Denver marijuana DUI attorneys know this measure is likely to affect a large number of people if that happens.

According to The Huffington Post, SB 12-117, which is sponsored by Republicans, passed 18-17 in the state senate. What that bill says is that drivers would be considered under the influence of marijuana if blood tests reveal they have at least 5 nanograms per blood millimeter of THC – the active ingredient in marijuana – in their system.

This bill is rife with problems.

First, it’s important to note, as you are likely aware, that marijuana is legal in this state for medical purposes. That’s not in question.

Secondly, we have to look at how marijuana affects the body versus alcohol. When someone consumes a drink, evidence of that drink is going to remain in their blood stream for a relatively short period of time. That means if you test positive for alcohol, you likely consumed that beverage within the last 24 hours or so.

Marijuana doesn’t work like that. It stays in one’s system for days or sometimes weeks after consumption. This is particularly true for someone using the drug on a regular basis to treat ailments like cancer, glaucoma and chronic pain. The drug builds up in ones’ system over a period of time, to the point where a person may actually test positive for the drug, even when there is no question that they aren’t intoxicated.

In fact, the individual may pass a field sobriety test and have officers testifying to the fact that there was no indication of intoxication – and they could still be convicted of a Denver marijuana DUI under this law.

That is beyond disturbing.

Democratic senators tried unsuccessfully to have marijuana patients excluded from prosecution under the measure.

Lawmakers who support the bill say drugged-driving in Denver has reached “epidemic” proportions. Of course, we all know that’s a scare tactic.

If passed, this measure is going to result in a glut of marijuana DUI cases in Denver. To make sure your rights are adequately defended, make sure you hire an attorney with extensive experience in defending Denver marijuana DUI cases.

Brighton criminal defense attorneys understand that the defendant, who owned a paving and resurfacing company, reportedly billed Adams County for work that was never completed.

According to The Denver Post, he is the second individual who has been sentenced to prison for his role in the alleged scheme.

The defendant had faced 23 counts of Denver theft and Denver fraud, as well as a charge involving influencing a public official. Those counts were consolidated into five counts of high-level felonies, for which he was convicted by a jury in February.

Despite the defendant’s pledge to repay some $250,000 to the county, the judge said it was not enough. Prior to the sentencing, the defendant said he was sorry and pleaded with the judge for probation.

In ordinary theft cases, a judge might be willing to see a one-time, low-level offense as a slip of poor judgment. However, theft from taxpayers – and of such a high sum – was likely to garner at least some prison time.

Cases like this require a skilled Denver criminal defense attorney who can present a defense that has analyzed all different angles. For example, it sounds as if more than one individual was responsible – how great was the defendant’s role? Was the defendant in fact aware of the breadth of the crime? Could the alleged theft have been the result of billing errors?

In this case, it appears the judge wanted to make an example of this individual. He commented extensively at the sentencing regarding the breach of public trust – the trust of those same taxpayers who elect him.

That’s one uphill battle that Denver criminal defense attorneys sometimes face. Judges are supposed to set aside their biases and self-interests when behind the bench. But of course, they are human and that doesn’t always happen.

The defense attorney in this case had pushed for a retrial based on prosecutorial misconduct, alleging that the state unethically tried to influence the jurors with various news stories and public corruption and theories of what the stolen money may have been used for – rather than simply sticking to the facts.

The judge ruled that while the comments may have been out of line, they weren’t enough to require a new trial.

According to The Denver Post, the problems stem from sloppiness at the state’s toxicology lab. There, a lab technician, who has since been fired, is alleged to have failed to follow the standard procedures for operation with regard to DUI blood samples. In turn, that has led to a host of incorrect blood sample readings.

This is gold for the individuals who were arrested on Denver DUI charges and had their blood samples drawn. This attacks the heart of law enforcement’s case. While there may be other evidence that prosecutors could use against these individuals, such as officer observations, that is much more subjective than a blood sample result. If those blood samples are tainted, that’s going to significantly hinder the state’s case.

This could also have wide-reaching implications for other Denver DUI cases because if the state screwed up these samples, what is to say mistakes haven’t been made in other tests?

The Post reports that the lab technician was a recent college graduate who had not been on the job long. His work was supposed to be overseen by a supervisor. In an interview, however, the tech says he did not receive adequate supervision.

The technician says that he was responsible for preforming the initial tests. He said it was “anticipated that mistakes would occur,” yet he expected that his supervisor would conduct quality control to correct them.

An internal investigation found that the technician failed to properly use a piece of equipment used to run the blood sample tests.

In a retesting of about 600 samples from some 200 law enforcement agencies, about 10 were found to have inaccurate readings. That may sound like not many – unless you are one of those 10 people who could be convicted on faulty evidence.

The supervisor has responded that new procedures have been put in place to ensure the same error doesn’t happen again. But how can we be sure it didn’t happen before? This calls into question thousands of Denver DUI cases, and defense attorneys in the coming weeks and months will be closely analyzing the lab results that the state is using to press DUI charges in Denver.

However, as our Denver child pornography defense attorneys understand, the defendant has said it was actually his grandson, aged 14, who acquired and distributed them.

According to The Reporter Herald newspaper, the 56-year-old defendant was found guilty of the charges, and sentenced to 10 days in jail, followed by 15 years  of intensive sex offender probation.  It’s a testament to the strength of his defense that he is serving minimal jail time for this offense. However, if his claim is true, then the sentence is severe, particularly as he is also forbidden to have contact with his 7-year-old son without permission.

Investigators say that they found some 30 discs, both CDs and DVDs, that were titled with the older man’s first name. Those discs contained images and movies of child pornography, according to prosecutors.

News report indicate that the man hadn’t seen his son since his arrest at the beginning of last summer.

The defendant has reportedly never waivered from his claim that his grandson was responsible for the content. He maintained this in multiple interviews with mental health counselors and law enforcement officials.

The content was reportedly downloaded and then shared using peer-to-peer sharing sites. Mostly, the images were of both girls and boys between the ages of 8 and 9.

The prosecutor in the case chastised the defendant, saying that he found it disturbing that the defendant refused to accept responsibility, and at every opportunity, pointed a finger at his grandson. However, our Loveland child pornography defense attorneys would argue: Maybe that’s because he really wasn’t responsible. If you were innocent, would you ever admit to a crime such as this, which our society holds to be deeply heinous and morally wrong?

The man’s defense attorney said that his client is both mentally and physically challenged. Whatever action he might have taken to share the files was accidental. He maintains his client his horrified that anyone would accuse him of harming a child.

Denver child pornography cases are going to involve a great deal of stigma. Our criminal defense attorneys work tirelessly to defend both your freedom and your reputation.

Denver drug crime attorneys have been carefully watching the developments relating to this measure, as it’s going to impact a large number of future cases.

Basically, it’s going to turn felony possession charges into misdemeanor charges, and more severe felony possession charges into less severe felonies.

So for example, under current law, a person who is caught with less than 4 grams of cocaine is going to be charged with a Class 6 felony. That means you’re looking at a minimum of 1 year in prison and up to 2 years. Under the new statute, that possession charge would be reduced to a Class 1 misdemeanor, which comes with a maximum 18 months in jail.

In another example, if you’re charged with possession of more than 4 grams of cocaine, under current law that’s a Class 4 felony, punishable by up to 6 to 8 years in prison (depending on your prior record). Under the new measure, it would be reduced to a Class 6 felony, which would come with a prison sentence of two years.

We think this seems reasonable.

What’s more, the savings generated by not having to pay for these incarcerations would be funneled toward drug treatment of these individuals.

One point of contention, however, is that it would mean many of the defendants won’t have the opportunity to have their cases heard in drug court. That’s because the court hears felony drug cases at the district level. Misdemeanors, though, are handled at the county level. As of right now, there’s no way to direct-file those cases to the district rather than the county.

Denver drug crime attorneys wonder whether a clause could be included to address this oversight. Regardless, though, lower sentences, combined with treatment, are going to result in better outcomes not only for the defendants – many of whom have the potential to turn their lives around and become productive members of society.

It’s also good for taxpayers. Not only will they save on the cost of incarcerations, but an addict who gets treatment is less likely to commit more crimes and return to prison.

But our Denver criminal defense attorneys have seen plenty of situations where individuals accused of Denver crimes are later cleared – although not before their lives are greatly disrupted.

This is why it is so critical to have a skilled Denver defense attorney from the moment you are arrested – and before giving a statement to police.

A case out of Castle Rock recently underscored this fact. It took prosecutors there three years to drop charges against a young, mentally disabled man who had been accused of sexual assault on a child. They even continued to press on with the charges after DNA found at the scene did not match his.

It wasn’t until a second medical exam determined there was no way he could have understood his Miranda rights – let alone have known what he was confessing to under 17 hours of intense interrogation – that the state finally agreed to dismiss the charges against him.

The case involves the alleged assault of an 8-year-old girl. She had described the suspect as a man in his 40s with brown hair who weighed about 200 pounds.

From the start, this should have been a clue to investigators that the 19-year-old red head who weighed a mere 130 pounds was not their guy.

Still, they proceeded in questioning him for 17 hours without his parents or lawyer present. He ultimately confessed, though it was no wonder considering the coercive tactics used.

And while prosecutors say police never forced this young man to say anything one way or the other, a skilled Denver defense attorney knows that threshold can be far different for someone whose mental capacities are lower than average.

The DNA evidence tested at the crime scene soon after the alleged crime didn’t match the suspects, but prosecutors said that doesn’t necessarily prove he didn’t do it. They also say they weren’t aware of his mental disabilities.

For seasoned investigators, these seems somewhat of a stretch, no?

In between the time he was arrested and cleared, this youth was ordered to stay out of Parker (because that’s where the victim lived), couldn’t associate with anyone under the age of 18 and was made to wear a GPS monitor.

