Castle Rock Juvenile Defense Lawyers: Gov. Signs Adult-File Restrictions Law
Our Castle Rock juvenile defense attorneys were encouraged to hear that Gov. John Hickenlooper has signed into law a bill that impacts prosecutors’ ability to punish Castle Rock juvenile offenders as adults.
According to The Denver Post, House Bill 12-1271 is going to significantly decrease the number of juveniles who are facing adult charges in Colorado.
It was a bill that was bitterly contested on both sides of the political aisle (with prosecutors and police voicing the loudest opposition), though ultimately, justice won out.
Under the old legislation, juveniles were being sentenced to decades behind bars for non-homicide crimes. Not only was this extremely costly to the taxpayers of Colorado, it was inherently unfair to juveniles who enter a system that promised reform, only to imprison them for decades.
Hickenlooper had struggled with whether to sign the bill, but said ultimately the bipartisan support of it was what swayed him.
Basically, here’s what the measure does: Under the old system, it was up to prosecutors to decide whether a youth should be tried as a juvenile or an adult. Now, there is a judicial review process that must first occur in order for that to happen.
Additionally, it prohibits prosecutors from filing adult charges against juveniles for a large number of low and mid-level felonies. It also increases the age at which a juvenile can be charged as an adult – period – from 14 years-old to 16-years-old.
The law still will give prosecutors some leeway when it comes to the most serious of crimes, such as homicide, violent sex crimes, kidnapping and vicious assaults. However, even these defendants would be given the opportunity to appeal to a judge, who will ultimately get the last word on whether the youth should go through the juvenile or adult system.
While there have been many arguments made against reducing prosecutorial authority in this realm, the flip side is that district attorneys have blatantly overused their authority here. The result is that teens who had a youthful indiscretion are forever branded in such a way that it affects not only their freedom, but also their future educational opportunities, employment and housing prospects and more. Plus, minority teens more often than not received the brunt of those harsh sentences.
Castle Rock Criminal Defense: Police to be Better-Equipped
Our Castle Rock criminal defense attorneys have some important news for residents, and it may impact your need for a solid Castle Rock criminal defense.
The Castle Rock Police Department, in using a $200,00 grant, have amassed a wide array of new technology and equipment. That equipment includes: brand new Tasers for street officers, mountain bikes, new uniforms and patches, exercise equipment, in-car camera systems and reality-based training tools.
Castle Rock Police Chief Jack Cauley said that the expenses were intended to help improve response times, up training standards and improve relationships between the police department and the community.
Of course, these are good goals to have, and some of those measures may be helpful to that end.
But here’s what it means for you:
1. New Tasers are likely going to mean a higher level of force used in Castle Rock arrests than previously. Police will say that they are safer for use than guns. This may be true. However, it would seem that this may open itself up to issues of excessive force during arrests, and the use of Tasers when they really aren’t necessary.
2. New exercise equipment and training. Presumably, this means the officers you are going to come across will be stronger, more on point. Many in the public will see this as a good thing. Our Castle Rock criminal defense attorneys would only want to make that point that fleeing from a crime scene (which is usually not a good idea in the first place, regardless of whether you have actually done anything wrong) could result in more severe physical consequences for you once they catch up – and of course, they’ll be more likely to catch up now.
3. In-car cameras. This is a two-sided coin. On one hand, it will reduce the instances of officers fudging the facts. Videos tend not to lie. The problem for you? Videos tend not to lie. For example, in a Castle Rock DUI case, field sobriety tests are often highly subjective, and the courts rely heavily on officer observations. That’s one point that a Castle Rock DUI defense attorney can attack. However, if there is video to back up those observations, it creates greater challenges for your defense.
However, none of this means you don’t have any options following a Castle Rock arrest. Consulting with an experienced Castle Rock defense attorney as soon as possible following the incident is the best way to learn what those options are.
Castle Rock Hate Crimes Garner More Serious Penalties
Castle Rock criminal defense attorneys know that an allegation of a hate crime in Castle Rock can be met with serious consequences. 
That’s because true or not, the allegations will result in the inevitable perception that the accused is bigoted. What’s more, crimes for bodily injury or property damage are stiff enough without piling on additional sanctions for a crime that is deemed to be motivated by hatred of a person for their perceived race, sexual orientation, gender, religion or some other basis.
However, that’s what is happening to a group of individuals who are accused of attacking a black, German foreign exchange student in Berthoud, just outside of Fort Collins.
The student, who is a 15-year-old junior at Berthoud High School, said she was walking home late last week when a group of young, white men reportedly began to harass her. She claims the men told her they were specifically looking for a minority, and went on to make racially intimidating comments. Then, she says, one of the men used a knife to inflict wounds on her forehead.
Law enforcement authorities are looking for the suspects, though so far no arrests have been made.
Hate crime laws are laid out in a few places in the Colorado Revised Statutes. The first is C.R.S. 18-9-121. This is sometimes referred to as a “bias motivated crime.” It essentially says that if you harass or hurt someone on the basis of prejudice, you will face stiffer penalties for whatever the crime was. Those protected categories used to be: race, color, ancestry, national origin or religion. In 2005, the code was updated to say physical or mental disability and sexual orientation.
What it all comes down to, however, is intent. Just because you may have committed a crime against someone who falls into a different racial, religious or sexual category doesn’t mean that the crime was motivated by that difference.
In order to prove a bias motivation, prosecutors must have proof. This could be statements you made prior to the incident. Keep in mind that statements that could be used in court can include text messages, e-mails and references made on social networking sites.
Castle Rock Drug Trafficking Defense Requires Skilled Team
Castle Rock drug crime attorneys know that trafficking charges require a skilled an experienced defense team.
Rather than your average Castle Rock drug crime defense, these cases can be complex, involving intelligent operations spear-headed by networks of individuals who operate underground.
Law enforcement at all levels expend a great deal of resources in trying to penetrate these networks and make arrests. It makes them look good. The penalties for these crimes are also much more serious than what you are going to see with a lower-level, possession-type offense.
That was illustrated in a recent case out of Denver, in which a federal judge sentenced the 43-year-old defendant to 22-plus years behind bars. He was suspected to be a Mexican cartel kingpin who oversaw a $1 billion cocaine-selling operation that cast a web in eight states.
The U.S. District Judge condemned the defendant by saying he was a clear and present danger to U.S. citizens.
According to authorities, the bulk of these alleged crimes occurred between 2002 and 2003. The defendant reportedly had a storage center at a ranch here in Colorado, from which he distributed large quantities of cocaine that eventually made their way to New York, Georgia, Illinois and five other states.
Ultimately, it was an anonymous tip that led to the shut-down of the operation, headed by the U.S. Drug Enforcement Administration.
The main defendant and his brother were among nearly 30 others who were indicted in a Denver court way back in 2003. However, he wasn’t arrested until 2006, when authorities caught up with him in Mexico and had him extradited.
Two years ago, the kingpin’s brother was sentenced to more than two decades in prison, having been convicted of smuggling in huge quantities of the white powder from Mexico to the U.S.
Then last year, the kingpin pleaded guilty in 2011 to charges of money laundering and drug trafficking. His sentencing has only now been handed down.
Considering he was considered one of the top drug dealers in the world at the height of his operation, his sentence could have been much more severe. However, he reportedly provided a great deal of assistance to authorities will in custody, awaiting sentencing.
Castle Rock Drug Crime Penalties Could Lower With Senate Bill
There is a possibility that penalties for Castle Rock drug crime convictions could drop significantly if Senate Bill 163 is passed. 
Our Castle Rock drug crime attorneys applaud any measure that includes allowing drug offenders to get treatment, rather than face harsh prison sentences.
Essentially, the law would decrease the punishment for possession of 4 grams or less of certain types of drugs from a Class 6 felony to a Class 1 misdemeanor. For more than 4 grams, offenders’ penalties would be downgraded from a Class 4 felony to a Class 6 felony. Any difference in cost would be routed to a drug treatment program for the individual.
Researchers, in looking at the financial impact of the bill, estimate that in the first year, it would save $2.2 million.
It would seem to us the measure has few downsides. But of course, there will always be detractors.
In this case, police and prosecutors have spoken out against it, saying that it would cost cities and jails more money (we’re still not quite sure how, considering their high cost of incarceration will actually go down), and that it will eliminate the district’s drug court. Drug court has been a good alternative to standard court procedures for individuals facing drug felonies. The issue here would be that if cases are misdemeanors, they would have to be channeled through county court, not district court, where drug court is located.
Supporters, meanwhile, smartly point out this isn’t a new concept. In fact, 20 other states have already passed similar legislation. And this would still leave the manufacture and sale of drugs as felonies.
And while district attorneys say that stiff felony penalties are the way to go in terms of reducing recidivism, the truth is that when someone has a drug addiction, there is very little outside of treatment that will have any impact. The only thing a felony conviction does is make the person less employable, give them less options for housing and cost the state more in terms of incarceration and post-imprisonment supervision.
Opponents worry that reducing the severity of these crimes will send the wrong message to offenders. But the truth is, sometimes treatment is the only message that reaches them anyway.
Castle Rock Sex Assault Case Against Mentally Disabled Man Finally Dropped
Three years after a mentally disabled youth was arrested, requiring Castle Rock sexual assault defense, he has been cleared. 
Our Castle Rock sexual assault defense attorneys believe this is an example of how law enforcement and prosecutors routinely jump to conclusions, particularly when the allegations are serious and they feel obligated to quickly make an arrest.
This young man and his family endured a terrible injustice following a shoddy police investigation that involved a 17-hour interrogation of an individual who was known to have mental disabilities.
According to local news reports, an 8-year-old girl was fondled in her Stonegate bedroom in 2009. According to her description, however, the man who assaulted her was in his 40s, had brown hair and weighed approximately 200 pounds. The suspect that police identified was 19 years-old, had red hair, weighed 130 pounds and had acne on his face.
Prosecutors say at the time of police interrogation, officers did not know about their suspect’s mental capacity. But in fact, defense attorneys had provided that information to prosecutors.
But perhaps more disturbing is that DNA evidence cleared the suspect at the very start of this investigation. Prosecutors have defended their actions by saying that while the DNA evidenced uncovered from the victim’s underwear did not belong to the suspect, they insisted it didn’t actually clear him either. It was reportedly not semen, which could have provided a positive identification.
What it did do, however, was eliminate the suspect they had in custody. And yet, astonishingly, they pressed on with the charges, insisting that police had not coerced his confession to them – the only real evidence they had.
It wasn’t until a second mental evaluation this past March, which found that the suspect could not have understood his Miranda rights, that prosecutors decided to drop the charges.
In those years proceeding, however, the suspect, now 21, had been barred from going to the town of Parker, because that is where the alleged victim lived. What’s more, he couldn’t associate with anyone under the age of 18 – which meant he couldn’t attend his girlfriend’s prom. He was also made to wear a GPS tracking device, for which his family paid more than $350 monthly.
