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May 2015 Archives

Felony Sentencing and Sentences for Colorado Crimes

Colorado has a Sentencing scheme set up to punish the more severe crimes like Murder, Sexual Assault and Kidnapping, more severely.  These are typically classified in Jefferson and Adams County as class 1, class 2 and class 3 felonies.  Less serious felony crimes like Menacing, Assault and Forgery may be classified as class 4, class 5 and class 6 felonies.  Read more about Concurrent vs. Consecutive Sentences.

Denver Sexual Assault Charges - Can a Lawyer Make the Difference?

I cringe when someone calls about a Sexual Assault charge in Jefferson or Arapahoe County. Why? Because these cases develop a life of their own, usually based in a broken relationship. Plus, these matters don't generally involve physical evidence - just an accusation. Unfortunately, District Attorneys and City Attorneys across Colorado don't hesitate in these situations and routinely file cases on the word of their "victim" alone. No proof required. Men feel helpless as the full weight of our government is pressed against them. And, the stakes could not be higher as prison sentences can be for a lifetime if convicted of Sexual Assault.

Colorado's Mandatory Reporters, C.R.S. 19-3-304

Did you know that certain persons listed in a Colorado statute are required to report any suspected child abuse to police or the Department of Human Services? This law, listed a C.R.S. 19-3-304, is a windfall for police and social services, but a huge loss for the privacy and health of men, women and kids across our state. Seeking to charge more men and women in Denver and Jefferson County with Child Abuse, C.R.S. 1818-6-401, Colorado's lawmakers have forgotten about the very people they are supposed to protect: children.

Denver Area Indecent Exposure - A Cry for Help, C.R.S. 18-7-302

When a person commits the crime of Indecent Exposure in Jefferson County, C.R.S. 18-7-302, could it be they are crying for help? Maybe they are just expressing themselves? What you read below will surprise you. Unfortunately, in our state the knee-jerk reaction of our government is to thoughtlessly impose permanent public shame and punishment on someone for revealing their private life.

Manslaughter in Denver and Across Colorado - A Broad Crime Classification

Colorado District Attorneys love crimes whose terms are not too specific. That way, they can make them apply to a wide variety of circumstances. Colorado's Manslaughter charge, listed at C.R.S. 18-3-104, is one of these crimes.

Colorado Immigration Deportation Consequences of Criminal Convictions

Did you know that if you commit certain crimes in the state of Colorado you could be deported by the U.S. Immigration and Customs Enforcement, ICE, agency? Unless you are a citizen, your immigration status is always in jeopardy when you are involved in a Colorado crime. So, if you are here illegally without papers, legally on a work visa, or legally under a permanent resident green card, being accused of a crime is a big deal. Let's talk about the types of crimes which make you susceptible to deportation by ICE and what you should do to protect your future. Read more about Domestic Violence and ICE Deportation.

Forgery Across Colorado, C.R.S. 18-5-102 - A Good Law?

I just spoke with a Denver woman who had two $600.00 checks, $1,200.00 total, deducted from her bank account. The problem is that she did not write either check. Fortunately, she was regularly checking her bank statement and noticed the problem. She promptly notified her bank and the deducted money was credited back to her account. Police were notified and an investigation is underway. This is a clear cut case of check fraud, or Forgery, C.R.S. 18-5-102, as it appears the people presenting the checks stole her account number and created checks from scratch.

Colorado Sex Offender Registration - Is it Really Necessary?

Only the most paranoid have actually looked at the sex offender registry described at C.R.S. 16-22-103. This tool was touted as critical to the safety of citizens, yet it mainly serves as a tool of persecution. Grab a woman's butt in the bar after too much to drink, and you are on the list for Unlawful Sexual Contact in Denver County. Peep in someone's window for fun, and you are on the list for Invasion of Privacy for Sexual Gratification in Jefferson County. Walk around your bedroom naked and if someone sees you through an open window, you are on the list for Indecent Exposure in Douglas County. What's the point? Click Here to Read More on Colorado's Confusing Sex Offender Registration Laws.

Invasion of Privacy for Sexual Gratification - Too Tough

Invasion of Privacy for Sexual Gratification, located at C.R.S. 18-3-405.6, is a relatively new law. It is essentially Colorado's Peeping Tom law and can be charged as a misdemeanor for a first offense, or as a felony for: 1) a second offense or 2) when the person observed is under fifteen years old. In this case, a felony is not warranted. In Adams and Arapahoe County, Invasion of Privacy for Sexual Gratification is also a sexual offense and if convicted, you will have to register as a sex offener.  Read here for more examples of Invasion of Privacy in Colorado.

How to Succeed at Colorado Probation - C.R.S. 18-1.3-202

How does a person succeed under a Probation sentence in Denver or Arapahoe County? By keeping humble and trying hard. Now for the details. All probation is not equal and the kind of probation granted will depend mostly on the crime. Probation can be supervised or unsupervised. It may involve very restrictive rules such as no contact with children or a requirement to vacate a residence. In Jefferson and Douglas County a person given probation for most any sex offense will be placed on Sex Offender Intensive Supervised Probation, ISOIP, which is much more restrictive than any other type of probation. Any probation requires effort on the part of the probationer.

Reckless Endangerment - Colorado's Wild-Card Law

One of the most charged, and unpredictable crimes in our state, is Reckless Endangerment, C.R.S. 18-3-208. I say "wild-card" because you can't always predict when your conduct will result in this charge. With other crimes, if you do something, like stealing or trespassing, you know the risk you are taking. But, not with Reckless Endangerment.

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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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