What Do I Need to Know About Colorado’s Ignition Interlock Laws?

There are two different sets of procedure in the state of Colorado that you must be aware of if you have been accused of a DUI. These are your judicial and your administrative procedures.

It is important to consult with a Colorado DUI attorney immediately so that you can avoid many of these consequences or at least be clear about your administrative license revocation procedures. Many people choose to focus only on the criminal aspects of their DUI allegation and this can leave off the opportunity to gain benefits of your administrative license revocation procedures. Colorado is one of 42 states across the country that has implemented interlock procedures.

This means that your license can be confiscated right away if your blood alcohol content is higher than 0.08 or if at the scene of the allegation, you refused a BAC test. Your license will either be revoked or suspended at that point even though you were not formally convicted in a criminal trial. You could also be charged with an administrative license suspension even in cases in which you are not later charged with a driving under the influence allegation.

These actions are designed to be separate from and in addition to your traditional DUI conviction penalties such as jail time, license suspension, the mandate of an ignition interlock device, jail time and drug and alcohol rehabilitation.

You may be eligible to receive a temporary driving permit for a 7-day grace period and during this time you can also request a hearing to challenge your case. It is important to retain an attorney if you intend to challenge your case as this will be your only opportunity to protect your administrative rights.

If you have an ignition interlock, you’re responsible for having it installed, dealing with any maintenance issues, and paying any fees around it.

 

Do I Have to Come Back to Colorado to Face My DUI Charge?

If you were recently arrested for driving under the influence in the state of Colorado, there are many different questions that need to be handled immediately and with the support of an experienced criminal defense attorney.  Being charged with DUI likely leads you to ask many questions, but you have to get organized with your defense strategy immediately if you intend to proceed and fight for your freedom. 

More questions can arise if you were arrested in an area that you don’t live in or if you were an outsider visiting Colorado and were charged with a DUI. If you live more than a couple of hours from the area in which you were arrested for DUI you might want to avoid the effort, expense, and frustration of coming back to that city for a brief court appearance.  

However, you have to protect your bail bond and not allow a warrant to be issued for your failure to appear in court. This requires an experienced Colorado DUI defense attorney to contact the court and appear on your behalf. You might need to receive an order from a judge that excuses you from returning to the local area with a primary objective of avoiding you having to appear in court.  This can easily be done if you live out of state.

However, if you live in the state of Colorado you might have to return to appear in court once. If there are any court dispositions, your Colorado criminal defense attorney can arrange for your court costs to be paid by mail, to identify a sponsor in your community if you are required to attend public service, and will help to locate an alcohol education class near your home if you are required to do this as part of your consequences.  Schedule a consultation with a criminal defense attorney in your area to learn more about your options.

What Is Colorado’s Indecent Exposure Law?

Did you know that you could be facing criminal consequences if you are accused of indecent exposure in the state of Colorado? Most people might assume that this is not a serious crime, but as with all sexually motivated or sexually related crimes, you need to schedule a consultation with an experienced criminal defense attorney immediately. Indecent exposure happens in two different situations and is typically a class 1 misdemeanor.

A person can commit indecent exposure if he or she knowingly exposes their genitals to the view of any person under circumstances in which a reasonable person would be alarmed. The purpose of this exposure must be with the intent to satisfy or arouse the sexual desire of another person. A person could also be accused of indecent exposure in Colorado if he or she knowingly performs a masturbation act that exposes the view of any person under the circumstances that such a viewer would be extremely alarmed.

While indecent exposure is typically a class 1 misdemeanor, the consequences can be significantly elevated if the violation has been committed previously. If two previous convictions of a violation of this nature have already occurred and are on the person’s record, indecent exposure can be classified as a class 6 felony.

Any type of alleged sex crime can follow you for months or years after it happens. Even being accused carries the weight of serious concerns and anxiety since you’ll likely be worried about how this will affect your reputation and your job prospects.

These situations can have serious consequences and might also require compliance with sex offender registration requirements if convicted. This is why it is so important to retain the services of a lawyer who recognizes the possibility for you to have this issue following you for many years to come. A consultation with an attorney is necessary for protecting your best interests.

 

What’s the Difference Between Colorado DUI and DWAI?

Have you recently been accused of DUI or DWAI in Colorado.  It’s important to understand the distinctions and the varying consequences.  A Colorado DWAI and DUI arrest will result in two different cases in addition to a DMV action associated with possibly suspension of your license, a court case, and maybe different consequences associated with the outcome of that case.

You can be charged with DWAI, driving while ability impaired, DUI, driving under the influence of alcohol or drugs, or both.  A DWAI in the state of Colorado is considered a lesser offense and you will likely be charged with this if your blood alcohol content was 0.05% or higher.