All this illustrates the need for skilled, aggressive legal representation if you are arrested for a Castle Rock sexual offense.
Denver Perjury Charges for Jury-Dodger
Here’s a tip: If you commit a Castle Rock perjury crime, don’t go on the radio and brag about it. 
As our Castle Rock criminal defense attorneys understand it, that’s exactly what one Denver woman did after finagling her way out of jury duty.
In fact, she is facing felony perjury charges related to her alleged actions. While we often think of perjury charges as pertaining to a witness up on the stand, potential jurors can also face this charge if they lie after being sworn in.
Felony perjury under Colorado Statute 18-8-502 means that you are accused of making a false statement while under oath at an official proceeding. Misdemeanor perjury falls under Colorado Statute 18-8-503, and basically covers any act of lying to a public official in an attempt to mislead him or her from doing their duty. The latter is usually outside of an official proceeding.
In other words, if you lie to a police officer about your knowledge of a crime, you could be facing a misdemeanor charge. But if you lie in open court – as this woman reportedly did – you could be facing a felony charge.
According to The Denver Post, a 57-year-old woman is accused of faking post-traumatic stress disorder in an effort to get out of jury duty. She reportedly arrived to the courthouse appearing purposely askew. She wore curlers in her hair, mismatched her shoes and wore a t-shirt with a phrase that she hoped would further support her ploy. She told a judge she suffered from post-traumatic stress, domestic violence and had lived on the streets – all of which was reportedly false.
She was excused from jury duty, and that might have been the end of the story, were it not for a radio interview she conducted several months later. On that show, she reportedly told the hosts that she had worn bright red lipstick, which she smeared, and joked about how easy it was to get out of it. She had even mentioned that she previously bragged to her hair salon clients about her actions.
Problem for her was that the judge whom she appeared before had been listening.
She is now charged with perjury and attempting to influence a public servant – both of which are Class 4 felonies.
Subsequently, she granted an interview with a local television reporter without her defense attorney present – also, not advisable.
Denver DUI Charges Dropped, Sanctions Reduced, Against Officer
Things are looking up for a police officer who was suspected of a Denver DUI in February. 
Our Denver DUI defense attorneys know that anytime someone is convicted of such an offense, they’re facing penalties that can range from probation two years in jail, not to mention costly fines. However, for a law enforcement officer or someone in a position of public trust, the consequences are often more severe. That’s because a conviction – or sometimes, just an arrest – can mean sanctions from your employer, up to and including termination and difficulty finding future employment.
Partially, this has to do with the fact that if you’re a police officer, you won’t be able to conduct patrols if you’re license is suspended. Also, though, it has to do with the reputation you are sworn to uphold. For better or worse, law enforcement officers are held to a higher standard. So when an officer is found to be on the opposite side of the law, there is often very little leniency.
However, having a solid Denver DUI attorney in your corner can make all the difference.
In this case, The Denver Post reports that the detective in question was reportedly off-duty when he crashed into a pole while on his motorcycle. The 52-year-old veteran investigator reportedly lost control of his motorcycle near Atkins Court, shortly after 1 am.
He was taken to a local emergency room, where he was interviewed by a DUI investigator, who reported he smelled an especially strong odor of alcohol on his fellow law enforcement officer. The DUI investigator implored the other detective to submit to a blood test, or risk losing his driver’s license for up to a year according to state law, the detective refused.
Afterward, when the Colorado Division of Motor Vehicles held a hearing on that suspension, the DUI investigator didn’t show up. He later said he never received notice that he was supposed to appear, meaning the detective who had crashed was allowed to keep his license.
Prosecutors declined to take on the case, citing a lack of evidence.
Originally, the Civil Service Commission, which oversees personnel matters involving law enforcement, handed down a 90-day suspension for the officer’s alleged actions that night. Now, however, that sentence has been reduced to two weeks.
The Civil Service Hearing Officer was quoted as saying that while the officer was likely somewhat impaired, there simply wasn’t enough evidence to show that he met the legal definition of driving under the influence.
Denver Careless Driving Charge Could Lead to 1 Year in Jail
An individual who reportedly killed two pedestrians is facing charges of careless driving resulting in death in Thornton, just outside of Denver.
Our Denver traffic defense attorneys understand that in this situation, as in so many, the individual behind the wheel had no ill intent. According to authorities, there is no evidence alcohol or drugs were even involved.
The Denver Post reports that two Brighton individuals, ages 33 and 22, were struck by the driver, who was in a pick-up truck, as they walked along the dirt shoulder of East 168th Avenue. A teen who was with them was also struck, and he remains in critical condition.
The 33-year-old driver was reportedly on his cell phone and was distracted momentarily when the accident occurred. Those who know the father-of-two have described him as hard-working, a good father and one you could rely upon in tough times. Even a Thornton police spokesman was quoted by the Post as saying “It could happen to anyone.”
On that stretch of road, the speed limit is 45 miles per hour and there are no sidewalks. While one hesitates to blame the victim of this horrible tragedy, a skilled defense attorney might point out that this was not the safest place for these individuals to be walking.
The driver reportedly stopped immediately after the crash to help the victims.
According to the National Highway Safety Administration, distracted driving resulted in the deaths of approximately 5,500 people across the country in 2009. In about 18 percent of those cases, cell phone use was blamed.
Because there was no alcohol involved and the driver stopped immediately, he is charged with a misdemeanor under Colorado Statute 42-4-1402. If no one had been hurt, this would be considered a Class 2 misdemeanor. But when someone – or in this case three people – suffer serious injury or death, it is considered a Class 1 misdemeanor. Basically, this means that you will face a penalty of between 10 days and 1 year in jail, and could also be made to pay a fine of between $300 and $1,000.
In cases like this, prosecutors will often seek jail time because the families are hurting and they want to provide them some measure of solace. On the one hand, you understand that because you never meant for this to happen in the first place. On the other, you should speak to no one until you have first consulted with your Denver defense attorney.
Castle Rock Drug Crimes Net Harsh Sentences
A former Colorado sheriff has pleaded guilty to allegations that he traded drugs for sex.
Our Castle Rock defense attorneys know that no one is immune to the ravages of addiction, regardless of socio-economic status, education or career. Those addictions are often at the root of many crimes. Rather than stiff jail sentences, often what our clients need is help to overcome their substance abuse issues. We fight aggressively to limit jail sentences and increase the probability of treatment instead, particularly for first-time offenders.
In this case, former Araphoe County sheriff Patrick Sullivan, who served from 1984 through 2002, is accused of a felony for possession of methamphetamine and a misdemeanor for solicitation of prostitution. Although he has entered this plea, likely to avoid a circus-like trial, there has not been any information released as to what the sentence might entail. Defense attorneys are aiming for probation, while prosecutors are gunning for jail time.
In sentencing a drug case like this, a judge will take several factors into account. The first of those is whether you have any past criminal history. That could increase your chances of jail time. The second is the type of drug you possess. These are broken down by “schedules.” For example, a Schedule I and II drugs are considered to be the most serious. Schedule I drugs are those with a high risk of dependency and no real legitimate medical use. Some Schedule I drugs include LSD, heroin and peyote. Schedule II drugs are those that are also considered to have a high dependency risk, but might have some legitimate medical use. These would include opium and methamphetamine, like what the sheriff is accused of possessing.
If it’s your first Castle Rock drug charge, possession of one of these substances is considered a Class 3 felony. That means you could be facing between 4 to 12 years in prison, and up to a $750,000 fine. For a second offense, you could be facing up to 24 years in prison, with a fine of up to $1 million.
The individual who was accused of dealing the drug to the former sheriff, was sentenced to three years behind bars.
Supreme Court Debates Penalty Limits for Juvenile Offenders in Castle Rock, Elsewhere
The U.S. Supreme Court is debating whether juvenile offenders in Castle Rock and across the country should be spared the possibility of being locked up for life.
Our Castle Rock juvenile defense attorneys understand the debate stems from two cases – Miller v. Alabama and Jackson v. Hobbs. The question is whether it is cruel and unusual punishment for a juvenile, given his or her youth, to face life in prison.
Here’s what we know of the two cases that sparked the discussion:
The first case involved a 14-year-old who allegedly beat an Alabama man and then set his home ablaze. The second involved another 14-year-old who was involved in an attempted robbery in which one of his accomplices pulled the trigger on the clerk, killing him. Because of state law where the crime occurred, simply being involved in the felony that resulted in the death got him a murder charge – and subsequently, a conviction and a sentence of life in prison.
According to The Associated Press, some 2,300 individuals are locked up for life with no chance of winning parole for crimes that occurred before they were 18. Of those, about 80 are in prison for crimes that happened when the defendant was age 14 or younger.
It was previously decided that the death penalty was too harsh for juveniles.
Now, several justices seem concerned about what they construe as the lack of judicial discretion for the sentencing of youth convicted of homicide. In many states, if you try someone under the age of 18 as an adult, they are going to get an adult sentence. In many cases, that involves just one possibility: Life without parole.
One possibility is that the justices may not outright prohibit life without parole as a possibility for juveniles who commit homicide, but they may instead say it is not mandatory and is instead up to the discretion of the judge.
Or, it could issue the cut-off point at 14 years old, saying if you are that age or younger, life without parole is too much.
It is expected that the justices will offer a ruling on the cases by sometimes this summer.
Validity of Castle Rock Marijuana DUI Debated
The issue of marijuana DUI in Castle Rock has been raising a number of questions among those in the legal community, here and across the country. 
Our Castle Rock marijuana DUI attorneys know that while it is illegal to drive while intoxicated on any substance, the issue of how that is measured has created a very gray area in terms of the law.
This is illustrated in one case that was highlighted in a recent article by The Associated Press. A suburban woman from Denver told the reporter that while she would never get behind the wheel immediately after smoking marijuana, if she were to be tested by a law enforcement officer, her THC levels would likely be off the charts.
That is because her doctor has legally prescribed her marijuana to help ease the tremors of her multiple sclerosis.
“I don’t drink and drive, and I don’t smoke and drive. But my body is completely saturated with THC,” she told the reporter.
State lawmakers are debating the establishment of a marijuana threshold that would determine whether a person is driving under the influence of marijuana. That threshold would be 5 nanograms.
The problem is that marijuana, unlike alcohol, stays in a person’s system for an extended period of time. So while a person may blow a 0.08 alcohol blood content, which would all but prove they had been drinking in the last few hours, a marijuana reading would show that a person had consumed marijuana, but would not be accurate in terms of the time frame. That time element is crucial in proving whether the person is driving intoxicated.
While recent research has linked marijuana use to the risk of a crash – something conservative lawmakers have pounced on – some have pointed out that this research falls short of proving anything scientifically. Use of marijuana was not determined to be the sole cause of many of those crashes, and there was no detailed data involving the dosage or whether other drugs were present as well.
If you are charged with marijuana DUI in Castle Rock, it’s important that your first phone call be to an attorney.
Castle Rock Murder Accessory Suspects Get Probation
Two women, both accused of two charges each of accessory to murder in Castle Rock, have been sentenced to probation. 
