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September 2012 Archives

Tampering with a witness / victim Lawyer in Colorado: C.R.S. 18-8-707

Lawyers know that Tampering with a witness or victim (C.R.S. 18-8-707) in Denver, Jefferson, or Arapahoe County is a very serious matter, and it is charged as a class 4 felony. A person facing a less serious misdemeanor charge in Weld County may find herself in deeper trouble if Tampering with a witness or victim charges are added.

Weld County Indeterminate Sentence: Sex Assault, C.R.S. 18-3-402

A 23-year-old Weld County, Colorado man was sentenced to 10 years to life in prison for Sexual Assault (C.R.S. 18-3-402) of an intoxicated 17-year-old girl at a party. His sentence comes a few months after he was convicted of the crime in Weld County District Court.

Sex Offender Registration / DeRegistration, C.R.S. 18-3-412.5

We continue to hear from good people in Denver, Jefferson and Adams County who fail to DE-register as sex offenders, when they move.  They are trying to follow all the crazy rules for sex offenders in Colorado, but don't realize you must tell the police agency where you have been registering, that you are leaving their jurisdiction and that you will be registering somewhere else (Sex Offender Registration / DeRegistration).  It is a crime in Colorado to forget: Failure to Register as a Sex Offender, C.R.S. 18-3-412.5.

Colorado Escape - NOT Just for Breaking Out - C.R.S. 18-8-208

Many people are learning the hard way in Denver, Adams and Douglas County, Colorado, that Escape, C.R.S. 18-8-208, does not just involve sneaking out of a jail or prison. It is much broader. A good example is the person on work release who fails to return at night to the jail. Although legally out at first, the failure to follow the rules on when to return to jail amounts to escape.

Leaving the Scene of an Accident is a Felony - Traffic, C.R.S. 42-4-1601

Traffic accidents sound like DMV license issues.  But, did you know that if someone is seriously injured or killed in a traffic accident and you leave the scene, you will be facing felony charges and up to 12 years in the Colorado Department of Corrections prison system?

Colorado Dependency and Neglect - Social Services Out of Control

Occasionally, our criminal cases involving Child Abuse, C.R.S. 18-6-401, migrate into Dependency and Neglect (D&N) cases in Douglas, Arapahoe and Jefferson County. This is a civil type case where children are taken from their parents for the "safety" of the child. While this removal decision sometimes occurs appropriately, I often see this removal by Social Services (the Department of Human Services) made to get back at parents who will not bow to their power grab.

Harassment in Colorado, C.R.S. 18-9-111

The Colorado Revised Statutes define criminal Harassment at C.R.S. 18-9-111. This statute contains many subjective terms which make it difficult to predict what is unlawful. People living in Denver, Aurora, Littleton, or other high density parts of the metro area will most likely apply different meanings to terms like "annoy," or "alarm," or "obscene," compared to someone from the rural parts of Weld, Adams or Arapahoe County. Furthermore, the crime of Harassment is one of those which many people believe should be prosecuted whenever they are inconvenienced for any reason.

The Trend in Protection / Restraining Orders, C.R.S. 13-14-102

Protection / Restraining Orders come in two sizes in Arapahoe, Jefferson and Douglas County: the Civil Court type and the Criminal Court type. In each, courts are now trending to give the order and slow to appreciate the consequences of the orders.

Why Have a Colorado Jury Trial?

Whether you are charged in Denver, Adams and Douglas County with a misdemeanor Theft, C.R.S. 18-4-401, or a felony Assault, C.R.S. 18-3-202, a jury trial is almost always your best bet. We like to think of judges as unbiased and neutral, but they have been conditioned to lean toward the prosecution. Many are former prosecutors and many are former government lawyers. Each of these government jobs has conditioned them to favor the government prosecutors in criminal case disputes.

Aurora Probation Worker Charged in Sexual Assault: C.R.S. 18-3-402

An Aurora, Colorado probation case worker has been accused of Sex Assault (C.R.S. 18-3-402) and arrested in connection with those allegations, along with allegations that he committed False Imprisonment (C.R.S. 18-3-303). The alleged perpetrator works for one of the companies the Arapahoe County government contracts with in order to monitor people who have been sentenced to probation. It is unclear at this time whether the Sexual Assault complaining victims were under his probationary supervision, but the Aurora police said that they are expecting more victims to come forward.

Vehicular Homicide, Hit and Run Death of Cyclist: C.R.S. 18-3-106

A 22 year old woman was charged with Vehicular Homicide (C.R.S. 18-3-106), Careless Driving Causing Death (C.R.S. 42-4-1402 (2)), Driving Under the Influence (C.R.S. 42-4-1301), and Hit and Run (C.R.S. 42-4-1601) in Jefferson County, Colorado, after hitting a biker and then leaving the scene of the accident. The biker was initially declared brain dead and then died on the following day. The woman who was driving ended up calling the Lakewood Police and reporting herself after she left the scene of the accident. She was able to bond out of the Jefferson County Jail on a $1000 cash bond.

Beware of the Colorado Pretext Call in Sexual Assault Cases

Did you know that police in Adams, Arapahoe and Douglas County have a machine where they can input a phone number they want to show up on the caller ID of a phone (including cell phone) they call? This allows them to have an alleged victim of a Sexual Assault offense call their accused and make it look like they are calling from their home or cell. In reality, they are calling from the police department. The call is recorded and police coach the accuser during the call.

Fremont County Arrest - Brother's Homicide / Murder: C.R.S. 18-3-103

A Fremont County, Colorado, man was arrested on suspicion of second-degree murder (C.R.S. 18-3-103) after he shot and killed his brother in what amounts to Homicide / Murder. The man claimed that he thought he was firing a bean-bag round at his brother, and that he was doing so because his brother had initiated a physical altercation. Bean-bag ammunition will typically not result in death when fired, but is used mainly for the purpose of incapacitation. The man is being held in the Fremont County jail, which is part of the 11th Judicial District and also includes Park County, Chaffee County, and Custer County.

Colorado Child Abuse, C.R.S. 18-6-401

The Colorado Child Abuse statute (C.R.S. 18-6-401) covers a broad range of classes of crimes. Child Abuse may be charged in Denver, Arapahoe, or Douglas county as a class 3 misdemeanor, or in Weld, and Jefferson county all the way up to a class 1 felony, or murder in the first degree as defined in C.R.S. 18-3-102(1)(f).

Symphony Violinist in Sexual Assault on a Child: C.R.S. 18-3-405

A Colorado Symphony violinist pleaded guilty in two cases involving Sexual Assault on a Child (C.R.S. 18-3-405). His employer, the Colorado Symphony Orchestra, fired him as a result of his plea although he had been a member of the orchestra for almost 20 years. The cases involved allegations he had inappropriately touched two of his daughter's friends during sleepovers. He pled guilty in Arapahoe County District Court, and was sentenced to 10 years to life and eight years to life, respectively, in Colorado's Sex Offender Intensive Supervision Probation program.

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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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