This fact was recently highlighted in a Reuters article, comparing Colorado to other states that have legalized marijuana. Other states have taken the approach of allowing local, rather than state, officials to take on the regulatory role.

Of course, all marijuana use and sale is barred under federal law, which is why you need a solid Denver medical marijuana lawyer to help you navigate the system if you’re ever arrested for a marijuana offense. Certainly, there are still plenty of pitfalls to which dispensaries, collectives and individuals can fall prey.

But it’s encouraging that the way Colorado regulates the industry has been held up as a model for how it should work.

While voters in 2006 rejected the overall legalization of marijuana in 2006, the issue is again set to be voted on in November. The same issue will be before voters in Washington state as well.

The medical marijuana regulatory system in Colorado includes the oversight of the Medical Marijuana Enforcement Division. The whole goal of this agency is to stop marijuana intended for medical use to fall into circulation on the black market.

It is this agency that is creating technology that will include scanners and tags that will track every single marijuana plant, from the time its planted to the time it is sold to the consumer.

This differs greatly from the model in say, California, where state officials have left it to local governments to mete out their own guidelines and sanctions, resulting in a legal mess that is utterly lacking in clarity or conformity.

In other states, there are no dispensaries, but rather doctors who dole out prescriptions, leaving patients to secure the plant for themselves.

It’s been 12 years since voters in Colorado legalized medical marijuana, and three years since the state regulatory system has been operational. As of right now there are an estimated 600 marijuana dispensaries catering to some 800,000 patients. In all, the industry generates about $5 million each year in state sales taxes.

A Colorado poll taken last year showed that nearly 50 percent of voters favored legalization of recreational marijuana use, while 40 percent were firm that it should remain illegal. About 10 percent hadn’t decided one way or another.

An accusation that you’ve been involved in a Denver crime, such as theft, assault or sex offense can be terrifying. One mistake people make when they know they’re innocent, however, is talking to police without their attorney present. They assume that because they have nothing to hide, they should have no problems speaking to law enforcement.

The problem, however, is that detectives are trained to trick you. They will talk circles around you, confuse you and then without you even realizing it, you may be confessing to a crime.

This whole issue has become even more important to note in the wake of several false criminal reports that were made by students at the University of Colorado in Boulder.

The first instance involved a student who reported in January she had been assaulted at knife point by a black male while on University Hill. Police eventually determined the 20-year-old “victim” wasn’t telling the truth, and she’s been ticketed on suspicion of filing a false report.

The second instance happened in Februrary, when a non-student said he’d been attacked and robbed at knife point by a Hispanic man. After admitting to family and friends that he’d made the story up, that “victim,” age 24, was also ticketed for the same offense as the first. He’s expected back in court next month.

Admirably, a chancellor for the school sent out communication to all students, urging them to examine their own biases and consider that such claims often unjustly impact people of color, who are more often than not accused of being the perpetrator of these non-crimes.

A Boulder campus spokesman reported that being vocal about this issue will hopefully discourage such reports in the future.

However, even when witnesses are being truthful, sometimes they are simply mistaken. It was dark and they didn’t get a good look at the suspect.

There are a number of tacks that a skilled Denver defense attorney can take in challenging these statements, ultimately determining whether they are flawed or if they hold any merit whatsoever.

Our Denver defense attorneys know that dispatchers, like any other human being, make mistakes. Unfortunately, it appears in this case that the mistake likely resulted in a loss of life.

This illustrates the bigger point that law enforcement doesn’t always get it right. Whether it’s gathering witness statements, collecting forensic evidence or offering their own observations: They sometimes get it wrong.

They could be forgiven being human and making mistakes, but unfortunately, those mistakes can cost you your freedom. This is why it is imperative that immediately following an incident – and definitely right after your arrest -  you contact a skilled Denver defense attorney. You need someone who is going to comb through the facts and be working in your best interest.

In this case, the Denver 911 dispatcher received a call of a reported road rage incident near West 10th Avenue in which a car load of young men had brandished a gun. The victim reportedly returned to his Wheat Ridge apartment and called 911 to report what had happened. But instead of contacting police in Wheat Ridge, and having them respond to the victim’s apartment, the 911 dispatcher instructed the man to return to the location where the incident had occurred and wait for police.

The man even reportedly told the dispatcher he did not feel safe doing so, but the 911 dispatcher told him to simply find a safe place to park and wait for police.

When he did, the same group of young men who had earlier threatened them with a gun returned. One of the men in the victim’s car was on the phone with a 911 dispatcher when the gunfire rang out, fatally wounding a 24-year-old man in the car.

It doesn’t immediately appear that the two groups of young men knew each other – only that the incident stemmed from road rage. Officials with the office of Denver Manager of Safety have admitted to the mistake, saying the dispatcher was using protocol for a lower-level incident, rather than the clearly high-level incident that this was.

If you are accused of a DUI or DWAI, it is imperative you consult with an experienced Denver DUI attorney to learn about your jail sentence alternatives. The knowledgeable legal professionals at The Law Firm of Jeremy Rosenthal have helped countless clients to avoid jail time when dealing with DUI charges and we can provide you with the assistance you need in your case.

Jail Sentence Alternatives

There are a number of alternatives to jail sentences that may be possible under Colorado law. Alternatives include:

• A suspended sentence. This means that you are essentially sentenced to serve a designated amount of time but you will never actually have to be incarcerated as long as you do not get into trouble again.
• A diversion program. Generally, diversion programs are available to juvenile offenders, although this may not always be the case depending on the circumstances of the DUI. The availability of a diversion program may also vary by county.
• Electronic home monitoring or home detention. A defendant sentenced to electronic home monitoring would be confined to his/her home for a designated period of time as an alternative to a jail sentence. Rules for home detention are set forth in Colorado Revised Statute 18-1.3-106
• Work-release or educational release where you are incarcerated but permitted to leave to attend school or work. Work release is also discussed in Colorado Revised Statute 18-1.3-106

Your attorney may also discuss other jail sentence alternatives with you, as well as help you to explore defenses. In addition, it may be possible for your attorney to negotiate a plea bargain with the prosecutor to allow you to plead to a lesser charge with less stringent sentencing than DUI or DWAI.

Eligibility for Jail Sentence Alternatives

Not everyone will be eligible for jail sentence alternatives when accused of a DUI or DWAI. Factors that can affect eligibility include:

• Your BAC at the time of the drunk driving incident. A higher BAC means more serious penalties and a reduced chance in a judge or prosecutor showing mercy.
• Whether you have had any prior convictions. Repeat DUI offenders are punished harshly under Denver DUI laws and alternatives to mandatory minimum jail sentences are rare or even impossible depending on how many prior convictions have occurred.
• Your status as a juvenile or adult. Juveniles are generally given more leeway by the court and provided with more alternatives to incarceration or ways to keep their criminal record clean.

The strength of the evidence against you can also play a role in whether you are likely to avoid jail or not. A prosecutor who has a weak case is going to be more likely to negotiate a favorable plea agreement or to allow you to plead to lesser charges if you decide that defending yourself against the DUI charges is not the best option.

At The Law Firm of Jeremy Rosenthal, our Denver DUI attorneys will evaluate your situation when you are accused of a DUI and we will help to explore all jail sentence alternatives and determine the best course of action for your case. Call us today for a free consultation at (303) 825-2223 or complete our online form.

DUI charges are serious criminal charges in Colorado. Even a first offense is a misdemeanor and you may face a minimum of two days of incarceration for driving while alcohol impaired or five days of incarceration for a DUI. Dealing with police and questions can be tricky, and you need to consult with an experienced Denver DUI attorney as soon as possible in order to avoid saying something that could be used to help convict you in court. The experienced legal professionals at The Law Firm of Jeremy Rosenthal can help.

Your Rights and Obligations When Dealing with Police and Questions

When you are pulled over by law enforcement, you have the constitutional right to remain silent. This means you do not need to volunteer any information. Provide your license and registration to the police as required, But if the officer asks you why you were pulled over or whether you have had anything to drink or used any drugs, you should not be forthcoming with information. Some people mistakenly believe it is better to say that they had a beer or two but the reality is, even this information can be used against you in court and help to build a DUI case.

When a law enforcement officer asks you to take a roadside sobriety test, you have the right to refuse. This includes a preliminary breath test or PBT. However, Colorado Revised Statute 42-4-1301.1 indicates that all drivers in the state of Colorado give implied consent to a blood, urine or saliva chemical test when driving.

This means that although you can refuse a roadside sobriety test, refusing a chemical test has a number of serious implications including the potential suspension or your driver’s license and the creation of a presumption that you are guilty of a DUI. It is very important to distinguish between a PBT or other roadside sobriety test and a test as required under 42-4-1301.1 and a Denver DUI attorney can help you to understand the essential differences.

Dealing with Police and Questions after a DUI Arrest

In Drake v. Colorado Dept. of Revenue, Motor Vehicle Div., 674 P.2d 359 (1984), the Colorado courts held that you do not have a constitutional right to an attorney before taking a chemical test. You do, however, have the right to an attorney present once you are taken into custody or facing DUI charges.

Having a DUI attorney assist you at this stage is essential. You are facing DUI charges and the resulting serious consequences at this point, and you should always have a lawyer present before answering any questions asked by the police so you do not inadvertently give law enforcement anything to use against you. Remember, the right to remain silent exists for a reason- to protect you. Take advantage of that right.

Most importantly, never admit guilt or plead guilty before talking to a Denver DUI defense attorney. A number of DUI defenses exist to explore, but if no defense is available and you do decide to enter a guilty plea, your lawyer may be able to help you explore incarceration alternatives or plea-bargaining the charges down to a lesser charge.

At The Law Firm of Jeremy Rosenthal, our Denver DUI attorneys will assist you in dealing with police and questions when you are accused of a DUI. Call us today for a free consultation at (303) 825-2223 or complete our online form.