Our Castle Rock criminal defense attorneys know that generally, accessory to murder under Colorado Statute 18-8-105 is a Class 5 felony, punishable by 1 to 3 years in prison.
In order for a person to be charged as an accessory to a crime in Colorado, they have to be found responsible of one of the following capacities: hindered, delayed or prevented the discovery, detection apprehension, prosecution, conviction or punishment of another person for the commission of a crime by offering assistance to the suspect. Also, prosecutors in these instances must prove that there was intent. That means that prosecutors must prove that not only was a crime committed, but that the person charged with accessory knew about it and took the actions they did in order to cover it up.
That can mean anything from tipping off someone of where authorities may show up to giving the person money or transportation or a disguise. It can also mean hiding or destroying evidence, as is reportedly alleged in this case.
The Castle Rock News Press reports that the two women accepted plea agreements in the case, following the homicide of a woman and her brother in an alleged murder-for-hire plot. The two women accused are the girlfriends of the alleged hit man and driver.
Prosecutors allege that the estranged husband of the female homicide victim hired two men to kill his wife.
It was alleged that the two women helped to clean blood from the getaway car. One of the women was pregnant with the alleged shooter’s sixth child at the time of the homicides.
In exchange for the probation they received, the two women have agreed to serve as witnesses for the state in the prosecution of the shooter and the driver, though those cases may result in plea bargains as well.
Often in these type of cases, where the evidence against an individual is strong, having an experienced attorney aggressively negotiate a plea deal on your behalf may be in your best interest.
Felony Charges in Castle Rock Result in 111-Year Prison Term
A man who reportedly shot a police officer was convicted on several Castle Rock felony charges, and ultimately sentenced to 111 years in prison. 
Our Castle Rock criminal defense attorneys recognize that attempted murder and aggravated assault charges can net serious penalties. Having an experienced attorney at your side when you’re facing these type of allegations can make all the difference in the outcome of your case.
In this situation, the 52-year-old suspect reportedly encountered the officer in front of Ponderosa High School. According to The Castle Rock News Press, the suspect had been drinking at a bar in Franktown and left the establishment without paying. When the bar manager chased after him, the suspect reportedly threatened the manager. When the manager told him the police were on their way, the suspect reportedly held a gun to the head of a patron who had been walking nearby.
A short struggle ensued, after which time the suspect reportedly left. The first officer to encounter him pulled him over in front of the high school. In a flash, prosecutors said, the suspect fired off more than a dozen round at the squad car, striking the officer in the shoulder.
The officer reportedly fired back, striking the suspect twice and causing life-threatening injuries.
The suspect survived, and was charged with attempted murder with extreme indifference, aggravated assault and DUI.
His Castle Rock defense attorney had argued that the suspect had not intended to harm the officer, only to have him return fire. He was aiming for a “suicide by cop,” and as the attorney pointed out, he was almost successful. In fact, a paramedic was brought in to testify that the suspect had pleaded with paramedics to simply let him die.
Other character witnesses were brought in to talk about the defendant’s substance abuse problems, as well as the kind of person he is at the core.
Prosecutors, though, worked to paint a different picture. They mentioned other violent incidents that had occurred in the defendant’s recent past.
Despite the defendant’s apology, the judge still handed down a harsh sentence.
While our Castle Rock criminal defense attorneys realize that judges and the general public tend to take assaults against officers very seriously, there are strategies that can be employed that can help to reduce your penalties.
If you are arrested for a felony in Castle Rock, contact our efense attorneys to assist with your case.
Doll used in Denver Domestic Violence
Dolls are not usually a weapon of choice noted in many Denver domestic violence cases.
However, our Denver domestic violence defense attorneys understand that a police officer, accused of beating his girlfriend, alleges she actually attacked him. That in and of itself wouldn’t be noteworthy, except that the weapon she reportedly used to carry out the attack was a Justin Bieber pop star doll.
It’s an allegation that has office water cooler gatherers giggling like a gaggle of young “Beliebers.”
All joking aside, charges of domestic violence in Denver can be serious, resulting in great harm to your relationships, your reputation and your livelihood. This is especially true in cases like this that involve a police officer. A domestic violence conviction can mean the end to firearm privileges – devastating for anyone serving in law enforcement.
According to ABC 7 News in Denver, the 37-year-old police officer was arrested on charges of misdemeanor assault causing injury, obstructing a telephone service and property damage. According to his arrest warrant, he is accused of pulling out his 42-year-old girlfriend’s hair, punching her in the ribs, kicking in a locked door where she was hiding and beating her on the head with a piece of the busted door.
The girlfriend reportedly video-taped a portion of the alleged assault on her cell phone. The officer, however, audio-recorded a portion of that fight as well. The exact contents of either recording are not immediately available.
The officer, on the other hand, has alleged that his girlfriend hurled the Justin Bieber doll at him, bit his finger, kicked and choked him. He said the doll was thrown at his foot, leaving a large bruise.
Allegedly, the fight began after the officer told his girlfriend their relationship was over and she had to leave. She reportedly refused.
Officers at the scene noted both had documented injuries, including scratches, bite marks and bruises.
The officer was later accused of urging his girlfriend to “take the fall” for the incident, as she is a housewife with “nothing to lose.” He, on the other hand, could lose a great deal.
Castle Rock Felonies Faced by Juveniles Mulled by Lawmakers
Far too many children are being convicted of adult felony crimes in Castle Rock and throughout the state.
That’s according to Colorado lawmakers who want to make it tougher for prosecutors to “direct file” juveniles as adults at their own discretion.
Our Castle Rock felony defense attorneys have seen firsthand cases in which overzealous prosecutors have unfairly filed adult charges on young teens, leaving them vulnerable to the possibility of prison terms or a record that will plague them throughout their adult life.
Certainly, there may be cases in which an extremely violent or heinous act may warrant filing an adult charge. But researchers are finding that in Colorado, that is almost never the case. The Colorado Juvenile Defender Coalition reports that there have been almost 2,000 cases that prosecutors “direct-filed” juveniles as adults between 1999 and 2010. Of those, nearly 90 percent involved lower or mid-level felonies. About 15 percent involved some form of homicide. Just 5 percent involved a first-degree murder charge.
This is proof positive that prosecutors are abusing this power – something they of course vehemently deny.
What lawmakers want to do is not even extreme – it would simply require a heightened level of oversight. As it stands now, a prosecutor has the authority to decide whether a juvenile will be tried as an adult. They can rubber stamp the case without any review from a judge. This bill would change that. It would require a judge to sign off on whether the teen would be tried in juvenile or adult court.
The original, over-arching power granted to prosecutors was handed over after a public scare in 1993, sparked by a spate of gang violence that summer. Lawmakers turned around to give prosecutors more discretion in filing such cases, to ensure that violent, youthful offenders weren’t going to be given a chance to get right back out on the streets.
But this new bill, sponsored by Rep. B.J. Nikkel, R-Loveland, would hopefully lessen the lesser-level felonies that juveniles are being direct-filed on – namely, robberies, burglaries and other property crimes.
Nikkel was quoted as saying that the actions of prosecutors are not only contrary to what the law intended, it amounts to an abuse of power.
Denver Marijuana DUI Laws Debated
Lawmakers are mulling over a Denver marijuana DUI statutes might require some revisions.
Our Denver marijuana DUI defense attorneys are not in favor of any measure that impedes on the right of patients to use marijuana for medical ailments.
According to The Associated Press, a bill is being debated that would render someone impaired if they test positive for more than 5 nanograms of THC, the active ingredient in marijuana. A nanogram is one-billionth of a gram.
However, there is argument whether that is an accurate measurement of whether someone is too high to drive.
Under the law as it is now, the state says drivers can’t be under the influence of alcohol or drugs, but it doesn’t set a limit for how much THC can legally be in a person’s system. The problem, as identified by a number of medical marijuana activists, is that impairment can’t be accurately measured by their THC levels. That means that a patient who takes regular doses of the drug could build up a high THC level, and yet be perfectly sober.
Republican sponsors of this bill say a standard needs to be set so that law enforcement has some clear guidelines. They say that smoking marijuana is a privilege, and users shouldn’t be allowed to endanger others.
Those who oppose the measure aren’t saying that it should be Ok to drive high. But the proposed measurement of impairment won’t be fair. They also say it’s no different than ingesting any other prescription drug. Yet there is no blood test ordered for someone who has been prescribed Oxycodone or Prozac.
The issue has become the center of controversy for a number of state committees, where members haven’t been able to come to an agreement.
In Nevada and Ohio, there is a 2 nanogram limit for marijuana. In Pennsylvania, it’s 5 nanograms. In 12 other states, there is a zero-tolerance policy when it comes to marijuana.
Legislators say the bill could cost more than $1 million to implement statewide.
Felony Arrests in Denver: Cases of Mistaken Identity
There is an alarming trend in Colorado that is gaining national notoriety: mistaken identity in cases of Denver felonies.
Our Denver felony defense attorneys understand that the latest case happened as authorities were chasing down the “32 bandit,” wanted on a host of robbery charges in the area.
According to Denver 9 News, a man was on his way home on East Quincy Avenue when he was pulled over. He soon found himself bewildered when police drew their guns on him, began cursing at him and slapped him with handcuffs.
As it turned out, the “32 Bandit,” so named because of a shirt he wore in one of his alleged crimes, was believed to be responsible for a robbery that happened at a local sandwich shop. Officers believed they were closing in on the suspect, but instead pulled over an innocent man. His skin color and clothing were similar to the alleged suspect.
He was later questioned and then released. The robbery suspect remains at-large.
Police do have a difficult job, and an incident like this might be forgiven – if it had only happened once or twice. However, that unfortunately does not appear to be the case.
A recent article in The New York Times details a lawsuit filed by the American Civil Liberties Union against Denver city and county over what they allege is a pattern in which law enforcement officers routinely arrest the wrong people.
One of the cases highlighted in the suit involves a black man who was mistaken for a white suspect in a Denver sexual assault case. He was jailed for an outrageous nine days, despite repeated pleas to jailers that they had made a grave mistake. He was eventually released.
ACLU pulled Colorado public records to learn that between 2002 and 2009, there have been more than 500 cases in which police in Denver arrested the wrong person. Another 100 cases have been documented since late summer 2009.
Police allege a number of reasons for this – stolen identities, similar names, inaccurate records and sometimes errors by jailers or police. But other times, there doesn’t seem to be any good explanation at all.
That’s why if you are accused of a felony in Denver, your first call needs to be to an experienced criminal defense attorney.
Juvenile Convictions Can Change a Life
No parent wants to think that their child is capable of committing a crime, much less a serious crime. The fact of the matter, though, is that everyone can make mistakes, children included. Juvenile cases are among some of the most emotional, because the client is always both the child and parent rather than just the child alone, so it’s important to have an attorney who you trust.
