Woman to Stand Trial for Killing Baby With Breast Milk

A judge recently ruled that there was enough evidence for a 26-year-old woman to stand trial on charges of child endangerment and involuntary manslaughter in the death of her son, as reported in a recent Times-Standard report. The woman is accused of killing her six-week-old son with methamphetamine-laced breast milk as a result of using the drug while breastfeeding. She faces nine years in jail if convicted.

The woman was arrested while in police custody for a probation violation for a previous conviction. There was a two-month investigation leading up to her arrest, after her son was rushed to the hospital because he was not breathing. Toxicology and autopsy results later revealed the cause of death was methamphetamine toxicity. The woman’s then 19-month-old daughter also tested positive for methamphetamine. Child Welfare Services has since taken the child into protective custody. The woman tested positive for the drug while she was six-months pregnant with her son, according to court documents. She later admitted using the drug during her pregnancy and after the birth of her son.

The woman had posted bail in this case, but was later arrested again after violating probation by testing positive again for methamphetamine. She is currently being held without bail.

This woman would get no sympathy in a court of law in any state, much less Colorado. However, if this trial was to be held in Colorado, her Colorado criminal defense attorney would see to it that she receives fair treatment under the law. He would map out a solid defense strategy, regardless of his own personal feelings on the matter. He would also explain the laws to her in a way she can understand and be totally straight about the harsh penalties she faces. She would face a very long prison sentence for the combined manslaughter and child endangerment charges. Being a repeat drug offender would make her Colorado criminal defense attorney’s work that much harder, but she could be assured that he would give her nothing less than his best effort.

Teens Arrested in Woman’s Death

Two 19-year-old Jacksonville men were arrested and charged as accessories for their involvement in the shooting death of a 20-year-old woman. A recent News4Jax story reported that one of the teens turned himself in after Jacksonville police issued a warrant for his arrest. The second teen was arrested later the same day.

The 19-year-old shooter had already been arrested and charged with manslaughter after the woman’s body was found in a wooded area. According to police, the suspect claimed he accidentally shot the woman during a struggle over a gun after he and the woman left a local nightclub. The suspect also turned in the murder weapon to the police. The suspect admitted that he dumped the woman’s body after she was killed.

The victim’s mother and twin brother do not believe the woman’s death was an accident and wants those who were involved in her daughter’s death to pay. The victim’s mother planned on starting a foundation in her daughter’s name. She also wants to reach out to middle and high schools in the area to speak to students about making good choices and the importance of associating with the right people. She feels if her message reaches just one person, her daughter will not have died in vain.

Manslaughter not only changes or ends the life of the victim, but that of the offender. These young men are undoubtedly facing long prison sentences in Jacksonville, just as they would in Colorado. Manslaughter is a felony in Colorado, with a prison term of up to six years. A lot can happen in six years, and for a young life that’s just beginning, that’s six years too many. A Colorado criminal defense attorney can advise as to the best defense strategy for his client, but he there’s only so much that even the most seasoned defense attorney can do. One thing is for certain–a Colorado criminal defense attorney will ensure that your legal rights are respected and that you are fairly, regardless of the charges you face.

State Criminalizes Internet Dissemination of Distressing Images

The state of Tennessee recently passed a new Internet crime statute that makes it a crime to send disturbing messages to another person. A recent U.S. Politics Today report states that under this new law, law enforcement will gain access to suspects’ online activities from Internet providers and social networks as part of their investigation. This expands on the states current harassment law that makes it illegal to merely target an individual via electronic means.

A person will be charged with a Class A misdemeanor if communicate with a targeted individual by knowingly sending electronic messages or images in a manner that will intimidate, frighten or cause emotional distress, or the intended target is emotionally distressed, intimidated or frightened as a result of the electronic communication. The penalties include fines and jail time.

Some legal commentators express concern over the new law’s effect on free speech now that prohibited activities include the general posting of images on the Internet. There is also Internet privacy concerns in regards to law enforcement’s ability to obtain court orders and warrants to review a person’s online history.

Only time will tell whether or not other states, including Colorado, will follow suit and expand their harassment laws to govern what people can post on the Internet and what they cannot post. Colorado law makes it a crime to threaten or harass a person using electronic means such as email, instant messaging or Internet chat. Harassment is a Class 3 misdemeanor in Colorado. If the targeted individual was targeted because of his or her race, nationality, ancestry, color or religion, then it is a Class 1 misdemeanor. If you are charged with harassment and believe you are innocent, you will need an experienced Colorado criminal defense attorney who has a proven track record with harassment cases. Your attorney will review your case and assess whether or not your actions constitute harassment.

Officer Charged With DWI Fatality

A public safety officer was recently arrested and charged with drunk driving and manslaughter charges after he struck a pedestrian. The July 15th Wall Street Journal reports  that the officer was working late night shift when he responded to a complaint of kids swimming in a neighborhood pool after dark.

