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February 2014 Archives

Public Indecency in Colorado, C.R.S. 18-7-301

alley-public-urinating.jpgPublic Indecency (C.R.S. 18-7-301) is considered a minor offense, but it can be a major problem if you are charged in Aurora, Littleton, or Parker Colorado. These municipalities all have laws prohibiting Public Indecency. Even if a person is not charged in city court, this Colorado statute makes it possible to be charged with this petty offense anywhere in the state.

In a Criminal Case, Do Desperate People Do Desperate Things?

desperate-people-desperate-.jpgYes, sometimes desperate people act irrationally, like trying to make something happen in their Assault, Harassment or Domestic Violence criminal case. Generally, this results in a violation of the Protection / Restraining Order charge, the commission of a new offense, or spoiling a witness. You can avoid this tendency by hiring someone you really trust, and then staying out of their way.

Colorado Criminal Impersonation, C.R.S. 18-5-113

impersonation.jpgThis Colorado crime can only be charged when 1) someone pretends to be another person, and then 2) does something on a prohibited list, while in that "pretend" capacity. In its definition, Criminal Impersonation includes a list of all the prohibited things which cannot be done while pretending to be someone else. The list includes:

Is an "Attempt to Commit a Crime" so Bad?

criminal-attempt.jpg"Well, I didn't actually do it." I've heard this before when new clients come to my office. What they don't realize is that Attempt to commit a crime can be nearly as bad as doing it. Imagine the bank robber caught in the act. Or picture the employee caught forging a payroll check to a nonexistent employee. In each instance, Colorado law looks to our Criminal Attempt law: C.R.S. 18-2-101.

Sexting and Texting with Pictures of Nudity

sexting-texting.jpgThe Sexting craze continues, as kids think they are in a private setting when sending nude or naked pictures of themselves to friends over cell phones. In reality, they are inter-connected to a spider-web of thousands of cell phones and internet sites all over the world. In under a second of carelessness, a friend (or exfriend) can forward the photograph around the world - and to every faculty and student member of the local high school.

Social Services / Department of Human Services Trails Database Listing

social-services-dhs.jpgSocial Services is now called the Department of Human Services in Colorado. Social Services had such a bad reputation that it was time for a name change. Each county in our state, from Mesa County on the west, to Cheyenne County on the east, to Larimer County on the north, and to Costilla County in the south, has a locally run DHS office. State money is channeled through the state Department of Human Services to the county level programs. Each county branch of DHS is tied together through the Trails database.

Internet Sexual Exploitation of a Child - Really?

sloppy-laws-internet-sex-crimes.jpgI freely admit that I sometimes take Colorado law to the extreme. That's because "truth is stranger than fiction", as the saying goes. Take Colorado's Internet Sexual Exploitation of a Child, for example. Detailed at C.R.S. 18-3-405.4, this law says it is a class 4 felony for someone 4 years or more older than a child under 15, to invite the child, through electronic media like a phone, text, or computer, to touch their intimate parts while communicating, or to view the intimate parts of the older person. Intimate parts is defined as, "the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person." C.R.S. 18-3-401(2).

Sexual Exploitation of a Child, C.R.S. 18-6-403

poker-exploitation-of-a-chi.jpgClients are sometimes confused trying to understand what Sexual Exploitation of a Child actually is. So, I thought it would be worthwhile to explain what it takes to be charged with this crime in Denver, Jefferson, or Adams County. Most of the language in the Colorado Sexual Exploitation of a Child Statute, C.R.S. 18-6-403, is spent defining terms. These definitions are extremely important, and yet prosecutors will charge people with this crime even when the definition does not fit nicely. Deputy District Attorneys in Arapahoe, Douglas and Weld County will often bring charges hoping to bluff a defendant into pleading guilty or hoping a jury will overlook key elements of the crime.

Drugs Like Heroin and Other Colorado Addictions

heroin-drug-addiction.jpgWe often see lives enslaved by drugs, alcohol and pornography at our law practice.  Our clients are charged with doing crimes they would never have done if not under the influence.  Some sentences, like those for sex offenses, can last a lifetime.  The damage done by drugs and alcohol often last just as long.  Here is a somber poem I received in an email today which expresses the tremendous power of Heroin:

The Essentials of Enticement of a Child in Colorado

enticement-child-essentials.jpgI am not one of those blind government workers who say kids don't lie about important things like sex. Children make false allegations all the time, and they are becoming sophisticated at lying. Once the matter gets to trial, Victim's Advocates train kids what to say and how to say it. in Jefferson, Arapahoe and Douglas County, Enticement of a Child, C.R.S. 18-3-305, is a sexual allegation crime where district attorneys apply little scrutiny.

Should you Allow Police into Your Home?

do-not-disturb.jpgYou should never allow police inside your home when they come by to talk. They are not there to help you. They have come to see if they can gather evidence against you to charge you with a crime. Why give them the opportunity? Here are specific reasons why you should keep police in Denver, Lakewood and Aurora on the outside of your house or apartment:

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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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