Fraud and Theft Lead to Serious Punishments

A Denver area woman convicted of conning family, friends and coworkers out of money by faking to have cancer is facing prison time and ten years of intensive probation.  The woman performed the nearly four year long ruse in order to bilk upwards of sixty thousand dollars out of people in order to support a prescription drug habit.

Those who were taken in by the very convincing and very alarming cancer ruse included not only fellow churchgoers and coworkers but close family friends and even the woman’s husband.  Also included among those duped by the woman was a coworker who was actually suffering from cancer.  As a result of the elaborate hoax the woman will spend three months behind bars and then ten full years under the very close observation of court imposed probation. While this is certainly an extreme case that involves many different variables, any case that involves fraud in order to coerce money out of unsuspecting individuals can result in the possibility of very serious penalties.

If you are facing allegations of fraud, forgery or deception you need the help of an experienced Colorado criminal defense attorney in order to ensure a favorable verdict.  Your Colorado criminal defense attorney can work to establish the most suitable strategy of defense for your particular situation.  Enlisting the help of an experienced Colorado criminal defense attorney will give you the best chance of facing the minimal charges when it comes to charges involving these very serious crimes.

No Luck yet Finding Drive by Shooting Suspects in Colorado Springs

Several shots were fired a little over a week ago in Colorado Springs but with very little in the way of solid leads and conflicting information from witnesses police are still struggling to track down the shooter or shooters.  Two different varieties of shell casings were recovered from the scene but law enforcement officials don’t seem to have much else to go on.

No one was struck by the gunfire but these suspects, if caught, will face some very serious charges and the possibility of some very severe consequences.  Colorado lawmakers have taken a very tough stand when it comes to violent crimes and have instituted penalties that would most certainly make violent criminals think twice about committing a violent crime again.  Despite the fact that there were no injuries as a result of this incident the suspects could face the possibility of decades behind bars if convicted.

Anyone who is accused of committing a violent crime with a deadly weapon would be well advised to enlist the help of an experienced and qualified Colorado criminal defense attorney.  The violent crime laws in Colorado are complex and have details that make them difficult to comprehend.  This fact alone makes attempting to defend yourself against violent crime or weapons charges a bad idea.

An experienced Colorado criminal defense attorney will work to establish the most plausible defense for your particular situation.  Having an experienced Colorado criminal defense attorney with you before and during your trial is the only way you can hope to achieve a fair trial and favorable verdict in a case involving a violent crime.

Man Accused of Placing Bomb in Colorado Mall Serve Life in Prison

Attempting to use an improvised explosive to destroy property and attempting to use an improvised explosive in relation to a violent crime are the charges the sixty five year old defendant will face when his trial begins later this summer.  The offenses carry a minimum sentence of thirty five years in prison and a maximum of a life sentence but at sixty fives years old the thirty five year minimum could certainly serve as a life term as well.

The possible penalties that the defendant will face if the prosecution can secure a conviction are a testament as to the seriousness of a violent crime committed in the state of Colorado.  If you are convicted on charges of a violent crime, especially if a deadly weapon or device is used during the incident you will certainly face some very serious jail time.

If a conviction is imminent the only real chance that this suspect will have of seeing the light of day outside of prison again is being able to strike a plea bargain with the prosecution though this suspects criminal history doesn’t necessarily bode well for leniency by the prosecution or the court system.

If you are facing charges of a violent crime in Colorado you need to consult with an experienced Colorado criminal defense attorney immediately.  A Colorado criminal defense attorney will know exactly how to proceed on your behalf in order to secure the best possible verdict from a trial concerning violent crime charges.

Gunfire from Car Could Result in Serious Penalties for Two Colorado Men

A single gunshot fired from a vehicle in the parking lot of Hill Park Apartments resulted in the arrest of two men who could face a battery of charges as a result of the incident.  Upon the stop police officers discovered cocaine and a semi automatic handgun and also recovered another semi automatic handgun which had been thrown by the driver from the moving vehicle upon leaving the scene.

