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.

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.

Medical Marijuana Backers Up in Arms over New Federal Memo

The Federal government has been supporting medical marijuana, but a new memo has the proponents of medical marijuana angry. The memo by Deputy Attorney General James Cole says the federal government may prosecute large scale growers of marijuana, even if they are in compliance with local laws. This would seem to contradict other publications by the administration on the subject. With Colorado implementing strong measures that also have been criticized by the medical marijuana lobby, the larger question in Colorado is which law could I be violating, Federal or state? At this point it’s anybody’s guess and in this climate the chance for being charged, while innocent, seems to be growing a lot faster than any marijuana plant can.

Anyone who is charged with a federal or state violation of these laws can only do one thing; call in a Colorado criminal defense attorney to handle the case. These confusing stances by both jurisdictions can give an experienced attorney some advantages in making a case for your innocence. This confusion, however, won’t make it any easier for someone to represent themselves, it will make it harder. An accused cannot declare ignorance of the law because it’s too confusing. All arguments must be made by an attorney on your behalf.

Drug trafficking charges are serious and the advent of medical marijuana is not making these laws any less so. You will need an experienced Colorado criminal defense attorney handling any and all charges in today’s confusing climate more than ever. Your attorney will know how to turn these ambiguities in your favor. They also have the methods they have used in the past to discredit the charges against you. Pointing out any mistakes made by arresting officers in areas like illegal search and seizure, improper issuing of search warrants and similar strategies are where their experience lies. There is no end to the number of ways your Colorado criminal defense attorney can go in attacking the case against you.

The chances of creating a reasonable doubt of your guilt can be enhanced by this current situation with somewhat conflicting laws. The best way to exploit this confusion is by hiring an inventive, experienced Colorado criminal defense attorney. That action on your part gives you the best opportunity to get the results you want.

 

Two Arrested in an Attempted Burglary

Two suspects who were chased by a homeowner were taken into custody last week by the Weld county sheriff’s office after they were spotted trying to break into an out building in a Weld county neighborhood. A neighbor phoned the police and followed the men as they drove away. They are charged with suspicion of attempted burglary. The crime may not be the kind that leads to a news flash on television, but it is the type of charge that a Colorado criminal defense attorney can help the suspects with.

A Colorado criminal defense attorney should always be consulted with as soon as possible after an arrest. They will be the best friend someone in this situation can have. A knowledgeable attorney can arrange for suitable bail and be your representative to the court when proceedings like arraignment are conducted. They will be there to give you detailed information about your rights and what it is the state is trying to do to make the arrest stick.

There may be mistakes made by the arresting officers. In the case of the two burglary suspects the reliability of the eyewitness may be in question. Your Colorado criminal defense attorney may question why that individual was present. An attorney will also question police behavior in a car chase too. What was the description of the cat they were supposed to stop? It may be a case of a similar colored car led to an erroneous arrest.

Many questions will be asked by your Colorado criminal defense attorney. It is the reliability of the answers that they will try to attack and use any discrepancies between those answers and the arresting reports to have the charge reduced or dismissed. If you have been arrested and need the best advice available there is only one reliable answer. A Colorado criminal defense attorney must be contacted.

 

No Suspect Apprehended in Stabbing of a Seventeen Year Old over the Holiday Weekend

There has been a stabbing in east Greeley that may or may not be gang related. The Greeley Tribune reports that the July 3^rd Sunday stabbing of the youngster led to the finding of the getaway car, but little else. A policeman interviewed by the paper broached the possibility that it may be gang related. This kind of speculation may be based on the officer’s experience, but sometimes speculation can lead investigators to seek the wrong individuals and possibly charge them with a crime they did not commit.

If they do arrest someone in this incident, the person or persons charged must retain an experienced Colorado criminal defense attorney. Assault with a weapon is a serious charge and the accused will need all the help they can get. That help should come from a knowledgeable Colorado criminal defense attorney. In the crime above there seems to be no other witness except the injured man. The recollection of a stabbed person would be questioned by an attorney.

The need for this person to get revenge may influence his actions when presented with a possible lineup of suspects. The Colorado criminal defense attorney is aware of the prejudices an assault victim may bring to the identification process. Anyone in this situation will want someone to pay. This can lead to an innocent person being recognized as the perpetrator. Depending on the facts the attorney can question the reliability of any description the victim supplied to the police, or any identification he makes in a courtroom.

