Photo of Kyle B. Sawyer
Photo of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

The New Colorado Burglary

On Behalf of | Dec 16, 2013 | 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.

Are you familiar with the phrase “hell hath no fury like a woman scorned?” Broken relationships are fertile soil for criminal allegations. We had a case a while back which illustrates this well. The man had broken up with the woman and she would not return his personal property which he kept at her place for overnights. So, while she was at work, he went in the back door and retrieved his things. Once she found “her” mementos of his were missing, she called the police. He was charged with Burglary, which results when someone enters the property of another with the intent to commit a crime on the property.

In a black and white world, he probably should have been charged with something like trespassing. But our world is not black and white. The ex was gone from her apartment, and he had previously been given free reign of the place. Only when he breaks up with her does she hang onto his things and refuse to return them. He did not tear up her place and he did not steal any of her things. He came and went peacefully. Why should he be charged with the felony crime of Burglary in Arapahoe County, Douglas County or Washington County?

The problem here which we often have, is that cops feel they must charge as harshly as possible and let the DA sort out what crimes really apply. Many DAs feel they must press hard with charges because that is what it means to support a police officer’s decisions to file. Judges are often worried that victims’ rights groups will criticize them and cost them their jobs. As a result, we often have unintended consequences of a law where people like this former client are over charged.

Whether your Burglary case is fits the elements of an actual crime or not, we know there are defenses which should be presented to the judge and jury. They are the ones it matters with. Don’t let the prosecutor convict you of a crime you did not commit. Get a professional defense and stop this unfairness.

Never speak with the police – always remain silent. Then call one of our Burglary lawyers at 303-731-0719. Together, we can protect your future.