Police are still in the process of investigating the situation but the suspects can expect to face drug possession charges, firearm possession charges as well as a host of potential violent crimes charges in relation to the shooting.  Each of these charges could individually result in mandatory jail time, very large fines and probation and when combined the possible penalties are most certainly increased.

Drug possession and violent crimes are two things that law enforcement officials and prosecutors take very seriously and the penalties associated with convictions of these crimes in Colorado are among the most severe in the country.  If you find yourself facing drug or violent crimes charges hiring an experienced Colorado criminal defense attorney is an absolute necessity if you hope to avoid suffering the maximum penalties associated with your charges.  An experienced Colorado criminal defense attorney will have the knowledge necessary to combat the most compelling evidence with a masterfully structured defense in an effort to get the charges against you reduced or possibly even dismissed.

Armed Robber Easy to Spot

A man that robbed the Colorado JC Penny store at gunpoint a few weeks ago would be very easy to pick out of a line up or to find in a crowd according to descriptions released by Colorado Springs police officers.  According to reports the man had red hair, a red goatee and plenty of tattoos, including a large tattoo on his neck containing a profane word – in other words, this suspect wouldn’t be very likely to fare well in court with a defense of mistaken identity.

Robbery charges in Colorado have some very serious consequences but when you add a gun to the equation the consequences instantly become much worse.  A Colorado armed robbery conviction can carry fines of up to $250,000 and a possible prison term of up to forty years depending upon the exact details of the crime.  Depending upon your age at the time of the alleged crime a maximum sentence could easily result in you spending the rest of your life behind bars.

If you are facing robbery, armed robbery or other violent crime charges in Colorado you need to hire an experienced Colorado criminal defense attorney.  An experienced Colorado criminal defense attorney will provide a detailed explanation of the charges against you and the possible penalties you could face and help you to determine the most appropriate course of action to follow for your defense.  Your Colorado criminal defense attorney will work to ensure that your violent crimes charges don’t have as much of a negative impact as they could on your life without the proper defense strategy.

Colorado Doctor Escapes Prosecution

A Colorado doctor accused of unnecessarily prescribing medicinal marijuana to an undercover police officer was officially cleared of the very serious charges of forgery and distribution of marijuana.  The undercover police officer complained of back pain, which isn’t necessarily a qualifying condition of receiving a prescription for medicinal marijuana.  At no point did the patient complain of severe pain, which would have been a qualifying condition for the recommendation.

The fact that we’ve got undercover officers posing as patients in an attempt to catch doctors who are authorized to prescribe medicinal marijuana in unlawful actions should send a clear message about the serious stand Colorado takes against the illegal sale of drugs.   Despite the fact that marijuana is legal in Colorado for medicinal purposes there are still some very serious repercussion for those caught and convicted of distribution for other than viable medical reasons.

If you are facing marijuana possession, cultivation or distribution charges in the state of Colorado you need the help of an experienced Colorado criminal defense attorney.  Just because you’ve been accused of a crime involving marijuana it doesn’t necessarily mean that a conviction on drug charges is imminent.  An experienced Colorado criminal defense attorney will be able to evaluate your unique situation to determine the defense strategies that may be available to you.  By using a deep seeded knowledge of the law your Colorado criminal defense attorney will be able to advise you on the best approach to having your charges reduced or dismissed and work to ensure that your rights are upheld throughout the course of your trial.

Shoplifting

Shoplifting is an act of larceny that involves taking property belonging to someone else without their permission and with the intent to permanently deprive them of their property. The punishment for shoplifting depends on the value of the items stolen. The higher the value of the stolen items or property, the greater the severity of punishment. You would face a much harsher penalty for shoplifting explosives or firearms than you would for shoplifting a few items of clothing. In general, shoplifting involves a) willfully taking or concealing items being offered for sale, and 2) the intent to deprive the owner of possession of the items without paying for them.

