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February 2013 Archives

Criminal Trespass (Trespassing) Attorney in Denver

Criminal trespass, C.R.S. 18-4-502, is a crime that most people don't really understand. There are several elements to Criminal Trespassing that can cause the person accused of the crime to face higher and more severe punishments. For instance, in Denver, Jefferson, or Arapahoe County, a person could be doing the same thing as someone else and one of the individuals could be facing a misdemeanor and the other a petty offense. How does this happen? It depends on the designation of the land that the person is on.

Boulder D.A. Dismisses Hit and Run Case: C.R.S. 42-4-1601

The Boulder District Attorney dismissed the pending felony charges against an 18 year old young woman who allegedly was involved in a hit and run, killing a 16 year old boy (C.R.S. 42-4-1601). Instead of thoroughly investigating the crime before rushing to arrest and charge this young woman, the Longmont Police and the Boulder Prosecutors brought charges before realizing that the evidence did not support her vehicle being at the scene of the accident. But what else is new? Colorado police in Adams, Broomfield and Denver County are notorious to bringing charges first and THEN investigating, trying to fit the facts into a conclusion they have already drawn.

Concealed Carry Permits (CCW) in Colorado

The criteria for obtaining a Concealed Carry Permit, pursuant to C.R.S. 18-12-203, can be quite extensive. People who apply for a permit and exercise their Gun Rights have to undergo background checks and have their lives fully examined by the Sheriff's in Denver, Douglas, and El Paso County.

DAs, Courts, and Police - Rules Don't Apply

Apparently the rules that govern fair play in our Colorado criminal "justice" system do not apply to prosecutors and District Attorneys. In the world of DAs, Courts, and Police, it seems that it is perfectly fine for a District Attorney in Adams, Broomfield, or Denver County to walk into court on the day of a trial, hand defense counsel new evidence, and then have the gall to object to a reasonable continuance to assess the new evidence. Seriously.

Restitution in Your Criminal Case

In a criminal case, Restitution can effect your life even more than a criminal conviction.  Did you know that in Denver and Douglas County thousands of dollars are sought for the simplest of crimes? If you plead guilty or are convicted at trial for a crime, you will likely be liable for reimbursing all expenses incurred by your victim.  No matter what the crime is "every order of conviction....shall include a consideration of restitution" (Restitution, C.R.S. 18-1.3-603). The judge can order reimbursement  for medical bills, counseling, and anything else which a "victim" can say was related to their victimization.  The judge has great latitude in coming up with the final amount which is based on information given by the victim and District Attorney.  However, the process is easy to abuse.

Colorado Probation Violations & Revocation

Whether you are sentenced on a misdemeanor offense or a felony offense, your sentence likely includes probation. Unless you comply with all terms of your supervised or unsupervised probation, you will face a Probation Revocation (Complaint to Revoke Probation) proceeding in Arapahoe, Douglas and Broomfield County. There are two ways that probation can be violated: (1) technical violations or (2) new law violations. Technical violations stem from the probationer's failure to comply with the specific terms of probation, i.e. monitored sobriety, missed classes, failure to pay fees, costs, or restitution. New law violations occur when the probationer is charged with a new criminal offense while already serving an active probation sentence. If you are charged with a new criminal offense, do not plead guilty to the new offense without the advice of an attorney.

Child Abuse Attorney in Denver

Under current Colorado law, a person can be charged with Child Abuse under C.R.S. 18-6-401. The first step for anyone charged with the crime of Child Abuse in Arapahoe, Douglas, or Denver County is to call a criminal defense immediately. Child Abuse convictions will have a devastating impact on your future and any chance to work with children or in the medical profession.

Dismissing Charges of Third Degree Assault in Douglas County

A dismissal of Third Degree Assault, C.R.S. 18-3-204, charges by the District Attorney in El Paso, Douglas, or Arapahoe County is an accomplishment that rarely happens. When a dismissal occurs, our Denver area criminal defense attorney's take pride in that outcome. Here is a brief synopsis of a recent case that was dismissed through our work.

Colorado Detergent Theft Spree: C.R.S. 18-4-401

Police in Colorado jurisdictions including Denver, Broomfield, and Adams County are investigating what they claim is a rash of crimes involving the Theft (C.R.S. 18-4-401) of laundry detergent. Apparently, detergent is a hot item on the black market and shoplifters can sell it to Laundromats for a significant profit.

DAs, Courts, and Police Power Abuse

The Power of Colorado Prosecutors

In light of the recent suicide of internet activist, Aaron Swartz, people are starting to question the vast power which Colorado and federal prosecutors possess and the many they misuse that power. Mr. Swartz committed suicide after an aggressive federal prosecutor threatened him with added charges, stacked to make him believe he might facing a ton of time in federal prison.  DAs, Courts, and Police often abuse their power for political gain.  While Mr. Swartz's tragic death illustrates the misuse of prosecutorial discretion with the absolute worst results, the power of prosecutors in Adams, Jefferson, and Denver County can be just as unjust.

Forgery in Colorado, C.R.S. 18-5-102

Last year in Grand Junction, Colorado (Mesa County), a parole officer was charged with Forgery, C.R.S. 18-5-102, and had a federal lawsuit brought against him. The Colorado Parole Officer was suspected on many counts to have forged the arrest dates of parole violators, in order to keep them in jail past the allotted 10 days, if the paperwork had not been filed. This was shocking because, as an official working within the Colorado Department of Corrections (DOC), there was a high expectation that the officer could be trusted. It is essential that Coloradoans can trust the justice system and those whose job it is to run it in Adams and Douglas County. Without that trust, our judicial system can no longer be respected or believed to be effective.

Reckless and Careless Driving in Colorado

Maybe you were not paying attention to your speedometer in a hurry, but speeding can be a serious offense in Colorado counties like Denver, Boulder, or Arapahoe County. A driver can be charged with Careless Driving and Reckless Driving depending on whether they were speeding, how fast they were driving, and the manner in which they were driving.

Reckless Endangerment in Colorado -C.R.S. 18-3-208

Reckless Endangerment (C.R.S. 18-3-208) is a class 3 misdemeanor with serious consequences. I recently read an old story out of Summit County where a Colorado man was convicted of Reckless Endangerment related to firearms use. The gun he was carrying discharged and the man shot himself in the groin. What made the story interesting was his defense. He said he was defending himself from a mugger that hit him on the back of his head, which caused the gun to discharge. One reason his story was questioned by law enforcement is that he was intoxicated at the time.

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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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