There are many other possible tactics an attorney can use to have the charge dropped or reduced. Discrediting the eyewitness account of an injured party is only one of them. A person accused of assault in the state of Colorado needs to have a criminal defense attorney on his side to make sure there is no miscarriage of justice.

 

Judge Finds Probable Cause Against a Greeley police Officer

A judge has found probable cause to have a trial in the sexual assault trial of a police officer charged with groping a female driver he had stopped. The story in the Tribune also said the officer changed his story about not stopping the driver at all, when GPS records for his vehicle placed him at the site of the incident. This is just some of the procedures that the state and attorney for the defense go through in our criminal justice system. If you have been arrested for an assault, sexual or otherwise you can hire an expert to defend you. You can get a Colorado criminal defense attorney.

 

In the case cited, the defendant’s attorney filed a motion to dismiss the charges due to no probable cause. As happens, the aspects of a simple sexual assault case such as this sometimes leaves little evidence other than conflicting stories. When a Colorado criminal defense attorney looks over the evidence, the merits of the state’s case can lead to a request for dismissal. As in this case, even if that is not achieved there are many other strategies that an experienced Colorado criminal defense attorney can use to get an acquittal.

 

Any accounts by witnesses will be reviewed for conflict with established facts. The conduct of the arresting officer will be reviewed to make sure proper reading of your rights and other procedures were followed to the full letter of the law. The Colorado criminal defense attorney knows how to make every piece of evidence in your favor known to the court. They also will file to keep out any evidence that was obtained improperly by the police. The law is very complicated and the best defense is made by a person used to dealing with it every day. You must meet with a Colorado criminal defense attorney as soon as possible. The sooner you do, the sooner you may go free.

 

 

Drug Charges

Colorado Drug Attorney

If you’re charged with a drug-related crime in Colorado, you could find yourself facing serious consequences. Just possessing so-called “controlled substances” is illegal, but so is selling drugs, manufacturing them, dispensing or distributing them and more. The severity of drug charges can be affected by multiple factors – what drug you have, the amount of the substance, and the reason for which you have it.

The Denver drug charge attorneys at Ellmann & Ellmann know the law when it comes to drug offenses. Whether you’ve been arrested for possessing a substance for personal use (generally the least serious of the range of potential drug violations) or something more complicated, we’re here 24/7 to meet with you and to take immediate action on your behalf. If you’ve been arrested for drug charges, you need to know your rights. At Ellmann & Ellmann, our criminal defense lawyers have the know-how to represent you confidently and effectively.

Colorado has adopted the same system of classifying controlled substances that is used by the federal government. The system is referred to as drug scheduling and lists five categories (schedules) that include substances the government regulates. Schedule 1, 2 and 3 drugs are considered the most dangerous. That determination is based on a drug’s potential for abuse, whether it is useful for medical purposes, its level of safety, its potential for causing dependency, and other factors.

If you are arrested on drug charges, the consequences can vary widely. If you’re charged with possession of a minimal amount of a controlled substance for your own use, for instance, you might be fined and perhaps placed on probation. However, if you’re arrested for possession of a large amount of cocaine that’s obviously been packaged for sale in small quantities, the charges are going to be significantly more serious, and you could find yourself facing penalties that include long-term imprisonment.

When your freedom and livelihood are at stake, you want experienced, accessible legal help. The Denver drug charge defense lawyers of Ellmann & Ellmann will confer with you to learn the circumstances of your arrest, to determine the weaknesses in the case against you, and to explain the options available to you. Call Ellmann & Ellmann and request your free, confidential consultation. You can reach our firm at any hour online or by phone at (303) 814-2600.

Drug-Related Arrests in Colorado

Figures provided by the FBI report 17,851 arrests for drug abuse violations in Colorado for the most recent year available. Of that number, minors under the age of 18 accounted for 3,456 arrests.

Information from the nation’s Drug Enforcement Administration confirms DEA arrests in the U.S. for 2009 totaled 30,567.

In addition to the federal arrest statistics, state and local law enforcement agencies in Colorado account for thousands more arrests each year for various drug charges. For instance, in Denver alone, more than 3,700 adult arrests for drug charges were reported in a year’s time by the Denver Police Department.

Sources: FBI, Drug Enforcement Administration, Colorado Bureau of Investigation, Denver Police Department