The fact that both parties in the couple were charged with domestic violence provides an example of the complex relationship dynamics that often play into domestic violence cases. Every family and couple are different so it can be difficult to determine the facts and motivations in cases of alleged domestic violence.
]]> To address some of these unique difficulties, the Fourth Judicial District in Colorado recently opened a special court for domestic violence proceedings. The court involves using a three-stage program that is intended to help offenders complete the state-mandated treatment after domestic violence charges.Many jurisdictions have drug or DWI courts that focus on rehabilitation rather than harsh punishment. Studies have repeatedly shown that helping an offender recover and rejoin society is more effective in minimizing recidivism than sentencing them to years in prison. Domestic violence courts are built on the same principle.
Participants voluntarily enter the program, which involves frequently checking in to ensure compliance with court orders. After a conviction of domestic violence, many offenders are required to complete treatment programs aimed at preventing future re-offenses. The court will monitor participants' progress and work with victims to create incentives for compliance.
In order to participate, a person must have been convicted of either a misdemeanor or felony charge of domestic violence and be serving a sentence of supervised probation.
Source: Law Week Colorado, "4th Judicial District opens new Domestic Violence Court," May 1, 2013
]]>Both charges are misdemeanors. It is unclear what started the altercation but it may seem unusual for both partners in a romantic relationship to face domestic violence charges at the same time.
]]> Normally when we hear the term "domestic violence" we imagine an abusive husband beating a blameless, vulnerable woman. While those cases certainly do exist this example shows that sometimes the blame is shared in domestic disputes. Each family and each couple is different, which can make prosecuting and defending these cases challenging.If you are facing accusations of domestic violence the consequences can be severe. You may be unable to see your loved ones or limited in where you can live, work and travel. If you are convicted on serious charges you may face fines, prison time or a lasting criminal record that can affect you for the rest of your life. Given these consequences it is extremely important to work with a criminal defense attorney experienced in related matters.
The state of Colorado may soon have another legal option for those involved in cases like this, and in domestic violence cases more broadly. In our next post we'll discuss a new domestic violence court in one judicial district and how it may change domestic violence proceedings in the future.
College Football Talk, "Colorado State player, girlfriend charged with assault, domestic violence," John Taylor, April 21, 2013
]]>Both charges are misdemeanors. It is unclear what started the altercation but it may seem unusual for both partners in a romantic relationship to face domestic violence charges at the same time.
]]> Normally when we hear the term “domestic violence” we imagine an abusive husband beating a blameless, vulnerable woman. While those cases certainly do exist this example shows that sometimes the blame is shared in domestic disputes. Each family and each couple is different, which can make prosecuting and defending these cases challenging.If you are facing accusations of domestic violence the consequences can be severe. You may be unable to see your loved ones or limited in where you can live, work and travel. If you are convicted on serious charges you may face fines, prison time or a lasting criminal record that can affect you for the rest of your life. Given these consequences it is extremely important to work with a criminal defense attorney experienced in related matters.
The state of Colorado may soon have another legal option for those involved in cases like this, and in domestic violence cases more broadly. In our next post we’ll discuss a new domestic violence court in one judicial district and how it may change domestic violence proceedings in the future.
Source: College Football Talk, “Colorado State player, girlfriend charged with assault, domestic violence,” John Taylor, April 21, 2013
]]>But a 16-year-old girl's failed science project has earned her two felony charges of making a destructive device and an expulsion from school. The student, who even the school principal said has an "exemplary" record, has come to her defense, saying she was not attempting to make a weapon or cause harm to anyone. But the investigation into the project, which resulted in an explosion on school grounds, is continuing and she could face serious criminal punishment, if convicted.
]]> The project, which the Florida girl conducted in a school yard, entailed a water bottle filled with toilet bowl cleaner and pieces of aluminum foil. She later told authorities she was shocked; she didn't expect the mixture to do anything more than produce a bit of smoke. But after it exploded, school district officials had her arrested. While no one was injured, the district said it had a duty to uphold its conduct policy with no exceptions.The incident is being handled by the Florida State Attorney's Office and could have far-reaching consequences for the student. Even if the charges against her are dropped, the allegations could affect her future academic success -- quite a shame, considering that some of the greatest inventions and achievements in science have happened by accident.
Many people in Colorado have been accused of committing felonies without intending to cause any harm. These defendants may benefit from an attorney who can do a better job explaining their intentions and possibly have charges reduced or even dismissed.