Impaired means that you have consumed intoxicants such as drugs or alcohol that could impact you to a degree in which you are substantially incapable physically or mentally of having adequate physical control or clear judgment.  If your blood alcohol content is 0.08% or higher, you could be charged with DUI, regardless of the driving pattern directly.  DUI charges in the state of Colorado are based only on bodily chemistry.  DUI penalties in Colorado can include up to a one-year license suspension, up to a year in jail, and up to $1,000 in fines for your first conviction.

The consequences are more serious for a second or subsequent conviction.  A second conviction can lead to a license suspension and possible jail time as long as a year and fines of up to $1,500.  You need to retain an experienced criminal defense attorney in Colorado if you have already been accused of DUI or DWAI.

What Those Accused of Crime Should Know About the Colorado Sex Offender Registry

If you have been accused of violating certain sex laws in the state of Colorado, you could face numerous consequences upon conviction including having to register as a sex offender.

A sex offender registry is a database of information about convicted sex offenders that is accessed and maintained by law enforcement. Every state has their own registry system and a person who has been convicted of specific sex offences as well as offences against children has to register at the law enforcement agency in the town or city in which he or she lives after being released into the community.

This person usually needs to re-register every single year and sometimes more frequently as well as whenever he or she moves. It could be classified as a criminal offense if a person moves and doesn’t update or fails to register at all. An offender might also be required to register with law enforcement. Information that the public can obtain about a sex offender include an offense, name and aliases, current address and photograph. The website might also include a physical description, additional information about the official sex offenses, date of birth, and the date of the offense.

If your name shows up on this registry, people might be concerned about buying a house near you or employing you. Even for a mistake made years ago for which you paid fines and served your jail time, the sex offender registry is one big way that this issue can follow you for years to come.

All of this information can follow a person who has been accused of a crime for many years to come and this is why the support of an experienced criminal defense attorney in Colorado should be retained immediately in order to protect the best interests of a person who has been accused and might face these consequences.

 

Victim Claims in Sexual Assault Cases

Any victim who claims that he or she has been assaulted is likely to be taken seriously even if you believe the charges are bogus. This is why being accused should immediately prompt you to hire an attorney to represent your interests.

It is very important for a person who has been accused of sexual assault in Colorado to understand how any of the following situations affecting a victim can ultimately lead to a conviction of sexual assault. Many people are under the impression that sexual assault means a very restrictive definition, but this is not always true, and this can make it very hard to fight back when a victim brings forward brings forward a seemingly legitimate claim of sexual assault. A defendant can be convicted in Colorado of sexual assault if any one of the following aspects are true about the victim:

  • The victim was confined to a prison, jail, hospital or another facility in which the defendant used their authority in that particular situation to coerce the victim into sexual contact.
  • The victim is sleeping, unconscious, inebriated or otherwise unable to give consent.
  • The victim is not able to interpret or understand sexual contact, either due to their mental abilities or their current age.
  • If the victim is 15 years old or even younger and the accused is 4 years or older and isn’t married to the victim.
  • The victim is between 15 and 17 years old and the accused is at least a decade older and not married to the victim.

Unfortunately, sexual assault and rape come with serious sentencing and penalty issues. Sexual assault and rape in Colorado can range all the way from a class 1 misdemeanor to a class 2 felony, based on the individual circumstances of the crime. Most of those crimes are subject to indeterminant sentencing. If you have already been accused of committing a crime like this in Colorado and need help with your legal rights, schedule a consultation with a lawyer today to learn more.

What to Do If You Are Accused of Child Abuse in Colorado

Have you recently been accused of child abuse in Colorado and you’re not sure of how to proceed? If you find yourself in this situation, you are not alone. Being accused of child abuse is a serious allegation and one that may not only affect your reputation but also your ability to spend time with your children. Defending against false accusations of child abuse in Colorado must begin with the support of an attorney.

Parental discipline can be consider child abuse and there is an absolute right to discipline your child as you seem fit.  The Government has no right to tell you how to raise or discipline your child.  As long as you are reasonable with the discipline, you have a defense to child abuse.

Unfortunately, false accusations of child abuse can have negative consequences for you and it can be very difficult to fight back when you have been accused. In a child abuse case, the legal system is structured to protect the child at all times.

This means that this can greatly hurt you in an allegation. You need to identify a child abuse attorney in Colorado who has a successful defense record in handling these types of cases. You will want to ask specifics about the kinds of cases they have handled before because you need to hire an attorney to evaluate your specifics.

