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May 2017 Archives

PreTrial Services in Arapahoe County Courts - What is Pretrial Services?

Pretrial-Services.jpgDenver Courts Pretrial Services and Pretrial Release

Prior to and following your arrest or appearance in Denver court, a judge can order PreTrial Services to investigate you. If you are still in custody and have not bonded out, courts want to know if there are any red flags to your reappearing in court after posting bond. Red flags include:

Dependency and Neglect: Kids Talking to Social Services / DHS in Jefferson County

Human-Services-Dependency-N.jpgDepartment of Human Services and Surprise Home Visits - Jefferson County Lawyer Explains

One group of people we should all fear is DHS. The Colorado Department of Human Services has the power to take your kids from you. If you offend their feelings, they'll do just that. Rarely do we see them concerned more with your kids than they are with their job security and feeling of importance. You need to know your rights when it comes to Social Services' surprise home visits in Dependency and Neglect Cases. What is a Dependency and Neglect Case?

Sex Offender DeRegistration in Arapahoe County - Lifetime Registration in Denver

Registration-Lifetime.jpgDeregistration as a Sex Offender? Some Crimes are Lifetime

There are some crimes which require lifetime registration in Arapahoe County and Denver. Maybe that makes sense in limited circumstances. But, Colorado, has gone WAY overboard on this issue and even requires lifetime registration for misdemeanors. Yes, it is a crazy world when our legislature does what victim's rights groups want and not what makes common sense.  Colorado Sex Offender Deregistration normally.

Statute of Limitations for Criminal Charges in Arapahoe County, Colorado? C.R.S. 16-5-401

Statute-Limitations-Colorad.jpgLimitations of Actions for Jefferson County, Colorado Crimes

When police wait too long to prosecute some cases, there is a decent chance the case may be dismissed for a violation of the Statute of Limitations. This is also known as the Limitation of Actions. Jefferson County, Colorado, has a statute which lists the general statute of limitations for classes of criminal cases. Of course, some more serious or politically charged case types do not have a statute of limitations and can be prosecuted forever. Let's look at some of the classes of crimes with similar Limitations of Actions periods. Statute of Limitations in Greeley, Colorado.

Right to Remain Silent: Fifth Amendment Privilege Against Self Incrimination

5th-Amendment-Right.jpg5th Amendment Right to Remain Silent in Arapahoe County Courts

In Aurora, Colorado courts, you have a right to remain silent, if what you say may lead to charges against you or other serious legal consequences. This is called your Fifth Amendment Right to Remain Silent. Without this right, you could actually be called as a witness against yourself. Can you imagine being forced to testify against yourself? Police Interviews and Your Right to Remain Silent.

Resisting Arrest in Douglas County, Colorado | Castle Rock Defense Attorney Advice

Resisting-Arrest-Colorado.jpgResisting Arrest  & Excessive Force Attorney in Castle Rock and Douglas County, Colorado

Resisting Arrest, C.R.S. 18-8-103, used to be reserved for men and women who kick, hit, and wrestle with an officer. Now, it is a means of punishment for those of us who want an explanation from a Douglas Sheriff Deputy, before they put the cuffs on. Many police officers in Parker and Aurora think they don't need to tell the arrestee anything but "put your hands behind your back". During my career as a criminal defense attorney, I have witnessed the use of excessive force many times, as officers cause this "crime" because they are jerks and won't talk with people.  They like to fight and cause the crime by acting like bullies. Officers need to stop the excessive force and talk with people.  Resisting Arrest and Excessive Force.

Obstructing a Peace Officer Lawyer in Adams County and Jefferson County, Colorado

Obstructing-Police.jpgObstructing a Peace Officer in Adams County, Colorado Court

Obstructing a Peace Officer is a term used to denote some type of interference of police or sheriff deputies in Adams County. It occurs only during an officer's performance of their lawful duty. Many officers wrongfully charge this crime when they get their feelings hurt if someone is unwilling to confess to a crime or assist the officers in proving a case against another. The charge should be reserved for actual physical interference. Obstruction of an officer or Obstructing a Peace Officer, is located at C.R.S. 18-8-104.

