation - Adams Lawyer Explains

Revocation-Deferred-Judgmen.jpgA Deferred Judgment and Probation Can Both be Revoked - An Adams County Attorney Says, "Be Careful"

Deferred judgments are a great resolution of a case if the district attorney had a good case against you. Rather than likely lose at trial, entering into a contract where you agree to terms similar to probation is a no brainer - if you can obey the rules. At the end of a deferred judgment, your case is dismissed and you can have your record sealed - no conviction enters. Similarly, getting a probation sentence beats going to jail, although a permanent conviction enters. However, what occurs when you fail to obey the rules of your deferred judgment or probation? You will face a Petition to Revoke your deferred judgment or probation.

Sexual Assault Rape Shield = Truth Shield in Denver Colorado Courts

Rape-Shield.jpgRape Shield Law in Sexual Assault Cases Prevents the Jury from Knowing the Truth in Jefferson County - Colorado Lawyers Understand

We are inundated with Sexual Assault cases in Jefferson County and other state courts. Men are being accused of sexual assault by teenagers and young women. Whether consensual sex occurred or not doesn't matter. With teens, their boyfriend can be accused if he is more than four years older. With young adult women, charges normally involve alcohol and regrets the next morning. If the woman or teenager has a history of accusing men, Colorado lawmakers have made it easy for District Attorneys to keep that evidence out. After all, we don't want anyone being acquitted, right? Rape Shield and the Presumption of Guilt.

Denver Municipal Court vs. Denver County Court - What's the Difference in Colorado?

Court.jpgColorado Municipal Courts and County Courts are Different

In Colorado, Municipal Courts handle criminal charges which involve violations of city law, also known as the city code. Cities like Lakewood, Littleton, Denver, Arvada, Edgewater, Castle Rock, Aurora and Westminster all have their own courthouses where they have court. Municipal judges hear cases brought by the city attorney's offices. County courts are divided by counties, such as Adams, Jefferson and Arapahoe, and charges are filed by the District Attorney. Here, judges work on alleged violations of state law. Procedures used by the two courts are different as well. Our criminal defense lawyers regularly practice in both courts.

Accessory to a Crime in Arapahoe County - Helping Out Can Prove Costly

Accessory-Crime.jpgAccessory to Crime in Jefferson County, Colorado

Helping out a friend who you know is wanted by police, can result in criminal charges for you.  In Jefferson County, this crime is called Accessory to a Crime.  It can occur with the simplest bit of assistance to a friend in need.

Probation Violation Lawyer & Probation Revocation Attorney in Denver and Jefferson County

Probation-Violation.jpgDenver Probation Violations and Revocation Hearings Attorney - You Could Be Resentenced

When your probation officer alleges that you have not kept the terms and conditions of your probation, you will likely be arrested, forced to post a bond, and be scheduled for a revocation hearing. If you lose the hearing, you will be resented. At this second sentencing, you will face possible prison, Denver County Jail time, a work release sentence, community corrections or reinstatment of probation. Yes, you can be resentenced to probation after it is revoked.  Read how Probation normally works.

Possession of a Weapon by Previous Offender Lawyer - Can a Felon Possess a Gun or Firearm?

Possession-Weapon.jpgPossession of Weapons by Previous Offenders in Arapahoe County, C.R.S. 18-12-108

Following any felony conviction, including conspiracy or attempt to commit any felony, the convicted person can no longer possess a gun or firearm. This includes any juvenile adjudication for a felony. Also, the gun or firearm must meet the definition of C.R.S. 18-1-901(3)(h).  Read more about possible defenses to Possession of Weapons by Previous Offenders charges.

Fireworks and Possession of Explosive or Incendiary Parts Lawyer in Denver, C.R.S. 18-12-109

Fireworks.jpgShould Shooting Off Fireworks be a Crime?

Fireworks on the 4th of July are as American as apple pie. Yet, in an effort to create a perfect world, law makers in Denver and Colorado have outlawed many fireworks like Blackcats, Cherry bombs and M80s. Even bottle rockets are seen as too dangerous or too much fun to have around. The governments's solution? Make them a felony law violation of explosive or incendiary parts laws under C.R.S. 18-12-109.

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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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