Colorado Springs Criminal Defense Attorney Blog

Child will be charged as adult in Colorado bomb scare case

2013-05-25T03:28:04Z

There is no question that recent violent events within schools as well as the Boston Marathon bombing have left the nation hyper-sensitive to any potential threats of violence. Gun laws are changing, and more and more people are on the lookout for a possible sign of danger and willing to swiftly act.

Are authorities reacting too harshly to a recent situation at a Colorado high school? A teacher reported that there was something that looked like an explosive device within the school The supposed pipe bomb never went off. No one got hurt. A child is charged with attempted murder.

]]> The defendant in this Colorado case is 16 years old. While reports don't name him because of his juvenile status, the court has decided to treat him as an adult in regards to how prosecutors will move forward with the first-degree attempted murder case. Being charged as an adult means there is the chance of significantly more severe sentencing should the boy be convicted of the crime.

This morning the teen was formally charged with first-degree attempted murder and various other charges related to the use of an explosive device. Authorities claim that evidence was found at the boy's home that supported the theory that he is the one responsible for the pipe bomb device found in the Boulder high school on May 13.

Every individual criminal case should be handled based on its own merit and the laws currently on the books. Recent acts of violence, though tragic, shouldn't result in a defendant being treated with a heavier hand unless the laws have changed and made it ethical for the state to do so.

Do you think that the teen in this scenario should be charged as an adult? Please feel free to share your thoughts and insights on this blog.

We will post an update when there is a development in this case.

Source: The Denver Post, "Boulder teen charged as adult in pipe bomb case," May 24

Convicted Colorado inmate temporarily saved from execution

2013-05-23T03:28:04Z

In past blog posts we have discussed the controversial matter of the death penalty in Colorado. Gov. Hickenlooper has had the opportunity to change the system by doing away with capital punishment in the state. He chose not to do so on the general level, but he has made a recent decision that does save at least one man from facing his death sentence.

A man was convicted of murder in Colorado for an incident in a Denver restaurant in 1993, Upon being charged with the violent crime that resulted in the deaths of three people, he confessed to the violence. The severity of the act and the evidence inspired the court to hand down the death sentence. That sentence, however, will not be carried out on Hickenlooper's watch.

]]> Up until a recent decision by the Governor, the convicted man was likely dreading the week of Aug. 18. His execution by lethal injection was scheduled for that time period but now will be postponed because Hickenlooper has enough doubts regarding the matter in order to hold off on the harshest of punishments.

The reprieve isn't permanent or official. Hickenlooper could change his mind, plus he will not be governor forever. There are still supporters of the death penalty in Colorado; capital punishment remains legal in the state. Therefore, anyone who is charged with murder must put up the most aggressive defense possible.

Some criticize the governor's decision. From a personal standpoint, the family of the murder victims believe that justice in this case is the death penalty. From a political standpoint, others argue that Hickenlooper should make a more formal, specific decision about the death sentence in Colorado.

Source: The Associated Press, "Killer's execution delayed indefinitely by Colorado governor," May 22, 2013

Safety group is eyeing US BAC limits, suggesting harsher law

2013-05-16T18:13:01Z

Do you think that the current 0.08 limit for DUI blood and breath tests is fair? Some might argue that they are not dangerously impaired at that level. That doesn't matter, though. If law enforcement catches a driver at the legal limit, the driver will be charged and potentially convicted of DUI. A defendant can be left wondering how he wound up in the stressful situation.

If the National Transportation Safety Board has its way, more drivers might be left wondering how they became targets of a drunk driving investigation. As if the 0.08 blood alcohol content limit isn't enough and doesn't leave enough room for questioning, the NTSB might be on the brink of recommending that states impose a stricter limit of 0.05.

]]> The group met earlier this week to discuss a change in the DUI law and its potential impact on deterring people from driving drunk. It is reportedly looking at laws in other countries and basing a possible future BAC limit suggestion on the idea that drunk driving is prevented with a lower tolerance level.

