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January 2013 Archives

Denver Driver Caused Injury - Hit and Run, C.R.S. 42-4-1601

The Denver police are looking for a driver who allegedly hit a pedestrian crossing Federal Boulevard. The person was also hit by two other cars. Of the three drivers who hit the pedestrian, the Subaru driver was the only one to Leave the Scene of the Accident (Hit and Run, C.R.S. 42-4-1601). Witnesses to the accident were unable to describe the color or license plate of the vehicle, which in Colorado means the police are searching for a Subaru-shaped needle in a haystack.

Sexual Exploitation of a Child / Child Pornography, Sexting

Sexting (Sexual Exploitation of a Child / Child Pornography) is that act of transmitting sexually explicit material (nude or sex based photos and text messages) via text message between cell phones, or online. Sexting can be criminal conduct in Arapahoe or Jefferson County, when the person sending the images or the person receiving the pictures is under the age of 18. Sexting is a sex crime in Colorado because it triggers laws designed to prevent child pornography (sexually explicit material or nude pictures).

Berthoud Woman - Careless Driving, Possible Vehicular Assault

A Berthoud, Colorado woman was arrested and charged with Careless Driving Resulting in Injury (C.R.S. 42-4-1402) after she allegedly ran over a pedestrian's feet during an argument. The Loveland police claim that, after threatening another driver to move their vehicle or she would hit it, the driver started her car, accelerated and ran over the feet of the pedestrian, pinning her between the two vehicles. It is unclear at this time whether the Larimer County District Attorney will add a Vehicular Assault (C.R.S. 18-3-205) charge.

Enticement of a Child in Colorado, 18-3-305

Enticement of a Child is a class 4 felony in Douglas, Arapahoe, Denver County or anywhere in the state of Colorado. Enticement of a Child is defined in C.R.S. 18-3-305, as a person that "invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or sexual contact upon said child." This crime can also be charged as a class 3 felony if the defendant has been previously convicted of a sex crime on a child, or if the child is injured during the act of enticement.

Facebook Harassment, C.R.S. 18-9-111

A Grand Junction (Mesa County), Colorado judge ruled that the Facebook posting of a man charged with making threats is admissible to prove the charges against him. Because he was overseas, the man was charged with the Federal crime of making interstate threatening communications. However, the same principals could apply under Colorado law for crimes such as Harassment (C.R.S. 18-9-111) or Disorderly Conduct (C.R.S. 18-9-106).

Third Degree Assault in Denver

Third Degree Assault, C.R.S. 18-3-204, also known as Assault in the Third Degree, is a crime that can have devastating consequences for the person charged. In Arapahoe, Douglas, and Denver County, the District Attorneys try to fight for an outcome that usually will include jail time. When people hire a criminal defense attorney in the Denver area, they will fight against jail time and other likely consequences.

Jury Trial - When and Should You Get One?

A jury trial is almost always the best choice for your criminal Felony or Misdemeanor trial in Denver, Jefferson and Adams County. Why? Because, judges become cynical after hearing allegations of crime year after year. In one day, they can hear twenty different excuses or reasons for a Domestic Violence act or a Theft. They get to the point where they assume everyone charged is guilty.

Colorado Obstructing a Peace Officer - Too Easy, C.R.S. 18-8-104

Obstruction, (Obstructing a Peace Officer) C.R.S. 18-8-104, is a type of case that nearly anyone in Arapahoe, Douglas, or Denver County could be convicted of. Obstruction is usually defined as anytime a person uses or threatens to use violence, force, physical interference, or an obstacle, and knowingly obstructs, impairs, or hinders a police officer, firefighter, emergency medical service provider, or emergency animal. As you can see, this could apply to basically anything where you exercise a Constitutional right against the police.

