Photo of Attorneys at Sawyer Legal Group, LLC
Photo of Attorneys at Sawyer Legal Group, LLC

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Jury Tampering in Denver Colorado | Court Judge Lacks Understanding of Free Speech – Criminal Defense Lawyers

On Behalf of | Dec 2, 2015 | Courts |

I never would have thought that giving out fliers to persons entering a court house could be charged as Jury Tampering. But, one judge ordered the man to be arrested on felony charges of jury tampering for handing out a jury information pamphlet. Free Speech rights dictate that the man should not have been charged, but apparently Michigan Judge Peter Jaklevic doesn’t understand the concept. And, as a former prosecutor, this judge is doing more than violating free speech rights. He is violating the separation of powers doctrine, where we have division of government. This judge is trying to assume Executive and Legislative Branch powers. The Judicial Branch has limited powers related to trying cases – not prosecuting them. At the direction of Judge Peter Jaklevic, it appears the prosecutor’s office failed to maintain their independence and refuse charges. This whole scene smells of a backwoods movie scene. Prosecutors charged the man with Jury Tampering, C.R.S. 18-8-609, a felony in Denver and Jefferson County. Communist dictators have something in common with this county government’s employees.

Jury Tampering is Overkill by a Judge and Whipped Prosecutor’s Office

It is nothing short of amazing that a man would be charged in the United States with Jury Tampering for handing out a pamphlet with a list of juror rights. If free speech under the United States’ First Amendment means anything, this judge should resign from his office for the integrity of our judicial system. Next, the good citizen who was arrested should be refunded his $150,000 bond money. Heavens, people charged with Murder or Sexual Assault get lesser bonds. Judge Jaklevic and a related magistrate are having a “little man syndrome” moment, ordering a bond that high for the allegations involved. This is nothing short of an abuse of power by an incompetent judge who should be removed from office.

What is Jury Tampering in Douglas and El Paso County?

Colorado statutory law defines Jury Tampering under C.R.S. 18-8-609 – as:

“(1) A person commits jury-tampering if, with intent to influence a juror’s vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.

(1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors.”

To be convicted, the government would have to establish for a jury that the man attempted to influence the verdict of a juror. Since the people given the pamphlets were not yet jurors, this will be an uphill battle. The DA should dismiss this case and a Federal lawsuit should be filed seeking damages.

What is the Sentence for Jury Tampering in Adams and Yuma County, Colorado?

Jury Tampering is charged as either a class 5 felony or a class four felony in the State of Colorado. Someone facing a class 5 felony can be punished by 1 to 3 years in the Colorado Department of Corrections. Under a class 4 felony, someone can be given a DOC sentence of 2 to 6 years in prison. That’s a lot of time for exercising one’s free speech rights.

If someone you know is being accused or charged of Jury Tampering, have them be smart, exercise their right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 for help. Together, we can protect their future.