If you’re accused of shoplifting in Colorado, you need to get an experienced Colorado criminal defense attorney with experience in shoplifting cases to help you defend yourself and present your side of the story. You can be accused of shoplifting by simply concealing the items without attempting to take them out of the store. While it must be proven that you intended to take them from the store in order to be convicted, in many states simply concealing stolen items is enough evidence of intent.

Shoplifting in Colorado is either a misdemeanor or a felony depending the value of what you’ve taken. It is a Class 2 misdemeanor if the value of the stolen property is less than $500; a Class 1 misdemeanor if the stolen property is worth $500 to $1,000; a Class 4 felony if the stolen property is valued at $1,000 to $20,000; and a Class 3 felony if the stolen property is valued at more than $20,000.

A one-time impulsive act of shoplifting may result in a lighter sentence than a recurrent pattern of shoplifting. Having a Colorado criminal defense attorney in your corner may prevent you from suffering harsher consequences for your action than necessary. Your criminal defense attorney can explain the shoplifting laws and your rights under those laws, as well as ensure your rights are protected and you are treated fairly throughout the entire legal proceeding.

Disturbing the Peace

Every state has its own laws regarding disturbing the peace. Disturbing the peace generally refers to words or conduct that compromises public health, safety, morals and overall peace and quiet. It’s not a serious criminal offense, but it is punishable by a fine, jail time or both. If you’re charged with disturbing the peace in Colorado, you’ll need a seasoned Colorado criminal defense attorney with experience handling these types of cases. Your attorney can explain Colorado’s disturbing the peace laws and your rights under the law.

Some behaviors that constitute disturbing the peace include:

• Speaking offensively in a public place most likely to incite violence;
• Shouting in a public place with the intent to incite unlawful behavior or violence;
• Intentionally playing loud music at impromptu hours of the night even after being asked to turn it down or given fair warning;
• Fighting or trying to start a fight in a public place;
• Allowing your dog to bark excessively in a residential neighborhood;
• Assembling in public in a unlawful manner;

In order to be found guilty of disturbing the peace, the court must determine that your actions were willful or malicious. If a fight was involved, your actions must be determined to have been unlawful and not in self defense or in defense of another person. Your Colorado criminal defense attorney will review the events surrounding your arrest to determine if you actually committed a violation. Such details may include the location, time and place where the offense occurred, the actions or verbal exchange that took place and any physical altercations, if any.

Auto Theft in Colorado

694 attempted motor vehicle thefts and 11,488 completed motor vehicle thefts were reported in 2009, according to the Colorado Bureau of Investigation. Automobiles accounted for 82.4 percent of stolen vehicles. Trucks or buses accounted for 8.6 percent and other vehicles accounted for 9.0 percent.

If you are accused of auto theft, you want a Colorado criminal defense attorney with experience handling this type of case. Your attorney can advise you of your rights under the law and make sure you receive fair treatment. He will review the evidence to determine if your actions constitute theft and advise you of your defense options in the event you are charged.

Aggravated motor vehicle theft in the first degree occurs when a person knowingly seizes a motor vehicle belonging to another person without their permission or by deception or threat and:

• Retains control or possession of the vehicle longer than 24 hours;
• Attempts to alter the vehicle’s appearance;
• Attempts to remove or alter the vehicle identification number;
• Uses the vehicle to commit a crime other than a traffic offense;
• Causes more than $500 of property damage, including damage to the vehicle, in the course of seizing the vehicle;
• Injures another person while exercising control of or possessing the vehicle;
• Takes the vehicle out of state for longer than 12 hours; or
• Unlawfully attaches vehicle license plates on the vehicle other than those officially issued for the it.