The criminal justice system is flawed, and it’s been proven that many who go to jail (or in this case, juvenile detention) end up committing more crimes in their lifetime. So a juvenile conviction can cast a very long shadow on a child’s life, and it can end up setting a path for them that may end in real jail time when they become an adult.
That’s why it’s so important to fight juvenile charges, even if you think it doesn’t matter because juvenile records get sealed when a child comes of age. What doesn’t get sealed are childhood experiences and memories: those will be with your child for the rest of their life.
The juvenile justice system often does children a disservice, so it’s very important that parents take every care to avoid getting a conviction for their child. Couple that with the emotional turmoil between parent and child, and you have a very highly-charged emotional situation.
Find a defense attorney who can help defuse that difficult situation and restore hope and health to your family.
Traffic Offenses More Serious Than Most Think
Most people are lucky if they only get one traffic citation in their life. Speeding, moving violations, failure to obey a stop sign, and the list goes on. No matter how vigilant a driver we are, everyone makes mistakes from time to time, and the odds are good that there will eventually be a police officer there looking to meet their quota when one of those mistakes happens.
But for some of us, traffic citations are more than just an every-now-and-then affair. Some people drive more recklessly than they should, and others are just unlucky.
Those citations, while individually they may not be very serious, can quickly add up to make life very difficult for you.
Every citation comes with at least a fine, but then beyond that fine, you’re likely looking at increased insurance rates, as well. If your offense is serious, you could be looking at educational classes, community service, license suspension, or even jail time.
That’s why it’s important to fight every citation in court, because the more citations you’re charged with, the worse the sentencing is going to be.
If you fight each citation as it happens, it makes it that much easier for you the next time you get charged with a traffic offense. If you ignore the citations until the potential sentence becomes serious, there’s only so much that even a talented lawyer can do for you.
Don’t wait to contact a skilled defense attorney, or it may be too late!
Felonies Are Even More Serious
Felonies, as opposed to misdemeanors, are in no danger of being laughed off. Everyone understands that a felony is serious business, and that’s been reinforced by film and television. If you get charged with a felony, you’ll be facing a minimum of one year in prison. No fines, no community service, you go directly to jail.
While a misdemeanor can potentially change your life, a felony absolutely will, with no question.
If you’re being charged with a felony, you should already know that you need a good defense attorney. But how do you decide which defense attorney to choose? All of them take felonies seriously, because they know what the punishment will be.
What you need is a defense attorney who is dedicated to being available whenever you need them, at any hour of the day, and someone who will give you the personalized attention that your unique case deserves. You need an attorney who understands that no two cases are the same, and that you’re a customer, not a criminal.
It also doesn’t hurt to find an attorney who’s so confident in their services that they’re willing to offer a free consultation so that you can see exactly how they operate.
Of course we’re talking about us, here at Ellman & Ellman, where we offer all of those things. We understand, though, that you may want to explore other options, but if you have a free consultation, we’re confident that you’ll choose us to defend you in the legal system!
Misdemeanors Are Serious!
Many people look at misdemeanors as ‘minor’ crimes that only come with a ‘slap on the wrist’ punishment. Especially given how severe the crimes are in most television shows and movies, it’s no wonder that misdemeanors are looked at as not serious.
But in reality, a misdemeanor can completely change your life. In many cases, it’s true that misdemeanors don’t face jail time, and are instead just faced with fines. However, it’s a mistake to think that that will always be the case.
Did you know that with a misdemeanor conviction, you can spend up to six months in jail? That’s enough time to completely ruin your life. You can lose your job, and with a criminal record it may be hard to find another one, not to mention having to pay the fine that the court has given you.
It’s not worth taking the chance.
If you find yourself being charged with a misdemeanor, you need to find the best defense attorney you can, and quickly. Even one conviction can stain your criminal record permanently.
Sometimes it’s the charges that aren’t taken seriously that are the ones that end up costing too much.
So whether you’ve been charged with a Class 1, 2, or 3 misdemeanor, you need a defense attorney who understands exactly how much a misdemeanor offense can change your life, and who will take that responsibility seriously. Don’t wait to find an attorney who will represent you to the best of their abilities!
What Qualifies as Theft in Colorado?
Theft charges are some of the most common charges seen in Colorado courts. The term is very broad, and encompasses a wide range of charges, both misdemeanor and felony. Often, the severity of the charges depends on the actual value of the property that was involved in the charge. For example, shoplifting will bring a lesser punishment than stealing a car. Even petty theft in Colorado should be taken seriously, as the after effects of a guilty verdict often go far beyond just a fine.
Common types of Colorado theft include:
- Shoplifting
- Theft by receiving
- Theft by fraud and deceit
- Theft by writing a bad check
- Motor vehicle theft
- Identity theft
- Theft of rental property
- Theft of fuel
- Burglary
- Robbery
You may thing that a minor theft will result in just a slap on the wrist. In some cases, that may be true, however it is important to think about the long-term when facing a legal situation such as theft in Colorado. Most employers run a criminal background check before extending an offer of employment. A theft charge is a serious liability for any employer, and most often it will result in missing out on an opportunity for employment. In addition, it can be impossible to receive certain professional licenses with a theft conviction on your record.
If you have been arrested for any type of theft in Colorado, you need the help of an experienced Colorado theft attorney. With an attorney at your side, you will have the best possible chance of having the charges dropped. If the charges cannot be dismissed, your attorney will work to get you the least amount of penalties possible.
Ignition Locks Could Be Mandated by the Federal Government for DUI Offenders
Colorado, along with Texas, has led the pack in the number of ignition interlock devices installed for DUI offenders. Texas has over 33,000 devices in use, while Colorado has 17,000 in use. If the American Energy and Infrastructure Jobs Act passes, the federal government may mandate the use for all DUI offenders.
Tucked into this bill is a portion that would make installing ignition interlock devices on the vehicles of all people convicted of a DUI, even those with very low blood alcohol content readings. Currently, judges have the right to determine when these devices are needed, and are typically reserved for repeat offenders or those that had very high BACs.
The alcohol industry, along with many drivers, feel that that right should stay with the local jurisdiction, but supporters of the bill point to Colorado’s DUI fatality statistics to back their agenda.
In 2008, Colorado had 176 fatalities related to drunk drivers. That number decreased to 158 in 2010 and 127 in 2011. It is hard to say that the ignition interlock devices were the only reason for the decrease, especially when you consider that there have been major initiatives for education and prevention around the state during the same period of time.
Should the bill pass, the federal government would have control over what BAC constitutes use of the ignition interlock device. To offset the costs of implementing the program, the bill calls for a $25 million grant to the states for participation. In Colorado, the device is paid for by the offender. Many of those against the bill believe the cost of the device should be the burden of the offender, while supporters say that using tax dollars to pay for the devices is a safety worth paying for.
Minor in Possession or Consumption of Alcohol
Underage drinking is a serious issue for many of Colorado’s youth. What may seem like a fun time may lead to some serious consequences for the teens doing the drinking and for the adult who purchased the alcohol. In Colorado, there are two charges commonly issued for underage drinking: Minor in Possession (MIP) or Consumption of Alcohol (MIC). Every year, over 10,000 MIP citations are given out in Colorado.
Colorado Law
Colorado law states that “any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person.” And “A person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control” is considered possession of alcohol. Of course, these charges combined with operating a motor vehicle can have devastating consequences.
If convicted of a Minor in Possession or Consumption of Alcohol charge, the minor can face the following penalties:
First Offense of MIP or MIC in Colorado
On the first offense of a MIP or MIC in Colorado, a fine of up to $250 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to three months.
Second Offense of MIP or MIC in Colorado
On the second offense of a MIP or MIC in Colorado, a fine of up to $500 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to six months.
Third Offense of MIP or MIC in Colorado
For the third, or subsequent, offenses the penalties become much more harsh. The third offense is a Class 2 Misdemeanor that can bring six to 18 months in jail, fines of up to $1,000 and loss of license for one year. In addition, alcohol assessments and treatment programs are almost always required and must be paid for by the individual.
Denver Police Crack Down on Marijuana Growers
This past week had Denver police officers kept busy with an operation referred to as “Operation Sweet Leaf” that has sixteen people charged with racketeering, marijuana distribution and money laundering. Police swept the city and raided dozen of homes across the metro Denver area thought to be part of a large marijuana growing operation.
The homes were found in Adams County, Weld County, Broomfield, Erie, Breckenridge and Denver. Multiple agencies were involved in the planning and investigations, including the Drug Enforcement Administration, the Internal Revenue Service and local police forces. The North Metro task force was the head of the investigations.
Officers involved in the raid served search warrants at 25 houses, in addition to the sixteen arrests. Over 1,000 marijuana plants were confiscated. While police are stating that there is no link to the state’s medical marijuana system, some people are skeptical.
There are rumors that some of the arrested people may be medical marijuana caregivers. In Colorado, a medical marijuana caregiver is a small provider that serves approximately five patients at a time and grows the marijuana in the home. There is confusion surrounding the legalities and requirements for caregivers, and this confusion may put the providers in the cross hairs of the investigations.
More arrests are expected as the investigations unfold. If you or someone you care about is a medical marijuana caregiver and concerned about the current investigations in the Denver metro area, speak with an experienced Colorado criminal defense attorney to understand your rights.
Why Innocent People Go to Jail
When approached by police, many people believe honesty is the best policy. Many people who are sitting in jail right now uttered the phrase “I was completely honest with the police” or “I had nothing to hide.” The truth of the matter is, if the police come knocking on your door, they are looking for evidence. What you think mike be polite conversation could actually be part of the process building a case against you.
You have no idea what someone may be accusing you of when the police approach you. It does not take a clear confession of a crime to be found as guilty and sentenced to jail time. Police are trained in interrogation tactics that often build trust and rapport, making you think that you are not a suspect in the crime. They often ask confusing questions that can paint you into a corner, making you appear guilty when you may not be.
The police officer often needs you to only say a few key words before you can be charged with a crime. Considering that you have no idea what those words may be, you cannot afford to take chances with any words at all. When approached by the police, simply refuse to speak to the officer until your attorney is present. You do, after all, have the right to remain silent.
If you fear you may be accused of a crime, or have had the police approach you, seek the help of an experience Colorado criminal defense attorney immediately. You cannot afford to be without representation. Attorneys know the games that are played during questioning, and can help you avoid making costly mistakes.
What Qualifies as a Domestic Violence Case in Colorado?
Many times, people accused of a crime in Colorado appear in court and find themselves facing a judge that tells them their case involves domestic violence. The reaction to this claim is often that no violence happened, so how can the judge make a domestic violence claim. It’s important to understand what makes a case qualify as domestic violence.
Colorado Domestic Violence Explained
In Colorado, domestic violence is not as cut and dry as it seems. Domestic violence cases often do not involve any physical harm. The law states that an act or threat to perform an act of violence with a person that is accused has been involved in an intimate relationship. An intimate relationship includes spouses, ex-spouses, unmarried couples past or present, or people that have had a child together, regardless of their current or past living arrangements.
