The 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...
Charged With A Crime? It Doesn’t Mean You’re Guilty.
Month: January 2014
Sexual Assault – Consensual Sex is Often Charged
I 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...
Boob Scoops & Butt Grabs: Unlawful Sexual Contact Charges by Juveniles
Unlawful 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...
Criminal Defense Attorneys Who Favor Plea Bargains
I 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,...
Colorado’s Indecent Exposure – C.R.S. 18-7-302
I'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...
Is Trespass too Easy to Charge?
Did you know that little or no evidence is required to get charged with Trespassing or Trespass in Colorado? This is another of those charges where an angered ex or a nasty neighbor can call police and charge you with either a felony or misdemeanor on their word...
Prohibited Use of Weapons – Is Possible Harm a Crime?
Have 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...
Menacing Basics and Jury Hype – C.R.S. 18-3-206
I 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...
Harassment vs. Free Speech – C.R.S. 18-9-111
Everyone 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...
Theft, Embezzlement and White Collar Crime
Generally, theft involves taking the property of another, without authorization, with no intention of returning it. In Colorado, it is classified based on the value of the goods, money, or services taken, C.R.S. 18-4-401. Similar to the crime of criminal mischief,...