Source: Fox 31 Denver, "Student expelled, facing felony charges after failed science project," May 2, 2013
]]>While those three measures were quickly sent to the governor and signed into law, two more bills have been moving around in the state legislature and the governor's office while lawmakers grapple with their wording and implications. One of those bills could have significant implications for people accused of domestic violence in the state.
]]> Senate Bill 197 would prohibit people who have been convicted of domestic violence from owning or carrying a firearm. It is designed to protect victims of domestic violence from potential gun violence at the hands of abusers. However, the bill was recently amended again and must be considered once more by the Senate.Like any gun control measure, SB 197 has garnered criticism from gun rights advocates. The law could be seen as an unfair infringement on the right to bear arms guaranteed by the Second Amendment to the Constitution. Lawmakers have a difficult job in crafting laws that both protect the state's residents and safeguard people's essential rights.
If you are charged with domestic violence or a related crime, losing your gun permit could be just the beginning. Additional penalties may include time in prison or court-ordered classes and therapy with a deferred judgment. This can be expensive, stressful and time-consuming. In addition a criminal record can affect your employment prospects. If you are accused of a crime consider speaking with an attorney.
Source: 7NEWS, "Colorado lawmakers pass another new gun law - requiring domestic violence suspects to give up guns," April 22, 2013
]]>The gun in that shooting is of special interest to law enforcement officials because the suspect in the shooting is a convicted felon who should not have had access to a firearm. A woman is facing charges for the weapons crime of "straw purchasing," or buying a gun to give to another person.
]]> According to police, the woman bought a gun in March and gave it to the accused shooter, an alleged member of a white supremacist group. They said he later used the gun to kill a pizza delivery driver, whose uniform he stole to wear while approaching the prison chief's house.She had no criminal record and no warning signs would have popped up during her criminal background check when she bought the weapon. The Colorado Bureau of Investigation found that the gun store where she bought the weapon acted properly in making the sale to her. She was legally allowed to own a handgun, but not to give it to a convicted felon.
Colorado is one a few states that explicitly bans straw purchasing. It is a class 4 felony and carries a penalty of up to 16 years in prison.
Source: Lawyers.com, "Straw-Purchaser of Gun Charged in Death of Colo. Prison Chief," Aaron Kase, April 8, 2013
To learn more about defending criminal charges in Colorado, please visit our website.
]]>However, a new proposed law has some Coloradoans worried that those sheriffs could face law enforcement action from an outside power: the Secret Service. A bill awaiting signature by Gov. John Hickenlooper would give federal Secret Service agents limited police powers while in the state.
]]> Opponents of the legislation say that down the road it could allow Secret Service operatives to arrest sheriffs in Colorado who refuse to enforce new gun laws. For now, it could also allow agents to circumvent sheriffs and arrest individuals who they believe have broken the law.They also point to some troubling vagueness within the language of the bill. The proposed law says, "The law gives a special agent, uniform[ed] division officer, physical security technician, physical security specialist, or special officer of the United States Secret Service limited peace officer authority while working in Colorado."
The law says the authority that would be given to the Secret Service is "limited" but does not place any explicit limits on that authority. The law also says that a Secret Service agent is granted the same powers as local police officers if he or she sees a crime being committed, has "probable cause" that a crime has been or will be committed, has been asked to assist local law enforcement or is part of a joint task force with local law enforcement.
Source: The New American, "Furor Over Colorado Bill to Give Secret Service Agents Police Powers," Bob Adelmann, April 6, 2013
To learn more about defending criminal charges in Colorado, please visit our website.
]]>On one side of the aisle are people who agree with the voting public of Colorado: that the costs of enforcing draconian marijuana laws outweigh the benefits of locking up offenders. Nationwide, attitudes about marijuana use are changing and the substance is slowly but surely becoming more socially acceptable, particularly of the failings of the War on Drugs come to light.
]]> However, others have encouraged federal prosecutors to go after marijuana users in states where it has been made legal. For example, eight former chiefs of the Drug Enforcement Administration recently urged President Obama to aggressively pursue these cases, calling legalization a "threat to our nation's public health and safety."In the meantime, possession and use of marijuana remain illegal under federal law so it may be possible for Coloradoans to act in accordance with state law but face federal charges. If you are facing charges of a drug crime or if you have questions about your rights it may be wise to speak with someone who understands the complexities of both state and federal drug statutes.
Consider getting in touch with an experienced criminal defense attorney who can help you review your situation, defend against any potential criminal charges and make sure your rights are protected in and out of the criminal justice system.
Source: The Columbian, "In Our View: Will Feds Rip New Pot Laws?" March 18, 2013
To learn more about defending criminal charges in Colorado, please visit our website.
