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July 2012 Archives

Colorado Escape, C.R.S. 18-8-208

It isn't every day people call our office with Escape (C.R.S. 18-8-208) charges. However, in the past week we received two such calls. One was from a person charged with Escape in Arapahoe County and one from a person with Jefferson County Escape charges. These calls have prompted me to put some general information out on our blog concerning the crime of Escape.

Petty Theft to Felony Possession of Burglary Tools

Most people are unaware that a Petty Theft charge can quickly turn into a Felony Burglary case. In Denver, Castle Rock, Parker, and Northglenn, Petty Theft occurs when an individual takes another's property into their own possession. This could be a pack of gum from a supermarket, a pair of jeans from a department store, or a pair of shoes from a store in the Colorado Mills Mall. Petty Theft in Colorado is usually an offense that is punishable by a ticket with a fine attached or maybe a summons to appear in court.

Arrests for Riot & Obstructing a Peace Officer, C.R.S. 18-8-104

24 people were arrested in California after a crowd protesting two deadly police officer-involved shootings became violent. While it is unclear what charges the 24 people who were arrested will be facing, in Colorado jurisdictions such as Arapahoe, Douglas, and Denver County, they would likely be charged with Engaging in a Riot (C.R.S. 18-9-104), Obstructing a Peace Officer (C.R.S. 18-8-104), Disorderly Conduct (C.R.S. 18-9-106), or Disrupting Lawful Assembly (C.R.S. 18-9-108). Two men were shot and killed by police within the last week, and the family of one of the men has already instigated a $50 million lawsuit against the police department. Allegedly, the mostly peaceful protesting crowd became violent and began throwing rocks at officers and vandalizing cars.

Sexual Exploitation, Child Pornography Charges: C.R.S. 18-6-403

A Boulder, Colorado man was arrested after Boulder police allegedly discovered files of child pornography on his home computer. He was publically arrested at his workplace in Jefferson County and taken to the Jefferson County jail after he did not surrender himself to the Boulder police. He will remain in custody in Jefferson County while he waits for charges from the Boulder District Attorney's Office - likely to include charges relating to Sexual Exploitation of a Child / Child Pornography (C.R.S. 18-6-403).

Colorado Springs - Domestic Violence Homicide: C.R.S. 18-6-801

A Colorado Springs man is being sought by police in connection with the homicide of his ex-girlfriend, who was the alleged victim in a Domestic Violence case against him (C.R.S. 18-6-801). Colorado Spring police arrested him in March on charges of Criminal Mischief (C.R.S. 18-4-501), Theft (C.R.S. 18-4-401), and Harassment (C.R.S. 18-9-111) after the couple broke up and he became violent, destroying some of her property. He is scheduled to go on trial for those charges in August. Although the El Paso County Sheriff's Office and the Colorado Spring police have been searching for this man for days on suspicion of the homicide, he has yet to be found.

Denver Police Sergeant - DUI / DWAI Cover-Up: C.R.S. 42-4-1301

The Denver Police Chief is recommending that a police Sergeant be fired for covering up the DUI / DWAI, C.R.S. 42-4-1301, stop of a former Colorado State Legislator. The Legislator was allegedly stopped by another Denver officer on suspicion of DUI / DWAI. Although the legislator failed all aspects of the field sobriety test (roadside maneuvers), admitted to drinking, and smelled of alcohol, the officer who made the stop was ordered by this Sergeant to not charge the Legislator with a DUI when they realized who she was. Instead, the Sergeant cited her for a minor traffic violation, and called a cab to pick her up. Additionally, she overlooked the fact that the Legislator was carrying a loaded weapon in her vehicle, and therefore could have also been charged with Prohibited Use of Weapons, C.R.S. 18-12-106, for possessing a weapon while intoxicated.

Reading Women & Unlawful Sexual Contact, C.R.S. 18-3-404

Men, we all know it is next to impossible to read a woman. So, you'd better be positive sexual contact with her is ok with her. Unlawful Sexual Contact, C.R.S. 18-3-404, in Jefferson, Denver and Adams County involves "knowingly subjecting a victim to any sexual contact IF the actor knows that the victim does not consent". Sexual contact involves touch of a woman's breast, buttocks or pubic region. If there are allegations by her that she did not consent to touch in these areas, you will likely be charged with a sexual offense.