Aggravated motor vehicle theft in the first degree is a Class 4 felony in Colorado if the vehicle has a value of less than $20,000; a Class 3 felony if the value is more than $20,000 or if the offender has been twice previously convicted of motor vehicle theft in the state of Colorado, any other state, the U.S. or any territory subject to U.S. jurisdiction. Aggravated motor vehicle theft in the second degree occurs if a person knowingly seizes a motor vehicle belonging to another person without their permission, or by threat or deception, absent of the aggravating factors involved in a first-degree offense. Second degree aggravated motor vehicle theft is a Class 5 felony if the value of the vehicle is more than $20,000; a Class 6 felony if the value is more than $1,000 but less than $20,000; and a Class 1 misdemeanor if the value is less than $1,000. A good Colorado criminal defense attorney will do all he can to get you the lightest sentence possible under the law while preparing you for the worst possible outcome.

Some Sobering Stalking Statistics

Stalking remains a serious problem in the US. According to the US National Center for the Victims of Crime, over a million women and nearly 380,000 men are stalked every year. A 2009 report issued by the US Department of Justice revealed more disturbing statistics.

• Fourteen out of every 1,000 individuals over the age of 18 became a stalking victim during a 12-month period.
• About 46 percent of victims experienced at least one unwanted contact on a weekly basis, and 11 percent of victims were stalked for five years or more.
• The risk for stalking were highest among separated or divorced individuals, at the rate of 34 per 1,000 persons.
• Women were at a higher risk for being a stalking victims than men.
• About 43 percent of stalking victims contacted police at least once.
• Of the stalking incidents reported to the police, 37 percent were male victims and 41 percent were female victims.
• One in four victims reported some form of cyberstalking. The most common form of cyberstalking was Email at 83 percent, followed by instant messaging at 35 percent. Electronic monitoring devices such as bugs, phone taps, GPS monitoring or video was used to stalk 1 in 13 victims.
• Approximately 46 percent of stalking victims experienced fear of not knowing what would happen next.
• Nearly three out of four victims knew their stalker.

A first offense of stalking is a Class 5 felony in Colorado. It is a Class 4 felony if the stalking occurred while a restraining order, parole, probation, injunction or any other court order was in effect against the stalker. Subsequent acts of stalking are also a Class 4 felony. If you stand accused of stalking, you will need a Colorado criminal defense attorney to present your side of the story. A Colorado criminal defense attorney can explain Colorado’s stalking laws and advise you of your rights and legal defense options.

Signs That You’re Being Stalked

According to a study conducted by the Department of Justice in 2000, 1 out of 12 women will become a stalk victim in her lifetime. Many stalk victims know their stalkers and brush off early warning signs until things escalate to a dangerous level. Identifying the signs of stalking early on can help you prevent becoming a statistic. Some signs of stalking include:

• Constantly crossing paths with the same individual at places you regularly frequent, or on more than one occasion you notice the same individual parked in your neighborhood when you come home;

   

• You start receiving multiple phone calls where the caller hangs up or says nothing;

   

• You notice a pattern of recurring unwanted contact;

   

• The same person starts following you at a distance and gathers information about you via online public records or online searches. He also may ask your relatives and friends about you;

   

• You start receiving gifts from a secret admirer with a romantic interest, and over time the gifts become of an inappropriate nature (i.e., sexually explicit) if you don’t reciprocate;

   

• You find yourself in a position of needing the stalker’s help. A stalker will create circumstances where they he is the only one you can turn to when you’re in a bind. An example is when your car breaks down and the stalker “just happened to be in the neighborhood.”

   

• The stalker uses emotional manipulation to get your attention, such as threatening to hurt himself or someone close to you;

   

• You start receiving emails, instant messages or private chat invitations from the same person;

   

• Your family and friends begin questioning you about potentially damaging information your stalker has shared with them and may even begin to shy away from you. This is how a stalker isolates his victim from loved ones.

   

• The stalker begins threatening you or someone close you, going as far as to vandalize your car or burglarize your home;

   

Repeated stalking is a Class 4 felony in the state of Colorado, which carries a 6-year prison sentence.

If you have been exhibiting any of the above behaviors, even as an innocent gesture, you could end up in a quandary that only a seasoned Colorado criminal defense attorney can get you out of. If you stand accused, a Colorado criminal defense attorney can advise you of Colorado’s stalking laws and your rights–yes, you do have rights–under those laws.

