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Criminal Law DUI Castle Rock Law Firm Felony Crimes Misdemeanor Crimes Traffic Offenses Juvenile Crimes Sealing of Criminal Records

Driving Under the Influence of Drugs (DUID)

In Colorado, a driver is guilty of driving under the influence of drugs (DUID) when his ability to mentally or physically (or both) exercise clear judgment and sufficient physical control in the safe operation of his vehicle is severely impacted by his use of drugs. The punishment for a DUID in Colorado is the same as that for DUI or DWAI. The drugs involved in a DUID do not have to be solely illegal ones. Use of prescription or over-the-counter drugs can also affect a driver’s ability to safely operate his vehicle.

 

When you’re arrested for a DUID in Colorado, you are required to submit a blood or urine test. Even if a blood or urine test revealed the presence of drugs in your system, it does not automatically prove you committed a DUID. Some drugs can remain in your system days or weeks before you got behind the wheel, and unless drugs were found in your vehicle at the time of arrest, proving your guilt will be difficult for the prosecuting attorney.

 

The arresting officer also makes a written statement about your demeanor at the time of arrest, mistakes observed while you were driving, roadside test performance, any incriminating statements you made and any other relevant information. If you are ever arrested for a DUID, you need a Colorado criminal defense attorney with experience and a proven track record handling DUID cases. This is especially important because there’s a chance that the arresting officer in your case may not be a trained drug recognition expert or drug recognition evaluator (DRE). DREs are police officers who are specially trained to recognize impairment in a driver that is caused by drugs other than alcohol. A Colorado criminal defense attorney can use an officer’s lack of DRE knowledge to discredit his statement or prevent that officer from testifying on matters requiring expertise in drug recognition.

Some Facts About Medical Marijuana

Roughly 10,000 marijuana-related arrest occur annually in the state of Colorado despite having some of the most progressive marijuana laws in the nation. The state passed Amendment 20 in 2000, which legalized using marijuana for medical purposes without the risk of a fine or jail term.

Coloradans suffering from ailments such as HIV, AID, multiple sclerosis, epilepsy or any other medical condition characterized by seizures, muscle spasms or nausea can be prescribed medical marijuana to treat their conditions. Patients must register with Colorado’s Medical Marijuana Registry and apply for a medical marijuana registry ID card. Patients must also provide a statement from their physician that states how the use of medical marijuana would benefit the patient. Registered patients, or their caregivers, may possess up to two ounces of medical marijuana and can cultivate no more than 6 marijuana plants for medical purposes.

The registry received approximately 99,559 applications since it began operating in June 2001. seventy-one percent of the applicants were male, and the average applicant age is 40. More than a thousand doctors signed for patients under the registry, and 66 percent of registered patients have a caregiver. Severe pain is the most reported condition, with muscle spasms being the second most reported condition.

Non-medical use and possession of marijuana is against the law in Colorado. Penalties are contingent with the severity of the offense. Fines can range from $100 to $100,000 for possession and $100 to $1,000,000 for cultivation, sale and distribution. Jail terms can range from six months to three years for possession and 2 to 24 years for cultivation, sale and distribution.

Being a first-time offender can be a scary experience, but an experienced Colorado criminal defense attorney can make the experience less stressful. Your attorney can advise you of your rights under the law and make sure you are treated fairly. Under Colorado law, first-time offenders may be eligible for diversion programs and/or an alternative sentences that could result in probation and expunging of the charge off of your record once the sentence is completed.

Embezzlement

The legal definition of embezzlement is the theft of money and/or property by a person entrusted by another person to handle the money and/or property. It is classified as a white collar crime, and it typically occurs in corporate settings. It is also a crime that is not always as clear cut. A wrongful accusation of embezzlement can occur due to an accounting oversight or error. If you are facing embezzlement charges, a Colorado criminal defense attorney with experience with such cases can advise you of your legal options and help plan the best defense strategy for you.

Being accused of embezzlement can be extremely embarrassing for you and your loved ones. It can also cost you your job and ruin your character and reputation. The penalties for an embezzlement conviction include parole, probation, court-ordered restitution to victims, heavy fines, court-ordered counseling, loss of bonding privileges and jail time. Sentencing for embezzlement may take into consideration mitigating circumstances, community sentiment toward such crimes, degree of media attention and prior convictions if any.

In cases like these, the prosecuting attorney has the burden of proving that you abused your position in order to convert assets belonging to another person into your own. He must also prove that these assets were acquired via your employment with the firm or entity involved; that you manipulated or misappropriated these assets in a fraudulent manner; that you were entrusted by the alleging entity to handle these assets; and you acted with intent to deprive the entity or owner of these assets. Your Colorado defense attorney has the burden of creating reasonable doubt, which could result in reduced charges or acquittal.

