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May 2012 Archives

Woman Gets 20 Years in Domestic Violence Dispute: C.R.S. 18-6-801

Denver Domestic Violence Attorney

In a gross miscarriage of justice, a Florida woman without a criminal record was sentenced to 20 years in prison for firing a gun at a wall during a Domestic Violence dispute where she believed her life to be in danger. This case comes as one of the first challenges to Florida's hotly-disputed "Stand Your Ground" Law, as this woman raised a self-defense claim under this law and it was rejected by a judge. Additionally, this case illustrates the rigidity of Florida's mandatory sentencing structure, which gives judges no discretion in the amount of time they give people convicted of certain gun-related crimes. While Colorado jurisdictions such as Adams and Denver County do not have such a rigid mandatory minimum sentence structure, this case exemplifies a few pitfalls that are common to all criminal cases, including those in Colorado.

"Birdman" - Internet Sexual Exploitation of a Child: C.R.S. 18-3-405.4

Denver Child Pornography Lawyer

Denver Nuggets basketball star, Chris "Birdman" Andersen, is being investigated by Douglas County Colorado Sherriff's Internet Crimes Against Children unit. While Andersen has not yet been arrested or charged with any crimes, his computers have been seized from his Larkspur home by the government in order to look for evidence of undisclosed internet crimes against children, including Child Pornography. In Douglas, Arapahoe, Denver, and Weld County, those crimes could include Internet Sexual Exploitation of a Child (C.R.S. 18-3-405.4), Internet Luring of a Child (C.R.S. 18-3-306), and Enticement of a Child (C.R.S. 18-3-305).

Mistrial in Denver Bronco's DUI / DWAI Trial: DUI, C.R.S. 42-4-1301

Denver Driving Under the Influence Attorney - DUI Trial

A Denver County Judge declared a mistrial in D.J. William's Driving Under the Influence of Alcohol "DUI" (C.R.S. 42-4-1301) case due to an error with the selection of the jury. Defense counsel was granted the mistrial after the judge allowed him only two out of three juror challenges in the DUI / DWAI trial. A new trial has been set for the month of August.

Gun Discharges, Manslaughter Charges, Colorado Springs Man: C.R.S. 18-3-104

Denver Manslaughter Attorney

A Colorado Springs man has been charged with Manslaughter (C.R.S. 18-3-104) and Second-degree assault (C.R.S. 18-3-203), after the gun he was handling discharged and killed his friend. The two men were looking at guns together while in a home when the gun discharged, and the friend died in an El Paso County Hospital a few hours later. In Denver, Weld, Adams, and Arapahoe County Colorado, manslaughter is a class 4 felony and requires proof that a person recklessly caused the death of another person.

Rock Robbery - Colorado Springs Police & El Paso Sheriff: C.R.S. 18-4-301

Denver Robbery Attorney

Colorado Springs Police in El Paso County, Colorado are on the hunt for a man accused of throwing a rock at a liquor store clerk during an attempted Robbery (C.R.S 18-4-301) and later robbing two people at knife point. Eye witnesses saw the man walk into the liquor store and demand money while threatening employees with the rock. He allegedly threw the rock at one employee (Assault in the Second Degree, C.R.S. 18-3-203) and tried to hit another, but ran away without any money when one of the employees defended himself with a stool. In Douglas, Arapahoe, and Denver County, robbery is a class 4 felony. However, if the robbery is committed with the use of a deadly weapon with the intent to use it if resisted, or results in injury, it is considered Aggravated Robbery (C.R.S. 18-4-302) in Colorado, and is a class 3 felony.

Basalt Boys Charged in Homicide-Murder Conspiracy: C.R.S. 18-2-201

Denver Conspiracy Attorney

The 5th Judicial District Attorney's office (comprised of Eagle, Lake, Summit, and Clear Creek County) wants two Basalt, Colorado boys to be tried as adults. The 15 and 17 year-old boys are facing charges for conspiracy to commit Homicide - Murder (C.R.S. 18-3-102) and Kidnapping (C.R.S. 18-3-301) another juvenile. The District Attorney will ask the court to move the case from Juvenile court to District Court. The boys allegedly planned to lure another boy into a park, beat him with baseball bats, tie him up, and drag him into the woods to let him starve to death.

Boulder, Colorado Woman Assault With Steak Knife: C.R.S. 18-3-202

Denver First Degree Assault Attorney

A Boulder woman has been accused of first-degree assault, C.R.S. 18-3-202, and second-degree assault, C.R.S. 18-3-203, after allegedly trying to stab her boyfriend with a steak knife in a Domestic Violence argument. In Adams, Douglas, and Jefferson County Colorado, the difference between first and second-degree assault depends on a few different factors including: 1) the level of injury and 2) the mental state of the person who commits the assault. For example, first-degree assault requires the infliction of serious bodily injury by use of a deadly weapon with intent to inflict serious bodily injury, or the infliction of serious bodily injury caused by extreme indifference to the value of human life.