The crash occurred on the Hempstead Turnpike, steps away from a nearby medical center. The officer was going eastbound on the turnpike when he struck the pedestrian, who was crossing the roadway. An ambulance crew leaving the nearby medical center witnessed the accident and immediately rushed the victim to the emergency room. The victim was pronounced dead on arrival.

The officer’s attorney stated that the victim had been in the hospital earlier that evening and checked himself out against doctors’ advice. He was crossing the roadway mid-block instead of at a crosswalk. A hospital spokeswoman refused to comment on the attorney’s statement or on whether the victim was a patient.

The officer pleaded not guilty. His bail was set at $100,000. The officer was an 11-year veteran with no prior arrests.

DWI laws apply to everyone, whether it’s an officer of the law or a civilian. Had this fatality occurred in Colorado, the officer would be facing serious penalties. Having a clean arrest record may have helped his Colorado criminal defense attorney get a reduced sentence if DWI was his only charge. His clean record may do very little, however, to reduce his manslaughter sentence. Manslaughter is a felony in Colorado, with a jail term of up to six years. What a Colorado criminal defense attorney can do, regardless of the potential outcome, is to ensure that his client is treated fairly and that all parties involved in the case adhere to the law. The defense attorney can advise his client of the best defense strategies with the most favorable outcome for him.

Teen Found Guilty of Vehicular Homicide

A 18-year-old teen was recently found guilty of one count of vehicular assault and three counts of vehicular homicide for her role in a vehicle accident that killed three passengers, as reported in a recent story by The Pueblo Chieftain. The teen was speeding when she suddenly swerved to avoid a pedestrian and lost control of the vehicle. The vehicle hit a stone fence, rolled over twice, took out two parked cars and two utility poles before it stopped against a porch of a house.

The three passengers were ejected from the vehicle. Two died at the scene, the third died on the way to the hospital. A fourth passenger was seriously injured but survived. None of the occupants in the vehicle wore a seat belt. The pedestrian was also charged with two counts of third-degree assault, three counts of criminally negligent homicide and three counts of manslaughter. A witness testified that he gave the teen driver the keys to the vehicle when the vehicle’s owner, one of the victims, was too drunk to drive. The teen insisted she was sober enough to drive.

The presiding judge in the teen’s case found both her and the pedestrian’s actions to have caused the fatal accident. Had both the driver and pedestrian made better choices, they would not facing a jail sentence and three young people would still be alive today.

Under Colorado law, both vehicular homicide and vehicular assault are felonies, which carry long jail sentences. In a case like this, a Colorado criminal defense attorney would make sure the teen and her family knows her rights under the law, while being straightforward about the seriousness of the charges she faces. At the very best, the attorney could try to get her a reduced sentence; at the worst, he would have to prepare her for a certain length of time in jail.

Inmate Charged for Attempting to Sway Juror

A prison inmate who serving time for attempted criminal homicide and witness tampering charges made a gutsy albeit unwise move that most likely lengthened his sentence. A July 15 Centre Daily News story reported that in 2009, the inmate shot at a vehicle driven by a man who was dating his ex-girlfriend, wounding the man. The inmate then tried to bribe his es-girlfriend while he was in jail and called her repeatedly from jail after she had testified against him.

While awaiting trial for his previous charges, the inmate asked a fellow inmate to contact one of the jurors selected for his trial and try to influence the juror in his favor. He gave the fellow inmate a handwritten note to give to the juror. The note contained contact information for the inmate’s father, whom the fellow inmate was to call once he delivered the note to the juror.

The fellow inmate, who was due to be soon released, informed police. Officers then listened to taped phone conversations between the inmate and his father. A trooper posed as the inmate and called the inmate’s father. He told the father that he contacted the juror and that the juror was willing to be influenced for money. The inmate’s father then visited the inmate to discuss the arrangement, all while being observed by the police, who also recorded their conversation. The inmate was later charged with two felony counts of criminal conspiracy, one felony county of aggravated jury tampering and two misdemeanor counts of criminal solicitation.

Criminal solicitation is a serious crime in every state. In Colorado, it carries a jail term of 6 months to 10 years depending on the nature of the subsequent crime. The best a defendant can hope for in a case like this is that the Colorado defense attorney he hired to represent him can get him the lightest sentence possible.

Everyone and Anyone Can Become a Stalking Victim

The recent headlines about Halle Berry’s stalking ordeal should be wake-up call to anyone who thinks they can never become the objected of an obsessed stalker. According to a recent Los Angeles Times story, Berry’s stalker showed up at her home twice before he was finally caught the third time he entered her property. The man, who was on probation after pleading no contest for a previous misdemeanor charge, was charged with felony stalking and faces three years in jail if convicted. He has  pleaded not guilty and was ordered to stay 500 yards away from Berry.

Even though Berry’s stalker is currently in jail, she must continue on with her life and maintain some sense of normalcy for her daughter’s sake while keeping a watchful eye out and doing all she can to keep her and her daughter safe. She must also live with the fear of the day her stalker is released from jail, whether it’s a month or three years from now. It will take a while for her to feel complete safe again, if she ever does. Berry has access to high-security devices and staff that most stalking don’t have. Most stalking victims have to rely on law enforcement and their own vigilance to keep them safe, and tragically it’s sometimes not enough to prevent a stalking victim from becoming a murder victim.

