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December 2013 Archives

Sex Offender Registration - Confusing Colorado Law

Colorado Sex Offender Registration laws are among the most confusing laws on the books and the consequences for violating them are severe. The Colorado State Legislature says these laws are not punitive, but are there for public safety reasons. These non-punitive laws continually change and are becoming more restrictive. They are usually retroactive to include all sex offenders, regardless of when the person was convicted. I personally believe the public safety rationale has been used to get around Constitutional issues. Although public concern over sex offenders is understandable, the way in which these laws are applied leaves the door open for governmental abuse.

Comity & Out of State Internet Luring & Enticment

It sometimes strikes me as unfair that police and other law enforcement in Colorado go after men and women who have never set foot in Colorado. In recent years, there has been an increase in arrests and warrants for out of state conduct based on sexual conversations in internet chats. The crimes of both Enticement of a Child and Internet Luring in Denver, Douglas and Jefferson County are often based in out of state conduct.

Pregnant Victim? Special Criminal Colorado Sentencing

pregnant-victim.jpgWe often see cases where men and women get into arguments which turn physical. Typically, no one is using a weapon. Instead, they yell and throw things, push and shove, and grab and slap. Although emotions are high, no one is seeking to cause serious injury to the other. If a woman is pregnant in these situations, lawmakers in Jefferson, Adams and Larimer County have increased the sentencing and potential punishment for several crimes.

Santa Would Never Speak with Police Officers

santa-clause-never-speak-wi.jpgSanta knows who's been bad and good. And he knows that police officers in the Denver area have been very bad. I just watched a police interview which makes this so clear. The officer kept hammering my guy late at night in the interview room until he made some admissions. My client had indicated some incidental (unintentional) sexual contact with his daughter. This came from her jumping on him while he was on the couch. Another time, he was tickling her and accidently touched her between the legs as they were wrestling. The officer built on these admissions and eventually arrested my client at the end of the interview.

Possession of a Weapon by a Previous Offender Attorney in Denver

possession-of-weapon-previo.jpgHave you ever wondered what criminal conduct qualifies a person for Possession of a Weapon by a Previous Offender (C.R.S. 18-12-108) charges in Denver, Arapahoe, and Douglas County? The easiest answer is: when a person is convicted of any felony, or, a misdemeanor involving both physical violence and an underlying factual basis of domestic violence (C.R.S. 18-6-800.3). These persons are not allowed to possess firearms.

The New Colorado Burglary

After 23 years practicing as a criminal attorney in Denver, I keep reminding you that traditional first impressions of people committing crimes such as Domestic Violence, Harassment and Burglary, are way off base. To further convince you, let's consider what it takes to be charged with Burglary in Denver, Jefferson and Adams County.

Non-Violent Domestic Violence in Colorado?

Am I the only one who sees the inconsistency with this special interest driven label? Basically said, our legislature is scared of being labeled as tolerant of violence by special interest groups, so they agreed to the extreme terms contained within our Colorado Domestic Violence law.

Denver Criminal Mischief Primer

Criminal-Mischief-Primer.jpgGenerally, Criminal Mischief involves damaging another person's property. The criminal mischief statute, C.R.S. 18-4-501, requires that the person who damaged the property have a "knowing" mental state. In Adams, Jefferson, and Denver County, these charges are often in the context of domestic violence, meaning that the people involved had an intimate relationship. In cases where criminal mischief is alleged to be part of an act of domestic violence, the consequences can be very severe including a battery of costly domestic violence classes.

Temporary Civil Protection / Restraining Orders

Almost anyone can get a Temporary Civil Protection Order (C.R.S. 13-14-104.5) issued against another person in Arapahoe County, Jefferson County, or Lincoln County. By filing a standard set of Colorado forms with a judge or magistrate against any person, 10 years of age or older, Temporary Protection / Restraining Orders are usually granted. The reasons are simple. It is easy for people to make allegations about someone they are upset with, the standard of proof is set very low, and judges or magistrates do not want bad publicity if a person is injured following the denial of a Temporary Protection Order from her docket.

Denver Assault - Easy to Allege & Clogging Courts

easy-to-make-assault-allega.jpgThis crime is the second most commonly charged by Colorado police, particularly in DV, or Domestic Violence cases. The only thing which separates it from Harassment, is the allegation of "bodily injury". Bodily injury is defined as "pain", which is quite objective. The lowest form of this charge is Assault in the Third Degree, C.R.S. 18-3-204. We also have second degree and first degree versions of this crime.

Disorderly Conduct is Too Broad, C.R.S. 18-9-106

Disorderly Conduct, C.R.S. 18-9-106, in Denver, Arapahoe, and Douglas County can have a devastating impact on your job, family, and life. An experienced lawyer who handles cases of fighting in public can make the difference in your case between jail and freedom. Beware when facing these broad allegations. The government will try to convict you of a crime even if you have done nothing wrong. Police have a self interest in convictions.

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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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