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February 2015 Archives

Unlawful Sexual Contact in Colorado - C.R.S. 18-3-404

Generally, Unlawful Sexual Contact is the Least Serious Sexual Offense

Unlawful Sexual Contact is usually charged in Jefferson and Arapahoe County as a class 1 misdemeanor, but under certain circumstances it can be charged as a more serious class 4 felony.

Insanity and Competent to Stand Trial and Competency in Denver Courts

Competency Arises in Many High Profile Criminal Cases

Recently, mental health issues have been getting a great deal of attention from the media for both the role they play in criminal behavior and how the criminal justice system deals with people experiencing mental health issues. The issues of sanity, insanity and competency are carefully scrutinized.  Headlines have been dominated by the upcoming trial of accused Aurora Theater shooter James Holmes and the upcoming trial of Eddie Routh who is accused of murdering American Sniper Chris Kyle. Obviously, the facts of each of these cases are different, but in each case the mental health of the accused will be a central issue in the jury trial. One of the two main issues is Competency to stand trial. Read our prior blog on Insanity as a Defense in Colorado.

Colorado Juvenile Crimes Charges

As parents, when our children get in trouble, we naturally want to hold them accountable. Unfortunately, in the context of juvenile criminal law, how you as a parent hold them accountable is not how the justice system would. There are permanent, long term consequences to juvenile adjudications. In many cases, Colorado law has made it difficult for people with juvenile records to expunge those offenses after learning their life-lesson.

Habitual Criminal Laws Quadruple Sentencing Across Colorado

In Jefferson, Arapahoe and Denver County, the District Attorney may file or threaten to file Habitual Criminal charges to force a defendant to plead guilty - regardless of the strength of a new case - when the defendant has multiple prior felony convictions.  Otherwise, the defendant could have a really bad sentencing experience.

Theft Laws Analyzed by a Denver Criminal Lawyer

Theft cases under Colorado law, C.R.S. 18-4-401, have taken on a new look over the past year. Our Legislature recently adapted Colorado's Theft Laws by providing a much broader punishment sliding scale. Where past law only allowed four different classes of punishment, the Legislature expanded the range to nine. Theft is now chargeable as a Petty Offense all the way up to a class 2 Felony for serious embezzlement cases.

Menacing Charges - Denver Criminal Defense Attorney Help

Menacing in Denver, Adams, and Jefferson County is a crime that is constantly overcharged. Circumstances commonly involve allegations that someone committed an act which knowingly placed another person in fear of imminent serious bodily injury. The terms "imminent" and "serious" are really important. Beyond these key terms, the "act" could be completed by a threat or actual conduct. This crime can be charged as either a felony or a misdemeanor - both which have important consequences to anyone's future.

Possession of a Weapon by Previous Offender - Lawyer in Denver

We are routinely asked questions regarding gun ownership and Possession of a Weapon by Previous Offender in the Denver metro area. As an experienced gun rights attorney in Arapahoe, Douglas and Denver County and knowing how the law plays into unique situations, the answer can sometimes be convoluted. The crux of the question is "am I able to legally possess guns when I have a certain conviction or after I pled to this specific crime." The answer is based on the how the case concluded.

Why Jail Calls are a District Attorney and Police Officer's Dream

Inmate Phone Calls are Always Recorded

When our clients are in the Denver County Jail, the Jefferson County Jail, or the Adams County Jail, they experience difficult emotions surrounding their charges, their living arrangements and weakened family ties. Police and District Attorneys know this causes inmates and defendants in criminal cases to carelessly say important things about their case over the phone. As a result, they record every phone call from the Jail and save these recordings to use against the defendant - inmate later.

Public Indecency Lawyer in Denver - Often Charged

We are at a crossroad in Colorado, where our state representatives and senators have criminalized everything sexual. Public displays of affection are even at risk. Public Indecency in Douglas and Arapahoe County is at the bottom of the ladder in terms of sex offenses, but it is present. While we are glad a first-time offense for this crime is not recognized as a sexual offense which requires registration and sex offender treatment, beware that a second conviction will.

Colorado Search Warrants, the Inside Scoop

Behind the Scenes of a Warrant

All over Jefferson and Arapahoe County, Police officers and Sheriff's Deputies go see judges behind the scenes and request search warrants. I say, "behind the scenes" because you and I don't get to be present for this meeting - it is one sided. In an informal setting, usually in the judge's chambers, a cop tells the judge what they want, and if the judge thinks it is proper after reading an Affidavit for Search Warrant, he or she will sign the warrant. Read more about Arrest and Search Warrants.

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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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