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October 2014 Archives

Burden of Proof in a Criminal Jury Trial: Who has it and What is it?

A Criminal trial is a contest, with a winner and a loser. The People, or the Plaintiff, bring the charges against a person known in the system as a defendant. The defendant seeks a not guilty verdict or an acquittal at trial. In order for the government to win and get a guilty verdict, they must convince the jury of the defendant's guilt (never agree to have your case tried to a judge - always insist on the biggest jury possible). But how much proof is necessary?

Historical Changes - DAs, Courts, and Police Scared of News Media

While this blog is not directly on point with any criminal offenses like Sexual Assault, Robbery or Theft, I thought it was important to educate our blog readers on a disturbing trend I see over and over. Judges, District Attorneys and Police in Arapahoe and Douglas County are more afraid than ever before, of complaints from victims. Perhaps this is due in part to the Victim's Bill of Rights in Colorado. More so, though, I think it is due to the media. The worst fear of DAs, Courts, and Police is that the media will publicize a tragic situation and blame it on that agency or employee.

Sexual Assault - Class 1 Misdemeanor, Class 4, 3, or 2 Felony?

A person charged with Sexual Assault in Denver, Douglas, or Arapahoe County may be faced with a misdemeanor, or up to a class 2 felony. The class of crime charged depends upon the circumstances of the case and determines how much is at stake. In most cases though, there is limited physical evidence and whether you win or lose depends on who's version the jury believes.

Posting a Private Image for Harassment in Denver

posting-images-for-harassment.jpgPosting sexually explicit photographs of someone online, without their permission is a crime in Denver, Boulder and El Paso County and across the state. While previously, this crime would be charged as Harassment or Invasion of Privacy, Colorado now has a new law that applies specifically to what popular media has termed "revenge porn." Essentially, revenge porn involves posting sexually explicit media publicly, without the consent of the person in the media. The most common scenario involves ex-partners posting pictures, that were originally taken consensually, online in order to shame or embarrass the person.

Burglary, C.R.S. 18-4-202 Attorney for Douglas County and all Colorado

Burglary charges in Douglas, Denver, and Arapahoe County are serious charges that can have serious consequences and it is always in your best interest to hire a criminal defense lawyer to help fight against the government. Breaking and entering into someone else's property is defined by statute in several different ways and each crime has its own potential punishments. Let's take a look at each of these in turn, so you are fully equipped in the future.

Sexual Exploitation of a Child Attorney in Denver

Sexual Exploitation of a Child, C.R.S. 18-6-403, involves the possession of child pornography. Whether child nudity equals child pornography is a tough question for most law enforcement officers and deputy district attorneys. We have seen an increasing tendency in Denver, Jefferson and Arapahoe County for police and DAs to charge men with Sexual Exploitation of a Child for any image involving children - even when nudity is not present.

Why Being Charged with Sexual Assault on a Child is Terrifying

I recently had a dream where I was accused of Sexual Assault on a Child. It was similar to many of the cases I have worked on the past 23 years. A child made an accusation, and charges arose. Like the real world, there was no physical evidence of a crime, since only a touch is necessary to commit the offense (even over clothing). Proof is not necessary in Denver, Jefferson and Arapahoe County. All you need is a child making the accusation, and you are arrested and charged by criminal complaint. In most cases, you are told to move out of your house and have no further contact with children - even you own. District Attorneys and judges have no mercy.  This is a terrifying combination.

Criminal Extortion & Aggravated Extortion, C.R.S. 18-3-207

In Colorado, Extortion occurs when someone attempts to persuade another to not do a legal act or to do a legal act, by making a "substantial threat" to confine or restrain, cause economic hardship, or bodily injury to, or damage the property or reputation of the threatened person or another. Imagine this: "you let my son play first-string basketball, coach, or I will make sure your wife is fired from her job. Just to prove to you I have the power, I arranged for your wife to get disciplined for stealing from the petty cash drawer!"  Here is a real life example of Extortion charges in Pitkin County.

Denver Criminal Trespass Attorney, C.R.S. 18-4-502

Many people are charged with trespass or trespassing in Denver, Jefferson, or Arapahoe County and need the help of an experienced criminal defense lawyer to fight against the government. Trespassing is a crime that has varying degrees of punishment. For example, a person's charges will be affected by the type of land the trespassing allegedly takes place on. How do the police do this? The designation of the land, as commercial, agricultural, or residential, determines the charges.

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

One Baltimore football player has singlehandedly increased Domestic Violence (C.R.S. 18-6-800.3) reports throughout the United States by 84%!. I find that remarkable. According to a Huffington Post article, the video, released by TMZ, of a popular running back hitting his girlfriend has created so much public outrage that Domestic Violence reports have gone from 500 to 600 calls per day to over 1,000 phone calls a day. This results in a tremendous expenditure of government resources across the U.S. and in Denver, Jefferson and Douglas County.

Accessory to a Crime in Denver and Across Colorado

When trying to understand the criminal offense of Accessory to a Crime, located at C.R.S. 18-8-105, you need to consider whether it would be in society's best interest to allow people to help others avoid arrest or conviction for a crime. Imagine a world where sophisticated businesses helped others hide from police and escape capture following the commission of a crime. It would present quite a problem for law enforcement, and provide incentive for persons to commit criminal offenses.

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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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