Colorado Couple's Theft Charges at Restaurant: Theft, C.R.S. 18-4-401

Denver Theft Attorney

An elderly Colorado couple is facing Theft charges (C.R.S. 18-4-401) for refusing to pay their bill at the Westminster Outback Steakhouse. The couple claims that they got food poisoning from their meal and that the manager said he would take care of the bill. The manager claims that he offered them a discounted meal, but never said that he would give them a free meal. Theft (C.R.S. 18-4-401) in Denver, Douglas, and Adams County Colorado is a class 2 misdemeanor, if the value of the property is less than $500, and a class 1 misdemeanor if the value of the property is between $500 and $999. If the property has value of greater than $1000, a person accused of the crime can be charged with a felony.

Colorado DNA Re-Test Exonerates Innocent Man

Denver Criminal Defense Attorney: DNA Tests

The Justice Review Project, newly created by the Colorado Attorney General's Office, exonerated a Colorado man convicted and sentenced to life in 1996 for a Sexual Assault and Murder he did not commit. As the public has been made aware of the inaccuracies of DNA testing in its infancy, prosecutors all over the country have begun re-testing DNA used in older cases. The wrongfully accused man was living in the town of Palisade (Mesa County), near the victim at the time. The man now accused of committing the crime is already serving a life sentence for the rape and murder of a Fort Collins woman.

Colorado Man Accused - Hit and Run / Vehicular Homicide: C.R.S. 18-3-106

Denver Hit and Run Attorney

A Colorado Springs man was arrested in connection with the hit and run death of a 14 year old, and although it is unclear at this point what charges he faces, it is likely to be Vehicular Homicide (C.R.S. 18-3-106) or Hit and Run Involving Death (C.R.S. 42-4-1601 (1.5) (c)). In Douglas, Arapahoe, and Denver County, Vehicular Homicide requires proof of reckless driving that was the cause of death, while conviction for a Hit and Run Involving Death just requires an accident resulting in death where the driver left the scene of the accident.

Sexual Assault on a Child and Incest in Carbondale, C.R.S. 18-3-405

Denver Sexual Assault Lawyer 

An elderly author, psychotherapist and former Ivy League professor in Carbondale, Colorado, has been accused of Sexual Assault on Child by One in a Position of Trust (C.R.S. 18-3-405.3) and Incest (C.R.S. 18-6-301) by authorities in Chaffee County Colorado. Chaffee County is in the same judicial district as Park County, Fremont County and Custer County, where Sex Assault on a Child is either a class 3 or class 4 felony, depending on the age of the child and other aggravating factors, such as the issue of being in a position of trust or number of incidents. Incest is a class 4 felony.

Mandatory Reporters, Child Abuse & Neglect in Colorado: C.R.S. 19-3-304

Denver Failure to Report Child Abuse Lawyer: Mandatory Reporters

Certain professions in Colorado must report any Child Abuse (C.R.S. 18-6-401) they have reasonable cause to know about (C.R.S. 19-3-304). This would include any reasonable cause to know of Sexual Assault on a Child (18-3-405) or Sexual Exploitation of a Child (18-6-403) in Denver, Douglas, Adams, Arapahoe or Jefferson County Colorado.

Colorado Lab Error - DUI / DWAI Blood Samples: C.R.S. 42-4-1301

Denver DUI Attorney: Retesting Blood Samples

A Colorado state lab will be retesting 1,700 DUI / DWAI (C.R.S. 42-4-1301) blood samples because a lab analyst botched the testing of samples between October 2011 and March 2012. These samples are relied upon by prosecutors in Adams, Weld, and Arapahoe County in determining the Blood Alcohol Content (B.A.C.) of those accused of Driving Under the Influence of Alcohol.

Glenwood Springs Rally Against Woman's Immigration Deportation

Denver Immigration and Criminal Records 

IMMIGRATION - Glenwood Springs locals staged a rally in order to protest the deportation of a Basalt woman who has lived in Colorado for 21 years, and is a married mother of two sons. Glenwood Springs and Basalt are part of the 9th Judicial District in Colorado, which is comprised of Garfield, Pitkin, and Rio Blanco County. Immigration and Customs Enforcement (I.C.E.) officials requested an order of deportation and the order was upheld by an immigration judge in 2008 after the woman was convicted in Garfield County Court of providing False Information to Authorities (a misdemeanor) in order to obtain a state ID card (C.R.S. 18-8-111). Her attorney recently filed for a stay of deportation and is asking I.C.E. officials to reconsider the order, citing the fact that she has a reputation in the community as an upstanding citizen, and her eldest son (a natural born U.S. Citizen) has just received a scholarship to a prestigious University.

