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November 2012 Archives

Misdemeanor Child Abuse in Colorado: C.R.S. 18-6-301

Most people can agree that when a child is injured at the hands of their parents or another adult, it constitutes Child Abuse under Colorado law (C.R.S. 18-6-401). However, what conduct constitutes Child Abuse when a child is not injured? Unfortunately, the statute is poorly written and leaves a lot of room for interpretation by prosecutors in Adams, Jefferson, and Broomfield County.

Colorado Complicity - C.R.S. 18-1-603

In Broomfield, Weld, or Denver County, or anywhere in the state of Colorado, "a person is legally accountable as principal (the person that committed the crime) if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense." See, C.R.S. 18-1-603. No one in Colorado is actually charged with a crime call "Complicity". Instead, it is a principal of law that permits prosecutors to charge someone with a crime, so long as they played a role in helping someone commit the crime(s). In Arapahoe, Douglas or Jefferson County, this simply means if you do not engage in Menacing (C.R.S. 18-3-206) another person, but you provide a gun and encourage someone else to do it, you can also be charged with Menacing.

Felony Menacing, C.R.S. 18-3-206, in Colorado

Be careful in Weld County, because the Weld County Sheriff may charge you with Felony Menacing, C.R.S. 18-3-206, if you try and defend yourself and your property from trespassers. We recently had a case where a woman was defending herself from a trespasser on her family's property. After being backed in to a remote place by the trespasser and after multiple warnings, she fired a shot into the ground near the trespasser. She was arrested and charged with Felony Menacing. We eventually persuaded the DA to dismiss the charges.

Criminal Defense Attorneys at Thanksgiving, Counting Our Blessings

Another beautiful Colorado Thanksgiving is upon us, and like most people we like to reflect on the many ways in which we are thankful. While it is a very challenging, and sometimes frustrating job, being criminal defense attorneys is also a profound blessing. Clients come to us at times in their lives that are incredibly difficult and scary, and we are able to stand beside them and fight for their rights. Sometimes our clients have been falsely accused of crimes like Sexual Assault (C.R.S. 18-3-402) or Harassment (C.R.S. 18-9-111), and sometimes they are very good people who have made a mistake. Whatever the case may be, each of them needs to know that they are not alone while they are prosecuted by the Adams, Denver, or Broomfield County District Attorney.

Criminal Attempt to Commit a Crime: 18-2-101

Criminal Attempt (C.R.S. 18-2-101) in Jefferson, Adams and Weld County is charged when a person has the same culpability (level of guilt) that is required to commit a crime, and the person takes a substantial step toward committing the crime even though the person does not succeed in its commission. Attempt to Commit a Crime can apply to almost any crime.

Prescription Drug Offense - Fraud and Deceit: 18-18-415

The use of Fraud and Deceit (C.R.S. 18-18-415) to obtain prescription drugs is a drug offense problem in Jefferson, Arapahoe and Weld County. According to Colorado Attorney General, Prescription Drug abuse killed three times more people in Colorado in 2008, than died from drunk driving. A government article also stated that 49 percent of all drug related deaths in Denver were caused by Prescription Drugs, not from those purchased on the street.

Denver DA Dislikes Informed Jury and CSI Shows

Mitch Morrissey, the elected Denver District Attorney, thinks that Denver juries are being negatively influenced by shows like CSI and Law and Order. Mr. Morrissey said he fondly remembers when a jury wasn't informed about scientific evidence like fingerprints, ballistics, or DNA. Now, they expect prosecutors to prove charges with this kind of evidence. In Colorado jurisdictions like Denver, Arapahoe, and Adams County, prosecutors have the burden of proving criminal charges beyond a reasonable doubt. While prosecutors may want their jobs to be easier by keeping their jury pool uninformed, our jury system is one of the most important parts of our criminal justice system and it works best when we have an educated and engaged jury pool.

Accessory to Crime - C.R.S. 18-8-105

The charge of Accessory to Crime, C.R.S. 18-8-105, is found under a section of the Colorado Revised Statutes titled "Obstruction of Public Justice". The basis for criminalizing the act of assisting a person that committed a crime goes back to English common law. It is an affront to civilized societies for a person to aid someone in fleeing from justice because it circumvents the legal process.

Colorado Criminal Record & Conviction Sealing - C.R.S. 24-72-308

In many instances, Colorado criminal records and convictons can be sealed.  Yet, often, we have to tell nice people that they cannot seal their Denver criminal record or criminal conviction. (Record Sealing, C.R.S. 24-72-308). Some people call us years after their convictions and they are under the impression that Colorado law allows them to seal their record automatically after a certain amount of time. Unfortunately, as the law currently exists in jurisdictions such as Arapahoe, Douglas, and Adams County, that is untrue with most crimes.

Menacing: Arvada Woman & Lawn Mower Man- C.R.S. 18-3-206

How easy is it to get charged with Menacing (C.R.S. 18-3-206) in Jefferson County? According to Denverpost.com, if you were mowing your lawn in early October near Firefighters Park, you could be the guy Arvada Police are looking for. A woman claimed a man that looked like a "slow large gorilla" was watching her and started to push his lawn mower toward her. She ran and called the police. Apparently, the slow gorilla is still at large.

Arrest Process in Denver & Bonding Out of Jail - What to Expect

Being arrested in Colorado usually occurs without warning. Police in Denver, Arapahoe or Douglas County approach you to talk about an incident, gather as much information as possible before Miranda Rights kick in, and then inform you are under arrest. This blog outlines what you should expect next.

iPhones Increase Charges of Colorado Robbery: C.R.S. 18-4-301

Denver police have reported a 12.7 percent increase in violent crime last year, largely due to the number of robberies committed by persons stealing iPhones (Robbery, C.R.S. 18-4-301). In 2011 there were 1,143 reported robberies in Denver County, Colorado, up from 926 in 2010. 83 of those robberies were allegedly committed by persons trying to obtain the much-desired iPhone.

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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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