Life After a DUI Conviction

Choosing to drive under the influence of drugs or alcohol is choice that has a negative impact on more than your driving record. A DUI conviction has aftereffects that linger long after you’ve paid the fine or done the time. If you’ve been suspected of or charged with driving under the influence in Colorado, you need a Colorado DUI defense attorney who can explain the state’s DUI laws and advise you of your rights and defense options. Your DUI defense attorney will review the circumstances pertaining to your arrest and make sure everything was done according to the law.

A DUI conviction remains on your driving record for years, the length of which varies from state to state. In California and New Hampshire, a DUI remains on a driver’s record for ten years. In Alaska a DUI remains on a driver’s record indefinitely. The Division of Motor Vehicles maintains driving records that reflect last 7 years of activity, so in Colorado a DUI can remain on your record for up to 7 years depending on the date of the offense.

Plan on paying more for auto insurance. A DUI conviction automatically puts you in the high-risk driver group that makes finding low-cost auto insurance very difficult, not to mention finding an insurer who will even take you. If you do find an insurer, you will mostly likely be required to file an SR-22 form with either the state or motor vehicle agency. Drivers with DUI convictions on their record end up paying three to five times more for auto insurance than drivers with good records. Subsequent DUIs can get you dropped from an insurance company.

Your job prospects may diminish with a DUI on your record. Nowadays, companies do criminal or background checks that can go back as far as 10 years. No matter how polished your resume is, a DUI will send it straight to the reject pile. A DUI could abruptly end your employment if operating a motor vehicle is your primary duty or you work in an occupation that requires high-security clearance. If you work in Colorado and you’re arrested for a DUI, consult a Colorado DUI defense attorney immediately. You are required to inform your employer, but wait until after you speak with an attorney so you know your rights under the law and your legal recourse should you lose your job.

Drug Trafficking: Colorado’s Most Dangerous Drug Trend

Colorado is a favorite vacation spot for many people, one main attraction being its beautiful snowy mountains. Unfortunately, its proximity to eight interstate highways makes it a favorite point of contact for drug traffickers. Drug trafficking, particularly involving ice methamphetamine, has become Colorado’s most dangerous drug trend.

Drug trafficking is the act of transporting large amounts of illegal drugs for the purpose of illegally selling, distributing or delivering the drugs. It carries a far more severe punishment than drug possession. It is a felony, and penalties include stiff fines and long prison sentences.

In Colorado, the penalty for drug trafficking is a jail term of 5 to 40 years or longer for a first offense depending on the type and amount of drugs involved. Trafficking drugs on school grounds or involving minors in a drug trafficking operation is punishable by two to three times the penalty for a first offense. Running a drug trafficking operation of 5 or more people that derives a large amount of income carries a penalty of 20 years to life in prison. If the same operation results in the intentional murder of another, punishment is the death penalty.

Drug trafficking charges in Colorado should not be taken lightly. You will need a Colorado criminal defense attorney with a successful track record with cases of this nature. Your defense attorney will explain the law and advise you of your legal defense options. He will also advise of your rights under the law, make sure you are treated fairly during the entire legal process and prepare the best defense strategy for you.

Ignition Interlock Devices: Helping Colorado Curb Drunk Driving

Making the choice to drive under the influence in Colorado can end up being a costly one that leaves a serious dent in your wallet. A good Colorado DUI defense attorney will work hard to reduce your charges or get you a more lenient penalty. Repeated DUI offenses, however, may result in a court-ordered interlock restriction where you would be required to install an ignition interlock device (IID) on your car.

The device is installed onto the dashboard of the vehicle. The driver blows into the mouthpiece on the device before starting the vehicle. The IID reads the driver’s breath alcohol content or BAC level. If  the driver’s BAC is elevated, he won’t be able to start the vehicle. The driver will be given the option of taking a rolling retest where he can pull over or drive to another location to safely retake the rest. If the second test reveals a high BAC, the vehicle will start, but the result will be recorded by the IID.