Children may be interviewed or have evidence alleging child abuse against you and it can be very difficult to overcome this if you do not have an attorney who is questioning the quality of this evidence and who is prepared to fight back when the consequences are serious. Your life and your future are on the line and it is a big mistake to avoid getting the support that you deserve. Make sure you retain a Colorado child abuse defense attorney who will leave no stone unturned in the pursuit of justice for you.

 

Colorado Drug Felonies Have Doubled Since 2012

A recent study identified that the number of drug felonies in Colorado has doubled since 2012, although the fifth judicial district was an exception. Felony drug filings have increased significantly across Colorado in the last six years, an increase that has disproportionately affected females and contributed to the rising prison budget for the state.

The research report was released by the Colorado Criminal Justice Reform Coalition and found that the drug sentencing reforms within the state that were designed to keep addicts out of prison have not met their expectations. There were tremendous disparities in drug crime trends across the state. Certain judicial increases have seen filing jumps higher than 200%, however, Eagle Counties district only experienced a 1% increase.

Approximately three-quarters of the filings for drug felonies in Colorado during the last year were for sharing or possession, although only 14% came in with distribution charges. Those cases contributed to an overall increase of 12% in the prison population in Colorado in just one year and nearly a 30% increase in the number of female prisoners.

In 2013, the state legislature initially passed a bill that prioritized prison for high level dealers and promoted treatment for users. The overhaul of drug sentencing laws was designed to keep addicts out of prison, however, the research report shows that this likely didn’t work. If you or someone you know has already been accused of a drug crime in Colorado, you need to consult with an experienced criminal defense attorney immediately to outline a plan to protect yourself.

 

What You Need to Know About Crimes of Violence in Colorado

Being accused of any crime is enough to leave you unnerved and confused about your future, but it is important to understand what being accused of a crime of violence actually means.

All felony offenses in Colorado are subject to a broad range of presumptive penalties. A judge can impose these penalties after you have been convicted. If the crime of violence sentence enhancer has been assessed in your case on the part of the District Attorney, drastically increased penalties may apply. This can be a daunting experience, particularly if you do not know what to expect.

The stakes are much higher with a sentence enhancement of a crime of violence.
The presiding judge may have the option to sentence a person to community corrections, the Department of Corrections, or probation within a presumptive range of penalties. This differs based on the offense’s classification. If you have a felony sentence and the jury finds that the offense was committed as a crime of violence, the judge loses practically all of the discretion he or she otherwise would have had in the sentencing process.

The judge cannot sentence a person in this situation to community corrections or to probation and instead must sentence the individual to the Department of Corrections. Furthermore, the possible penalty range increases and the judge has to sentence the individual to at least a mid-point of the presumptive range associated with this. The sentence enhancement of a crime of violence can be challenged only with the help of an experienced attorney.

There are two different components that must be present in order to be at risk of a crime of violence enhancement. These include the alleged offense itself. Several crimes are subject to a crime of violence enhancement, including first degree arson, kidnapping, murder, first and second degree assault, first degree burglary, escape, and criminal extortions. Scheduling a consultation with an experienced criminal defense lawyer can help you.

Any crime of violence or classification of a serious crime should prompt you to get help. You can’t afford to represent yourself in a case like this with high stakes.

What You Need to Know About Allegations of Theft in Colorado

If you have been accused of theft in Colorado, you need an experienced Denver criminal defense attorney immediately. The Colorado crimes of theft are outlined under section 18-4-401 in Colorado Law. Any claim of theft, whether at the misdemeanor or the felony level, is serious enough to warrant a comprehensive criminal defense immediately. If you’re not sure of where you stand and don’t know how to proceed, hiring a talented lawyer is your next step.

A lawyer is the only one who can protect you and make sure you know what to expect in the legal process of fighting back against charges.

You must begin by considering the different types of crimes that can be assessed against someone who allegedly stole something else. Theft charges can range from petty offenses all the way up to felonies, a class one petty offense theft charge involves taking an item valued at less than $50, whereas a class two felony could be assessed if item in question is $1 million or more.

The penalties associated with these crimes are in accordance with the alleged severity. To determine whether or not the state of Colorado will be able to prove beyond a reasonable doubt that you were guilty of this section of the crime of theft of which you were charged, you must look at the critical elements of the crime you were accused of committing. The elements of the crime of theft are that the defendant knowingly exercised control, retained or obtained anything of value of someone else without authorization or through deception or theft and that they knew that it was stolen and intended to permanently deprive the other individual of theft.

If you are accused of theft, the consequences can be serious. You need to hire an experienced Denver criminal defense attorney immediately to develop a compelling defense for your case. You cannot afford to wait as there is too much on the line for your future.