You can also be accused of domestic violence if you commit a crime against person, property, or an animal as a method of threatening, intimidating, punishing or coercing someone that you have had an intimate relationship with in the past or present time.
Why You Need a Colorado Domestic Violence Attorney
As you can see, domestic violence is a very broad term that can be applied to nearly any accusation involving a present or past person you have been involved with intimately. If you are facing a charge that involves someone that could be considered an intimate relationship, don’t take chances by going to court without an experienced Colorado domestic violence attorney on your side.
Colorado Drug Possession: What Now?
Being charged with drug possession in Colorado is no laughing matter. Depending on the amount of the illegal substance you are found with, and the circumstances surrounding the arrest, you could face serious, if not life altering penalties for the charges if found guilty. If you have been arrested for possession, there are a few things you should keep in mind before your court date approaches.
Possible Penalties for Colorado Drug Possession
Nearly all crimes that relate to drug possession are punishable by time served in prison. Failure to appear for court will most commonly land you in prison for six months as a minimum, so be sure to keep track of your court date. If the amount was less than an ounce, and you have no previous criminal record, you may be lucky and be considered a “petty offense” with a $100 fine. More than one ounce of illegal substances will be a misdemeanor charge, which usually brings six to eighteen months in jail and a large fine. Anything over eight ounces is a felony charge, which will likely result in up to a year and half in jail, a suspended drivers license and a very large fine.
Do You Need a Colorado Criminal Defense Attorney?
When you consider the hefty penalties for drug possession charges in Colorado, the better question to ask is “Can you afford not to have an attorney?” An experienced lawyer will have handled hundreds, if not thousands, of Colorado drug possession cases in his or her career. An experienced attorney understands the court system, likely knows the judges that will handle your case, and has the expertise to negotiate on your behalf to help you get a lesser sentence if your charges cannot be dropped altogether.
The law offices of Ellmann & Ellmann PC, in Castle Rock, Colorado have years of experience defending drug possession charges, from the smallest petty offenses to complex cases involving large quantities of controlled substances.
Douglas County Deputy Arrested for DUI After Causing Pile-Up on I-25
The New Year isn’t off to a good start for a Douglas County Sherriff’s Office Deputy, who was arrested for a DUI just before lunch on January 1st. The deputy has been a member of the Special Operations Response Team, which responds to disturbances at the local jail.
This was no small incident either. The Denver Post reported that the off-duty deputy braked abruptly in his Ford Escape on northbound Interstate 25. The quick stop caused two vehicles to crash into the Escape, and caused another three-car pile up as people tried to avoid the accident.
Luckily, the four people injured were treated for minor injuries only. The deputy was arrested and charged with a DUI, careless driving and for failing a Breathalyzer at the scene.
The Douglas County Sherriff’s Office spokesperson suggested that an internal investigation would be conducted, and the Castle Rock police are handling the main investigation. The deputy is on administrative leave without pay for the time being.
Facing a DUI is not something anyone should do on their own. If you or someone you care about is charged with a DUI, especially one involving an accident, seek the help of an experienced Castle Rock DUI lawyer right away.
Repeat DUIs Result in Serious Consequences
Your first Colorado DUI comes with pretty harsh penalties. You likely will face a temporary loss of license, fines, driver education requirements, community service, and possible time in jail or probation. But what happens if you receive an additional DUI? Unfortunately, the penalty is much more severe after the first offense.
If you are facing a second DUI, it is very important that you find a successful Colorado DUI attorney to represent you. The consequences are seriously increased with each DUI a person receives, and an attorney is your best chance of receiving the minimum penalties should you be found guilty of a DUI.
Fines
The minimum fine given for a second DUI in Colorado is $600. Rarely will you skate by with just the $600 fine though. Fines as high as $1,500 are possible for a second DUI, and many judges will go for the toughest penalties in an attempt to prevent future DUIs.
Jail Time
A second Colorado DUI will require a minimum of 10 days served in jail. However, the maximum sentence is one year of jail time. During the time served, you cannot use or earn time off for good behavior.
Probation Requirements
In addition to time spent in jail, a person convicted of a second DUI must have two year of probation as a minimum. The maximum amount of probation is five years.
Additional Expenses
In addition to the fines, a person with consecutive DUIs will incur court costs and attorney fees. If damage was done to a person or property during the DUI, you may also have to pay restitution. Most DUIs come with a list of required treatment programs, and each of these will have a cost associated with them.
Researchers Claim Accident Rates Lower in States with Legalized Medical Marijuana
Many news stories and opinion pieces have been circulating the newspapers and Internet, discussing driving while under the influence of medical marijuana in Colorado. The sheer number of articles available on this topic would make you think that medical marijuana is causing an alarming number of accidents on our roadways.
You might be surprised to find out that the opposite might possibly be true. Recently, two Montana State University professors conducted a study comparing the number of vehicle accidents in states that have legalized medical marijuana and states that have not passed legislation permitting medical marijuana. They compared state-level data from reputable sources, including the National Survey on Drug Use and Health.
The results from their research was surprising, even to the researchers. States that have legalized medical marijuana, such as Colorado, saw a sizable decrease in traffic accidents. The average decrease was over nine percent.
When asked to explain why these statistics might be as they are, the researchers speculated that young people in these areas were likely less likely to drink and drive when they had access to marijuana. They also cited the possibility that those that use marijuana may be less impaired behind the wheel, and therefore less likely to be involved in accidents.
According to Daniel Rees, one of the two professors involved in the research. “The result that comes through again and again and again is that young adults drink less when marijuana is legalized and traffic fatalities go down.”
Many critics disagree with their findings, but it is interesting food for thought. What do you think?
Medical Marijuana and DUI Law
Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.
In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.
If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.
Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.
If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.
Not All DUI Cases Are Cut and Dry
It seems simple enough. You drink, you get behind the wheel of a car, you get pulled over, you take a field sobriety test and you get charged with a DUI. It happens every day in Colorado, but even more so during the holidays. What you might not realize, is that the reports police officers write may contain inaccuracies.
Such was the case with eight DUI cases that were recently dismissed after internal investigations prompted the dismissals earlier this month in Mesa County. More dropped cases are expected as attorneys review the cases involving a particular now ex-police officer that was dismissed on December 1st due to “displayed bias” in situations where the officer was the sole witness on the scene of a DUI.
The vast majority of officers making our roadways safe are credible, and report details exactly as happened. However, it’s worth looking at the report to see if discrepancies exist. If they do, and you have not yet contacted an attorney, you should do so right away.
In some of these cases, on dash cameras will clearly show the inaccuracies, in other cases it may be the word of an intoxicated driver versus the credibility of the police. Regardless, your chance of receiving reduced penalties is significantly higher when you are represented by an experienced Colorado DUI attorney.
New Year’s Eve: Play It Safe
New Year’s is a time of celebration for many in Castle Rock. If you have plans to be out celebrating the new beginnings with your friends or loved ones, it’s important to keep in mind that the Colorado Department of Transportation provides grants to local police departments to help offset overtime so that all officers available can be out patrolling the roads.
Colorado’s “Heat is On” campaign is in full swing for the New Year’s celebrations, and you can expect increased DUI checkpoints and more officers on the roads. The CDOT has also partnered with Mothers Against Drunk Drivers, the Colorado Licensed Beverage Association, the Regional Transportation District in Denver and Miller Coors to help educate and promote responsible drinking.
Aside from having a designated driver this New Year’s, Miller Coors is offering free vouchers for cab fare at some participating locations throughout the state. RTD is also offering free rides in some areas of Colorado.
Smart phone users can download a free app by the name of R-U Buzzed for their Andriod or iPhone device. This app will estimate one’s blood alcohol content and call a cab for you.
For iPhone Users:
http://itunes.apple.com/us/app/r-u-buzzed-bac-calculator/id338979239?mt=8
For Android Users:
https://market.android.com/details?id=com.cdot.rubuzzed&hl=en
It is important to understand that while helpful, this app cannot determine your exact levels. It is always safest to designate a sober driver prior to heading to your holiday celebrations. Hopefully, you’ll play it safe this New Year’s. However, if you find yourself charged with a DUI, contact a Colorado DUI attorney as soon as possible.
Parrish Cox Pre-Trial Hearing
Former second-year Broncos cornerback Parrish Cox, currently facing charges for sexual assault, was in court on Friday for a pre-trial hearing. His trial, originally scheduled to start on October 27, 2011, was delayed until February. Colorado criminal defense attorneys who are working for Cox have denied that Cox ever had sexual contact with the victim, though prosecutors say that there is DNA evidence proving that Cox is the father of the woman’s child.
Felony charges against Cox include sexual assault against a physically helpless person, and sexual assault against a person who was incapable of determining the nature of the conduct. Cox was arrested at his apartment in Lone Tree, CO, last December after the victim reported the alleged sexual assault, which she claims took place in September 2010.
The woman allegedly became pregnant as a result of the encounter, which led to the DNA tests that prosecutors claim prove that there was sexual contact between the two. The Broncos placed Cox on waivers in September, but claimed that the reason for his dismissal was due to on-field performance rather than as a result of the allegations against him. Cox is currently free on $50,000 bail after pleading not guilty to the charges against him.
Attorneys are currently at odds over what evidence can be used in the trial; recently a judge ruled that DVDs involving interviews with Cox could be used as evidence in the trial, although the DVD was never turned over to the District Attorney’s office. Detectives in the case called it a procedural oversight, but this led Cox’s Colorado criminal defense lawyer to file a motion of sanction against the department for a discovery violation in September. There were also, apparently, questions as to whether Cox was properly read his Miranda rights before being questioned, and whether he was informed that he was being interviewed as a witness.
Jimmie Joe Montgomery, Most Wanted, In Custody
It looks like one of Colorado’s Most Wanted will soon be looking for a Colorado criminal defense attorney. On Wednesday, at a motel in Windsor, CO, police from the Larimer County sherriff’s office arrested Jimmie Joe Montgomery, 33 years old. Montgomery was placed on the “Fort Collins Most Wanted” list last month. The charges for which Montgomery was wanted include drug-dealing as part of an operation called Project White Out.
Along with Montgomery, police also took into custody two women, each of whom was wanted on a long list of warrants. The drama came to a conclusion after a long standoff which began when Deputy Derek Signorelli followed up on an investigation regarding a rented U-Haul that was parked at the hotel.
Montgomery is believed to have been a key player in a major multistate drug ring, one of thirty-three people named in the operation, and one of five suspects believed to have been involved with the distribution of methamphetamines as part of the operation.
Jessica Rae Cunningham of Fort Collins was also placed under arrest. The 24-year-old woman was wanted on twelve felony warrants, including identity theft, forgery, motor vehicle theft, vehicular eluding, and theft.
A third person taken into custody was 39-year-old Meradeth Nicole Antolich of Fort Collins, who was wanted on two warrants regarding to her failure to comply with authorities on theft charges.