Some might be surprised to learn that MADD can't even get behind the possible DUI change. Representatives worry that the effort, time and money that would go into enacting that stricter law would be better used toward different safe driving efforts like education programs and the increased use of ignition interlock devices.

Whether the BAC limit changes in Colorado or not, what remains the same is the chance that a breath test result is not necessarily the nail in the coffin of a drunk driving suspect's case. Machines break. Officers make mistakes. An experienced DUI defense lawyer would challenge the validity of a testing device in order to protect the rights of his client.

Source: The Christian Science Monitor, "Drunk driving: Why is MADD among critics of lower alcohol limit?" Ryan Leonora Brown, May 15, 2013

Not all Colorado sex offenders must stay on registry forever

2013-05-13T19:44:05Z

The sex offender registry in Colorado is a way for those who have been convicted of sex crimes to remain punished for a limitless amount of time. They might not be in prison, but they are living within a system that takes away their privacy and some basic freedoms enjoyed by the rest of the public. Did you know that the sex offender registry isn't necessarily a life sentence?

Fox 31 Denver reports on a current rule that allows for some convicted sex offenders to get off of the sex offender registry in Colorado. It only applies to some men and women and is not commonly utilized, but the rule exists and, therefore, is enough to ruffle some community feathers.

]]> For example, a man who was convicted of a sex crime in the 1990s claims that he has lived up to the letter of the sex offender registry law for decades now. He wants to regain some privacy and get his name off of the sex offender registry. That means petitioning the court and arguing one's case for that leniency. According to the Colorado Bureau of Investigation, 2,340 people have gotten their names removed from the registry since 2006 in the state.

Rules are in place that allow certain convicted sex offenders a chance at regaining renewed privacy in their lives. Depending on an individual's conviction, after a specified number of years he or she can petition to have their name taken off of the list. For some people the waiting period might be five years. For some it might be 20. No matter the severity of the offense, an experienced criminal defense attorney is an important aspect to successfully fighting for having true privacy again.

Some Colorado lawmakers as well as some members of the public are against the rules that allow deregistration of sex offenders. There has been talk of legislation that would rid people in the state of that right. If there is a development regarding that matter we will post an update.

Source: Fox 31 Denver, "Law considered to make it harder for sex offenders to remove names from registry," Mark Meredith, May 6, 2013

Drunk biking arrest in Colorado is a sobering reality

2013-05-10T15:44:02Z

According to a Colorado news reports, arrests for drunk biking in Fort Collins are rare. Every once in a while, however, they apparently happen. A recent DUI arrest of a Colorado man is evidence that police will pursue even bicyclists who they believe have had too much to drink before getting behind the handlebars.

Early this week, police claim to have seen the 32-year-old drunk-bicycling suspect violating traffic laws on his bike. After an attempt to get him to stop and pull over, police were then led on a chase to get the resistant suspect to finally stop and take part in their investigation. That investigation resulted in various criminal charges and traffic citations.

]]> Upon investigation, authorities claim that the bicyclist confessed that he had consumed alcohol and that he had also smoked marijuana. Those points, along with the various traffic violations that police report to have witnessed, have led to 11 charges for the Colorado defendant to now overcome. Among those offenses are drunken-bicycling, careless driving, evading police, resisting arrest and more.

This story shows how drunk driving laws can impact a person even if he isn't behind the wheel of a motorized vehicle. Also, it presents the chance to stress that criminal defendants should avoid saying anything to police once they become suspects in a criminal investigation. Admitting to having used drugs and/or alcohol to police without having yet worked with a criminal defense lawyer is not a wise idea. Also not a good idea: trying to drive -- or bike away -- from police.

Source: Fort Collins Coloradoan, "Cyclist arrested on DUI after police chase in Old Town Fort Collins," May 7, 2013

High-profile stories of violence: Do they lead to overreaction?

