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 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 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.

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.

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.

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.

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!