Any of the individual charges you face when accused of a drunk driving hit and run can have serious consequences and can result in not only jail time, but also a permanent criminal record; the loss of your driver’s license; required community service and large fines. When you are accused of a drunk driving hit and run, however, you may face multiple criminal charges. This makes it absolutely essential to consult with an experienced Denver DUI attorney. At The Law Firm of Jeremy Rosenthal, we have helped countless clients with all types of DUI cases and we can put our legal expertise to work for you.

What is a Drunk Driving Hit and Run?

Under Colorado law set forth in Colorado Revised Statutes section 42-4-1301, you may be charged with a DUI if you have a blood alcohol content above .08 percent; if you are impaired by alcohol or drugs while driving; or if you are a habitual drug user. Law enforcement generally charges you with a DUI based on the results of field sobriety tests; chemical tests of the saliva, urine or blood; or your actions and statements made at the scene of the arrest or after the arrest has occurred.

If you are involved in a drunk driving accident, as opposed to just driving drunk, you will still be charged with a DUI but you may also face additional criminal charges as well. Depending on whether anyone was injured or killed in the accident, you may be charged with vehicular homicide (Colorado Revised Stat. § 18-3-106) or vehicular assault (Colorado Revised Stat. § 18-3-205).

Under Colorado law, strict liability applies when charged with vehicular assault or homicide. This means if you operate a motor vehicle while under the influence of drugs or alcohol and your conduct is the proximate (direct) cause of serious bodily injury to another, you are considered liable for your actions regardless of your intent- or lack therefore- to cause harm.

Vehicular homicide or assault charges will generally be brought in addition to DUI charges. This means you could potentially be convicted of both charges. Both vehicular assault and vehicular homicide arising from a DUI are charged as felony crimes.

Unfortunately, many people are afraid of the consequences of a DUI accident and, as such, choose to leave the scene. This adds a third criminal charge: hit and run charges. Colorado law imposes a duty to stop at the scene of the accident and if you fail to do so, you may be charged with a class II misdemeanor if no one is hurt; a Class 1 misdemeanor if injury occurs; a Class 5 felony if the injury is serious and a Class 3 felony if the accident causes a death. This charge alone can result in penalties of between four and fourteen years in prison.

Defending a Drunk Driving Hit and Run Charge

If you are facing a drunk driving hit and run charge, you need a DUI attorney now. You may be able to defend yourself against some or all of the charges you are facing by raising a variety of defenses including a mistaken identity defense (it wasn’t you), or a defense calling into question whether it is provable that you were actually drunk at the time of the accident. When no defenses are available, exploring options for plea-bargaining will be critical.

At The Law Firm of Jeremy Rosenthal, our Denver DUI attorneys will evaluate your situation when you are accused of a drunk driving hit and run and we will help to determine the best course of action for your case. Call us today for a free consultation at 303-825-2223 or complete our online form.

Driving under the influence, or a DUI- prescription medicine charge, can have serious consequences. Not only will your license be suspended and your cost of insurance go through the roof, but you may also spend between 5 days and a year incarcerated and pay a fine of anywhere from $600 to $1,000. Avoiding these serious consequences may be possible, but you will need the help of an experienced Denver DUI attorney. The knowledgeable legal professionals at The Law Firm of Jeremy Rosenthal can help.

DUI- Prescription Medicine in Denver

Drugged driving in the state of Colorado is illegal regardless of what type of drug is causing you to drive impaired. The law sets forth the rules for drugged driving in Colorado Revised Statutes section 42-4-1301 and makes it a misdemeanor to drive while impaired or to drive if you are a habitual user of controlled substances.

Unlike with alcohol-related DUIs, there is no one clear standard for how to determine if someone is impaired while driving. However, numerous law enforcement officials in the state of Colorado have been trained as Drug Recognition Experts or DREs. These DRES conducted 910 tests in 2010 in an attempt to catch those who were driving while impaired by some type of drug.

Those suspected of driving while impaired may also be required to submit to a blood, urine, saliva or other test, as Colorado Revised Statute 42-4-1301.1 establishes that the act of driving in Colorado is tantamount to consenting to testing. While you can refuse, the refusal will be used against you in determining whether you are guilty of a DUI, and will likely result in the suspension of your driver’s license.

Defending Yourself Against DUI- Prescription Medicine Charges

If a DRE believes you are impaired and/or if a blood test reveals the presence of controlled or prescription drugs in your system while you are driving a vehicle, it is imperative you consult with an experienced Denver DUI defense attorney as soon as possible. Your attorney will assist you in exploring all possible options for responding to the charges against you. Options may include:

• Alleging that you were not actually impaired by prescription drugs at the time when you were driving. You do not need to prove your innocence or prove you were not impaired- the burden is on the prosecutor to prove you were impaired. If you can introduce reasonable doubt, you can win a not-guilty verdict.
• Proving that a violation of your Fourth Amendment rights occurred. The constitution protects you from groundless and unreasonable searches and if the police “searched” you by administering drug testing to you with no reasonable cause, then any evidence they collected from the illegal test may not be admissible.
• Negotiating a plea bargain, pleading to lesser charges, or exploring alternatives to a criminal conviction.

At The Law Firm of Jeremy Rosenthal, our Denver DUI attorneys will evaluate your situation when you are accused of a DUI – prescription medicine and we will help to determine the best course of action for your case. Call us today for a free consultation at 303-825-2223 or complete our online form.

If you have a prescription for medical marijuana and you have a DUI- medical cannabis charge pending against you or you are being investigating for a DUI, it is imperative you consult with an experienced Denver marijuana DUI defense attorney. The knowledgeable DUI defense lawyers at The Law Firm of Jeremy Rosenthal can help.

Driving Under the Influence of Medical Marijuana

Laws related to DUI charges in the state of Colorado are set forth in Colorado Revised Statute section 42-4-1301. This code section makes it illegal to drive while impaired by drugs or alcohol or to drive if you are a habitual user of a controlled substance. The law does not distinguish between prescription and non-prescription drugs for the purpose of DUI charges, so someone who is impaired by a prescription medication or by medical marijuana may face the same DUI charges as someone impaired by an illegal drug.

Unfortunately, the law is not clear on exactly how much marijuana a person must have in his or her system before that individual is considered to be impaired. Although there are some efforts underway to change the law and provide a clearer standard, these efforts have been widely criticized in part because of the impact they would have on those who have a valid prescription for medical marijuana.

Long-term medical use of cannabis can cause THC levels to build up in the system, which means that a person with a valid prescription for medical marijuana may appear to have marijuana in his or her system even if he is not high at the time when he is driving. As such, any standards that are passed regulating the level of THC in the blood should take into account the affect of long-term prescription use in order to avoid punishing those who use cannabis for medical reasons.

In addition, when an individual is arrested for driving under the influence and he or she has a valid prescription for medical marijuana, it is important to discern whether he was actually impaired and in violation of the law at the time- and a drug test may not always be the best way to do this. This makes prosecuting- and defending- DUI medical cannabis charges very complex.

Defending Against DUI Medical Cannabis Charges

If you are convicted of a DUI in Denver, you may be found guilty of a misdemeanor if the offense is your first. Penalties include between five days and one year of incarceration; fines between $600-$1,000; required community service and a driver’s license suspension. You will also be saddled with a criminal record that could remain with you for life, and you will be faced with high insurance rates once you start driving again.

Avoiding these penalties is possible with the help of an experienced Denver DUI attorney. Your attorney will advise you on whether a plea bargain or diversion program is the best course of action to lessen the severity of the penalties you face, or may help you to explore different defenses to the charge against you. These defenses may range from introducing reasonable doubt as to whether you were actually impaired, to having evidence excluded due to a violation of your constitutional rights.

At The Law Firm of Jeremy Rosenthal, our Denver DUI defense attorneys will evaluate your situation when you are accused of a DUI – medical cannabis and we will help to determine the best course of action for your case. Call us today for a free consultation at 303-825-2223 or complete our online form.

A first offense for a DUI is normally charged as a misdemeanor in Colorado, but the consequences are still serious. You may face between five days and one year in prison, a fine between $600 and $1000; suspension of your driver’s license and between 48 and 96 hours of community service. The penalties for subsequent offenses only grow worse. To avoid the consequences of driving under suspicion of controlled substances, contact a Denver DUI defense attorney at The Law Firm of Jeremy Rosenthal online or via phone at (303) 825-2223.

Driving Under Suspicion of Controlled Substances in Denver

In the state of Colorado, the definition of driving under the influence of alcohol is clear: anyone with a BAC over .08 is presumptively guilty. With drugged driving or driving under the influence of controlled substances, on the other hand, there is no clear established standard to determine when a driver is over the legal limit. Although proposed changes to the law may impose a clear-cut standard, the current laws found in Colorado Revised Statute section 42-4-1301 simply state that it is a misdemeanor for any person who is either “impaired” by drugs or who is a “habitual user” of any controlled substance to drive a vehicle.

Determining whether someone is a habitual user or impaired by drugs is thus largely a subjective standard. Colorado law enforcement has attempted to address this problem by training certain officers to recognize the signs of drug impairment. These trained physicians are referred to as “Drug Recognition Experts” (DREs) and the number of evaluations conducted by these DREs nearly doubled in recent years from 465 in 2005 to 910 in 2010.

When a DRE suspects impairment due to the use of a controlled substance, you may be asked to submit to a drug test. According to 42-4-1301.1 of the Colorado revised statutes, any person who drives a motor vehicle anywhere in Colorado is effectively giving consent to submit to a blood, breath, urine and/or saliva test to determine if drugs or alcohol are present in the system. While you may refuse to take this test, that refusal can result in a license suspension and can be used against you in a court trial for driving under suspicion of controlled substances.