2013-05-07T18:05:05Z

There is no question that incidents like the Sandy Hook shooting, the Aurora theater shooting, the Boston Marathon bombing and more are all serious acts of violence that ended in tragedy. Naturally, lawmakers and the general public react strongly to such acts, whether it is through crafting legislative proposals, the support of those proposal or in-home efforts to promote anti-violence among one's children.

There are also the school-based efforts that are supposed to prevent violence. Some might be effective and logical, but critics of a recent out-of-state incident worry whether school officials didn't overreact to a seemingly innocent game between two young students. This story suggests that kids might be at-risk of being accused of juvenile offenses for what used to be considered common kid behavior.

]]> Two 7-year-olds claim that they were playing at school. Pencils were a part of the game, with the boys using them as pretend guns. No impact involving the pencils occurred, and no one was hurt. As a result of the game, however, both boys were suspended from their Virginia school. Was this a reasonable response to the boy's actions? At least one parent of one of the boys disagrees with the way the school handled the matter.

Criminal accusations can stem from a variety of conditions. Maybe an act of violence did take place and a criminal charge is warranted. Sometimes, allegations are the results of a misunderstanding. Sometimes, they are an unreasonable reaction to an incident. It is up for the school and the parents involved in this situation to get to a place regarding the matter that they all are comfortable with. Schools tend to have their own policies in place that the school officials will vigilantly defend.

When an incident, misunderstanding or overreaction lands a child in trouble with the law, his parents shouldn't wait to get help from a juvenile defense lawyer in their area.

Source: 99.1 FM, "2 Va. Boys Suspended For Using Pencils As Guns," May 7, 2013

Colorado lawmakers pressured into rethinking sex crime laws

2013-05-04T16:04:01Z

Sex crimes and related issues create passion in people, from media pundits to the average Joe. Some might say that the public tends to react more harshly to sex offenses than they do to even murder. An environment in which that is true makes it tough on those who've been convicted or merely accused of a sexual offense.

Strong opinions regarding sex crimes and the fear of recidivism inspires legislation that tends to throw a wide group of convicted offenders into the same pool. The sex offender registry is an example of that practice. States can generally adopt their own sex laws and offender registry rules, and Colorado stands out as having made at least one independent decision, so far.

]]> The Jessica Lunsford Act refers to a law that sets a significant mandatory prison sentence for those who are convicted of committing sex crimes against kids under the age of 12. If enacted in the state, Jessica's Law would send a person convicted of the sex crime against a child to at least 25 years in prison. The differing details of each criminal case wouldn't matter. If the offense fit into the scope of Jessica's Law, there's be little way around the 25-year sentence.

Colorado has not adopted Jessica's Law. Now, however, Gov. Hickenlooper requests that lawmakers take another look at the state's currents sex crime legislation and consider the possibility of enacting the legislation that has gotten its roots in the ground of 42 states.

When there is a development in this legislative matter, we will post an update.

Source: The Gazette, "Colorado governor calls for review of sex offender sentencing laws," Ryan Handy, May 1, 2013

DUI marijuana bill won't become Colorado law

2013-04-30T16:02:00Z

In a previous post we shared how a new law regarding impaired driving might be added to Colorado's books. A vote last week, however, keeps DUI laws related to marijuana stagnant. The legislative development has resulted in passionate responses from both sides, those who saw the proposal as common sense and those who saw it as a hasty attempt to control a problem that might not exist.

House Bill 1114 would have set a THC limit for drivers at 5 nanograms. Identifying that measurement would require a blood test, which is clearly more invasive than a breath test. Supporters of the proposal worry that with the legalization of marijuana in Colorado, more impaired drivers will be on the road, and police need a way to support a DUI drug arrest. Doubt regarding the bill won over this time, likely just putting off when a similar law will be enacted in the state.

]]> The House passed the bill early in the month, but Senate Judiciary Committee rejected it last week. Critics of the bill worry that the science behind it is not solid or tested enough to support the legislation. What does a 5-nanogram limit really mean, and is it a fair judgment of impairment? Passing a law that would make it easier to charge someone with a crime shouldn't be done without thorough consideration. Plus, the sick who rely on marijuana as treatment might become targets of DUID arrests in Colorado.