Woman Fires Gun in Longmont Bar: Felony Menacing, C.R.S. 18-3-206

Longmont Felony Menacing Lawyer

A Greeley, Colorado woman is wanted on Felony Menacing (C.R.S. 18-3-206), Reckless Endangerment (C.R.S. 18-3-208), and Illegal Discharge of a Firearm (C.R.S. 18-12-107.5) charges by Longmont police after firing a gun in a local bar. The woman, now believed somewhere in Greeley, is accused of firing a gun at bar customers during a fight with her boyfriend.

"Fast-Track" to a Domestic Violence Conviction: C.R.S. 18-6-800.3

Denver Domestic Violence Attorney 

The "Fast-Track" Domestic Violence ("DV") programs implemented by Colorado counties like Adams, Jefferson, and Arapahoe County are used by District Attorneys' offices to scare and bully people into domestic violence convictions (C.R.S. 18-6-800.3). Because of Colorado's Mandatory Arrest Law (C.R.S. 18-6-803.6), if the police have probable cause to believe domestic violence has occurred, they must arrest the alleged offender. The accused will spend (at least) one night in jail before appearing before the magistrate or judge the following day. At that time, the magistrate will issue a mandatory restraining order against the accused and will advise them that they are to appear in court for arraignment that same day.

Boulder Student Gets 2 Years in Police Third Degree Assault, C.R.S. 18-3-204

Boulder Third Degree Assault Attorney

A Boulder County judge sentenced a University of Colorado at Boulder student to 2 years and one day in jail after the student plead guilty to Assault in the Third Degree (C.R.S. 18-3-204). The student assaulted a police officer after refusing to pay his bar tab in a Boulder bar. Incidentally, this same Boulder police officer is now facing charges for the alleged attempted murder, stalking and harassment of his ex-girlfriend.

Colorado Trooper Arrested for DUI: C.R.S. 42-4-1301

Denver Driving Under the Influence Attorney

A Colorado State Trooper was recently arrested for DUI / DWAI, Driving Under the Influence of Alcohol (C.R.S. 42-4-1301) while on-duty in Douglas County, Colorado. The officer was charged with a DUI after drivers witnessed him driving irregularly near Castle Rock and called 911. He is claiming that he suffers from Post-Traumatic Stress Disorder related to his job. Ironically, one of the primary purposes of the Colorado State Patrol, throughout every Colorado county including Arapahoe, Adams, Weld, and Jefferson County, is to observe drivers for signs of drunk driving.

Greeley Mother and Daughter Charged with Prostitution: C.R.S. 18-7-201

Prostitution Defense Attorney in Denver

Greeley police arrested and charged a mother and daughter with prostitution after allegations that they were working as prostitutes out of their home in Weld County, Colorado. Following an undercover investigation, police charged the 25-year-old daughter with promoting sexual immorality (C.R.S. 18-7-207), keeping a place of prostitution (C.R.S. 18-7-204), and charged her mother with Prostitution (C.R.S. 18-7-201). Both mother and daughter were accused of child abuse (C.R.S. 18-6-401), because there was a child in the living room when the Greeley Police arrived at the apartment. I can't imagine how that constitutes child abuse.

Denver Police Officer Arrested - Domestic Violence: C.R.S. 18-6-800.3

Denver Domestic Violence Attorney

A Denver police officer was recently arrested for Domestic Violence (C.R.S. 18-6-800.3) after his girlfriend accused him of pulling her hair out and punching her in the ribs. The Adams County Colorado Sheriff's Office cited the officer for domestic violence ("DV") related charges including third degree assault (C.R.S. 18-3-204). The officer claimed that his girlfriend instigated the altercation when she threw a Barbie-sized Justin Bieber doll at his foot. A Denver police spokesperson said that the officer had been relegated to desk duty because he cannot carry a gun while he is under the restraining order issued in connection with the DV charges. We commend the Adams County Sheriff for holding a fellow officer of the law accountable to the same standard they hold the rest of us. Unfortunately, that is not usually the case with law enforcement.

Moffat County Colorado Bus Crash - Careless Driving, C.R.S. 42-4-1402

Denver Careless Driving Attorney

TRAFFIC - A school bus crash in Moffat County Colorado on April 16th, 2012, is making news. Moffat County, Colorado, along with Routt and Grand County, make up the 14th Judicial District, which includes mountain municipalities such as Winter Park, Steamboat Springs, Grand Lake, Granby and Craig. An officer of the Craig Police Department said that as the bus driver drove the bus back to the garage after dropping the school children off, she rear-ended the bus in front of her before heading in a northwest direction into the field behind the baseball diamond. Then, as the bus neared the baseball field, it hit a light pole and ran over a chain link fence. The bus driver was injured and taken to the hospital in Craig.

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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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