In the state of Colorado, marijuana is the drug most commonly involved in DUI cases, with approximately 58 percent of DRE tests revealing the use of marijuana. However, you may be charged with driving while impaired by drugs in the state of Colorado if you are under the influence of any drug that causes you to be unable to drive safely. This means that you may be arrested, charged and convicted even if you were using a prescription drug or if you were using medical marijuana.

Defenses to Driving Under Influence of Marijuana in Denver

Although driving under suspicion of a controlled substance is a serious charge, you do have options. You may explore a variety of different defenses when charged with DUI, including arguing that you were not actually impaired by the drugs in your system or arguing that the police violated your constitutional rights. The Fourth Amendment protects you against unreasonable searches and police cannot simply make you submit to a drug test unless they have reason to believe you are actually impaired.

When no defenses are available, diversion or first-time offender programs may be available under certain circumstances or you may be able to arrange a plea bargain and plead guilty to lesser charges.

An experienced Denver DUI attorney can provide you with invaluable advice and assistance when you are accused of driving under suspicion of controlled substances. At The Law Firm of Jeremy Rosenthal we will evaluate your situation and determine the best course of action for your case. Call us today for a free consultation at (303) 825-2223 or complete our online form.

Officials with the university said they are planning to be far more aggressive in going after those suspected of Denver marijuana crimes at the Norlin Quad during what has become an annual tradition.

The event has grown to be one of the largest in the college scene, with an estimated 100,000 attending last year. Yet, only about 30 were ticketed in the most recent event.

Campus officials have laid out the following preventative actions and sanctions for those who are caught smoking marijuana in public during the event. Those include:

• A $100 fine;
• A large presence of campus police at the site and state troopers along U.S. 36 and state licensing enforcement at a number of area dispensaries;
• Heavy parking enforcement efforts not only on campus, but in nearby neighborhoods as well;
• Posting online the names of those who were ticketed;
• Warning faculty not to cancel or cut classes on the 20th;
• Taking a heavy hand to enforce the campus ban on selling merchandize, food or medical marijuana;
• Requesting the public to avoid the area and expect traffic jams.

In the past, campus police had tried other methods to try to discourage the gathering, including spreading fish-smelling fertilizer, flipping on the sprinklers and posting the pictures of revelers online. None of that has worked.

This year, student leaders are also acting in conjunction with campus officials, saying the entire event is a stain on those who attend. Some have said that just being a graduate of the college marks them in future job interviews, regardless of whether they actually partake in the event.

That’s why they are promoting a free concert, featuring marijuana activist and one-time Haitian presidential candidate Wyclef Jean. The four-hour concert, which is costing the college an estimated $150,000, will start at 2, and doors will close at 4 p.m. sharp, ensuring those who enter can’t make it to Norlin in time for the 4:20 smoke session.

University officials say that the issue is not so much the marijuana, but the fact that the gathering has become so large, mostly involving freshman and non-students.

Denver DUI attorneys understand that when law enforcement officers or others in a position of trust are charged with a DUI, it can mean long-lasting consequences, including termination and difficulty finding future employment. That’s why it’s so critical if you’re charged with a Denver DUI that you contact an experienced attorney as soon as possible.

In this case, the Denver police officer was fired after he was stopped for driving nearly 90 miles over the speed limit. He was reportedly going about 144 in a 55-mph zone. When he was stopped by a state trooper in Arapahoe County, it was determined that his blood-alcohol level was 0.089 percent – just above the 0.08 legal limit.

His Denver DUI lawyer has said that the firing of the officer is especially harsh, given the circumstances of the case and the actions the former officer took on his own following his arrest.

What started a downward spiral was reportedly the death of his infant son, which in turn caused his wife to attempt suicide. At the time of the incident, the officer said he had three beers prior to getting in the car.

However, he has reportedly used this incident as a turning point in his life, his lawyer was quoted as saying. He now mentors high school students on the dangers of drinking and driving – something he was not ordered by any court to do. He also took alcohol abuse courses on his own, another action he was not required by the court to do, although it is sometimes ordered by judges in Denver DUI cases.

Troopers said the stretch of road where the officer was stopped was particularly dangerous, given that there are no street lights or concrete shoulders.

The judge in the case sentenced him to pay a $300 fine, spend five days in jail and serve 100 hours of community service.

His employer fired him as a result of the incident, though he and his attorney are appealing to the Civil Service Commission, in an effort to regain his employment.

Denver criminal defense attorneys know that embezzlement is a type of theft charge that can tar your reputation and lead to termination and difficulty finding future employment. Essentially, what it boils down to is that you were entrusted with money or property and that you used fraudulent means to acquire that for yourself.

The definition and penalties for the charge are spelled out in Colorado Revised Statute 18-4-401. Mostly, these are laid out according to the value of what was taken.

It says that if the amount of what you’ve taken is less than $500, it’s a class 2 misdemeanor, and is punishable by up to six months in jail and/or a maximum fine of $1,000. If it’s more than $500 but less than $1,000, it’s considered a class 2 misdemeanor, which is punishable by up to 18 months in prison and a $5,000 fine. If it’s more than $1,000 but less than $20,000, it’s considered a class 4 felony, which could mean you’d face a fine of $500,000 and a maximum of six years in prison. If the value of the stolen property is greater than $20,000, it’s a class 3 felony, and you’re looking at a maximum fine of $750,000 and 12 years in prison.

Theft of public money is considered a class 5 felony, punishable by a maximum $100,000 fine and three years in state prison.

The state takes these offenses very seriously, so if you’re charged with embezzlement, you need to contact a Denver criminal defense attorney as soon as possible. One possible way a defense attorney can assist you is by imploring the court to consolidate differing instances of embezzlement. So let’s say you work at a restaurant and over the course of a year, you use a system to slip yourself some extra cash. Prosecutors might initially charge you with multiple criminal counts for each instance, but a defense attorney could argue it was all part of the same, singular scheme.

In this instance, a credit union employee is accused of stealing some $250,000 from her employer, taking a little at a time from a vault and then also altering documents. She was one of two employees at her office.

Officials at a bank became concerned when a surprise audit turned up some figures that didn’t add up.

Officials say the employee was a gambler at local casinos, and had lost an estimated $73,000 last year.

She faces two charges – theft over $20,000 and computer crimes theft over $20,000.

According to the Denver Post, law enforcement announced prior to the holiday that they would be cracking down on drunk driving, and it appears they delivered. The most arrests reportedly happened in Denver.

They called this operation “The Heat is On,” and over the weekend of March 17, there were nearly 50 arrests in Denver, 40 in Colorado Springs and 30 in Aurora. Additionally, law enforcement reported four traffic fatalities across the state for that weekend, adding that three were reportedly alcohol-related.

Of all the holidays throughout the year, St. Patrick’s Day is probably best known for imbibing – especially when it falls on a weekend night, as it did this year. For law enforcement, it accounts for a large number of their annual DUI arrests.

Last year, there were more than 3,120 DUI arrests in Denver County, 2,900 in El Paso County and 2,890 in Adams County. The Colorado Department of Motor Vehicles puts the total number of annual statewide DUI arrests at approximately 26,000.

Campaigns like “The Heat Is On” are popular with the public, and police say they are all about visibility. The reasoning is if potential drunk drivers know officers will be out in full force, they’ll be less likely to get behind the wheel while intoxicated. There might be some truth to that, but the reality is that officers know that on holiday’s like this, drivers who have had even a little bit to drink are going to be easy targets.

And when those individuals go to court – knowing that there may be evidence against them – there is a tendency to simply stick with a public defender and plead to one or more of the charges against them. Not that plea bargains are a bad thing – quite the contrary. But the key is having an experienced Denver DUI defense attorney at your side who is doing the negotiating. Even when there is evidence against you, there are still a number of ways to defend your case.

Denver DUI Attorney

If you have been arrested and charged with DUI in the Denver metro area, you face tough prosecutors. The criminal justice system will not do you any favors. You need a strong advocate on your side to fight for your rights and your future. At the The Law Firm of Jeremy Rosenthal we pride ourselves on our many victories in Denver DUI cases and we will diligently work to succeed for you. Common defensive strategies include: questioning the reason for the stop, the field sobriety officer’s conduct, the accuracy of the breath test or blood alcohol test, or challenge other aspects of the DUI case. In the event the State has a strong case, we may be able to negotiate a favorable outcome which will keep the disruption in your life to a minimum.

Denver Medical Marijuana Attorney

The law around medical marijuana has dramatically changed over the previous year. The public’s perception of medical marijuana has correspondingly evolved. The drug laws in Colorado are strict and if you are arrested or questioned by the police you need to hire a competent lawyer immediately.

Denver Criminal Lawyer

When someone has been arrested for a crime, the first and most critical step is to hire a criminal attorney immediately. Because police investigators will often try to confuse or deceive people who have been arrested in order to extract information, it is critical that an attorney be present during any initial police questioning. As experienced Denver criminal lawyers, we at The Law Firm of Jeremy Rosenthal guide our clients through the complexities of the criminal justice system. We know that even infractions with seemingly minor penalties can result in serious future consequences. For a free initial consultation, contact our Denver Criminal Attorneys at The Law Firm of Jeremy Rosenthal.

At the Law Firm of Jeremy Rosenthal, we are dedicated to working with those accused of crimes. Our main areas of concentration are DUI’s and Medical Cannibus but we are well versed and very experienced in most areas of criminal law.

Colorado DUI

If you have been arressted for a DUI in Colorado, call a law firm that has the experience to walk you through this very complex process. The Law Firm of Jeremy Rosenthal has handled 100′s and 100′s of DUI cases in Colorado and we have been able to secure a very strong and proud success record. Getting a DUI does not automatically mean you are going to jail.

