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October 2016 Archives

Harassment Accusations in the Denver Metropolitan Area Requires the Best Criminal Defense Attorney

Harassment-Accusations.jpgHow Can a Person get Charged with Harassment in Denver?

Harassment, C.R.S. 18-9-111, can be charged when Denver police decide someone was hit, shoved or followed in a public place. Harassment charges can also be filed if someone is yelled at or they emailed obscenities, or if someone is the repeated victim of telephone calls at inconvenient hours which invaded that person's privacy. These are just a few ways a person can be charged with Harassment. To make matters worse, if any of the above mentioned things is directed at someone who is or has been in an intimate relationship with the accused, then a Domestic Violence enhancer is added to the mix, increasing the severity of the charges. As I have written before, I believe Harassment is one of the most overly abused charges in Colorado.

Enticement of a Child in Denver and Arapahoe County, Colorado | Criminal Defense Lawyers Defending Charges of Enticement of a Child

Enticement-Child-Lawyer.jpgIn Denver, Arapahoe County and across Colorado, the definition of Enticement of a Child, C.R.S. 18-3-305, is:

Sexual Assault on a Child in Colorado, C.R.S 18-3-405

Sexual-Assault-on-a-Child.jpgSexual Assault on a Child Charges are on the Rise in Denver

Sexual Assault on a Child (C.R.S. 18-3-405), and numerous other sex crimes involving children appear to be charged more and more frequently in Denver and Adams County Colorado. These kinds of charges seem to be on the rise. After finishing yet another trial involving Sexual Assault on a Child, and listening carefully to the prosecution's case, I am forming a theory as to why it is so easy to get charged with child sex crimes and why it is becoming more likely for people to go to prison for a heinous crime which never happened.

Sexual Exploitation of a Child in Denver - Too Easy to be Charged - C.R.S. 18-6-403

Sexual-Exploitation.jpgSexual Exploitation of a Child - The Deck is Stacked Against You

Sexual Exploitation of a Child, C.R.S. 18-6-403, is a crime that has put many people behind bars who, in my opinion, should not be there. Why do I feel that way? It's because in their zeal to appease the public and appear tough on crime, prosecutors, politicians, and judges are stacking the deck against the accused. They revise laws, bring charges without sufficient evidence, and bend rules in favor of the prosecution. We are told it is up to the prosecution to prove guilt beyond a reasonable doubt. But in reality, if a defendant does not prove his innocence, he or she will certainly be found guilty. We continue to see more new laws and court case rulings which will tighten the screws on the accused.

False Allegations from a Witness - Lying Children and Adults in Denver and Arapahoe County Courts

False-Allegations.jpgMen Falsely Accused in Denver and Arapahoe County Court

A large number of cases we handle each year are from false allegations and a lying witness. In recent years, the number from angry and vindictive teenagers has grown significantly in Arapahoe County. Generally, the false allegations from teens involve a girl wanting to get rid of a new stepfather, foster parent or teacher (the most dangerous profession - not police officers). In other cases the child is in trouble for breaking a rule, and when caught, they divert attention from their conduct by saying something radical like "uncle Bob has been touching me." In most every case, she alleges some type of sexual contact. When relationships break up between men and women, the woman will falsely accuse their ex of sexual contact or domestic violence. Police and Denver district attorneys are willing pawns in cases of false allegations. After all, who wants to look bad not supporting a child "victim". Read more about False Allegations.

Contributing to the Delinquency of a Minor Lawyer in Denver and Jefferson County

Deliquency-Minor.jpgJefferson County Contributing to the Delinquency of a Minor Charges

Be careful when you are around children.  Even an unintentional "assist" to a child in breaking the law - any law - can result in charges of Contributing to the Delinquency of a Minor in Jefferson County, Golden and Arvada.  This occurs because prosecutors and police don't dig deep enough to learn whether what happened was just a coincidence or your plan.  Let's study this problem so you can protect yourself. Read about the most common way adults are charged with Contributing to the Delinquency of a Minor in Colorado.