Drivers convicted of a first offense DUI after January 2009 who have served 30 days in jail and been approved for early reinstatement will be under an interlock restriction for 8 months. A two-year interlock required is imposed on drivers convicted of a first DUI offense with a BAC of .17 or more and drivers convicted of a second or third DUI offense. Drivers who are Habitual Traffic Offenders and have one DUI conviction after July 2000 have a four-year interlock requirement.

Drivers who attempt to operate their vehicles without an IID or attempt to tamper with the functioning of the device can lose their driver’s license and driving privileges for a year. The devices are also expensive, ranging in price from $800 to $1,000. The choice is rather simple. Driving sober saves you a ton of money and keeps you out of trouble. Driving under the influence equals a retainer fee for a good Colorado DUI defense attorney and paying for an IID.

Colorado’s Stance on Sex Crimes

If you’re accused of a sex crime in Colorado, find a qualified Colorado criminal defense attorney immediately, even if you believe you are innocent. Because of the sensitive nature of these types of crimes and the tendency for the public to be more sympathetic to the accuser than the accused, you need to have someone who can present your side of the story. Your attorney will make sure you are treated fairly and that your rights are protected.

In Colorado, sex crimes include various offenses such as unlawful sexual contact, sexual assault, Internet sexual exploitation involving a minor, sexual assault on a child by a person in a position of trust, incest, indecent exposure, Internet luring of a child and failure to register as a sex offender. Depending on the nature, a sex crime in Colorado is a Class 2 to Class 4 felony. However, unlawful sexual contact by force, threats or intimidation, and indecent exposure, are Class 1 misdemeanors.

Sex offenders residing in Colorado are required by law to register as such, and they remain registered as sex offenders for life. Likewise, convicted sex offenders who receive probation remain on probation for the rest of their lives and must undergo sex offense-specific treatment as ordered by the court. Sex offenders are not allowed any contact with children under 18, including their own biological or adopted children. Failure to register as a sex offender in Colorado is a Class 6 felony if the offender was convicted of felony unlawful behavior and a Class 5 felony if it is the offender’s second or subsequent failure to register offense.

Because a sex crime conviction can affect the rest of your life, retaining representation by an experienced Colorado criminal defense attorney is imperative.

Probation Violation

Being sentenced to probation may seem like a slap on the wrist or a blessing in disguise, but it comes with certain conditions and terms by which you must abide. Violating those terms are not option unless you got money to throw away or you find the idea of spending time behind bars appealing. Violating probation can result in an extension of your probation period, a heavy fine or jail time.

Various actions can result in a probation violation. These may include:

• Failing to report to your probation officer at your scheduled place and time;
• Failure or refusal to pay court-ordered restitution or fines;
• Failure or refusal to honor a scheduled court appearance;
• Getting arrested for another crime or committing another crime;
• Traveling out of the state or visiting certain people or places without notifying your probation officer;
• Possessing, selling or using drugs

When an offender in Colorado violates the terms and conditions of his probation, his probation officer files a Violation of Probation, or VOP, with the court. The offender is entitled to a VOP hearing before the judge who originally sentenced him to probation. The hearing is done without a jury. The purpose of the hearing is to determine if the offender actually committed a probation violation. If the judge determines that offender’s actions constitutes a violation, he is found guilty of violating the terms of his probation. The offender is then sentenced according to the nature of the crime for which he was originally convicted.

Having a Colorado criminal defense attorney present is beneficial if you are charged with violating your probation. An experienced Colorado criminal defense attorney may able to convince the judge to delay sentencing under the condition that you are monitored to ensure adherence to the terms of your probation. If you satisfactorily fulfill the requirements of the probation, the judge will most likely put you back on probation. If you have subsequent violations, your probation may be discontinued and the judge may impose a jail sentence. Minor probation violations, such as failure to notify a probation officer of an address change, may be forgiven if your criminal defense attorney can convince the judge to give you another opportunity.