]]>This information would go into the national DNA database, which currently contains more than 10 million DNA profiles. Lawmakers use this information to check and see if a suspect has committed past crimes, to check evidence for any match with a known offender and to go back and solve cold cases.
]]> This bill is especially timely as the Supreme Court recently heard arguments in a case surrounding DNA collection. The justices will address the question of whether it is constitutionally permissible to collect a criminal suspect's DNA at the time of arrest without a warrant. Their ruling could affect the 28 states - and the federal government - that automatically collect DNA when an arrest occurs. Often these samples go into a federal DNA database and may be matched up against swabs from other crimes.Opponents of this practice say that it is unfair to profile a person based on a previous arrest that doesn't result in a guilty verdict. An arrest signifies only that a person was suspected of crime, not that they were committed of one. They argue that taking DNA, an individual's most personal information, without a warrant violates the Fourth Amendment.
If the Supreme Court agrees, it could throw a wrench in Colorado's DNA collection practices, creating a policy that favors personal privacy over robust collection.
Source: 9News, "Bill would require DNA for misdemeanors," Chris Vanderveen, March 5, 2013
To learn more about defending criminal charges in Colorado, please visit our website.
]]>These new laws may signal a dramatic change for some Coloradoans. In some parts of the state owning a gun is as common as owning a car, particularly in rural areas with a heritage of frontiersmanship, wilderness and self-reliance. That pioneering spirit has caused the state's lawmakers to hesitate to pass stricter gun laws in the past.
]]> However, Coloradoans are also uniquely familiar with the tragedy that can come from gun violence. In fact, the bills were signed exactly eight months after dozens of people were shot in an Aurora movie theater. And the tragedy of the Columbine school shooting continues to affect both state and national gun policy.The new laws have not come without controversy. One sheriff has said he will not bother enforcing the laws because it would be impossible. Some worry that in a rush to pass new gun laws as a knee-jerk reaction to violence, lawmakers failed to take the time to craft effective, enforceable measures. Some rural law enforcement officials believe the universal background check requirement violates the Second Amendment, which protects the right to bear arms.
Obviously the issue of gun control is a valid one and advocates on both sides of the aisle are passionate and engaged. One can only hope that Colorado lawmakers and police can work together to craft and enforce laws that are both protective of public safety and fair to the state's gun owners.
Source: The Associated Press, "Colorado governor signs landmark gun bills," Ivan Moreno, March 20, 2013
To learn more about charges of violent crime in Colorado, please visit our website.
]]>The victim entered the nurse's office at the school with a bloody chest wound and school staff apparently found bloodied scissors that they turned over to authorities as the suspected weapon of choice. The teen who is accused of stabbing his classmate fled the scene and was later found walking alone along railroad tracks later that afternoon.
]]> The victim was taken Vail Valley Medical Center and released after treatment. The suspect was arrested on "investigation of felony assault with a deadly weapon causing bodily injury" according to the Eagle County Undersheriff. He has been taken to the local Detention Facility prior to being transferred to Denver's Mount View Juvenile Detention Facility.The boy will be held until a judge can further determine what to do with the teen. The boy has a previous assault for which he was on probation at the time of the stabbing. Obviously, this teen has some angst and difficulty in coping with the difficulties that arise in his life. However, if we allow the justice system and society to give up on individuals such as this when they are 15, we are doing a disservice to the individual and ourselves and hindering rather than helping their rehabilitation.
Those accused of violent crimes, especially teens, need a knowledgeable and skilled criminal defense attorney to fully defend their rights. A criminal defense attorney can assist in building the best defense case possible while constantly protecting the rights of the accused throughout the legal process.
Source: thedenverchannel.com, "15-year-old boy accused of stabbing classmate - possibly with scissors - at Eagle County school," Alan Gathright, Mar. 13, 2013
]]>The incident allegedly happened late one recent evening when the principal came home from a work function. The couple, currently going through a divorce, has been rearranging property between rooms in the house and when the husband came home to items being moved around and removed from his room, the husband apparently became upset. The wife alleges that he began throwing and damaging items while yelling at her to the point where she became scared and called the police.
]]> The man was not only arrested for suspicion of domestic violence, but also child abuse and criminal mischief. The two additional charges stem from allowing their child to witness the incident. The man claims that he at no time yelled at his wife or laid a hand on her, though he did admit to exchanging "stern" words with her. He also wrote a voluntary statement following his arrest in which he noted that having returned from work and seeing his estranged wife's items removed from his room, he decided to do likewise with the items in hers.The Colorado principal has been placed on paid administrative leave following the incident and the community has been informed of the reasons why. Incidents like this demonstrate the difficulties that such allegations carry with them for all involved. Having now been labeled in the community, it will be difficult no matter what the outcome, for the man to return to being considered a community leader.