Stalking is a Class 4 or Class 5 misdemeanor in the state of Colorado, with a three-year jail sentence. Repeat offenders can get up to six years. Despite the despicable nature of the crime and the fact that stalkers are viewed very highly, stalkers have rights under the law. If you’re accused of stalking, you have the right to a fair trial, and the right to be treated fairly during the entire legal process. A good Colorado criminal defense attorney will see to it you receive nothing less.

Not a Fun Day at the Ballgame

What started as a fun day at a youth baseball tournament ended up with three parents facing assault charges. A recent 9News story reported that that the three parents, two of whom were a husband-and -wife couple, got into a fight that erupted over a bad game call. One of the parents was a town prosecutor, and one has a long criminal record. The 12-year-old sons of the parents also got involved in the fight.

The fight started when the husband attacked the son of the other parent when the boy attacked his son. The mother of the other boy–who happens to be a town prosecutor–struck the husband numerous times in the face and punched his wife and pushed her over a bench. The mother along with the husband and wife were arrested and charged with assault and disorderly conduct. None of the injuries they suffered were serious. The father of one of the boys also has a long criminal record of previous assault charges.

The town prosecutor in this scenario should have known better, and no doubt aware of the legal ramifications of her actions, even they were in defense of her son. Third degree assault is a Class 1 misdemeanor. If this is her first offense, she could get anywhere from probation to two years in jail, depending how a judge views the circumstances that may or may not have justified her actions. Sentences for repeat offenders tend be harsher than those for first offenders, so the Colorado criminal defense attorney representing the guy with the mile-long record may have to prepare his client for the high likelihood of spending some time in jail.

Domestic Violence Attacks Older Victims, But the System is Geared Toward Younger Victims

Abused victims are in the most danger when they decide to leave an abusive relationship. A July 10 Denver Post story tells of a demographic often not given a second thought when it comes to domestic violence. A 71-year-old woman sent a duress alarm from her office computer to her company’s corporate office one morning. She always arrived at work before business hours. The corporate security officer called her back and spoke in code, asking her how things were going in Colorado. The woman nervously replied she would have to get back to him.

Police arrived at her office 14 minutes later and found her dead, with a gunshot wound to the head.

The woman’s 71-year-old estranged husband was arrested the following night. The victim filed for divorce in 2008 after 45 years of marriage. Her estranged husband repeatedly threatened her and told people he wished she was dead. Domestic violence experts expect to see more cases like this as the population ages. In Colorado, the 65 and older population is expected to grow from 400,000 to 1.2 million by the year 2030.

The current resources available to domestic violence victims are not equipped to handle the special needs of older victims. Shelters may have stairs older victims can’t climb and tend to hire counselors half the older victim’s age. Domestic violence support groups mostly consist of women in their twenties and thirties.

Leaving may be harder for older victims because their abuse may be their caretaker and they’ve grown dependent.  Older victims tend to have a harder time leaving a relationship they been in for decades. They may also feel a greater sense of isolation and feel more ashamed of their situation.

The system may not yet be adequately equipped to deal with older victims, but Colorado’s domestic violence laws are designed to protect victims of all ages. A Colorado domestic violence lawyer handling a case of this nature must be knowledgeable about the special needs of older domestic violence. Domestic violence hurts no matter how old you are.

Judge Offers Teenage Murder Suspect Plea Deal

A 16-year-old murder suspect faces a 6- to 25-year prison sentence under a plea deal his attorney submitted to the judge despite the objections of the victim’s family, as reported on a July 13 report from The Gazette. The teen pleaded guilty to second-degree murder committed in the “heat of passion” in a November 21 shooting of another teen when a fight broke out at a house party at the suspect’s home. In Colorado, a crime committed in the heat of passion is one where the killer was provoked. In this case, the teen got into a fight with the victim when the teen’s friend overheard the victim and another friend making “gay” remarks about the party.

The plea deal offers the presiding judge two sentencing options. The first option is a 10- to 25-year sentence to be served at the Department of Corrections. The second option is a six-year maximum sentence to be served in the Youthful Offender System and a suspended sentence of up to 32 years, the latter of which would be dismissed if the teen stays out of trouble during the six-year term. The prosecuting attorney is pushing for the 25-year maximum. The plea deal angered the victim’s family, who considered it too lenient a punishment.

The teenager in this case is represented by a Colorado criminal defense attorney who is doing all he can to get his client a reduced sentence in light of the serious charges the teen faces. The attorney may be sorry for the loss suffered by the victim’s family and sympathetic to their grief, but his first and foremost responsibility is to his client and making sure his client receives a fair trial and as fair a sentence as possible. An experienced Colorado criminal defense attorney not only works to lighten his clients’ sentences, he also prepares them for the worst, because in the end it is the judge who has the final say.