Domestic Abuse Charges: The Consequences

The state of Colorado deals harshly with persons who commit domestic violence offenses. If you stand accused, a Colorado criminal defense attorney can explain the domestic violence laws in the state and make sure your rights are protected under those laws. While the criminal consequences of a domestic violence conviction can be severe, there are various civil consequences that can have a serious impact on your life whether you are convicted or not. Some of these consequences include:

False Domestic Violence Charges Are a Serious Matter

The state of Colorado has deals harshly with people accused or suspected of domestic violence. Usually an arrest is made at the scene where the alleged domestic violence took place, and the question of whether the charges are true or false are left up to law enforcement and each party’s legal counsel to decide. Time is of the essence when you’re accused of committing domestic violence, even if you are innocent. The longer you delay in getting Colorado attorney representation, the more of an impact false domestic violence charges will have on your life.

When you’re arrested for suspicion of or committing domestic violence in Colorado, you spend a night–or a weekend if the arrest occurs on a Friday–in jail. You or no one else, not even your spouse or significant other, can post bail until you go before a magistrate judge. You will be required to sign a mandatory restraining order to be released. Furthermore, once you’re arrested for domestic violence in Colorado, you get listed for life on the Colorado Bureau of Investigation and FBI National Instant Check system. Even if you are found innocent and cleared of all charges, it will take extraordinary steps to have your name removed from this list.

There are many reasons why a person would make false domestic violence accusations knowing fully the potentially damaging ramifications. Such reasons include:

A criminal defense attorney experienced in domestic violence cases will review all information pertaining to your case, particularly checking for any inconsistent statements or actions of your accuser.  If your attorney can establish a lack of credibility on the accuser’s side, it can get your charges reduced or even dismissed. Your attorney can also review the events surrounding your arrest to ensure the police actually had probable cause to make the arrest under Colorado’s domestic violence laws.

Why a Case Transfer to Adult Criminal Court May Be Better for a Juvenile Defender

Depending on the events and circumstances surrounding a case involving a juvenile accused or charged with a crime, trying the case in an adult criminal court rather than a Colorado juvenile court could increase the likelihood of a favorable outcome. Only a seasoned Colorado criminal defense attorney with a proven track record with juvenile court cases can best decide which would be the better option for his minor defendant.

A juvenile tried in adult court has the right to a jury, a right he would not have in juvenile court (in most states). Juries in adult court tend to be more sympathetic to a minor defendant. Juvenile cases may be disposed of more quickly and the sentences imposed may be lighter in adult court, especially in jurisdictions where jails and dockets are crowded. Trying a juvenile in adult criminal court, however, is not without serious potential downsides.

A juvenile defendant in adult court is subject to harsher sentences, including life imprisonment. Juvenile court offers a wider range of treatment and punishment options, such as counseling or imposition of a curfew, for juvenile offenders than adult court does. Being convicted as an adult carries more social stigma than being convicted in Colorado juvenile court. It is easier to have a juvenile court record sealed or expunged than it is for adult criminal records. In the state of Colorado, the record of a juvenile charged or convicted as a adult cannot be sealed or expunged.

A Colorado criminal defense attorney will present both the pros and cons of having a juvenile tried in adult criminal court instead of juvenile court, as well as potential outcomes of either scenario. He will advise of the best option for the youth offender while ensuring that his rights are protected through the legal process.

 

Colorado Juvenile Court: Waivers

A waiver is a process through which a juvenile case is transferred to adult criminal court and the protections provided by Colorado juvenile court is waived. Typically cases that are eligible for waiver are those involving serious crimes or repeat juvenile offenders. While an adult court provides more constitutional protections, it also carries more severe sentences and the possibility of life imprisonment.

In most states a youth must be at least 16 to be eligible for waiver to adult criminal court, in a number of states a minor as young as 13 could be subject to a waiver and a few states allow a youth of any age to tried as an adult for certain serious crimes such as murder. A court may grant a waiver petition and transfer a juvenile case to adult court if:

In Colorado, adult charges can be filed directly against a juvenile in certain situations even if he is younger than 18, or charges can be filed in juvenile court then transferred to the district court where the juvenile is treated as an adult. Charges filed directly can result in a juvenile sentence, a sentence to the Youth Offender System (YOS) or an adult sentence, depending on the nature and severity of the crime. A criminal defense attorney can explain Colorado’s laws regarding juvenile offenders, as well as a youth’s rights under the laws and his legal options.

