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August 2015 Archives

Colorado's Enticement of a Child Law

There is never a good excuse for asking a child for sex. We can all agree on that. What we can't agree on is whether the government should be out trolling on the internet, setting up men and women for serious sexual offense charges. In over 25 years of criminal law practice, I can't think of one case where a man or woman asked a real child under 15 to meet for sex. In every case, police engaged in Entrapment activities to build their case of Enticement of a Child, C.R.S. 18-3-305.

Watch an X Rated Movie with a Child? Register as a Sex Offender

Colorado's sex offender's laws are a complicated maze which can make any experienced criminal defense attorney blurry eyed. On top of that, some of the rules and regulations men and women must live under in Denver and Jefferson County don't make any sense. Did you know, for example, that if you lend a sexually explicit magazine or watch a racy x rated movie with a child, you can be charged and convicted of Promotion of Obscenity to a Minor and be required to complete Colorado Sex Offender Registration?

Extradition - Out of State and Charged with a Colorado Crime? Need to Appear in Court?

Many times, friends from other states are visiting Colorado temporarily, and encounter police while here. They receive a charge for a crime and are told to be in court at a future date. We are asked whether the person must come back to Colorado to appear in court, or if they should just blow it off and not worry about it.  With a Failure to Appear in the Colorado court, you may run the risk of being arrested and having an Extradition case filed against you in your home state. Learn more about the Extradition Process and a Govenor's Warrant.

The Powerful Pain of Protection / Restraining Orders

Domestic Violence cases evoke strong feelings. Two people who have loved each other are at odds and emotions are high. The bonding which occurs through a sexual relationship is powerful. It cements a man and woman. A threak to break up that relationship is deeply hurtful and causes immense conflict between defense of the prior love and defense of self. In most cases, the sense of loyalty possessed by a couple will resurface following a Domestic Violence altercation. Domestic Violence Protection / Restraining Orders can be used for your benefit if managed correctly.

Colorado Department of Motor Vehicles, DMV Hearings

Hearings before the Colorado Department of Motor Vehicles, also known as the DMV, occur before hearing officers employed by the Colorado Department of Revenue. This is the same organization which oversees Automobile Dealer licensing and the Division of Gaming, among others. These hearing officers have the job of determining whether your driver's license should be revoked or suspended, for violation of Colorado law. We usually see hearings when someone gets a DUI, accumulates too many points, or wants a restricted license to drive to and from work. Read more about DMV License Hearings.

How Perjury is Charged in Colorado

As Denver Criminal Defense attorneys, we have seen Perjury charges arise in two classes: first, false statements while testifying in court; and second, affirming or stating something in writing on a government form, such as a voter registration. Depending on the severity of the Perjury, a person will be charged with either a felony or misdemeanor crime.

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

Unlawful Sexual Contact is a uniquely harsh misdemeanor with far reaching consequences. Unlawful Sexual Contact in Arapahoe or Jefferson County, Colorado is considered an extraordinary risk crime which means the maximum sentence is increased by six months in jail. It is also considered a crime of violence and may create special problems for non-U.S. citizens which could ultimately result in deportation if convicted. Read §2L1.2 of the United States sentencing guidelines. Most important, however, is that it is classified by the government as Unlawful Sexual Behavior, which means a conviction will make you a sex offender.

Is Talking with a Witness, Tampering, in Denver?

The Invisible Line to Witness Tampering

Too often in Jefferson and Arapahoe County, we hear of someone trying to help their criminal case or a family member's case, and they cross that invisible line between talking and Witness or Victim Tampering. The problem is that people should be able to talk to witnesses about their case or another's case. What is wrong with that? Certainly the police don't have a corner on proper investigation. In many cases I've been involved with, the police intentionally try and influence a person's testimony. I've even seen DHS or Social Services workers tell a woman that if she continues to support her husband in a case involving a child victim, they will take ALL of her kids away. That is certainly Witness Tampering. Read about the definition of Witness Tampering.

Criminal Defense Lawyer for Public Indecency, C.R.S. 18-7-301, in Douglas County

Public Indecency in Douglas and Adams County, is a crime that covers many different acts. The common thread to all of the allegations is that sexual conduct was performed in public. "In public" means it is reasonable to expect that a member of the public would see the act taking place. Many people are charged with this crime while only a few are actually guilty. Why? Because the elements of the crime are very difficult to prove and are left open to wide interpretation.

Prison and Jail Sentencing Ranges for Colorado Criminal Convictions

When men and women are convicted of a crime, at sentencing a judge must decide whether to give a prison or county jail sentence. Judges are sometimes required by the law or circumstances to impose a period of incarceration (county jail or prison) rather than probation. Here are some general guidelines on the sentencing ranges judges have to choose from.  Read more about Concurrent and Consecutive Sentencing when more than one conviction is possible.

Attorney for Charges of Sexual Exploitation of a Child, C.R.S. 18-6-403

Possession of child porn or pornography in Douglas County, Colorado is also called Sexual Exploitation of a Child. Being charged with having videos or pictures of naked children is a serious offense with serious consequences. However, not everyone charged with Sexual Exploitation of a Child is guilty. The District Attorneys in Denver or Arapahoe County treat these charges with special care, but often overlook vital facts that can prove your innocence.

Douglas County Vehicular Eluding Defense Attorney, C.R.S. 18-9-116.5

Imagine you are driving down the road and then there are flashing blue and red lights in your rearview mirror. You are on a busy road, so you wait to pull over until there is a turnoff from the main street. When the cop arrives at your door, he has his gun drawn. He starts yelling orders at you and telling you that you were trying to run from him. He states that his lights were on and he was following you for over a mile. Congratulations, you are now in a circumstance that many of our clients have faced. As attorneys who practice in Jefferson and Denver County, we see cases like this all the time called Vehicular Eluding. Read about a high speed chase Vehicular Eluding.

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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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