This won't be the last attempt to create a DUI marijuana law in the state. It is also important for drivers to know that they can still face legal trouble for driving under the influence of marijuana if they show signs of impairment. Someone who is charged with DUI should work with a criminal defense lawyer whom they trust.

Source: Fox 31 Denver, "Father blasts Colo. lawmakers for killing DUID bill: ‘They voted in favor of pot smokers instead of victims’," Eli Stokes, April 23, 2013

Popularity of video footage can be great help to law enforcement

2013-04-29T02:58:33Z

Technology comes with its perks. Cell phones and computers can make various aspects of our lives much easier and more efficient. A very popular aspect of a phone that most rely on is their camera. Just about everyone is snapping pictures and taking videos all around us.

That reality isn't missed by law enforcement and prosecutors in Colorado. Police no longer simply rely on tips from standers by; they have a wealth of knowledge to gain about certain supposed criminal offenses by checking for video evidence. That evidence can come from multiple sources.

]]> A recent incident at a 4/20 marijuana gathering in Colorado was interrupted by a gunshot. Authorities have found guidance in video footage from the incident that's led them to possible suspects. This is just one example of officials using video to help in their investigations. The Boston Marathon tragedy is a more national example of how various video recordings are available for investigators when an incident occurs.

The recordings can come from city cameras and stores, but they also pour in from civilians who were around when something happened. Most people who follow the news have seen the video after video or picture after picture of the Boston bombing suspects that helped police and the public know who they were looking for. In Denver alone, there are 90 city surveillance cameras that could be used against someone accused of a crime.

Video surveillance can work against criminal suspects, but that's not always the case. Perhaps officials make false assumptions based on the footage. Maybe video surveillance could even help someone's case. An experienced criminal defense attorney would evaluate the best approach in a case depending on the evidence involved.

Source: The Denver Post, "Denver police increasingly rely on video surveillance to solve crime," Sadie Gurman, April 24, 2013

Governor has more decisions to make about Colorado gun laws

2013-04-25T14:38:06Z

Two more legislative proposals are on the desk of Colorado Gov. John Hickenlooper. Anti-gun advocates are not letting up on their goal to have various stricter gun laws enacted in the state. Gun control supporters in Colorado and throughout the country have been inspired to fight for legal changes since various violent incidents involving guns have shaken up the U.S.

In a past gun law post, we shared how Gov. Hickenlooper already had various decisions to make regarding new gun regulations in Colorado. He passed three of the gun control bills. One limits the size of magazines that gun owners can have. Another requires background checks even for private gun sales and imposes a fee for those checks as well.

]]> After passing in the State Senate, Hickenlooper must now decide whether two more gun laws will be enacted in the state:

Senate Bill 195: To get a concealed and carry permit, a person would have to go through in-person, hands-on gun training.
Senate Bill 197: Those convicted of domestic violence would have restricted access to guns.

The media and the public tend to look at these gun control matters from a political perspective. From a criminal law perspective, the changing laws can create a web of confusion among gun owners. The passion within the many lawmakers and civilians who want to create harsher gun laws can work against someone who is a legal gun owner.

Allegations of a violent crime, especially involving a firearm, have always been serious but are now exacerbated by the times and the media's coverage of extremely sensitive cases of violence. More than ever, a defendant charged with a crime of violence needs an aggressive criminal defense attorney who can help mitigate the legal situation.

Source: KDVR, "Final two Democratic gun control bills quietly pass House," April 22, 2013

Police can't always require DUI blood tests without a warrant

2013-04-18T16:32:42Z

In an order that comes from the U.S. Supreme Court, law enforcement in Colorado and throughout the country might want to take a look at their blood test process in drunk driving cases. Collecting blood evidence from DUI suspects isn't always acceptable, particularly when officials don't have warrants to do so.