Medical Cannibus

The laws are tricky with Medical Cannibus or Medical Marijuana. While State laws allow it, Federal laws are different and you need to make sure you and your company are not running afoul of these difficult to understand laws.

Criminal Laws in Colorado

Regardless of the crime committed in Colorado, you can rely on the Law Firm of Jeremy Rosenthal to help you through every step of the way. And rest assured, if we are not experts in an area, we will send you to the best in that particular field.

Call us today at 303-825-2223. “I’ll Take Care of It!”

We’re Denver’s personal injury attorneys. When you need a personal injury lawyer who has won or settled accident cases in Denver, we can help.

There is no cost or obligation to you for filling out the form on the left, or calling us right now at (303) 825-2223.

You need a lawyer who can get you justice and compensation for your injuries. If you or a loved one has been hurt in a personal injury-related accident in Denver, contact us right now. We have the experience and expertise you need.

You deserve an attorney who cares and who will fight for you.

Denver marijuana DUIs are becoming an increasing issue, as policy makers grapple with how law enforcement and state officials define intoxication.

This is because, as our Denver marijuana DUI attorneys know, marijuana can’t be treated the same as alcohol when it comes to impairment. Alcohol exits the body fairly rapidly after consumption. So if a person’s blood alcohol content is measured at above 0.08, the legal limit, there is a likelihood that the person has been drinking recently.

By contrast, marijuana may stay in the system for weeks, if not longer. So just because marijuana is detected in the blood stream does not mean the person is intoxicated.

This fall, voters in both Colorado and Washington are slated to determine whether to legalize pot for recreational use. This brings a whole new element to the argument.

The fact is, driving intoxicated is illegal almost anywhere you go. But what defines intoxication?

In Colorado, it’s often measured in subjective terms – namely, what the officer observes. That observation is then typically followed up with a blood test.

Although many states, including Colorado, have been working to establish a more effective testing methodology to determine a marijuana user’s intoxication level, it doesn’t yet exist. Saliva may be one way to test recent use, but that’s still not available yet.

Authorities argue there is a need for some immediate action on the issue. Marijuana, for all of its positive effects for an increasing number of ailments, is known to cause a lowered reaction time after immediate use. However, without fail-proof levels of testing – which they don’t have – law enforcement shouldn’t be locking people up for this type of offense.

Even recent studies on the issue have been skewed. For example, a nationwide look at deadly traffic accidents found that there was an 18 percent rise in fatally wounded drivers who later tested positive for drugs. The truth of the matter, however, is that just because they tested positive for the drug doesn’t mean they were impaired or that the substance had anything whatsoever to do with the accident.

Given that there are so many elements of these arrests up in the area, if you find yourself facing charges of marijuana DUI in Denver, you must contact a skilled attorney who will fight to ensure your rights are protected.

Our Denver criminal defense attorneys are always skeptical when law enforcement relies upon drug dogs in making a case. We see these cases as being built on junk science, like breathalyzer examinations, or on nothing more than an officer’s opinion, like field sobriety testing.

Drug charges are very serious. And they are among the most common felony charges filed in the state of Colorado each year. In cases where officers suspect without proof that drugs may be present, such as a car stop, they may call a K-9 unit to the scene and rely upon that “hit” (the dog’s suggestion, nothing else) to conduct a search.

What the high court has agreed to hear is whether officers can bring a dog to your house and park him out front to see if there’s a “hit.”

The Florida Supreme Court threw out the evidence in a 2006 traffic stop, ruling that an alert by a trained drug dog does not establish probable cause. Another case involves probable cause after the drug dog was brought to a home that was the site of a suspected marijuana growing operation.

“Like the informant whose information forms the basis for probable cause, where the dog’s alert is the linchpin of the probable cause analysis, such as in this case, the reliability of the dog to alert to illegal substances within the vehicle is crucial to determining whether probable cause exists,” the Florida Supreme Court ruled. “We conclude that when a dog alerts, the fact that the dog has been trained and certified is simply not enough to establish probable cause to search the interior of the vehicle and the person.”

This case could have a profound impact on how far law enforcement can take the drug dog charade in future drug cases.

As our Denver drug crimes attorneys understand it, state lawmakers are working on the possibility of reducing penalties for possession of certain drug offenses. What this could mean is that the goal for some offenders will be treatment, rather than prison time.

This is encouraging news, and one we hope will gain momentum within the state legislature.

Essentially, the bill, which was introduced to the Senate this month, would lessen certain felony offenses down to misdemeanors. Of course, the ultimate goal for lawmakers is to reduce their expenses for the state’s Department of Corrections by reducing the number of prisoners within the system. The bill would require any possible savings from this measure to be directed to drug treatment programs.

Sen. Shawn Mitchell, a Republican, has been quite vocal about the immense negative impact that a methamphetamine addiction has had on his younger brother. He has argued that the criminal justice system needs to find a more balanced – and effective – approach in its war against drugs. He went on to say that he wants to end the nonsense of packing our prisons full of non-violent offenders, who have been slapped with the label of felon simply because they had an illness.

Coming from a conservative political base, he said he was initially concerned about taking on the issue, which he feared might not be addressed with compassion. But given the struggles his brother endured, he said, he could no longer stay silent.

The bipartisan bill, which has gained support from members of both major political parties, would lessen the category for possession of 2 grams of methamphetamine or 4 grams of any schedule I or II controlled substance from a class 6 felony to a class 1 misdemeanor. Schedule I and II drugs include marijuana, LSD, heroin,  cocaine, methamphetamine and certain painkillers.

For the majority of first-time offenders, that would mean their sentences would be deferred in favor of entering a drug treatment program.

Figures from the Colorado Division of Criminal Justice have reported that between August 2010 and November 2011, more than 300 people were convicted on charges of drug possession, with about 60 percent of those being sentenced to prison at a cost of more than $30,000 to the state.

Our Denver criminal defense attorneys are encouraged that legislators have taken note of the over-arching power that prosecutors have to direct file juveniles. This is a process that allows prosecutors to directly charge a juvenile as an adult without review or approval from a judge.

That authority grew to cover an even greater number of offenses after 1993, when the public decried the “Summer of Violence,” filled with a number of high-profile Denver gang crimes. A special legislative session that year expanded the number of crimes that prosecutors could direct file on. Those crimes include burglaries and robberies, for which they could be facing years-long sentences. When they are released, they are saddled with felony records for life.

Now, lawmakers are revisiting that ruling. They want to make it so a judge must approve the decision to press forward with adult charges – that come with adult punishments – for a suspect between the ages of 14 and 17.

Prosecutors, of course, oppose any change to the law as it is now, saying there is no evidence they are abusing their increased powers.

But according to the Colorado Juvenile Defender Coalition, there have been almost 2,000 cases direct-filed in the decade between 1999 and 2010. Of those, about 85 percent involved lower or mid-level felonies. Only 15 percent of those were murder cases, and only five percent were first-degree murder cases.

As a coalition spokeswoman pointed out, it gives all the power to prosecutors. It allows them to decide what crime they are going to charge the suspect with, which court they are going to file it in and therefore what the sentence will be.

In addition to requiring a judge’s approval to direct-file, it would restrict the ability of a prosecutor to direct file on the most serious felonies, like first-degree murder.

A separate measure would require that juveniles awaiting trial on adult crimes should be held in a juvenile detention facility unless a judge rules otherwise. That bill has passed the Legislature. A signature from Gov. John Hickenlooper is all that is required to make it law.

Our Denver homicide attorneys understand that Vincent Groves, who died while imprisoned for conviction of two murders, was reportedly positively linked to four others and there is strong suspicion he may have involvement in many others.

This would make him one of Denver’s most prolific serial killers.

Homicide charges in Denver can range a great deal. Colorado State Statute 18-3-102 defines one of the most serious of these as first-degree murder. There are a host of possible qualifications, but essentially, it is whether a person deliberately kills someone with the intention to do so. There are aggravating factors that can include things like:

• A child victim;
• If the victim was a police officer or firefighter;
• If the crime happened in commission of or conjunction with another crime, such as kidnapping.

In Colorado, the maximum punishment for a murder conviction is death. When your life and freedom is on the line, it is critical to have an experienced Denver homicide defense attorney who will exhaustively research and defend your rights at each stage of the case.

In this case, detectives obtained Groves’ DNA following his conviction. But they have just now been able to use it to link him to the murders of four women, ages 20 to 25, between 1979 and 1988. Law enforcement officials said federal grants allowed them to retest the samples that link Groves to the crimes.

Groves was a former high school basketball star who began working odd jobs in the Denver area after graduation. A number of the alleged victims, police say, were prostitutes who were strangled.

He was first convicted of second-degree murder in 1982 for the death of a 17-year-old female. He was released five years later on mandatory parole.

Three years later, he was convicted in 1990 for three more murders in the death of victims, ages 19, 20 and 25. He was sentenced to life in prison. That turned out to be six years, and then he died.

Detectives say he was likely responsible for an average of two murders a month in the Denver area.

Our Denver criminal defense attorneys are not shocked that even a top law enforcement officer could find himself entangled in a drug crime. Colorado ranks as one of the highest states in the country for drug use –  that’s the reality of the situation.

According to the FBI, nearly 18,000 people were arrested on Colorado drug charges in a single year. That breaks down to one in four arrests – more than any other crime except theft. Most often, these crimes are committed not with any malicious intent, but rather to support an addiction.

No one is immune. Having an experienced and aggressive criminal defense attorney on your side will give you a better shot at having charges reduced, dismissed or being heard in drug court – with a focus on recovery – rather than in a regular criminal court.

In this case, the ex-sheriff’s drug supplier, 49, pleaded guilty last month to a single count of possession with the intent to distribute.

Investigators say that the retired sheriff, Patrick Sullivan, was under surveillance when he went to his dealer’s home last November. Detectives then said he continued to a home in Aurora, where he reportedly tried to trade meth for sex with a police informant.

