Greg D. Rawlings, P.C. - Denver Criminal Defense Attorney

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Denver Criminal Defense Law Blog

A better understanding of violent crime and its consequences

Being charged with a violent crime is serious and can carry significant penalties and serious consequences.

The Federal Bureau of Investigation's (FBI) reporting system for violent crime defines violent crime as criminal offenses that involve threat or force. The FBI's Uniform Crime Reporting (UCR) Program records four types of criminal offenses within the category of violent crime, including, aggravated assault, robbery, murder and non-negligent manslaughter and rape.

U.S Supreme Court may consider Denver DUI case

Familiarity with criminal law challenges to serious criminal charges is important for parties accused of committing any crime, including DUI. A Denver-area DUI case may go to the U.S. Supreme Court for consideration. Those prosecuting the case have requested that the Supreme Court hear it. They are hoping that the court will overturn the decisions of both a state judge and the Colorado Supreme Court. Those two courts found that a police officer was required to obtain a search warrant prior to ordering that blood be drawn from a party suspected of DUI.

The case originates from a traffic accident following which law enforcement authorities ordered a blood test of a man without a valid warrant and without his consent. The blood test from 2012 allegedly indicated that the man's blood alcohol content level was three times the legal limit. Depending on the outcome, and whether or not the case is heard by the court, circumstances could either be made easier for law enforcement authorities to obtain blood samples without a warrant issued by a judge or could declare that evidence obtained via a blood test without a warrant must be excluded from consideration against the accused party in any criminal proceeding.

DEA agent arrested in Colorado for domestic violence

Domestic violence can company in a variety of different forms and different faces. Recently, a Drug Enforcement Administration agent was arrested just south of the Denver area for domestic violence charges. The law enforcement officer also faces charges of criminal mischief. The 47-year old is accused of slashing a car tire. Though the DEA agent was charged with domestic violence, authorities did not release the identity of the party whose car tire was slashed or who the alleged victim is.

Sometimes we are reminded the domestic violence can take different forms. In addition to physical violence, which most associate with the term domestic violence, intimidation, threats, control and revenge may all be associated, and included within the definition, of domestic violence. Domestic violence can include physical, emotional, financial and sexual forms of abuse and can lead to criminal charges.

Understanding driving under the influence of drugs in Colorado

Any type of drug charge is a serious criminal charge which can threaten serious penalties. For many individuals in Colorado it may be important to understand that, although marijuana is legal, driving under the influence of marijuana is never legal and can lead to serious charges and penalties.

Driving under the influence of any drug, including marijuana and legal prescriptions, can lead to driving under the influence of drugs charges. It is important to note that while the drug may be legal, driving under the influence of the drug remains illegal. The Colorado Department of Transportation reports that drugged driving, including marijuana-drug driving, is a contributing factor to fatal car accidents in Colorado.

What are protective orders for domestic violence?

Because protective orders commonly arise in the context of domestic violence situations, both victims of domestic violence and those accused of domestic violence may wonder what protective orders are. In Colorado, a protective order, or restraining order, is a legal tool used to protect one individual from the harmful actions of another. Protective orders can be used to protect against physical harm and threats.

Protective orders commonly restrict the harmful actions of one individual against another and prevent one individual from approaching another. Because an individual may also have a protective order placed against them concerning their children, it is important for those accused of domestic violence to understand protective orders. Protective orders also remove the accused individual from the home and require the accused party to remain a certain distance from the home, workplace and public places commonly frequented by the party awarded the protective order.

Defending against multiple DUIs

If you have had multiple DUIs in Colorado, the consequences and penalties can be serious. The possible penalties for multiple DUI convictions increase significantly with each DUI conviction. Those convicted of multiple DUI offenses in Colorado may be required to install an ignition interlock device on their vehicle which can be both financially costly and frustrating. On top of that, additional penalties are possible if you attempt to blow into the ignition interlock device to start your vehicle and any alcohol is detected on your breath.

Drivers who have been arrested multiple times for DUI in Colorado can potentially anticipate stiff penalties. In addition to possible jail time and fines, administrative penalties can result in the loss of your license and additional frustrations. The consequences of a DUI can have a significant impact on many different aspects of your life.

A look at crime in Colorado

A crime study that took a look at crime in Colorado found that firearm-related crimes accounted for a little over 10 percent of all weapons crimes in Colorado in 2010. A little more than half of weapons-related criminal incidents resulted in an arrest. The Crime and Weapons in Colorado report studied data from the National Incident Based Reporting System when creating the report.

Overall, 36,995 weapons-related crimes were reported in Colorado in 2010. When considering violent crimes including murder, rape or sexual assault, robbery and aggravated assault, the study found that aggravated assault was the crime most frequently involving a weapon. The study also revealed that a little over one percent of firearms-related crimes involved a murder.

Colorado State Patrol conducting "zero tolerance" patrol

All criminal charges have the potential to negatively impact the life of an accused individual which is why criminal defense rights are an important part of the criminal justice system. Colorado State Patrol officers have been increasing patrols with the message not to drink and drive. According to social media reports released by the CSP, five allegedly intoxicated drivers were recently arrested prior to 10:00 pm one evening. The law enforcement agency noted that throughout the enforcement weekend, zero tolerance and strict enforcement would be their policy. Over 700 CSP troopers, including every uniformed officer, were noted to be out at some point during the zero tolerance time period.

The CSP believes the efforts have led to fewer fatalities and fewer DUI arrests, presumably because fewer intoxicated drivers are on the road due to increased enforcement. Most criminal charges can result in serious penalties. Felony charges in particular carry a possible penalty of a year or greater in prison. DUI charges are also serious charges and can include prison time, fines, community service requirements and license suspension or revocation.

Domestic violence and what do I do if I am charged with it?

October is Domestic Violence Awareness month. The month provides an opportunity to better understand the topic of domestic violence. Domestic abuse can be both physical and psychological and occurs when one intimate partner, such as a spouse or other type of intimate partner, attempts to dominate the other through physical and psychological means. Domestic violence is the name given to the abuse when it includes a physical component.

Domestic violence can occur between both straight and gay couples and across all ethnicities and economic backgrounds. Domestic violence takes place at any age and men may also be recipients of domestic abuse. It is, therefore, important for both men and women to recognize the signs of abuse. The physical component of domestic abuse is the use of force that endangers or injures an intimate partner which is committed by an intimate partner. Physical assault and battery are crimes which can lead to criminal charges and involve the police.

Man faces DUI and felony charges in Colorado after accident

The criminal law process may seem complex but understanding the ways it works to protect accused individuals can be important. Following a motor vehicle accident in a Denver suburb, a 54-year old man is facing DUI and vehicular homicide charges. The accident killed one 17-year old teenage girl and injured another 18-year old. According to authorities, the man was driving southbound when he crossed multiple lanes of traffic and collided with the northbound vehicle the two teenage girls were in. The man was arrested for driving under the influence, reckless driving, vehicular assault and vehicular homicide. According to police, the man does not have a prior arrest record in Colorado and his blood alcohol content level was twice the 0.08 legal limit in Colorado.

Both felony charges and DUI charges have significant potential to disrupt the life of an accused party in undesirable ways. By definition, felony charges, such as vehicular assault and vehicular homicide can carry severe penalties, including more than a year in prison. DUI charges can also carry serious penalties which can be both criminal and administrative in nature.

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Greg D. Rawlings, P.C. 1404 Larimer Street, Suite 203 Denver, CO 80202 Phone: 720-891-0201 Denver Law Office Map