Colorado Sexual Exploitation of a Child / Child Pornography, C.R.S.18-6-403

The crime of Sexual Exploitation of a Child / Child Pornography arises in Denver, Jefferson and Arapahoe County when allegations arise that a person possesses sexually exploitative material. Whether by email, download, or sexting, these photographs or videos are considered child pornography, or child porn. Society offers little patience when dealing with the subject of child nudity.

Colorado Perjury, C.R.S. 18-8-502

Being charged with Perjury in Adams, Weld, Arapahoe, or Jefferson County in Colorado is a very serious matter. Perjury in the first degree is a class 4 felony (C.R.S. 18-8-502), and is distinguished from perjury in the second degree (C.R.S. 18-8-503) by whether or not an intentionally false statement is made in an "official proceeding" or not. Perjury in the second degree is a class 1 misdemeanor. To complicate matters, Colorado perjury statutes also list the crime of "false swearing", (C.R.S. 18-8-504). False swearing covers any situation where an official oath is made and the intentional false statement is not covered by the first or second degree perjury statutes. False Swearing is considered a class 1 petty offense.

Traffic: Boulder County DA Decides Charges in Fatal Crash

Boulder County District Attorney, Stan Garnett, is waiting for the police reports before deciding whether to file charges in a fatal Louisville, Colorado traffic accident. A man and his teenage daughter were killed by a young woman who allegedly drifted into their lane and hit them head on. When people die in traffic accidents, Denver, Adams, and Weld County prosecutors have quite a few different charges to consider with penalties ranging from mild to severe.

Traffic - Penalty Change in Leaving the Scene of an Accident, 42-4-1601

On June 6, 2012, Colorado's Governor Hickenlooper signed into law House Bill 12-1084, which increases the penalty for the traffic charge Leaving the Scene of an Accident resulting in serious bodily injury in Denver, Jefferson, Adams, Arapahoe and Douglas County, from a class 5 to a class 4 felony. This crime is similar to the crime of Failure to Report an Accident.  C.R.S. 42-4-1606.  The increased penalties will take effect this August unless a referendum petition is filed.

Colorado Traffic Ticket Compact States

If you get a traffic ticket in a Colorado county like Jefferson, Arapahoe or Adams, and move to another state without resolving the ticket in Colorado, your license in the other state will be in jeopardy. Colorado is among a group of states known as "Compact States" or "Non-Resident Violator Compact (NRVC) states", which support each other's efforts to resolve traffic tickets. In this example, the other state will suspend your license or not allow you to get a new one, until you resolve the Colorado matter.

Former Summit County Judge Charged: Felony Menacing, C.R.S. 18-3-206

A former Summit County, Colorado judge and prosecutor is facing Felony Menacing charges (C.R.S 18-3-206) after being accused of pulling knife on a couple in Breckenridge. He is claiming that he pulled his keys, not a knife, in self defense, but a knife was found on his person when he was searched by the police.

Police Kill Broomfield Man - First Degree Assault, C.R.S. 18-3-202

A Broomfield, Colorado man suffering from a schizoaffective disorder was shot and killed by Broomfield police after pointing a toy gun at the officer. In Broomfield, Arapahoe, and Adams County, Colorado, a person who threatens a peace officer with a deadly weapon with the intent to cause the officer serious bodily injury can be charged with First Degree Assault (C.R.S. 18-3-202). Additionally, the Aurora, Thornton or Westminster police may use reasonable force to defend themselves against an imminent use of force against them (C.R.S. 18-1-707).

Contributing to the Delinquency & Providing Alcohol to Minor, C.R.S. 12-47-901

A young man was recently convicted by a Weld County jury of Providing Alcohol to a Minor, C.R.S. 12-47-901. He had purchased alcohol for a fraternity initiation party in Greeley, and a freshman at that party leaped from a balcony after consuming several shots and a bottle of wine. In Colorado jurisdictions including Adams, Douglas, and Denver County, Colorado, providing alcohol to a minor is a class 1 misdemeanor offense and it carries up to 18 months in jail and a maximum fine of $5000. Contributing to the Delinquency of a Minor is a similar charge.

Colorado Consequences of NOT Being Charged with Menacing

We recently were hired to defend a client who had been arrested for Felony Menacing (C.R.S. 18-3-206) in one of the "tough on crime" Colorado jurisdictions. This client had no criminal record, and was incredibly freaked out by these allegations and the possibility of being convicted of a felony. He had been hauled into jail on the date of the alleged offense, and a ridiculously high bond was set on his case. Luckily, he was able to use a bondsman to post bond, and hired the O'Malley Law Office to start advocating on his behalf, talking to detectives, and preparing subpoenas.

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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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