The dealer could have served up to six years in prison on the charges. Instead, he will serve three years in prison, followed by three years of probation. His attorney had been pressing solely for probation, but the judge reasoned that she didn’t want to go easy on him because of the danger of the drug he was selling.

No doubt the high-profile nature of the case also influenced the judge’s decision.

The dealer, who has never before been arrested, was apologetic.

The former sheriff is set to be arraigned at the beginning of April. He is facing felony charges for distribution of a controlled substance, possession of methamphetamine and attempt to influence a public servant. Additionally, he is charged with misdemeanor solicitation of a prostitute. He faces between one and six years behind bars.

The 69-year-old former sheriff served between 1985 and 2003. He was even named as the nation’s sheriff of the year in 2001.

The elite commendation is set aside for attorneys younger than 40 who are chosen for their successful trial results and excellent qualifications.

“It’s a distinct honor and a privilege to be chosen to stand among the best trial lawyers in the country,” Attorney Rosenthal said.

He added that the recognition further validates the exhaustive work his firm does on behalf of each valued client.

Thus far in his career as a criminal defense attorney, Jeremy Rosenthal represents clients who are facing charges ranging from drug possession to homicide.  He has also fought for the rights of medical marijuana patients and their providers, as well as individuals who have been accused of assault, domestic violence and battery.

Rosenthal is driven by the belief that justice should be afforded to everyone. Many of his clients reach out to him at some of the worst moments of their lives. With the freedom of his clients on the line, Rosenthal’s aggressive approach has been proven to produce results.

Having practiced law in Colorado for nearly a decade, Attorney Rosenthal also recently earned the right to practice law in New York State. After graduating from the University of Denver College of Law, Attorney Rosenthal joined the Colorado Trial Lawyers Association, the American Association for Justice and the Colorado Criminal Defense Bar. Additionally, he is an active proponent for People for the Ethical Treatment of Animals.

The National Trial Lawyers Association honed in on Rosenthal after taking note of client reviews and his growing reputation for success.

The Top 40 Under 40 singles out 40 attorneys in each state annually.

The selection process is rigorous, and starts with nomination by peers and proceeds through a battery of extensive, third-party research.

The Colorado Bar Association reports there are more than 16,000 attorneys in the state. To be chosen among the top 40 of these means to overcome intense competition, which makes this accreditation all the more valuable.

To hold this title is an honor for Attorney Rosenthal.

Our Denver criminal defense attorneys have been following the reports from 9 News, which indicate that a man was simply on his way home from work when he was stopped by police at gunpoint. Police mistook him for a suspect in dozens of armed robberies throughout the metro area.

Turns out, they got the wrong guy.

What is perhaps even more disturbing is that this type of situation is not uncommon. In fact, a recent story by The New York Times detailed a lawsuit that has been filed by the American Civil Liberties Union of Colorado against both the county and city of Denver, alleging a distinct pattern of police making wrongful arrests. The group requested hundreds of records from the Denver Police Department, and found that there are an astonishing 500 instances in which Denver police picked up the wrong person in the 7 years between 2002 and 2009.

These were not just people who were brought in, questioned and released. These individuals had their civil liberties stripped from them by being arrested and jailed.

What’s more, the ACLU says it has received a second batch of records that indicates there have been another 100 similar cases since the summer of 2009.

Police blamed a number of different factors including:

• Similar names;
• Stolen identities;
• Inaccurate records;
• Errors by jailers and police.

In some cases, however, there seemed to be no explanation at all.

In this most recent case, police said they had received a call shortly after 6 p.m. about an armed robbery that happened at a local sandwich shop on Havana Street in Aurora. Police were asked to watch out for the 32 Bandit – so named because of a sweatshirt he wore in one of his crimes with the number 32 on it. In each of the robberies, police say the masked gunman forces people to the floor.  In the sandwich shop heist, he was reportedly wearing a gray and white sweatshirt – just like the one worn by an unsuspecting motorist, who was driving home from work.

Police said the man matched the description. Guns were drawn. Verbal abuses and profanities were shouted. The confused and shaken individual didn’t immediately follow police commands – something that could have garnered criminal charges in and of itself.

It wasn’t until after the individual was placed under arrest that police realized they had made a mistake.

A spokesman for the ACLU was quoted in the New York Times as saying that Denver police need to address this growing problem, as it is already out of hand.

Denver medical marijuana defense attorneys know that suicide is the 10th leading cause of death in this country. A 5 percent reduction represents a significant number of lives saved as a result of legal access to this drug.

The study, entitled, “High on Life: Medical Marijuana Laws and Suicide,” involved researchers from the University of Colorado Denver, looked at suicide rates for all states that have legalized medical marijuana between 1990 and 2007. They looked at the rates both before and after the passage of marijuana legalization. What they found was this:

Not only did those states see, on average, a 5 percent reduction in overall suicides,  there was also an 11 percent reduction in suicide rates for young males aged 20 to 29. For males aged 30 to 39, there was a 9 percent reduction rate.

These figures were consistently displayed from the 16 states that have passed some form of medical marijuana legislation. Further data pulled from Colorado, Arizona and Montana showed that about half of all medical marijuana patients are men under the age of 40.

What’s more, while suicide rates fell in these states, they rose steadily in other states.

The conclusion these independent researchers came to was this: That legalizing marijuana specifically resulted in the improved mental health of young men, which was illustrated in the decreased number of self-inflicted deaths.

One possibility researchers toyed with was that medical marijuana use allowed for a decreased alcohol consumption and abuse. Alcohol consumption and abuse is known to strongly correlate with high suicide rates. What’s more, the legalization of medical marijuana led to a sharp decrease in the number of fatal alcohol-related crashes.

So, it would appear that patients who are getting legal, medical help through the prescribed use of marijuana are less frequently seeking to self-medicate with alcohol.

Another interesting thing that researchers learned was that while suicide rates dropped, crime alleged to have  been fueled by marijuana didn’t increase in the wake of legalizing medical marijuana. In fact, the social scientists found little evidence that marijuana use by people arrested had increased at all as a result of legalizing marijuana.

Researchers of the study ended with this: That policymakers and legislators who have to weigh the pros and cons of marijuana legalization need to consider that they could be saving lives with a marked reduction in suicide rates.

Our Denver criminal defense attorneys believe that for parents of teens accused of a crime, it is critical to immediately secure legal counsel. Even if it does not appear the charge is serious, a conviction of any kind could impede a youth’s ability to stay in school, be accepted to certain colleges or work in certain fields.

In this case, KKTV is reporting that the teens are accused of breaking into cars near Fountain and Chelton, where four vehicles were broken into. It’s not clear exactly what kind of items they allegedly stole, which could be a factor as far as the severity of crimes with which they are charged. The exact charges were not reported by media. No doubt more information will be released in the coming days.

What we do know is this: Juveniles don’t always make the best decisions. Not only are they still maturing, they may be under pressure from their peers and may not fully understand the consequences of their actions. That doesn’t mean, however, that they should have to pay for a minor mistake the rest of their lives.

A series by The Denver Post a couple years ago laid out how juveniles accused of crimes were often tried – and punished – as adults. A life in prison is hard for anyone to wrap their mind around – let alone someone who is 15 or 16-years-old.

That was the case of one individual interviewed for the newspaper, who was 14 at the time of a 1992 slaying for which he was convicted. The Post reported that the young teen was convicted of murder in Denver, despite the fact that jurors doubted he killed the victim and police didn’t conduct a thorough investigation to encompass other key suspects.

Colorado is one of 14 states in the country where youth accused of crimes can be charged as adults and be sentenced to life behind bars with no possibility of parole. The state ranks 11th in the country for juveniles with life sentences.

You absolutely can not leave the future of your child to chance by placing him or her in the hands of a public defender. Contact an experienced Denver criminal defense attorney.

Denver criminal defense attorneys know cases such as this can be tricky because in certain cases, relatives – although particularly spouses – can’t be forced to testify against a loved one. In a retaliatory move, some prosecutors or law enforcement agencies, upset with the lack of cooperation, will threaten to slap the relative with their own charges.

But the best move for individuals in this situation is to remain silent and contact a qualified Denver criminal defense attorney.

That strategy may have worked in this case, as charges were ultimately dropped by prosecutors.

According to ABC 7 News, the ordeal began when a 21-year-old woman was alleged to have hit two pedestrians last month. The accident happened near Ogden Street and East Colfax Avenue. Investigators said the young woman drifted into the center lane and struck the two individuals, who were injured.

The woman is said to have left the scene, returned a few minutes later and then left again. The entire incident was said to have been filmed by a nearby surveillance camera.

When police came knocking on her 45-year-old mother’s door looking for her, the mother refused to cooperate. The mother declined to tell investigators where her daughter was or give them information about the vehicle her daughter may have been driving. In turn, the district attorney’s office filed charges of impeding an active investigation.

What’s not clear in this situation is if the mother even knew where her daughter was or what type of car she had been driving. Charging an individual with a crime simply for not having the information police would like is not in line with the spirit of the law.

Police ended up eventually locating the young woman on their own, and she is now facing a felony charge for leaving the scene of a crash that resulted in bodily injury and a misdemeanor charge of driving with a revoked license.

The mother was arrested and booked, only to have the prosecutor later return to say the charge could not be proven beyond a reasonable doubt. Thankfully for this mother, the case did not have to be taken in court to prove that fact. Others, however, are not so fortunate.

These 100 individuals, labeled by federal authorities as drug traffickers and gang members, are going to each need the immediate representation of a Denver criminal defense attorney. This is especially true because investigators say that in addition to charging the suspects with Colorado drug crimes, they are also looking at potential links to unsolved murders across the state.

Authorities arrested more than 80 people, while they continued to look for another 17.