Habitual Domestic Violence Lawyer in Denver - Felony and Misdemeanor

Domestic Violence in Jefferson County - Turn a Misdemeanor into a Felony with Habitual Charges

Only with the new DUI law have I seen the government able to turn a misdemeanor case into a felony. A new Colorado law now adds another way to take this extreme step. It happens in a very common crime: those involving allegations of Jefferson County domestic violence. Now, a misdemeanor crime can turn into a class 5 felony, where you can face a sentencing range of 1-3 years in prison. Read more below to find out how this can happen.

Summons or Arrest Warrant for Felony in Denver, Colorado - Defense Lawyer Gives Two Thumbs Up!

Denver Summons for Felony Possible Instead of an Arrest Warrant

I always like to talk about it when our legislature gets something right and makes criminal laws more fair and less burdensome. In one of these rare moments, Colorado passed a new law which makes it easier for a police officer or judge to issue a summons, rather than an arrest warrant, when a person is accused of certain felonies. Let's take a look at this new law, which is headed in the right direction.  What is an At Large Warrant vs. State Warrant?

Denver Computer Crime Lawyer - C.R.S. 18-5.5-102

Computer-Crime.jpgAttorney for Jefferson County Colorado Computer Crime Charges, C.R.S. 18-5.5-102

Since banking, financial record keeping, and software are all now completed on the internet, hacking and unauthorized internet access have become common place. In addition, computers are all around us. Even cell phones have been ruled as meeting the definition of a computer. With the prevalence of computers and items which meet the computer definition, a new Colorado law is designed to punish those who access computers without permission. Computer Crime - C.R.S. 18-5.5-102, is that new law.

Denver Use of Deadly Physical Force Against an Intruder - Colorado Make My Day Self Defense - Definition

Self-Defense.jpgSelf Defense of Your Home in Denver, Colorado - Avoid Homicide / Murder Charges

Shooting someone inside your house in Self Defense in Denver is a big decision. Colorado law permits killing someone who comes inside your house who is there illegally and is there to commit a crime, with you in fear for your safety or the safety of another. Just be sure the person is inside your home, that you know they are there to commit a crime or have already, and that you fear for your safety. If all this is true, you should not be charged with Homicide because you acted in self defense.  You really can't use this law when you allow someone to come in, a disagreement develops, and deadly force is used.

Obstruction of Telephone Service in Arapahoe County - A Lawyer's Advice

Attorney for Obstruction of Telephone Service in Douglas County

Colorado law provides that if you interfere with the sending or receiving of a phone call, you can be charged with a misdemeanor crime called Obstruction of Telephone Services. Obstructing a phone call is seen as a big deal because someone might need to call for helt - from you - and you are preventing them from getting help. The alleged victim accusing you does not need to be calling the police. They can be calling anyone and for any purpose. So, if your girlfriend is trying to send a picture of you on the toilet, without your permission, to her girlfriend, and you knock the phone out of her hand, you have just committed a class 1 misdemeanor. Worse yet, it would be a domestic violence in Douglas County. Laws are written way too loose when this and a ton of other conduct like it becomes a crime.

Probation in Arapahoe County and Douglas County - What Terms and Conditions of Probation are Legal?

Probation-Terms-Conditions.jpgProbation Terms and Conditions in Arapahoe County and Douglas County - What is Legal and Illegal?

Sometimes people wonder what an Arapahoe County judge can legally require them to do while on Probation. In reality, the scope of Douglas County probation terms and conditions is quite broad. Sometimes people are surprised. Let's examine the law and figure out what a judge can legally make you do, if you apply for probation in Colorado. Remember, probation is not required. You don't have to take it. Most people consider it a better alternative to jail, so they are glad to comply.

Pretrial Conference in Denver Courts - PTC - What is the Purpose and How do They Work?

Pretrial-Conference-PTC.jpgDenver Courts Pretrial Conference or PTC Lawyer - What Will Happen There?

When you come to court, the judge wants to have you and the District Attorney talk about a possible resolution. They do this because it would be impossible to take every case to trial. There are simply too many charges filed. So, resolving most of the cases by plea agreement is very important. To facilitate this, judges schedule a pretrial conference. The problem is that the DA can use this time to strengthen their case against you if you talk with them.

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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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