Think about it. A blood test is a relatively invasive procedure compared to blowing into a Breathalyzer or being asked to count backwards. Someone puts a needle into a suspect's body and collects his blood. That process shouldn't be forced upon a driver without proven, probable cause and, in many cases, a warrant.

]]> Yesterday the Supreme Court ruled in favor of a man who challenged his DUI conviction based on his argument that police unethically collected a blood test from him and used it as evidence. The drunk driving suspect exercised his right to refuse a breath test and pressed on in his defense by refusing a blood test as well. That refusal, however, was not followed, and authorities went ahead with the test without even getting a warrant before the process. That misstep worked in favor of the defendant in his Supreme Court case.

The justices agreed that the case at-hand should have involved a warrant in order for officials to collect the suspect's blood evidence. An accident hadn't taken place; no one's life was endangered at the time of his arrest. The idea that a suspect's blood alcohol content will change over time wasn't argument enough to sway the court to see the warrantless blood test as okay. A person's right to feel secure in his body is a right worth protecting.

Because the Supreme Court didn't lay out specific rules regarding warrants and blood tests, states' will need to do some reevaluation of their blood test collection processes and compare them to the details of this recent ruling and the case that inspired it.

Blood tests are generally more reliable than breath tests in DUI cases. Visit our Colorado criminal defense site to learn more about breath and blood tests, including one's rights related to the matter as well as how chemical tests can be challenged in court.

Source: CNN Justice, "Supreme Court rules against police in drunk driving case," Bill Mears, April 17, 2013

Colorado 'bully' now a juvenile defendant in assault case

2013-04-15T15:42:01Z

It is all the rage these days to discuss the seriousness of bullying trends throughout the country. A recent Colorado incident caught on video and shared via YouTube made bullying a topic of conversation in the state. Now, the conversation isn't just about bullying but also about a teenager being charged with a violent crime.

Should a 14-year-old be charged with third-degree assault for getting into a physical fight with another 14-year-old girl? According to the victim's family as well as some of the Denver area residents, the juvenile should face the criminal charge. It is important for the age and future of juvenile suspect to always be kept in mind.

]]> A conviction of this violent crime doesn't just stop there. A criminal record tends to follow teenagers during the most crucial time of their lives in regards to future opportunities. Access to education and work often take a serious hit when a juvenile has been convicted of a criminal offense.

The social media trend and overall popularity of technology are putting teens in danger of being more easily charged with and convicted of offenses. Prosecutors likely saw the YouTube video of the Colorado high school incident and were ready to act on what they believe that they saw. A video is a strong piece of evidence versus something less visual like mere verbal testimony.

Because of the impact that a criminal conviction will have on a juvenile's future as an adult, it is crucial for a child's parents to rely on aggressive, experienced legal guidance.

Source: Fox 31 Denver, "Middle school bully charged with crime, expelled from school district," Tammy Vigil, April 13, 2013

Our Colorado criminal defense lawyers handle misdemeanor juvenile assault cases and more, always keeping the future of the child in mind.

Divisive bill would add the unborn to victims of Colorado crimes

2013-04-11T14:36:19Z

Critics of Colorado's state constitution are fighting for the rights of the unborn to be recognized. Though they insist that a current piece of legislation to modify laws will not affect laws regarding abortion in Colorado, pro-choice advocates are challenging the legislative effort.

A woman who lost her 9-month-old fetus in a Colorado drunk driving accident is behind the proposed amendment. She sustained injuries in the crash, and her unborn child didn't survive. The loss of her baby was extremely personal, and she isn't satisfied with the fact that her unborn boy couldn't be included in legal terms as a victim of the DUI crash.

]]> Past attempts to redefine "personhood" within the state's constitution have failed. Supporters of the new proposal, the Brady Amendment, point out that this bill differs from past efforts because it only includes cases of negligence and crime.