Police say that the three were hiding out at a Windsor motel when authorities caught up with them and placed the trio under arrest. Both of the women cooperated and surrendered immediately; Montgomery, however, refused to leave the room for over an hour and a half. Police say that even more charges are likely to be filed after a thorough search of the hotel room after the arrests.
Speed, Alcohol Played Factors in Fatal Crash
Colorado DUI attorneys would like nothing more than to be able to turn their attentions to other forms of law. Drunk Driving is a disturbing phenomenon in our society, and it seems that the problems are only getting worse. On Thursday, 36-year-old Jonathan Ichrist of Arvada, CO, was arrested on suspicion of causing a fatal accident in Aurora.
Police say that it was likely that both alcohol and speed contributed to the accident; Ichrist was allegedly driving 92 miles per hour when he ran a red light and slammed into a 2004 Pontiac driven by 22-year-old Catherine Wells of Denver. Wells died in the crash, and her passenger was injured. Ichrist and his passenger were also injured and taken to the hospital.
The accident took place on East Iliff Avenue, where the speed limit is only 40 miles per hour. Ichrist’s bond has been set at $50,000. There are a laundry list of charges against Ichrist, many of which are Colorado felony charges. The charges levied include vehicular homicide, driving under the influence, vehicular assault, and reckless driving.
It is important to remember here that Ichrist has not yet been proven guilty in a court of law, but situations like this make one reflect on just how awful it is that lives are ruined by reckless driving and those who drive under the influence of alcohol. Certainly Ichrist’s life could be ruined by this—the charges against him constitute long jail terms, and a stigma that will follow him for the rest of his life, and that’s not to mention the guilt he will likely carry. But the loved ones of the deceased also have a long road of healing and recovery ahead—they may indeed never gain the closure they so desperately need. Regardless of the eventual outcome, we should take a lesson away from this.
Perjury Condemns Wife in Husband Shooting Case
Here’s another bizarre case for the records. After her husband was shot and killed, a Durango County woman has been arrested and charged with perjury in an investigation following the sentencing of the shooter, her own brother. Perjury is a crime that no Colorado criminal defense lawyer wants to deal with, as it naturally pokes serious holes in the credibility of any case.
The Random House Dictionary defines perjury as “the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry.” In lay terms, this means that if you lie in court after swearing to tell the truth, you’ve committed perjury, which is a serious crime.
Suzanne Garcia, an administrative assistant at local Park Elementary School, was in Baltimore when the shooting actually took place. Nevertheless, she has been charged with a whopping eight felony charge counts of perjury. Pursuant to regulation 1-CCR 301-38, the school district has notified parents directly of the arrest, according to the superintendent’s administrative assistant, Jane Schold.
The County Sheriff’s office has declined to comment on the specifics of the charges, but has said that the investigation is ongoing and there will likely be even more counts coming down the pike. This is a fairly shocking turn of events in a case that has been surprising from the get-go; Garcia has been known as a relatively stand-up individual in the community, having been a cheerleading coach and even run for political office in the state House’s 59th District.
No doubt that as the investigation continues and more charges possibly come to light, the details of the exact nature of these eight counts of perjury will be revealed; it will be interesting to see how Garcia’s defense attorneys deal with the issue.
Afternoon Shooting Suspects in Custody
On Friday afternoon, a teenager was shot in the neck and dropped off at an Aurora County hospital. Police are currently investigating the shooting, and have two suspects in custody. It’s too early to say exactly what happened, but certainly their Colorado criminal defense attorneys are going to have a lot to go through as the case unravels.
According to reports, several parties were involved in a verbal altercation around noon on Friday, when shots rang out. It is believed that two men then loaded the teenaged victim into their car and drove him to Children’s Hospital Colorado in Aurora, where they dropped him off and left. Details are still sketchy, but police caught up with the two suspects, whose names have not yet been released, a few blocks later and placed both of them under arrest. The victim was rushed immediately into surgery. There have as yet been no updates as to his condition. Since the victim is a minor, his name has also not been released to the press.
It’s good that police so quickly acted to take suspects into custody in this case, and we can hope that they got the right men, and that the charges filed, be they felony assault charges or misdemeanor weapons charges, will be appropriate to the crime in question, but there seems to be a lot to sort out yet. Was the shooting in response to the argument, or a consequence of it? Was it an accident or deliberate? That the suspects dropped the victim off at the hospital speaks that there was no intent to kill, or at least that they regretted the act afterward. This is something that a good criminal defense lawyer will bring up at trial. In the end, this is another sad incidence of youth violence in a country plagued by it.
Bizarre Accusations around Former Arapahoe Sheriff
In a case that seems straight out of an episode of Law and Order, on Friday former Arapahoe County Sheriff Pat Sullivan was formally charged in court in a drugs-for-sex case, the charges including three felonies and one misdemeanor. The charges surrounding the case are bizarre and surprising, even for a seasoned Colorado criminal defense lawyer.
Sullivan was jailed Tuesday after a sting operation in which he was allegedly caught trading drugs for sex with a male acquaintance. He was charged with three felony crimes:
- Distribution of a controlled substance
- Possession of methamphetamine
- Attempt to influence a public official.
In addition, Sullivan was charged with the misdemeanor offense of solicitation of prostitution.
Sullivan’s suspected dealer will likely be charged soon.
More potential charges have come to light, however. Allegedly, in 2007 Sullivan assisted his friend Sean Moss, a gay pornographic movie actor with whom he had a long-time relationship, to get a job in a local school system, working for Overland High School. Overland officials said that they have had no complaints regarding Moss’s interactions with students. Moss, however, died earlier this year, and though his death is still under investigation, he had quantities of methamphetamines and GHB – the date rape drug – in his system at the time of his death. Prosecutors believe that it’s possible Moss got the drugs from Sullivan, and they are engaged in an active investigation into this possibility. Court documents show that while a bail bondsman put up the money, Sullivan was involved in a case wherein Moss was bailed out of jail on drug charges shortly before his death.
As any criminal law attorney can tell you, cases like this tend to get more complicated and fascinating as they go on. It should be quite interesting to see how this one plays out.
Fugitive Accidentally Shoots Accomplice
22-year-old Joshua Ringold, a murder fugitive in Mesa County, CO, eluded police after nearly being arrested following his accidental shooting of his own accomplice. The two were sought in the felony home invasion burglary of a Mesa County home. The two homeowners and Ringold’s 16-year-old accomplice were shot during the incident; the accomplice died.
There’s going to be a lot for Colorado criminal defense lawyers to sort out in this one—the dead accomplice, Cody R. English, was supposedly shot by accident during the confusion that resulted from an altercation with one of the homeowners, who allegedly struck one of the suspects with a lead pipe. The chest wound killed English, but the homeowner, who was also shot, survived the attack.
A third suspect in the case, 20-year-old Jeremiah Carey, has already been arrested and is being held without bond, charged with one count of aggravated robbery and burglary.
Police nearly caught Ringold once, tracking him to a house in the Orchard Mesa neighborhood, but he somehow managed to elude police and escape. Police have issued a reverse 9-1-1 warning to the neighborhood, advising residents that Ringold is still at large, should be considered armed and dangerous, and may even still be in the neighborhood. Currently, Ringold “is being sought for investigation of murder, attempted murder, aggravated robbery, burglary, two counts of first degree assault and menacing,” a laundry list of crimes that, if he is convicted, will see him spending a great deal of time behind bars.
There have been so many homicides in Colorado this year—already more than 2010, with still a month to go; it’s a tragedy when such young people who should have their entire lives ahead of them fall into criminal patterns that lead to the violent deaths of other young people.
Colorado Killer Leads Police on Cat-and-Mouse Game
Travis Forbes is a dangerous man, the kind of potential serial killer who even gives Colorado criminal defense lawyers chills. It took police five months to unravel the network of lies, half-truths and fictions he wove around the murder of one young woman and the brutal sexual assault and attempted murder upon a second. Police say there was little doubt that he would’ve killed again, had they not been able to finally wring a believable confession out of him.
Police say that Forbes was masterful in crafting his cover-up stories—he had an excuse for every accusation and an angle to cover any discrepancy. They may never have caught him, had one of his victims survived the attack and provided crucial DNA evidence that allowed Forbes to be finally cornered to the point where he offered a confession in return for a plea deal—no death penalty and no sex crime charges.
The type of cat-and-mouse game on which Forbes led police for five months is not dissimilar to the dance performed in the courtroom when attorneys for the defense and prosecution attempt to unravel all the details in the web of whatever crime is being tried.
In many cases, the sheer lack of credibility a suspect like Forbes has, adds value to his defense attorney. It is not uncommon in trial to see as part of the defense that if the suspect is such a liar, that his confession must also be considered suspect.
In this case, however, the issue is moot, as Forbes cut a plea deal and as a result pled guilty to murder, being sentenced as a result to life in prison. Police have called the woman who survived Forbes’ attack a “super hero,” who had the courage and wherewithal not only to survive such a brutal assault, but to save the DNA evidence that eventually ended Forbes’ reign of terror.
Burglar on Probation Shoots Elderly Woman
Sometimes our criminal justice system isn’t rehabilitative enough. Sometimes punitive justice doesn’t work. Colorado criminal defense attorneys fight hard for the rights of the accused, and sometimes that battle goes on outside the courtroom, to ensure that those who are guilty are properly rehabilitated, rather than simply punished and taught to be better criminals before being unleashed back upon the world.
On November 25, 2011, a 21-year-old man who was on probation was arrested again, this time as a consequence of a burglary in which he allegedly shot and killed an 87-year-old former deacon.
Marcus Smith was already serving probation for second-degree burglary when police say he broke into the home of Kathryn “Kit” Grazioli, and during the course of robbing her house, shot her and left her body burning. All of the details of the crime have not been released, but from what information is available, it would seem that police have at least Smith’s fingerprints.
These sorts of felony crimes are shocking and tragic, perhaps made all the moreso in Colorado, where criminal law attorneys have had their hands full this year, with 26 homicides, up from 2010’s total of 24, and still a month to go. It really does make one wonder, however, whether our criminal justice system is working the way it should. It’s not proper to immediately assume Smith is guilty before he has a trial before his peers, but if he is found to be guilty of this crime, one must wonder how he ended up back on the streets, on probation, rather than in prison to begin with.
One could argue that Smith’s lawyer must have been top-notch, but even still, perhaps we need to take a closer look at how our system is or is not working, to avoid more dangerous criminals being put on probation rather than in jail.
Police Impersonator Commits Two Robberies
Who hasn’t, as a child, enjoyed a good game of “Cops and Robbers?” We all liked to pretend as kids, and many of us spent as much time arguing over who was the cop and who was the robber, as we did actually playing the assigned roles. But what happens when, in real life, the cop becomes the robber? Just such a thing happened—twice—in Denver this week, and the scenario is nightmarish, for Colorado criminal defense attorneys and everyone in Denver.
Impersonating a police officer is a very serious crime which in some states can range from a misdemeanor offense to a felony charge. In those states where misdemeanor level impersonation of a police officer exists, it would involve such things as attempting to arrest someone, writing bogus tickets, or similar acts where the perpetrator is pretending to be an officer of the law, but not committing other crimes as well.