A waiver petition is usually filed by the prosecuting attorney, however, a juvenile court judge may also initiate transfer proceedings. The youth offender is entitled to a hearing known as a waiver hearing (also called a certification or fitness hearing) as well as legal representation. The prosecuting attorney must be able to show probable cause that the defendant committed the alleged crime. Once probable cause is established, the judge then determines whether the youth defendant could be rehabilitated as a juvenile, taking into consideration the youth’s background, his Colorado juvenile court record and his willingness to undergo treatment in the juvenile system. If the case is transferred to adult court, it is in adult court where the case begins with the formal arraignment of the juvenile.

Colorado Juvenile Justice: What Happens in Juvenile Court

Being charged with a crime as a minor is a scary experience for both the offender and his parents. Not knowing what expect, as well as having very little knowledge of the law as it pertains to juvenile offenders, further adds to the stress. A criminal defense attorney who is experienced with juvenile cases can alleviate a lot of the stress and address many concerns. He can explain the law and make sure the defendant’s rights are protected through the entire legal process.

Minors usually end up in juvenile court when they commit an act that would be considered a crime if committed by an adult; they commit an act that is not a crime unless you are a minor, such as truancy or disobeying a parent, and; they suffer abuse or neglect by a parent(s). A juvenile case usually begins someone deciding what to do with a minor charged with a crime. This someone is usually a juvenile intake officer–usually a probation officer or a prosecutor. The intake officer decides whether to dismiss the matter and release the minor back into the custody of his parents; informally handle the matter; or file formal charges.

If the intake officer decides to handle the matter informally, the minor ends up appearing before a judge or probation officer. He may receive a stern lecture and/or be required to undergo counseling or attend after-school classes. He may also be ordered to make restitution for any damages, pay a fine, perform community service or go on probation.

If the intake officer decides to file formal charges, a petition is filed with juvenile court and the case is placed on the court’s calendar. The minor is formally charged before a juvenile court, whom may take jurisdiction or transfer the case to adult criminal court. If the case stays in juvenile court, the minor enters a plea agreement or faces trial. If the judge concludes that the youth is guilty of the charges, he then imposes a sentence. If the case transfer to adult court, the minor will be required to attend a fitness hearing to determine whether he should be tried as a juvenile instead.

Some potential sentences include:

Expunging a Colorado Juvenile Record

Expunging a record involves sealing the entire case file, including paper and electronic files. A person will need a court order to access the file. The state of Colorado allows expunging of juvenile records in certain cases, depending on the how much time has lapsed since the final deposition and whether the juvenile committed any further offenses within that time.

A juvenile may be eligible for expungement under the following conditions:

A juvenile is ineligible for expungement if:

The laws are less strict for juveniles, who can often request expungement sooner than adult offenders. You should consult with a criminal defense attorney who is familiar with the expungement process as it pertains to juveniles and who can advise you of the legal options available to you. Your attorney can file a petition with the court. The court will then set a hearing date, during which time a judge will ask questions, hear objections to your request and decide whether or not to grant your request. You should seek expungement of a juvenile record as soon as possible. The sooner a youth’s record is sealed and/or expunged, the less of an impact it will have on his future endeavors such as college, employment and even joining the military and the easier it will for him to put his past mistakes behind him.

Sealing a Colorado Juvenile Record

Sealing a juvenile record prevents it from being seen by anyone outside of the criminal justice system. Law enforcement and the courts can see it, but for anyone else it becomes nonexistent. In the state of Colorado, a youth’s record can be sealed if:

The petitioner was not convicted of a misdemeanor or felony or was not adjudicated as a juvenile delinquent since his release from parole supervision or since the court jurisdiction terminated;

A juvenile record cannot be sealed if:

A defendant is advised of his right to request the court to seal his juvenile record, and the court may initiate such proceedings. The petition for sealing the record must be done at the court where the record is kept. A hearing date is scheduled, and the court notifies the prosecuting attorney and any other parties who have information relevant to the record’s sealing. After the hearing the court orders the records sealed.
A petition to seal a juvenile record can be done once per year and only: 1) if a juvenile was not found guilty of the alleged offense; 2) a year after he completes a diversion program or a year after the date of his contact with police if he was not referred to another agency; 3) four years after court jurisdiction over the youth has terminated, or his release from his commitment to the Colorado’s Human Services Department, or his unconditional release from parole; or 4) ten years after court jurisdiction over the youth terminates or the youth is released from parole, whichever occurs later, if the youth was adjudicated as a repeat or mandatory juvenile offender and committed no further crimes.

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