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August 2013 Archives

Possession of a Weapon by Previous Offender Lawyer

Possession of a Weapon by Previous Offender, also known as POWPO, prohibits the possession of firearms by someone who has been convicted as an adult of a felony offense or adjudicated delinquent for a felony offense as a juvenile. In Jefferson, Gilpin, and Broomfield county, this offense commonly occurs for people who were adjudicated as juveniles and did not realize a juvenile adjudication prevents them from owning a weapon.

Disorderly Conduct Charges Denver Lawyer, C.R.S. 18-9-106

Disorderly Conduct is often charged in Denver, Adams, and Arapahoe County despite a constitutional reason why charges should be dismissed by a court. All laws are subject to the protections guaranteed by the United States and Colorado Constitutions. One of the most famous protections is Freedom of Speech under the first Amendment to the US Constitution. This freedom has been interpreted, with a few restrictions, to imply you can say what you want, when you want.

Minor in Possession of Alcohol, MIP, C.R.S. 18-13-122

Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person - (C.R.S. 18-13-122), also known in Colorado as "Minor in Possession of Alcohol", or simply MIP. We often get calls from parents of students in Ft. Collins, Greeley, and Boulder Colorado, charged with this crime. A student living away from home in an environment where it is only legal for some to drink is a recipe for trouble. In Larimer, Weld, or Boulder County, it is illegal for anyone under the age of 21 to consume or even possess alcohol, and college campuses are a particular problem.

Denver Sexual Exploitation of a Child - a Felony for Innocent Conduct?

While Sexual Exploitation of a Child was once limited to child porn distributors, it has morphed into a favorite charge by Denver, Jefferson and Douglas County police and sheriff deputies against boys who have received pictures from girls over their phones a/k/a Sexting. Girls are sending pictures of themselves in a state of undress after solicitation from boys and often after no request from the boys. 

Denver Enticement of a Child - A Recipe for Police Entrapment

Police are given rewards, promotions and career advancement when they make arrests. One of the most fertile grounds for police pursuit of job benefits is the internet. They enter ADULT chat rooms and subtly pretend to be children. Then, men who are looking for a sexual relationship fall prey into a conversation with the "child". The result is an arrest for Enticement of a Child.

Mandatory Protection / Restraining Orders in Colorado

Mandatory Protection / Restraining Orders issued pursuant to C.R.S. 18-1-1001 enter in most criminal cases in Adams, Broomfield, and Denver county. Coupled with bond conditions, a Mandatory Protection Order allows the court to impose restrictions on people accused of crimes, even prior to conviction. These restrictions can include no consumption of alcohol or non-prescription drugs, no contact with the alleged victim(s) or with any potential witnesses, restrictions on locations where the defendant is allowed to reside or visit, and orders prohibiting the possession of firearms or other weapons. In cases involving allegations of harm to children, "no contact" with children and minors, including the defendant's own children, can be ordered.

Internet Luring of a Child - Denver Sting Ends with Arrest

In an police sting in Denver, Colorado, a man has been caught and arrested for Internet Luring of a Child, C.R.S. 18-3-306 along with attempted Sexual Assault on a Child, C.R.S. 18-3-405 (conduct involving a substantial step toward the commission of a crime). This man was on parole as a sex offender prior to contacting the thirteen year old child over Facebook. The man told the child he was studying "sexology" in school, and encouraged the girl to meet with him for a sexual purpose. After the girl told her mother, it was reported to the Arapahoe County Sheriff's Department, who set up a meeting with an officer pretending to be the girl. For the sexual relationship, the man offered to travel to pick up the girl. Instead of meeting her, he was arrested for these serious sexual offenses.

Denver Rape and Sexual Assault Lawyer

Defending against Rape and Sexual Assault charges in Jefferson, Douglas and Arapahoe County may be the toughest job you've ever faced. Your criminal defense attorney should be prepared to challenge DNA evidence if it exists, argue consent for sex if it did occur, and deny sex if plausible.

Reckless Endangerment Denver Metro Attorney / Lawyer

In Denver, according to C.R.S. 18-3-208, Reckless Endangerment results when a person recklessly does anything which creates a substantial risk that someone else will have serious bodily injury. It is important to note that actual injury does not need to occur for you to be charged with this crime. A crime can be committed simply by creating a situation where there is a substantial likelihood that another will be injured in Adams, Douglas, and Arapahoe County.  You need a criminal defense lawyer to challenge your charges.

Denver and Colorado's Prohibited Use of Weapons

I can only begin to tell you how much I think this law is full of problems. It causes more than it cures. Prohibited Use of Weapons, C.R.S. 18-12-106, prohibits several different acts involving a firearm. Ninety percent of the time, however, we see the subsection involving possession of a firearm while under the influence of alcohol charged in Adams, Broomfield and Douglas County. The problems which result concern whether a person loses important Colorado constitutional and statutory rights just because they have a drink. There was even a situation where a Colorado State Trooper was charged. See Fox News.

How to Choose a Lawyer for Your Criminal Defense in Denver

When you are in trouble, you need help fast.  There is no doubt that choosing a lawyer or attorney in Arapahoe, Jefferson or Denver County is difficult.  I had to choose a medical doctor specialist and had little idea which doctor was good and which was bad.  Like the decision to choose a doctor, your choice can have life long consequences, so choose carefully.

Internet Sexual Exploitation of a Child in Colorado, 18-6-405.4

Internet Sexual Exploitation of a Child is a serious sex based crime in Arapahoe, Denver, Douglas, or Weld County. C.R.S. 18-6-405.4 states it is a class 4 felony for a person to knowingly importune, invite, or entice a person under 15 years of age AND at least four years younger than the actor, to engage in certain sexual activity over a computer, telephone network, data network, or by text message(s).

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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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