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April 2017 Archives

Sexual Exploitation of a Child, C.R.S. 18-6-403 - Unforgiveable in Colorado

Sexual-Exploitation-Unforgi.jpgDefinition of Sexual Exploitation of a Child in Denver by a Defense Lawyer

Sexual Exploitation of a Child, C.R.S. 18-6-403, is charged in Denver County when someone is accused of causing, arranging, publishing, possessing, or permitting sexually explicit images of anyone under the age of 18 years old. It is a class 4 felony to engage in any of the above acts with the exception of possessing. Mere possession of child pornography is Sexual Exploitation of a Child in Denver County and is a class 5 felony. Read more on Sexual Exploiatation of a Child.

Domestic Violence and Protection Orders in Castle Rock - Scared Judges Overuse

DV-Protection-Orders.jpgDouglas County Protections Orders in a Domestic Violence Harassment Case

Judges are like anyone else - sometimes they love their jobs too much. Some judges love their job so much that they actually hurt men, women, children and marriages to protect their job. Of course, they won't admit this, but after 25 years as a criminal defense attorney, I see it more and more. Judges put Protection Orders in place in Domestic Violence cases, so they won't be at risk for criticism if a defendant decides to reoffend.

Conspiracy in Douglas County, Colorado and Arapahoe County - All it Takes is an Agreement

Conspiracy-Lawyer.jpgCastle Rock, Aurora and Littleton Conspiracy in Arapahoe County, C.R.S. 18-2-201

If you enter into an agreement to help one another commit a crime, you have become a conspirator. Another key element is that you must also have committed an overt act, which is done to further or to advance the underlying crime. The agreement does not need to be formal. While this all sounds intense, it's really pretty simple. Let's look at some examples of Conspiracy in Arapahoe County and Douglas County.

Sexting is a Felony for Kids - Changes in the Law Coming?

Sexting-Felony.jpgSexting and Sexual Exploitation of a Child in Jefferson County and Adams County

The Colorado legilslature is considering a new law aimed at the teenage habit of sexting in Jefferson, County, Colorado and Adams County.  While this conduct is currently a serious felony called Sexual Exploitation of a Child, it might become something more appropriate when kids are involved. 

Colorado Organized Crime Control Act - Over used and Misapplied

Colorado-Organized-Crime.jpgDenver Colorado Organized Crime Control Act Lawyer, "Not Meant for How it is Used"

Colorado's organized crime control act is said to be designed to stop gangs of criminals from ruling our streets. Instead, it is used for escalating the punishment against people who might be acting together to commit crimes. How big does your gang need to be to fall within the Colorado Organized Crime Control Act? Just 2. And that is the reason this law is ridiculous as applied.  Read more on the reach of COCCA.

Colorado Probation Sentence Lawyer, C.R.S. 18-1.3-202 | How to Survive a Sentence

Probation-Sentence.jpgProbation Requirements are Not all the Same in Douglas and Jefferson County, Colorado

It is not easy to survive every probation sentence in Jefferson County and Douglas County, Colorado. To do well on probation, the first thing you should know is that not all Probation is the same. In general, it can be unsupervised, supervised, or intensive. Just as their names imply, these three broad categories as listed become increasingly more restrictive. Within the broad ranges mentioned, there are also specialized probation officers (POs) who deal with juveniles, alcohol and drug offenses, sex offenses, and in some counties like Arapahoe, they may specifically deal with veterans or those who are mentally ill. If a war veteran qualifies for this kind of supervision it is called Veteran Court. For the mentally ill, there is this court too. More on Probation Officers.

Pornography - a Powerful Addictive Habit - Men's Accountability and Pornography Group in Denver

Pornography-Habit.jpgPornography Addictions Result in Crimes - Free Speech or Shackled Speech in Denver?

Many people feel that Pornography should remain legal. They set it up as a free speech issue. While we are strong supporters of the First Amendment, we are not so quick to say porn should not be regulated. Our opinion stems from the thousands of divorces which result from Pornography. It is based in the hundreds and hundreds of criminal cases we see where porn results in men and women involving themselves in sexual activity while under the spell of Pornography. It is influenced by the spread of STD's, sexting by kids and sexual assault of siblings. All in all, it is on par with regulated subjects like drugs and alcohol. The damage it does to people is real. Porn destroys.

What is Forgery in the Denver Area? A Criminal Defense Lawyer's Opinion

Forgery-Lawyer.jpgWhat are Fraud / Forgery Crimes in Douglas County? A Defense Attorney Explains

There are many Douglas County, Colorado and Denver Fraud related crimes under Title 18, Article 5 of the Colorado Revised Statues. Crimes of fraud include:

Obscene Material in Pornography - Denver and Douglas County, Colorado Lawyer

Obscene-Material.jpgWholesale Promotion of Obscenity to a Minor in Douglas County, Colorado - A Defense Attorney's Analysis in Colorado Pornography

A related sexual offense to Promotion of Obscenity to a Minor in Colorado, is Wholesale Promotion of Obscenity to a Minor, C.R.S. 18-7-102(1)(b). Wholesale Promotion of Obscenity to a Minor occurs whenever someone, knowing its content and character, wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material. To "wholesale promote" this pornography is different than to "promote" it. To wholesale promote means to "manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale." Wholesale Promotion of Obscenity to a Minor is a class 6 felony in Douglas County, Colorado.

Reckless Endangerment - Good Criminal Defense Attorney in Jefferson County, Colorado

Climbing-Reckless-Endangerm.jpgReckless Endangerment Lawyer in Lakewood, Arvada or Wheat Ridge, Colorado

For years, I have called Harassment the "catch all" charge for police when they don't know what to charge for an argument between two people - whether physical or not. The "catch all" charge for driving charges when an accident occurs is Careless Driving. For dangerous conduct which does not involve people driving or arguing, the catch all charge is Reckless Endangerment. It could involve launching a rocket which came down and hurt a house, throwing a rock which crashed through a car window, or the discharge of a gun or bow / arrow, in a back yard. The definition was left vague so that police officers in Jefferson County and Arvada could add it to a broad set of facts. Let's look at that definition.

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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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