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January 2014 Archives

The Particulars of Colorado Probation, C.R.S. 18-1.3-202

particulars-probation.jpgThe Colorado statute giving courts authority to impose a probation sentence is C.R.S. 18-1.3-202. Upon conviction, the judge will list the conditions of probation. These conditions can be imposed in an Arapahoe County Court, Douglas District Court, or Lakewood Municipal Court. This supervision can be used in conjunction with jail or as a standalone remedy. It can be ordered as unsupervised, or more commonly as supervised. In misdemeanor cases, it can last up to five years and in felony cases there is no time limit.

Sexual Assault - Consensual Sex is Often Charged

consensual-sex-often-charge.jpgI wrestle with the decision making process occurring at police agencies in Lakewood, Littleton and Aurora. Along with district attorneys, police charge men with Sexual Assault following consensual sexual contact. If a man and woman have sex, and the following day the woman decides her secret meeting will be exposed, she has a choice to make: accept the bad press for her decision or allege that the sexual contact was against her will.

Boob Scoops & Butt Grabs: Unlawful Sexual Contact Charges by Juveniles

juvenile-sex-cases.jpgUnlawful Sexual Contact is fast becoming one of the most charged sexual offenses in the juvenile court system, especially in Douglas, Jefferson and Arapahoe county. C.R.S. 18-3-404 criminalizes subjecting someone to sexual contact when they do not consent. Sexual contact means the touching of the intimate parts of another (or the clothing covering the intimate parts of another). In the juvenile system, these cases arise from "boob scoops" and "butt grabs" as children grow into puberty, and typically occur at the middle school level.

Criminal Defense Attorneys Who Favor Plea Bargains

plea-bargains-attornyes.jpgI was disappointed again yesterday to hear of the tendency of some criminal defense attorneys to focus on plea bargains. There are many reasons for this trend, all of which favor the attorney and not the client. Beware of this tendency when you talk to a Denver, Jefferson or Douglas County criminal defense lawyer.

Colorado's Indecent Exposure - C.R.S. 18-7-302

indecent-exposure.jpgI've read several professional articles on the psychology of Indecent Exposure, C.R.S. 18-7-302. Although there doesn't seems to be much agreement for the cause, this crime appears to be more of a mental health issue than a criminal mindset. Never-the-less, Indecent Exposure in Denver, Arapahoe, or Jefferson County is a class 1 misdemeanor which can permanently change your life for the worse by requiring Sex Offender Treatment and Registration. If someone has been convicted of this crime on two previous occasions, it will be charged as a class six felony.

Prohibited Use of Weapons - Is Possible Harm a Crime?

prohibited-use-weapon-harm.jpgHave you ever drunk a beer while hunting with a gun? Have you ever been armed inside your home when you have been under the influence of alcohol? If you can answer yes to either of these questions, then it is likely you could have been charged with Prohibited Use of Weapons (C.R.S. 18-12-106). This crime is written overly broad and unnecessarily exposes many good people to criminal charges.

Menacing Basics and Jury Hype - C.R.S. 18-3-206

menacing-jury-hype.jpgI generally have at least two Menacing (C.R.S. 18-3-206) cases going on simultaneously over the last several years. Since this is such a commonly charged criminal offense, I've had to stop and ask myself why. It seems there are two reasons which explain why District Attorneys in high population areas like Denver or Douglas County, and in more rural areas like Weld, or Kit Carson County, often charge this crime.

Harassment vs. Free Speech - C.R.S. 18-9-111

harassment-vs-free-speech.jpgEveryone in Jefferson, Douglas, and Arapahoe County, and throughout Colorado, is protected by the Colorado Harassment statute, C.R.S. 18-9-111. But, like many laws, conflicts with constitutional rights often collide. This is not new! That is why law makers often put language into statutes which define the intentions of people. Words like "intentionally", or "willfully", draw a distinction in cases where someone may unintentionally do something. Trying to discern the intentions of a people can be a very tricky thing to do.

Contributing to the Delinquency of a Minor - Alcohol

alcohol-contributing-delinq.jpgWhen I was 16 years old, I remember my parents let me have a glass of champagne on New Year's Eve and occasionally, I could have a glass of wine when we went to fancy dinners to celebrate big occasions. I believe that my experiences as a teenager taught me how to have a healthy relationship with alcohol and not abuse it. Nonetheless, I would never allow my children to drink before they are of legal age because now the criminal consequences of doing so in Denver are extreme. The world has changed and parents can no longer allow children to participate in family celebrations when they involve alcohol because of how the government has infiltrated family decisions and criminalized such conduct with the charge of Contributing to the Delinquency of a Minor.

Choosing the Best Denver Criminal Defense Lawyer

When I am talking to prospective clients who have been charged with a crime or have a probation violation in Denver, Jefferson or Arapahoe County, they often question me as to whether I am a good lawyer. They ask about my success rate and how many cases I have handled. Since this is a difficult question to answer, let me offer readers some suggestions on how to locate the best criminal defense attorney for their case.

Hit and Run - Leaving the Scene of an Accident in Denver

hit-and-run.jpgLeaving the Scene of an Accident in Jefferson, Weld, or Arapahoe County is never a good idea. The greater the damage or injury to others, the worse it is for the person when they get caught. Police in Aurora, Littleton, and all over Colorado are bombarded with cases involving those that Hit and Run. But with cameras mounted on almost every intersection and throughout populated areas, more violators are getting caught.

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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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