My clients want results and love good news from their lawyer in their Denver criminal cases. They want hope and if necessary, a miracle. The last thing they want to hear is bad news about their case. This includes news related to the evidence, the law and a likely sentence. However, in criminal cases, all the news is not good news. When bad news arrives or when client expectations are not met, all too often they shoot the messenger.
Don't Shoot the Lawyer Messenger
Westminster Municipal Court - Public Indecency for Spitting?
What do you think of when you hear someone was convicted of Public Indecency in Westminster Municipal Court? Exposure of one's breasts or genitals? Lewd conduct harmful to children? Would you want a man or woman with this crime on their record working for you?
DWAI / DUI - Driving Under the Influence Treatment, C.R.S. 42-4-1301.3
Anyone convicted of Driving Under the Influence ( DUI ), or Driving While Ability Impaired ( DWAI ) in Arapahoe, Adams, or any County in Colorado, will, as part of their sentence, be required to take part in the Alcohol and Drug driving safety program. Recently, I have spoken with clients who have been confused over this issue, so I thought I would share some information with our blog readers.
Criminal Mischief in Denver - C.R.S. 18-4-501
Criminal Mischief, C.R.S. 18-4-501, is charged when someone knowingly damages property belonging to another person. This includes jointly owned property. If a Littleton, Colorado housewife intentionally breaks her dishes, which also belong to her husband, she may be charged with Criminal Mischief. This law also applies when property is in the possessory interest of another person. In other words, if a landlord in Aurora, Colorado intentionally damages his own property which is being rented to another person, the landlord can be charged with Criminal Mischief.
Road Rage Menacing - Colorado Felony and Misdemeanor
Calling the police about road rage is all the rage today. Did you know that most any expression of anger toward another driver in Denver may qualify for this potentially serious felony charge? The statute definition of Colorado's Menacing offense reads:
Disorderly Conduct (C.R.S. 18-9-106) Criminal Attorney & Lawyer
Whether in Arapahoe, Jefferson, or Douglas County a charge of Disorderly Conduct can ruin your life, job, and future. You could have a permanent record that will affect your ability to find housing and employment. You may have to do jail time which could cost you a job. Overall, the punishment for a Fighting in Public charge can be very costly. You need the help of an attorney with a
Prohibited Use of Weapons, C.R.S. 18-12-106
While Prohibited Use of Weapons is less serious than many felony gun cases, it still rises to the top of misdemeanor criminal offenses in Denver, Jefferson and Douglas County. DAs and judges worry that the use or involvement of a firearm runs the risk of serious bodily injury to others. For this reason, having a top criminal lawyer on your side is a must.
Internet Luring of a Child - We All Could be Guilty
Education, Mentoring or Helping a Child is Outlawed
Imagine talking to a niece about sexual things. She called and told you she has been embarrassed and teased at school for not knowing the meaning of some sexual phrases. She has come to you in the past and today you have a frank conversation with her over the internet at first and then by phone. Finally, you suggest the two of you meet at a restaurant in Littleton later that night. The law labels these sexual phrases "explicit sexual conduct," which includes "sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement." C.R.S. 18-6-403(2)(e). You never made any advances to your fourteen year old niece - you love her. You just want to be there for her because her parents are too busy with careers in Jefferson County. Plus, you are close to the family. You never imagined that you just committed a serious felony sexual offense called Internet Luring of a Child.
Sexual Exploitation of a Child and Peer to Peer Networks
What are Peer to Peer File Sharing Programs?
Peer to Peer, or P2P, file sharing sites such as Shareaza, BitTorrent, Ares, BearShare, Gnutella, Kazaa, Limewire, and eMule, are generally used for the transfer of files containing movies, music, videos and still photographs. Modern day systems across the world can operate without a central server, reducing their vulnerability to network shut down by a central server. With these programs, users create index files of content they wish to share with others. Users in Denver, Douglas County and Arapahoe County are able to search across the indexes of thousands of computers at once to locate desirable content. In recent years, that "desirable content" has increasingly been illegal pornography involving nude images of children, also known as Sexual Exploitation of a Child. Our top lawyers in Denver defend men charged with this serious crime.
Contributing to the Delinquency of a Minor: C.R.S. 18-6-701
A careful look at the Colorado Contributing to the Delinquency of a Minor statute, C.R.S. 18-6-701, should make anyone around kids nervous. In Jefferson, Arapahoe, and Douglas County, this crime is a serious class 4 felony. I am aware that many people in Colorado feel it is okay to make the consequences for this crime harsh. I want to protect children too, but I also want to be reasonable. Should we have the same punishment for an adult who encourages a child to litter as we do for an adult who encourages a child to take drugs? One size never fits all circumstances and this crime is the poster child for ridiculous.
Civil Protection / Restraining Orders Modification / Removal in Colorado
Trying to remove or modify a Civil Protection / Restraining Orders, C.R.S. 13-14-108, in Arapahoe or Jefferson County is not a simple matter. It wasn't long ago I wrote about the various types of Protection Orders (also known as Restraining Orders). In that piece I mentioned why judges are motivated to grant Civil Protection Orders. But, like a growing number of personal freedoms, it is easier to have them stripped away than it is to have your rights restored.
Clergy as Child Abuse Mandatory Reporters in Colorado?
A common misconception is that pastors, priests, rabbi and other clergy are mandatory reporters of child abuse (including sexual abuse) in Denver, Jefferson and Adams County, and across the state of Colorado. Let's look specifically to the law from C.R.S. 19-3-304. While "clergy member" is on the list of mandated reporters, immediately below their listing is the following:
