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May 2014 Archives

Public Indecency on 16th Street Mall in Denver

mall-public-indecency.jpgLast summer, I was taking a stroll down the 16th street mall after an event in Denver. To my surprise, I came across a group of topless women holding signs for women's rights. As a criminal defense attorney in El Paso, Adams, and Douglas County, I have represented many people who have been charged with crimes related to nudity. One criminal offense charged often throughout Colorado is Public Indecency - C.R.S. 187-301. I don't know whether the topless women on 16th street were aware, but they were walking a fine line. They could have been charged easily. Let's look closer at the crime of Public Indecency to see how a person can face acusations.

Burglary: Doggie Door Burglar Strikes in Douglas County

Doggie-Door-Bandit.jpgLate last year, an unusual alleged burglar was caught in Highlands Ranch. While she sounds like a character from a movie, this alleged thief wasn't labeled a cat burglar like the fellow in "To Catch a Thief." Instead, this woman is being called the "Doggie Door Burglar" because she allegedly gains entrance to homes in Douglas County through the dog doors of the homes. The woman has been charged with Second Degree Burglary - C.R.S. 18-4-203, Criminal Mischief - C.R.S. 18-4-501, and Theft - C.R.S. 18-4-401, among others. We hear the term "burglary" often, but many people don't understand exactly how a person is charged in Denver, Boulder, or Adams County. In this blog we'll take a closer look at this criminal offense.

Forgive us our First Degree Criminal Trespassing, C.R.S. 18-4-502

forgive-us-trespassing.jpgFirst Degree Criminal Trespassing, C.R.S. 18-4-502, is a class 5 felony in Denver or Douglas County. It is different from other trespassing charges based on entry into a residential structure, where lawmakers want to give special property status compared to nonresidence buildings like businesses.

College Graduates and Avoiding Criminal Case

college-graduates.jpgThe recent college graduation ceremonies of Metropolitan State University of Denver, the University of Denver, and CU Denver, are filled with tremendous optimism and excitement as young graduates complete their educations and seek employment. Don't let a criminal case short change all your hard work in college.

Colorado Theft Law, C.R.S. 18-4-401

theft.jpgTheft is a unique crime in Jefferson, Adams and Gilpin county, because the consequences of the crime vary widely depending on the value of the property that was stolen. Colorado's Theft statute, 18-4-401 criminalizes when a person knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deceptions; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and: (a) Intends to deprive the other person permanently of the use or benefit of the thing of value; (b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; (c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; (d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or (e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement (such as a rental car).

Douglas County Domestic Violence Theft Charges?

theft-domestic-violence.jpgAs crazy as it sounds, Domestic Violence charges in Douglas County and across Colorado, can be attached to any underlying crime, including Theft. Domestic Violence (DV) is not a criminal offense in and of itself. It is called a "sentence enhancer," and is located in Colorado law at C.R.S. 18-6-800.3. Here, the Colorado legislature has broadly written the law in order to enhance just about any crime involving two people who have been in an intimate relationship.

CYA - In the Colorado Prison System (DOC)

CYA.jpgToday, I spoke with a client after we successfully finished his Petition to Deregister as a sex offender. We discussed his recent experience with the Colorado Department of Corrections (Prison), Parole and sex offender treatment. In summary, my client reaffirmed my experience that everyone in the criminal justice system in Colorado is concerned with: #1 protecting their job, and #2 finding the easiest route to take in performing their job. Public safety is not top priority as rhetoric might suggest.

Felony Menacing in Colorado - C.R.S. 18-3-206 (1)

toy-gun-menacing.jpgBeing charged with Felony Menacing, C.R.S. 18-3-206(1), in Jefferson, Arapahoe, or Douglas County can change your life forever. Have you ever been so mad at someone you wanted to scare the..., you know what out of him? Of course you have, and so have I. Driving through Denver on I-70 or being in public situations where someone is rude can easily trigger thoughts of revenge. But what happens when a person plays with the idea too long and acts out on those thoughts?

Prohibited Use of Weapons Attorney / Lawyer in Arapahoe County

Prohibited-Use-of-Weapons.jpgYou've been charged with Prohibited Use of Weapons. How did this happen? Imagine you're drinking alcohol at your home; you own a pistol, and when the Sheriff's Department for Douglas, Arapahoe, or Jefferson County show up, they charge you with being drunk with a gun. It sounds rather ridiculous to assume that someone can be charged with drinking alcohol and having a gun in their possession while in the comfort of the person's own home! However, this type of constitutional abuse is taking place all the time in neighborhoods all over our great state of Colorado.

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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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