This case also highlights the need for consulting an attorney prior to making any statements to authorities. A criminal defense attorney will help you put your best case forward and help you navigate the legal issues at hand with all statements and charges. They should be the first point of contact after any domestic abuse charges or arrests, prior to any other actions or statements are made.
Source: dailycamera.com, "Police: Boulder High Principal Kevin Braney arrested in domestic violence case," Joe Rubino, Mar. 8, 2013
]]>House Bill 1214 passed a stat Hours of Representatives committee meeting recently with unanimous support. Colorado currently is only one of four states with no felony DUI law and this proposed bill would apply to all intoxication-related driving offenses once enacted. While some praise the bill's intentions, others worry about its fiscal impact on the state as well as impact on those convicted.
]]> The estimated fiscal impact of the bill has been reduced from $57 million to approximately $16 million. Those expenses take into account the increase in caseloads and extra hires to handle them within the judicial system. City and county governments may even see a reduction in their overall costs as felonies are dealt with at the district court level instead.Though the bill's intentions are meant to protect the general public from repeat offenders, those offenders legal rights must also be taken into account when weighing the benefits. The legislators should consider whether time behind bars and/or extended probations as well as ignition interlock systems for those convicted is the best overall approach. Those convicted of a felony DUI will also be required to attend substance abuse driving safety programs as well as receive alcohol monitoring on top of the other requirements.
If you are pulled over for a DUI, immediately call a criminal defense attorney prior to making a statement. A knowledgeable criminal defense attorney will be able to help you build a strong defense and help you determine the legal options available to you.
Source: ourColoradonews.com, "Felony DUI law gains momentum," Vic Vela, Feb. 27, 2013
]]>That is why when the Denver Police traffic officers set up and conduct random inspections twice a month at various locations across the metro, it is important that these companies and these drivers have all of their ducks in a row. Just last month at one of their inspections, the traffic officers found that roughly 40 percent of commercial vehicles had safety violations that could lead to traffic violation citations.
]]> Those violations for which the drivers were dinged after inspection were bad log books, lights that did not work, problems with brakes, and problems with steering. The officers were conducting the inspection by Sports Authority Field at Mile High. The vehicles that were found to be in violation of safety standards were either fixed on the spot or towed following the inspection.If these issues are not corrected on the spot or after towing, they could potentially lead to traffic violations and accidents with catastrophic consequences should a safety standard not be adhered to or fail in operation. With proper prior planning and prevention, later problems and citations can be avoided.
If you are having issues with traffic violations, citations, or license suspension, please contact an attorney that practices traffic violation defense. They will be able to assist you in defending your rights against any complications and long-term effects such violations may incur.
Source: The Denver Channel, "Officers pull over and check commercial vehicles for safety violations; trucks fixed or towed," Jan. 25, 2013
]]>The state wants to reduce the number of cases in Colorado by half within seven years through such programs as SafeCare. SafeCare is for families that have children five years old or younger that have already been reported to child protective services due to domestic violence. With increased awareness on the issue of domestic violence, the instances of such cases have dropped by 64 percent over the past 20 years, so the state sees its goal as achievable.
]]> The state is increasing collaboration between agencies, creating a statewide hotline, and providing training for "mandatory reporters" of instances of supposed abuse or neglect. While these abuse prevention programs are geared towards providing more adequate care, they also need to ensure that the training provides accurate procedures to prevent unjustifiably reporting parents in some instances.According to some reports, young uneducated mothers are at the highest risk for abusing and neglecting their children since they tend to impose more severe punishments and occasionally shake their babies in frustration. Men seem to be more often accused in the event of a young child's death due to abuse or neglect. It may well be that often times in these instances that the accused abuser is being misrepresented due to a horrible mistake made.
With the heightened scrutiny that will accompany these state programs, more parents are likely to somehow find themselves accused of and reported for abuse, neglect, or domestic violence. If you find yourself somehow in this situation, you will need strong and strategic representation by a criminal defense attorney who practices in the area of domestic violence. Their ability to advocate on your behalf before the courts in a compassionate and understanding manner will go a long way in protecting your rights and correcting any sort of misunderstanding that may have occurred.
Source: The Denver Post, "Cutting child abuse in Colorado by half will require home visits, network of help," Feb. 10, 2013
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