However, in Colorado impersonation of a police officer is a felony and carries a sentence of up to eighteen months in jail. However, it is very often paired with other criminal charges which can vastly increase the associated jail time. Charges like this will affect the accused for the rest of his life—they are difficult to seal and can even affect your ability to get a job.
This particular scenario involved the alleged offender, described as a 5’7” tall, clean-shaven Hispanic male, using a flashlight to pull cars over. When the cars had pulled over, the accused, who wore a dark, police-like uniform complete with badge, approached the car, and proceeded to rob the inhabitants. Two cars were robbed in this manner within a very short period of each other, both in the mid-morning/early afternoon hours.
The suspect is, as of this writing, still at large, and there is a reward for any information leading to his capture.
Ten-Hour Airbase Standoff Ends with Surrender, Arrest
We see news stories about standoffs all too often these days. A domestic dispute escalates far beyond yelling and screaming, and one party ends up holding the other hostage while police SWAT teams spend hours outside the house, trying to either negotiate with the accused or otherwise force their surrender. The drama plays out before the public’s eyes with constant news updates, before the Colorado criminal defense attorneys ever even enter the picture.
What we don’t see every day, however, is a standoff at a United States air base. Just such a standoff happened recently at Schriever Air Force Base in Colorado Springs, home of the U.S. 50th Space Wing. The standoff lasted for ten hours before the airman, whose name has not been released, surrendered and was taken into custody by police. Base operations were never seriously threatened, the base administration said. This is fortunate, as the 50th Space Wing controls all U.S. military GPS Satellites—interruption of these services could have been disastrous.
What is known is that around 10:00 AM, an airman commandeered a building used for troop deployment, and that the cause of the standoff may be related to the fact that the airman was accused of prior misdoings and was facing discharge so that his prior case could be tried in civilian court, with civilian criminal law lawyers.
Truthfully, this is probably a blessing for the accused, as military justice tends to be far harsher than civilian law, though now in addition to his prior offenses he is going to have to face new charges; the offense of commandeering a building and causing a ten-hour standoff with police is likely to involve felony charges, even at the civilian level.
In any case, it’s a relief that the standoff is over. The airman’s future is in the hands of his attorneys, now.
Clinic Workers Cut Deal to Bring Down Pill Mill
A Colorado criminal law attorney has done his or her job well when not only is the client’s rights protected and the sentence proper, but when an even greater crime is stopped in the process. Just such a thing happened recently, when two clinic workers who had been arrested and charged on drug charges were sentenced to time served after they cut a deal to bring down their boss, who operated a clinic that allegedly served as a “pill mill,” freely distributing drugs such as oxycodone to addicts for purposes of substance abuse.
The judge seemed to feel that both women had stepped up to the plate and accepted responsibility for their own actions and roles in the drug distribution, and had on top of accepting responsibility, done a service to the state in cutting the deal to provide valuable information to the district attorney that shut down the entire operation.
Criminal law is strange and complicated, and not always black and white, as much as we would often like it to be. People are not just heroes or villains—sometimes bad situations drive people to take horrible actions, and sometimes those people are able to reconcile with society, reform, and rebuild their lives. It is the job of a strong and qualified criminal law attorney to stand up for the rights of the accused, yes, but also to encourage a guilty client to take responsibility for their actions.
People tend to view defense attorneys as the “bad guys” in the black and white arena of criminal law, but it’s just not the case. Very often, defense attorneys encourage their clients not only to plead guilty, but to cooperate fully with police investigations, and provide any information they can to help bring real criminals to justice.
Sentencing Scheduled in 2010 Colorado School Shooting Case
School shootings are some of the most heinous and tragic events imaginable. Colombine didn’t start the phenomenon, but it did change the landscape—ever since then there seems to have been a spate of shootings, not just at schools, but at shopping malls, even in an Amish community in Pennsylvania. Colorado has seen its share since that fateful day in 1999, and everyone dreads hearing about another shooting on the news. Colorado criminal defense attorneys are no different; these sorts of cases are no fun to defend, to be sure.
A more recent shooting, in 2010, had what some consider to be an unsatisfactory result when the defendant, Bruco Strong Eagle Eastwood, was found not guilty by reason of insanity for his part in the wounding of two eighth graders at Deer Creek Middle School. Now, however, the courts have found Eastwood guilty of firearms violations, an offense which carries up to 1 ½ years in prison.
Here are the questions people will be asking, whether they are everyday citizens, or attorneys specialized in felony crimes. Is this sentence befitting the crime? If indeed Eastwood was competent to violate gun laws, was he competent to know what he was doing when he pulled the trigger? Should his sentence be more stiff?
On the other side of the coin, is this a disguised form of double-jeopardy? Should police and district attorneys be allowed to withhold charges just in case the first charge doesn’t stick, so they can have another go?
Still other questions: if Eastwood is indeed mentally incompetent, how will putting him in jail instead of a psychiatric facility do him any good at all?
If Eastwood is guilty—and it seems the courts have deemed him so—he should be incarcerated. The question at hand is, does the punishment fit the crime? This is a core aspect of our legal system, and one of which criminal law attorneys must always be aware.
Nearly 450 DUI Arrests Occur over Halloween Weekend
Looks like Denver DUI Attorneys stand to be pretty busy over the coming weeks and months! This past Halloween weekend, Colorado State Police, along with 95 other law enforcement agencies all across the state began a major crackdown in enforcement of drunk driving laws; the result was 447 arrests of drivers under suspicion of driving while intoxicated.
Across the state, Denver posted the most arrests of any other jurisdiction, with a total of 58. Colorado Springs, Aurora, and Adams County also posted high numbers, though not near Denver’s lead.
The reason for this crackdown is that traditionally in Colorado, October is a rather deadly month. In 2010, there were seventeen deaths related to drunk driving, while in 2009 a whopping twenty-seven people died in alcohol-related car accidents.
DUI attorneys will help to make sure their clients’ rights are protected in cases like this, but drunk driving is no joke, nor is having a strong and qualified traffic law attorney a magic fix should you get arrested for the crime. The penalties for DUI are extremely stiff: the drivers in this October’s crackdown can face fines of up to $10,000, not to mention loss of driving privileges, court fees, and insurance increases—and this doesn’t take into account the jail time that can result from such offenses.
Offenses like this stay with you for the rest of your life. Even without jail time, a DUI offense can stay on your record for life, and can affect your life in more ways than this blog has the space to spell out. It’s amazing that even after all this time, with all of the information and education that’s out there about drunk driving, that so many people still get arrested for DUI offenses every year.
Vampire Attack in Denver—But Halloween is Over!
So as you might imagine, Denver criminal law attorneys have to defend more than our fair share of assault cases, ranging from parking lot fist fights to attempted robberies, to domestic violence cases. Assault is probably one of the most frequent forms of criminal charge levied—there are dozens if not hundreds of assault charges filed across the country every day. This is partially because we as a country have become hypersensitive to the idea of one-on-one violence, but the point is—attorneys see a lot of different kinds of assault charges and criminal law trial lawyers deal with some very crazy laws.
One thing that attorneys don’t get to see very often, however, is a real-life vampire attack.
On November 7, a woman allegedly walked into a convenience store and bit a customer and a clerk on the neck. Now Denver police are looking for the woman, who will likely find herself in need of a criminal law attorney pretty soon. Surveillance footage is available of the woman, who apparently left the store with a man driving a red sedan after the two attacks.
Denver crime stoppers is involved with the case as well, and is offering a $2,000 reward for information leading to the woman’s capture.
As to the woman’s motive, that has yet to be established, but it’s not a stretch to say it is highly unlikely that she was after their blood to slake her undead thirst. After all, don’t vampires only come out on Halloween?
It is interesting to note that the woman is said to have groped the customer she bit, and to have bitten the clerk after requesting a hug. Vampirism has become a fairly common sexual fetish over the past twenty years or so; is it possible the attacks were an effort to fulfill this fetish?
Or maybe the guy in the car just dared her to do it.
Talk about Bad Luck! Longview Man Plows Police
Sometimes you hear about an alleged drunk driving accident wherein nobody got hurt, that just reeks of bad luck to the point where even though you know the poor guy on the receiving end was entirely in the wrong, you can’t help but feel just a little bad for him. Even a Denver DUI attorney has to get a chuckle out of such stories. In fact, just such a thing happened on November 8 outside of a Longview, CO, bar.
A man had allegedly been evicted (“with difficulty,” according to bar owners) from the bar after a night of heavy drinking. He got into his car—never a good idea when you’ve been drinking—and left the bar, driving at about 10 miles per hour.
When police tried to engage the man to make him pull over, one pulled up behind him and one in front. Instead of pulling over, he drove his car directly into one of the police vehicles…and then backed up and hit the one behind him!
If there were a portrait of how to make a bad situation worse, this would be it. This is a guy who sorely needs to obtain the services of a good dui lawyer, because there’s going to be consequences far beyond your usual driving while intoxicated conviction, if indeed he is found guilty of said charge.
In fact, things get worse for the driver, whose name has not been released. Police have said that he is an habitual offender, with over twenty-five past violations, as well as current restrictions on his license.
Drunk driving, of course, is no laughing matter, but when something like this happens, there’s so much bad luck involved (along with bad judgment) that one can’t help feel just a bit of pity for the alleged offender.
Aurora Mom Charged with Child Abuse after Kids Die in Fire
Two children died in an apartment fire while their mother was not home. Is this a tragedy or negligent homicide? A jury will have to decide, as Danielle Brockman faces charges of child abuse leading to death following just such an incident on October 30. Brockman has not secured the services of an independent Colorado criminal defense attorney, but has rather been assigned a public defender, who will no doubt do their best to ensure that her rights are seen to during the trial.
Details are somewhat sketchy at this point, as they tend to be this early in the case, but the 22-year old mother was not at home when the fire broke out; both of the children were rescued, but one died en route to the hospital and the other died at the hospital two days later. Brockman was arrested by police on suspicion of child abuse leading to death. She waived her preliminary hearing and is being held over for trial.
Whether Brockman is indeed guilty of negligence or child abuse will be for the courts to decide, and her criminal defense attorney to argue. There is one thing, however, upon which we all can agree, regardless of whether you are a lay person, a district attorney, or a Colorado criminal defense attorney. Whenever children die, it’s a horrible tragedy and a great loss to our society. It becomes very easy to make these sorts of cases about laying blame for the death. We shouldn’t forget, as a whole society, to mourn the loss of these innocents. Sometimes in a greater sense that’s more important than determining who is responsible. A tragedy is a tragedy, and even if it’s fatal, an accident doesn’t always equate to abuse.
Aurora Man Sentenced to 8 Years for Child Pornography
Child pornography cases are perhaps some of the worst cases a Colorado criminal defense attorney can be called upon to defend. Our society, and perhaps justifiably so, views these sorts of crimes as some of the most heinous of felony offenses. Recently, a man plead guilty to just such an offense, and was sentenced to eight years behind bars for possession of over 30,000 images of child pornography on his computer.
