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April 2014 Archives

Harassment in Colorado - C.R.S. 18-9-111

Harassment.jpgThe term Harassment (C.R.S. 18-9-111) makes my skin crawl. It is one of the most frequently used accusations when some people don't get what they want. I don't want to be cynical, and I know there are legitimate times when this crime should be charged. However, in my 28 years of practicing criminal law across Colorado and in the Denver metropolitan area, I have seen the Harassment statute abused by citizens, law enforcement, prosecutors, judges, and magistrates (you can even be accused of Harassment for online behavior).

Internet Luring of a Child Attorney / Lawyer in Arapahoe County (C.R.S. 18-3-306)

Internet-Luring-Attorney.jpgThe district attorney in Arapahoe, Jefferson, and Denver County take crimes of Internet Luring of a Child (C.R.S. 18-3-306) very seriously. To understand the gravity of the situation one can be facing when charged with this sex crime, a person needs to grasp what the crime is and what the potential punishments could be.

Possession of a Weapon by Previous Offender

pow-previous-offender.jpgPOWPO, also known as Possession of a Weapon by Previous Offender, makes it illegal for convicted felons to possess firearms. The prior felony could be either as an adult offense or a juvenile felony offense, resulting in an adjudication. In these scenarios, possession does not necessarily mean ownership, but instead means actual physical control over the firearm. The question of "possession" is usually a question for the finder of fact, i.e. the jury to determine.

Colorado Domestic Violence, C.R.S. 18-6-800.3

flamingo-domestic-violence.jpgDomestic Violence (C.R.S. 18-6-800.3), is not one specific crime in Denver, Arapahoe, or Douglas County. It is a special designation assigned to any crime where there is an act of violence, or a threat, against a person who is or was in a special relationship with the perpetrator. Domestic Violence includes any crime committed against a person or property, when used to control, punish, intimidate, or get revenge against someone in a current or past intimate relationship. Consider the following example.

Civil Protection / Restraining Orders Removal in Colorado - C.R.S. 13-14-108

protection-restraining-orde.jpgIt is not easy to get Protection / Restraining Orders removed in Arapahoe or Jefferson County, C.R.S. 13-14-108. Not long ago, I wrote an article on the various types of Protection Orders, also known as Restraining Orders. In that article I talked about how easy it is to get a judge or magistrate to grant one. Like other personal freedoms, it is easier to have rights stripped away than restored. As a long time Denver area criminal defense attorney, I have seen this happen with more than just Protection Orders. A good example is if your property is confiscated in an arrest. But, after you are found not guilty in places like Douglas County, you can wait months to get it back.

Criminal Mischief Attorney / Lawyer in Douglas County, C.R.S. 18-4-501

criminal-mischief-graffiti-.jpgIn the world of criminal law, Criminal Mischief is the crime that is misapplied by police most often. The District Attorney's Office in Arapahoe, Douglas, and Denver County will routinely attempt to charge you or a loved one with the crime of destroying someone else's property, no matter how it was broken. The best way to fight an alleged law violation is to understand the law and its weaknesses. In this case, it seems that the police often assume that if any property is broken, they can charge you with this crime.

Colorado Disorderly Conduct, C.R.S. 18-9-106, Easy to Get

alcohol-disorderly-conduct.jpgI did a quick internet search on Disorderly Conduct in Colorado and was shocked to see how many hits came up with people arrested for this crime. Denver Broncos, Colorado Rockies, several Colorado Buffaloes and C.S.U. Rams are on the list. And, they are not alone. Media trouble shooters, and ordinary everyday folks who could not keep their cool in ordinary life are also there.

Courts: The Hidden Costs of the Victims' Bill of Rights

court-cost.jpgThe citizens of Colorado have voted in a constitutional provision which has huge unintended costs on Colorado courts. Special interest groups lobbied the public with this bad law which costs millions of dollars to implement each year. As criminal defense lawyers, we see dozens of cases a year where innocent men and women can't get out of jail for days or weeks (at great cost to house them), because District Attorneys have not consulted with victims about the long list below.

Sexual Assault - Position of Trust, C.R.S. 18-3-405.5

position-of-trust.jpgColorado criminal statute 18-3-405.3, Sexual Assault on a Child by One in a Position of Trust, is the most severe of all Colorado's sexual assault charges involving kids. It has more severe consequences than our basic Sexual Assault on a Child, C.R.S. 18-3-405. This occurs because Denver and Arapahoe County law recognizes the vulnerable position of a child in the care of those in authority. Sexual Assault on a Child is charged as a class 4 felony. However, if it includes Position of Trust, the felony class is bumped up to the more serious class 3 felony.

Denver Medical Expert Witness & Serious Bodily Injury

super-witness-omalley-site.jpgWhether we need help at trial from a jeweler, a lawnmower repair technician, or a medical doctor, an expert witness can offer valuable information to a jury to help prove your innocence. In many of our criminal trials, we use an expert witness to testify concerning a central issue. The issue of Serious Bodily Injury ("SBI") often requires us to turn to a medical doctor or physician in Jefferson, Arapahoe and Douglas County.

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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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