Internet Luring of a Child in Colorado, C.R.S. 18-3-306

Have you been a victim of the Child Sex Offender Internet Investigations (CSOII), the Jefferson County District Attorney Office's program which has arrested over 500 people for internet luring? The slogan of the program, headed by Mike Harris, reads "If you prey on children we will prey on you." Cops involved in the CSOII set up online profiles of a pretend child under the age of 15. They then enter chat rooms under this persona and search out potential adults who might be using the site to talk with children or meet up with them. As a pretend child, they will suggest an in-person meeting with the on-line contact and use this as a way to catch offenders. Many times, persons on the chat site will travel thousands of miles to meet the pretend child here in Colorado.

Fire-Breather Faces Arson Charge in Colorado, C.R.S. 18-4-101

Last year, a man was charged with two counts of Arson as he performed as a fire-breather in Weld County, Colorado. Witnesses said he spit ignited fluid towards two men (don't try that at home!).  He was also charged with two counts of Reckless Endangerment (C.R.S. 18-3-208).

Out-of-State Sex Offender Registration / Deregistration, Colorado

If you are registered as a sex offender in another state and want to move to Denver, Arapahoe or Douglas County, Colorado, you should know the following: Colorado has a liberal Sex Offender Deregistration process for people already registering here as sex offenders for an offense that occurred in a different state / out-of-state. Essentially, the Sex Offender Registration / Deregistration process is similar to that of someone required to register because of an in-state conviction. Some of the major differences between in and out of state deregistration include the cost, the elements of the original or underlying offense, and whether the person has any other convictions.

Prostitution in Denver, Colorado, C.R.S. 18-7-201

If you have been a Colorado resident for an extended period of time in counties like Denver, Jefferson, or Arapahoe County, you will probably understand any reference someone might make to the night life on Colfax Avenue. The east side of Colfax Ave. is known for being a common connection point for prostitution, a reputation which has made its way into popular media like the television show South Park. Despite being illegal in Colorado, this crime continues to occur.

The First Amendment and Disorderly Conduct: C.R.S. 18-9-106

Is swearing at a police officer considered Disorderly Conduct in Colorado jurisdictions like Arapahoe, Douglas, and Adams County? Well, apparently police officers think so, even though such language is clearly protect by our First Amendment right to free speech.

When a Jury Trial is the Only Option in Colorado

As criminal defense attorneys serving clients in Denver, Broomfield, and Adams County, Colorado, there is nothing more frustrating than dealing with an unreasonable prosecutor. Recently, we have had a few cases involving charges of Prohibited Use of Weapons (C.R.S. 18-12-106) and Criminal Mischief (C.R.S. 18-4-501), in which we have been able to give the Deputy District Attorneys overwhelming evidence why we would win if the case went to a jury trial. Instead of doing what is in the best interest of justice and dismissing the case, these prosecutors are forcing our clients to either plead to something they didn't do or go through the arduous process of taking the case to trial.

Public Indecency Streaking and Peeing, C.R.S. 18-7-301

Perhaps you have seen or heard of someone streaking nude at a sports event. Running naked through a public place might even seem comical at first glance. But streaking is a serious offense in Colorado counties such as Broomfield, Arapahoe, and Douglas County. This "joke" can be punishable as Public Indecency (C.R.S. 18-7-301), and possibly as Indecent Exposure (C.R.S. 18-7-302), based on being naked in public.

Colorado Jail and Prison - What is the Difference?

Colorado Jails and Prisons

Those not familiar with the Colorado judicial system are often confused about the differences between a county jail and a Colorado prison in counties like Denver, Jefferson, and Arapahoe County. There are many differences between any individual correctional facility based on the focus of the facility and those who run it. If you have been charged with or convicted of a crime, and you are unsure whether jail or prison is a possibility, the following information will help you know the difference and gain a better understanding of what is possible.

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

A Colorado Springs man was arrested by the Breckenridge police in Summit County, Colorado, on allegations that he had sex with a 12 year-old facebook friend. He has been charged with Internet Exploitation of a Child (C.R.S. 18-3-405.4) and Sex Assault on a Child (C.R.S. 18-3-405). The 22 year old man was booked into the Summit County Jail and was able to post bond. He will face charges in the 4th Judicial District Court, which encompasses Colorado Springs and El Paso County, and is where he allegedly had sex with this young girl and comitted Internet Sexual Exploitation of a Child.

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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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