Certainly is up to the defense attorney to protect the rights of his clients, but it is also the overarching duty of every attorney to see that the law is upheld. It’s unfortunate that it is cases like this where defense attorneys are often seen as villains, people who don’t care about the victims. This is patently untrue. Indeed, in this case the defendant plead guilty to the charges levied against him; it’s not often that guilty pleas come without the counseling of a criminal defense attorney, who steps up and advises the client that the evidence is overwhelming, and a guilty plea is quite simply the best defense.
In this case the article is unclear whether the defendant plead on the advice of attorneys or of his own volition, but certainly the evidence seemed overwhelming, and there’s an important point to make: sometimes, in fact, it is the duty of a criminal defense attorney to advise a guilty plea, whether it be because he believes his client is guilty, or whether it be because a guilty plea would be in the best interest of his client overall, as part of a plea deal that would result in a lessened sentence in a case that cannot be won, even if the attorney believes in his client’s innocence. It’s a delicate balancing act, and ethically lawyers are compelled to uphold it.
Eye in the Sky Nabs Suspect – Orwell’s Nightmare?
Recently, a new infrared eye on a Denver police helicopter helped to apprehend a man accused of robbery and assault in the street. Nobody would claim that capturing a criminal is a bad thing. If someone breaks the law, they should be subject to a punishment exactly befitting the crime committed after being granted a fair trial of their peers and found guilty in a court of law; this is the core of our legal system. Everyone has the right to trial, and of representation by a competent criminal law defense attorney.
However, at what point does the need for law enforcement officials to do their job conflict with the legitimate privacy concerns of citizens? As anyone who has read George Orwell’s classic novel 1984 can tell you, the fear of victimization and the desire for security at any cost can lead to thought crimes and the nightmare of Big Brother.
Some people claim that privacy in our era of reality TV and social networks is an illusion at best, but do we still enjoy some reasonable expectation of privacy? Is this normal police patrolling, or is it spying on normal citizens while looking for criminals?
It’s not the purview of this blog to make value judgments on the tactics used to catch criminals; however, there are certain questions we as a society must keep in mind. Among these questions is that of the invisible line—at what point does police patrolling cross over into invasion of privacy? Is there a reasonable expectation of privacy when one is on a public street?
Assault and robbery are serious crimes, and assuming the suspect is guilty, it’s a good thing the suspect was caught. But it’s important for Denver criminal law attorneys to keep in mind that the job of a lawyer is to protect the rights of the individual, and both attorneys and the public should be ever vigilant regarding these questions.
Occupy Denver Movement Clashes with Police
The movement that began as Occupy Wall Street has spread across the nation like wildfire. To many the movement is confusing and bemusing—many of the protestors in these movements have been unable to clearly articulate exactly what it is they are trying to accomplish, aside from the ephemeral “Change,” and that they are against corporate greed. The one thing that is certain, however, is that more and more these movements are finding themselves at odds with authorities, a fact that is keeping Colorado criminal defense attorneys busy these days.
A recent clash between protestors in the Occupy Denver movement and hundreds of Denver police and SWAT officers has resulted in twenty arrests. Two of those arrested have been charged with felonies after being accused of assaulting police, charges that will stick with them for the rest of their lives unless their defense attorneys do a very good job.
The protest began when police moved into the park near the Denver Civic Center to remove illegal sleeping tents; the city has granted permits for food tables, but not sleeping structures. Protestors took umbrage to the efforts of police and surged in, which resulted in a melee that saw police firing pepper bullets into the crowd and using pepper spray.
Whether or not the force exercised by police was excessive will be an issue for the courts to decide; certainly the tactics used will come under scrutiny by the Denver criminal law attorneys that try the case.
Still, it’s clear that things are getting tense with the “Occupy” movements and something has to give, soon. The biggest question, however, is “what will give?” It would help if more people actually understood the agenda of the movement—it’s difficult to address demands when there are none clearly articulated.
Former DA Faces Prison after Sex Crime Plea
It is extremely easy to demonize criminal defense attorneys; indeed, it’s even popular to do so. Watch any television legal drama. Most of them, with one or two notable exceptions, focus on the District Attorney and the police, painting them as heroes while the defense lawyers are almost universally portrayed as sleazy, profit-obsessed, and even corrupt. This portrayal couldn’t be further from the truth, and is insulting to honest Colorado criminal law attorneys.
This isn’t to say that there aren’t corrupt and underhanded defense lawyers out there—just like with any profession, there are bad apples. But the District Attorney’s office isn’t always full of white knights, either. Recently, former DA Myrl Serra pleaded guilty to sexual misconduct and extortion related to three women.
Though sentencing will not be until January, Serra faces up to twelve years in prison for his acts. Suddenly, he looks a bit more like one of the prosecution attorneys on the TV series Harry’s Law than he does a heroic ADA on Law and Order.
The point here is not to attack the district attorney’s office. Far from it; though the DA and criminal defense lawyers almost always find themselves on opposite sides of the battle lines, both sides perform an important function in our legal system, and both sides have to believe wholeheartedly in what they do in order to be effective at their job.
Defense attorneys are not villains, contrary to what much of the media might have us believe. The landscape is rarely that black and white; both defense attorneys and district attorneys fill important roles, and both are at times heroic. Sometimes, just sometimes, District Attorneys wrongfully convict innocent people, and sometimes defense attorneys save the life of an innocent who is wrongly accused.
Elderly Woman Pulls Gun on Kids
A 74-year-old wheelchair-bound Colorado woman has been formally charged with a felony after allegedly pulling a gun on a group of children…for drawing with chalk on someone else’s driveway. Joyce Bradmon claims that the gun in question was simply an unloaded pellet gun, a fact any good Colorado criminal defense attorney will be certain to bring up at trial, but it’s still a bizarre case.
The incident took place in August, when Bradmon brandished the gun at some children who were playing with chalk in a neighbor’s driveway. Interviews with other neighbors have seen accusations fly that claim Bradmon constantly monitors the children’s activity in the neighborhood, even taking photographs. The children, parents say, are terrorized by these activities.
Bradmon, who has no prior criminal record, has made disparaging remarks about those neighbors interviewed and says that none of it is true, though she admits having waved the unloaded pellet gun. Now facing felony charges, she could see up to three years in prison for the incident in question.
It really makes one wonder sometimes what kind of a world we live in, where a 74-year-old woman is brandishing guns—even unloaded pellet guns—at children why by all accounts are six and eleven years of age. But it also goes to show that criminal activity spans the range of age groups and goes far beyond economic and racial lines. It’s hard to imagine a senior citizen in her seventies needing to hire a criminal trial lawyer. Even still, here we are, and it’s happened right in our own back yard. Three years can be a long time for a 74-year-old; one would hope that, given the circumstances, some sort of mental evaluation would take place as part of the proceedings.
In any case, it certainly brings new meaning to, “You kids get off my lawn!”
But I Had No Idea She Was Going to Rob the Place!
53-year-old Norma Sisernos has been arrested and accused of robbing a bank with her 31-year-old daughter Tina Guerrero. Denver police say that the couple went into a bank in Westminster, where one of them claimed to have a bomb, and they proceeded to rob the bank. Now here’s the twist: Norma claims that she never knew her daughter was planning to rob the bank, and that she is essentially an innocent bystander in the whole affair. If ever there was a case where a person was in dire need of a really good and qualified Denver criminal law attorney, this is one for the books.
Siserno claims that she never actually went into the bank, and that she had been sitting in her car playing a solitaire game and waiting for her daughter to come out of a uniform store that was next door. She also says she had no idea that her daughter even went into the bank until police pulled her over and arrested her and her daughter.
She also claims that her daughter has a drug problem and has been banned from Siserno’s house due to past theft. Still, she says, she never thought that her troubled daughter would sink as low as to rob a bank. Now Siserno, too, faces charges of aggravated robbery with a deadly weapon, felony charges that could lead to a very long prison sentence.
It’s an unusual case, and whether or not her claims are valid, or at least valid enough for a criminal defense, are for the courts, the prosecutor, and her criminal law attorney to hash out. It won’t be the first time ignorance has been brought up as a defense; the jury will have to decide whether the claim is believable enough for an acquittal.
Throwing a Fit on a Plane: Not a Good Idea
An unruly man who caused a ruckus on a Los Angeles-bound plane that caused the aircraft to be diverted to Denver, now faces twenty years in prison. Authorities say that Varoujan Khodjamirian consumed several alcoholic drinks and became loud and disruptive, kicking the seats in front of him, shouting threats, and even striking a flight attendant. If anything is certain, in today’s society, Mr. Khodjamirian needs to acquire a good Colorado criminal defense attorney, and fast.
Airlines, trains and busses are places that people should not mess around these days. In the post-9/11 era, unprecedented security measures are in place in the United States, and even striking a bus driver is classified as a crime under the United States Patriot Act. Naturally, folks tend to be a little on edge regarding disturbances on aircraft, even ten years later. As a result of his acts, Mr. Khodjamirian is facing twenty years in federal prison, plus up to a quarter of a million dollars in fines. What he did is also a crime under the U.S. Patriot Act.
Now, does Mr. Khodjamirian deserve twenty years in prison and $250,000 in fines from being unruly and disruptive on an aircraft? Does he deserve it even for striking a flight attendant? We have in many cases gone overboard with these types of criminal charges, out of a desperate desire for security. Perhaps Khodjamirian’s criminal defense attorney well be able to put up a strong argument along these lines. While it’s understandable that we as a society are being extra careful after one of the most brutal attacks in our history, we also need to maintain a sense of perspective and ask ourselves if the punishment truly suits the crime. Remember also, our judicial system supposedly frowns on cruel and unusual punishment.
Medical Evidence is Critical to Colorado Assault Cases
Assault is not a victimless crime and, as such, can have many more variables that need considering before an accurate verdict can be rendered in any case. Assault cases involve a victim who has suffered bodily injury and the medical evidence that can prove or disprove that claim of injury is critical in an assault case.
Due to the fact that pain can be considered bodily injury, even when there are no physical signs of injury present, constructing an appropriate defense for an assault charge can be incredibly difficult. Having an experienced Colorado criminal defense attorney on your side to actively question evidence presented by the prosecution and to question the credibility of the witness statements is of great importance for a successful defense in an assault case.
If there were no other witnesses present at the time of the alleged assault you case can ultimately come down to a “he said, she said” battle that you will have a very difficult time winning if the prosecution is allowed to paint you as the aggressor. The lowest type of assault charge in Colorado can still carry a prison sentence of up to two years. Losing two years of your life to false or overblown accusations is very possible if you don’t have the right defense built by an experienced Colorado criminal defense attorney.
Your criminal defense attorney will be well aware of what is at stake and how dramatically your life will be affected if the prosecution can secure an assault conviction and will work hard to build the best possible defense for your case.