This was a massive operation, according to the Denver Post. In fact, more than 500 federal and state investigators from some 40 law enforcement agencies were involved.

Officers were alleged to have found more than 26,000 grams of cocaine, more than 1,000 grams of crack and more than pound of methamphetamine. Additionally, police found assault rifles, handguns and nearly a half a million in cash. Also, 12 children were removed from homes were detectives allege weapons and drugs were stored. The allegation is that the drugs were smuggled in from Mexican traffickers, but they declined to go into greater detail.

An allegation of a Denver drug crime can upend your life. As these individuals are now experiencing, a person can lose their job, their home, their children and their freedom – based solely on allegations. It will be some time before we see exactly what evidence investigators have against these individual. Given the extent of the operation, it will be  imperative for an attorney experienced in dealing with drug crimes to comb through each piece of evidence, sifting through the police allegations to see which actually hold some weight.

It’s not clear to what extent the accused individuals were involved, though investigators say a number of those collared are high-level bosses who laundered money and dealt drugs in low-income communities throughout the Denver area.

The larger case apparently started out as four smaller investigations, one of those involving a sect of the Bloods gang whose members are believed to have carried out some 16 violent Denver robberies. Cash from those robberies, police said, allowed these suspects to make large drug purchases that they could in turn sell for profit.

If convicted, penalties for these individuals will range from 10 years to life in prison.

Colorado criminal defense attorneys understand that these are serious charges that could result in a career and lives ruined – even if they aren’t true. That is why it is so crucial to hire an experienced criminal defense attorney.

Alleged sex crimes, particularly those involving children, have the tendency to inflame emotions and put police and prosecutors under pressure to appease the public by making arrests and pile on charges for which there may not be substantial proof. Often, DNA evidence may not be present, making it a case of he-said-she-said.

In this situation, CBS reports that the 26-year-old female teacher has been charged with sexual assault on a child by a person in a position of trust with a pattern of sexual abuse. Under state law, this is considered a Class 3 felony because the state is alleging that it happened on more than one occasion. The teacher could also have been charged with a Class 3 felony if the alleged sexual misconduct happened just once, but the child was 15 or younger. Depending on the circumstances, criminal history and other factors, a person convicted of a Class 3 felony in Colorado faces between 2 to 24 years in prison.

The Associated Press determined that between 2001 and 2005, more than 2,500 teachers lost their jobs or were otherwise punished due to allegations of sexual misconduct. Some say that figure is actually much higher, though it’s not clear how many of those allegations were actually proven.

Many states have increased penalties for sex crimes when the victim is young and the suspect is in a position of power, such as a teacher or priest. Just this month, legislators in Pennsylvania passed a law that makes a conviction in one of these cases punishable by 7 years in prison and the requirement to register as a sex offender for 10 years.

In this case, the school district employee was the student’s study hall teacher at Basalt High School. A sheriff’s spokesman told CBS that the two were found together in a room where they shouldn’t have been, sparking further investigation.

If that is all the evidence police have, it’s not much of a case. It will be interesting to see how the case unfolds in the coming months.

The ruling comes as federal authorities have continued to crack down on the number of Denver medical marijuana dispensaries and operations popping up around the state. Some believe that pressure from prosecutors is part of a political ploy to garner votes in the upcoming elections.

Denver medical marijuana lawyers have been representing clients both involved in the industry as workers and users who face unlawful discrimination. State law allows for this industry to be present and regardless of the politics or opinions about the drug, it is allowed. Sadly, however, local and state officials, including law enforcement, continually react to overstated facts and misrepresentations about this helpful drug.

While prescription drugs have been known to cause major injury and death due to abuse, marijuana has been known to provide the same pain relief for major ailments and life-threatening diseases with less of a risk. Marijuana use, however, is more highly scrutinized.

The state’s court of appeals recently took another swing at the industry, ruling that a judicial district judge’s decision to let a man with a felony conviction use medical marijuana was improper. The man had been placed on probation on a charge of sexual exploitation of a child.

The court ruled that the state’s medical marijuana laws don’t allow for judges to exempt probationers from complying with federal laws that outlaw possession and use of marijuana. The man’s terms of probation must now be revised.

The problem with this ruling is that it is being made by a state court interpreting federal law. And the ruling itself is disturbing because it puts federal drug laws ahead of laws created and passed in Colorado. That is a dangerous precedent to make on an issue already pitting state and federal laws against each other.

If individuals or medical marijuana businesses are harassed by authorities and feel their rights are being violated, they should seek sound legal advice. Denver medical marijuana lawyers can help.

Denver DUI defense attorneys understand the damage that a DUI arrest can do to a person. First off, it will result in a driver’s license suspension, which can make a person’s life much more stressful and difficult. Then, there is the backlash from a person’s employer. Some companies are much more likely to be forgiving for a first offense or arrest. A conviction may change that, however. Other bosses will be quick to fire a person for an arrest, even before a conviction.

These matters are sensitive and must be handled with care. An arrest can lead to problems within the home, problems with public perception if the person’s job is high-profile and also emotional problems. Sometimes, a quick plea resolution is best if the prosecutor is willing to bump the charge down to a less-serious infraction.

In other cases, going to trial in order to fight the charges aggressively may be the option that makes the most sense. In either situation, an experienced Denver DUI defense lawyer utilizes years of experience to help.

In this case, the lawmaker was pulled over after trying to make an illegal turn, The Post reports. At first, Denver Police said the lawmaker tried to invoke legislative privilege to get out of a possible DUI arrest. Now, police are apologizing, stating that not only did the woman not invoke that privilege, but she asked to be treated as anyone else.

The House is investigating the case to see what happened. The arresting officer, too, is being investigated. State law allows for politicians to avoid arrest if they are in the midst of performing official duties.

While everyday citizens don’t have to worry about using special privileges to get out of arrest, this case shows that police officers can make mistakes in DUI cases. They can misunderstand what a person is saying or make a bad judgment call about whether they have been drinking and driving. Showing these mistakes could benefit the driver.

This is further proof that a DUI is a charge anyone can end up facing. Whether a teacher, construction worker, police officer or athlete, nobody is immune. A few drinks while hanging out with friends may be just enough to put a person over the state’s blood-alcohol limit. If an officer notices strange driving patterns, the night could quickly turn from celebratory to nightmarish.

Denver DUI defense attorneys recognize that this charge carries a negative stigma that can be difficult to shed. But aggressively attacking the state’s case can be one approach that works out.

Often, law enforcement officers use breath testing machines that either are improperly manufactured when they are shipped or simply aren’t taken care of by officers. These machines require a strict schedule of calibration and work that sometimes gets ignored. This can create faulty results, which can end up leading to a person’s arrest.

In some cases, the officer may not have the proper training to conduct field sobriety testing, or the driver’s physical ailments, such as a balance or equilibrium problem, could influence the results. There are many areas that an experienced Denver DUI defense lawyer will explore in these cases.

In Moreno’s case, he was pulled over while driving 70 mph on Interstate 25. The roadway usually has a 65 mph limit, but was 45 mph that night because the portion of the highway he was on was part of a construction zone.

The newspaper reports the athlete was given a breath test and asked to do field sobriety tests. The officers also took him to a detox facility. He now faces charges of DUI, failing to have insurance and careless driving. an arraignment is scheduled for March.

Officers don’t need much of an excuse to pull someone over for DUI — simply speeding, swerving or breaking a simple traffic law. Once they think you may have been drinking, they can launch into  an investigation for DUI. If you are arrested, contact an experienced Denver DUI defense lawyer immediately.

ABC News reports that police conducted a sweep throughout the Denver metro area, making 16 arrests in more than two dozen raids. Police are claiming that none of the people arrested were involved in the Denver medical marijuana industry.

But Denver medical marijuana lawyers are skeptical whenever large-scale marijuana arrests are made by police. It’s obvious that authorities are also skeptical of the marijuana industry, which makes for an uneasy relationship.

In Colorado, as in 15 other states throughout the country, it is legal for a person to smoke or grow marijuana for personal use if authorized by the state if they have certain provable medical conditions. Others are allowed to grow and sell medical-grade marijuana as long as they have proper permits.

What overzealous police officers don’t recognize is that those who are in the medical marijuana legally want outsiders enforced. It’s simply bad for business if those who are breaking the law are allowed to undercut prices. Users who buy from unlicensed growers could end up getting medicine that isn’t quite helpful for their condition.

Many want regulation, but they want it while not getting harassed themselves. Police and prosecutors, on the other hand, are more likely to spend their time bothering every legitimate business in order to try to drive them away. Threats of criminal prosecution have caused medical marijuana dispensaries to close down or made local leaders so nervous they stop putting out permits to allow these businesses in.

According to the ABC News report, police are expecting another dozen arrests following the raids. They also say that six children were removed from homes visited by detectives. The people who were targeted, police say, were those who are growing marijuana in Colorado and shipping it out of state. Local police, along with three federal law enforcement agencies, combined to work on the case.

In one case, a SWAT team was used to bust into a house using flash-bang grenades. In another instance, a road was blocked off as 20 emergency vehicles rolled up to make the drug bust.

Often police officers called to a house where domestic violence is reported or if there is a 911 hang-up are tasked with making a decision with little evidence. Denver criminal defense lawyers have seen many people arrested for domestic violence even when both claim to be the victim.

The bottom line is that no officer wants to report to a house where there is fighting, leave and get called back later only to find out that a person has been severely beaten or, worse, killed. So, they often have pressure to make an arrest, regardless of how much evidence is present at the scene.

And domestic violence incidents are often he said/she said battles that are coupled with scratches and bruises that are indications of a verbal argument that turned into a physical fight. When both sides claim to be the victim and there are no other witnesses who saw what happened, what does an officer do? In most cases, they arrest the man.