Sentencing for an Extraordinary Risk Crime - Douglas County Lawyer Explains

Extraordinary-Risk-Sentenci.jpgCastle Rock and Parker Extraordinary Risk Crime Defense Attorney

Some crimes have been classified as having an added risk level to the public - so much so that they are thought to deserve greater jail or prison sentencing. Instead of just a bad punishment, they get a really bad punishment. The key point is not to commit or to not plead guilty to these crimes, or you may get a longer prison / jail sentence. The best criminal defense lawyers know how to avoid facing this strict sentencing law. Colorado Court Sentencing Hearing.

Sex Offender Deregistration in Denver - What a Judge Wants

Sex-Offender-Deregistration.jpgDeregistration for Sex Offenders - What Denver Judges Value

It is generally known that Denver judges love their jobs. They get a great salary and no one usually tells them they are wrong. They don't want to lose their job and this has a direct translation to Sex Offender Deregistration cases. Judges look at every Petition to Deregister and consider how it might have an impact on their job security. Here are ways a judge will feel more secure in granting your deregistration order. Real life example of deregistration process.

DNA Sample for Felony Charges, Arapahoe County Defense Lawyer

DNA-Sample.jpgExpungement of Your DNA Sample in Jefferson County, Colorado, When Not Guilty or Case Dismissed

Colorado continues to go overboard when a person is charged with a felony crime. Note that I said "charged" with a crime - not "convicted" of a felony. So much for Colorado lawmakers believing a person is innocent until proven guilty. Now, everyone charged with a felony in Jefferson County and across Colorado must submit to the taking of a biological DNA sample. Then, your DNA is put into a huge database to search in the event future crimes are committed by anyone. Read more on lawyers and DNA Expungment and Sealing.

False Reporting and Falsely Accused Lawyer in Jefferson County Domestic Violence

False-Reporting-Falsely-Acc.jpgFalsely Accused of a Crime? How to Defend False Allegations and False Reporting

More today than ever, we see false reporting allegations against men in domestic violence or child sexual assault cases. Men do not seem to make false allegations near as much as younger women and girls. How do you defend these charges? First, you keep quiet. You just can't argue your way out of criminal charges and every word you say hurts your lawyer's chances of getting you off. Next, we look for untruthfulness and lying evidence from the accuser's life apart from you. Her ex-friends can help with this. Finally, we look for inconsistent evidence. Defending False Allegations.

Denver ASUDS Test for DUI / DWAI Sentencing - What is ASUDS?

ASUDS-Test.jpgThe ASUDS DUI / DWAI Assessment Tool in Denver Courts

Following a conviction of Driving Under the Influence in Denver, judges and probation officers want to learn what type of alcohol or drug dependency the defendant has. For example, why put the driver in a level 2 alcohol class, if they need alcohol therapy? ASUDS was created to provide DUI evaluators, probation officers and judges with a good DUI assessment tool. It is used as a tool in an alcohol evaluation. There, those convicted of DUI / DWAI take the ASUDS test. DUI / DWAI in Colorado.

Bias-Motivated Criminal Case & Hate Crimes in Denver, Colorado

Bias-Motivated-Crimes.jpgHate Crimes and Bias Motivated Crimes Lawyer in Denver Criminal Case

Bias Motivated Crimes, C.R.S. 18-9-121, are on the rise in Denver, Colorado. Crimes based on a person's color, religion, national origin, disability, or sexual orientation, in Denver District Court, Denver County Court and Denver General Sessions result in a criminal case of Bias Motivated Crimes. If someone is being charged with Harassment, C.R.S. 18-9-111, and it appears the defendant was motivated out of hatred toward a person for his religion, the charge of Bias Motivated Crimes will be added. A recent example can be found in the Coloradoan, where a Fort Collins man is facing Criminal Mischief, C.R.S. 18-4-501, and Bias-motivated Crime - also known as Hate Crimes.

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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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