An overall redefining of "personhood" to include the unborn would impact the legality of abortion in the state. The majority of voters, as past votes have proven, would likely not support this bill if it didn't get specific about how classifying the unborn as victims would only be an option in cases involving crime or civil negligence.

The Brady Amendment has a long way to go if it is going to become law. If in the end it were passed, defendants whose alleged offenses included the death of an unborn child would face an additional criminal charge: "unlawful termination of pregnancy."

Our criminal defense firm handles all types of cases involving homicide in Colorado, including drunk driving. Visit our website to learn more.

Source: Catholic News Agency, "Proposed Colo. amendment to protect unborn crime victims," Kevin Jones, April 6, 2013

Marijuana DUI bill is closer to becoming Colorado law

2013-04-08T14:43:18Z

Medical marijuana has been legal in Colorado for some time. But with the more recent vote to legalize the recreational use of the drug, some lawmakers and traffic safety advocates have upped their persistence to get a law on the books that would prevent DUI accidents caused by marijuana use.

Previous bills to set a THC (similar to a BAC) limit on drivers that would make it clear when they are legally too impaired to drive have failed. A modification to the most current bill House Bill 1114 might be the difference between what has led to the failure of prior legislative efforts and the potential success of this one.

]]> Last week, the Colorado House of Representatives approved the bill, sending it to the Senate to approve or reject. The difference in this legislation is that it provides some flexibility for those charged with driving under the influence of marijuana to make individual arguments regarding their tolerance of the drug and how the THC level that got them charged doesn't mean that they were necessarily too high to drive. Basically, there'd be room to argue that some drivers (those who consistently use marijuana, likely for medical purposes) are highly-functional even if their THC limit meets or even exceeds the legal limit.

If passed, the THC limit for Colorado drivers would be five or more nanograms per milliliter of whole blood. A blood test is necessary to collect the evidence, which is a bit more of an invasive procedure than a breath test in drunk driving cases.

What wouldn't change, even if the legislation passes, is that police would need probable cause to take a blood test from a suspect. No probable cause? No investigation. No arrest. No criminal charge. Our Colorado criminal defense lawyers help those charged with DUI. We will post an update when there's a development in this DUI drug law.

Source: Yahoo! News, "Colorado House Passes Marijuana DUI Bill," Susan Graybeal, April 5, 2013

Aurora shooting suspect faces battle against death penalty

2013-04-01T16:35:38Z

Our previous post covered how Colorado won't be eliminating the death penalty anytime in the near future. And it looks like the rejection of the bill to throw out the death penalty came just in time to support prosecutors' goal regarding the Colorado murder case against now notorious suspect, James Holmes.

Holmes is best known as "the Aurora theater shooter" after the incident of violence at a movie theater showing The Dark Knight Rises last year. Twelve people were killed in the incident while many more were injured. The shootings inspired fights against gun violence as well as little sympathy for the defendant.

]]> As of this morning, Holmes and his defense team know the fate that they are fighting against in the murder trial. Prosecutors announced that they intend to get Holmes convicted of the murder charges before him and to add him to the list of death row residents in Colorado.

Last week, Holmes' team presented a deal that the he would plead guilty to the violent crimes if it meant that he could avoid the threat of the death penalty as sentencing. Today's announcement is a rejection of that settlement proposal, a rejection that didn't take long for the prosecution to deliver.

This development in the high-profile Colorado murder case brings to mind the anti-death penalty proposal that recently failed. Because of the level of violence and the death toll associated with the Aurora theater incident, eliminating the death penalty in the state likely will be a tough battle. The devastation from the violent act is still fresh in the minds of Coloradoans.

For now, Holmes lives with the fear that he will be executed if convicted of murder. However, reports indicate that the defense team is developing an argument of mental illness. If proved successfully, a mental illness defense could mitigate the severity of sentencing and save Holmes from spending his last days on death row.

Our criminal defense lawyers handle Colorado murder cases and cases involving allegations of other violent crimes.

Source: Fox 31 Denver, "Prosecutors will seek death penalty for James Holmes," April 1, 2013