In Colorado Springs recently, a standoff ended with a man being wanted on charges of domestic violence and child abuse, the Gazette reports. According to the newspaper, the 42-year-old was in a fight with his wife when he allegedly assaulted her as their 6-year-old begged him to stop.

The girl called 911 and he chased her. Once police arrived, the man had gone back into the house. When they were able to get in, they discovered that he had left the house. He is now wanted as officers took out a warrant for his arrest.

In many cases, victims attempt to get a Denver restraining order against the person they accuse of assaulting them. It is simple to get an order, as the person must only go to court and convince a judge to sign one. Once a temporary order is in place, the person must show that the defendant was served with the paperwork and told of an upcoming hearing. At the hearing, it is critical that parties are represented by experienced lawyers in order that the true facts come out. A permanent order can result in a person being kicked out of their house or told they can’t see their children without risking an arrest.

Let’s go with the latter for now, evidenced by the fact that federal prosecutors are now coming after Denver medical marijuana dispensaries, as they did in other states like California, threatening criminal prosecution because federal and state laws regarding marijuana differ.

Our Denver medical marijuana lawyers are ready to defend medical marijuana patients, cultivators or distributors who face criminal charges even though the drug they are using or distributing is within the bounds of state law.

In their latest attempt to cause problems for a legal industry in Colorado, federal prosecutors have recently begun warning those operating medical marijuana dispensaries within 1,000 feet of schools they will face civil or criminal penalties if they don’t shut down in 45 days, Reuters reports.

It’s likely this new wave of harassment will cause major problems for dispensaries because those with legal leases for retail space could now end up being sued by landlords or have to pay major penalties. They then will have to find a new place to rent, which could also be a challenge.

Landlords, worried about problems, could refuse to rent and local lawmakers, scared of federal involvement, could begin campaigns to ban these businesses, even though voters have spoken clearly about their desire for these businesses to remain in order to treat people who have severe illnesses.

Colorado is just the latest place where federal prosecutors have used their valuable time going after legitimate businesses. Instead of trying to crack down on mortgage fraud or major drug traffickers, they are wasting their time with medical marijuana dispensaries, who are simply available to those who have a legal prescription to use marijuana for medical purposes.

In California, where this type of action first started last year, many local governments have been scared into cracking down on these businesses or setting up bans for these businesses altogether because they’re worried about federal involvement. This is depriving people of what they need and what they voted for. Our Denver medical marijuana lawyers  think it’s awful that politics is interfering with what voters want, but we are ready to defend against these actions.

Being charged with DUI in Denver is a serious offense and one that can lead to jail, community service, fines and court costs as well as alcohol education and treatment and a driver’s license suspension, among other sanctions.

But our Denver DUI defense lawyers would also point out that criminal traffic violations are also serious matters that should be properly defended. In Colorado, convictions for hit-and-run, reckless driving or other traffic-related crimes can lead to jail or prison time and other sanctions as well as do damage to an otherwise clean driving record. Aside from criminal penalties, there may be situations where points are added to a driver’s license, which can lead to a suspension as well as hikes in the cost of insurance coverage.

In Colorado Springs recently, a man was charged after allegedly being involved in several hit-and-run accidents and then fleeing on foot, the television news station reports.

The incident happened around 2 a.m. one recent weekend morning when a man attempting to back out of a parking space in a large SUV allegedly crashed into a white car. In an alleged attempt to leave the scene, the man also drove into a tow truck, a sign and a street light before departing the area. The tow truck driver gave chase.

The news station reports that the driver of the SUV then drove off the road and hit a building before getting out of the vehicle and running away on foot after the vehicle was no longer drivable.

A few minutes later, a red truck also struck the white car in the parking lot. That driver, 30, also attempted to leave the scene, police said, but officers stopped him a few blocks away. He now faces charges of hit-and-run and DUI.

Police reported there were no injuries and the building that was struck wasn’t in danger of collapsing. It was certainly an interesting series of events, but the news article provides no reason for why the man was charged with DUI. It will be interesting to see what facts emerge as the case moves forward.

Our Denver DUI defense lawyers recognize that these cases are among the most emotional cases that make their way through the criminal justice system. Any time a person is killed, whether accidental or not, emotions run high. When the person is young, sometimes more than other examples.

But what police, judges and juries must consider is whether an accident is sometimes simply an accident. Anytime two vehicles crash, it could easily be as much the fault of the victim as the defendant. Sometimes, it’s no one’s “fault,” and simply was accidental.

Police rarely think this way, though and often feel pressure to make an arrest if a person dies. Never is that truer than when they believe alcohol was involved.

In this case, police say a 25-year-old man was driving his car when he ran a red light and crashed into the victim’s car around 3:30 a.m. The victim was returning home from work, the newspaper reports.

The only other details the article provides is that the suspect was driving with a revoked driver’s license at the time and that he has three previous DUI arrests. The story doesn’t mention how many prior DUI convictions the man has, however.

He is being investigated for possible charges of vehicular homicide, drunken driving, driving with a license restraint, failure to remain at the scene of an accident, failure to give aid and disobeying a red light.

Police say that the driver and passenger in the vehicle got out and ran away, while the victim was ejected from her car. It’s unclear if she was wearing a seat belt. K-9 officers were used to track the men who allegedly fled the scene.

Police investigators must not make assumptions based on prior criminal history, but that sometimes is the case. If a person has a history of DUI charges in Denver, authorities sometimes charge them without as much evidence as they would require against someone who has no prior record. Each case should be looked at individually, based on the facts, not the past.

Additional Resources:

Woman killed in drunken-driving hit-and-run accident in Westminster, by Kirk Mitchell, The Denver Post

Denver theft charges can range from a simple shoplifting to burglary and robbery and the penalties can increase as the charges become more serious. Our Denver criminal defense attorneys recognize that people sometimes make mistakes and sometimes police make mistakes.

It is the job of an experienced Denver criminal defense attorney to bring out all the facts before or at trial in order to benefit the defendant. If evidence seems to implicate the defendant, then an attorney will work on securing a favorable plea deal, if that’s what the client wants. If the evidence is shaky, fighting the charges with motions and a possible trial may be the best option for the defendant. Each case is analyzed on its own facts and merits.

In this case, a woman in Sheridan was arrested after she allegedly pepper-sprayed a Target security officer. Police sent images to local news stations and said they got plenty of tips from local viewers who believe they were able to identify the woman.

ABC News reports that Denver police found the woman and kept her in custody. They say she’s 28 and is being charged with robbery, theft and third-degree assault, criminal mischief, possession of burglary tools and conspiracy.

The incident happened recently when a security officer at the department store approached the woman, who was pushing a cart full of things out of the store. A man walked up and sprayed the guard before the two got off.

Surveillance showed a plain-clothes officer trying to grab the woman, while the man walked up and sprayed him. Customers said they were affected by the spray and the store had to be evacuated.

Whenever security officers aren’t properly marked, it can be scary for customers who may think they’re just regular citizens who are trying to commit a crime of their own. The story doesn’t state how police were able to determine the goods were stolen. Either way, this woman will require a strong defense to all these charges.

That’s because hackers test the security systems of stores, government web sites and other databases in order to mine as much data as they can. Often, this leads to crimes and serious felony charges and also sometimes mistaken identity. Our Denver criminal defense lawyers recognize that these are terrifying crimes because a stolen identity can disrupt a person’s life.

But we also see that police departments simply aren’t properly trained to identify the culprits in these cases. While these are, in essence, Denver theft charges, they are much more complicated than that.

Police detectives must be able to navigate complex computer networks, identify user names and connect them through Internet protocol addresses and be able to show that a person was responsible for committing a crime before rushing to making an arrest.

In this case, sloppy police work ruined a man’s life. In 2007, the 28-year-old went to Denver police to report he was the victim of identity theft after IRS officials told him he owed back taxes from revenue on a job he never had. They even found the person who was allegedly using his identity.

They arrested the man and booked him under the 28-year-old’s name. When the real suspect didn’t show up for court, a warrant was issued for his arrest. Police later arrested the 28-year-old and kept him in jail, without needed medication, before releasing him. It took more than a year for police and prosecutors to expunge his arrest record.

This shows the kind of mess that identity theft can cause. But it also shows that police are often inadequate in their handling of these complex matters. a person being arrested –the victim in this case was black, his identity thief Hispanic — for stealing their own identity is ridiculous. These are tough cases that require strong criminal defense work. Identity theft can be difficult for the victims, but also for the defendants who are wrongly accused.

“A typical DUI arrest involves both a criminal charge and a revocation of driving privileges.  Few people realize that they can lose their driving privileges regardless of what happens in court,” said Charles (Steve) Hooper, PDD Committee member and Colorado Department of Revenue Operations Director.  “This website describes both processes and the severe penalties for impaired driving.  A careful look should convince anyone that a DUI is something to avoid.”

While one of the main goals of the website is to prevent DUIs, 98 law enforcement agencies, the Colorado State Patrol and the Colorado Department of Motor Vehicle worked together to provide a comprehensive overview of both community and state wide resources. The website explains step-by-step how to navigate the Department of Motor Vehicles process and explains what happens during the criminal court process after a DUI.

The website was developed by the PPD Committee, which was formed as part of the Persistent Drunk Driver Act of 1998. The goal of the committee is to develop programs to reduce the number of persistent DUIs while providing public education.

One thing our Denver DUI defense lawyers have seen over the years is that anyone can be charged with DUI in Denver. Police officers — who know the law and are sworn to uphold it — firefighters, teachers, lawmakers, business leaders and others commonly face this charge.

This is the most commonly filed charge in our country. People don’t set out to commit this crime, but it happens largely by accident.  Yet, politicians have used toughening DUI laws  in Denver as a way to garner favor with voters.

They do this by constantly increasing the penalties as a way to show they are “tough on crime.” In Colorado, a person can face several different types of drunken driving charges, but the penalties are severe regardless of which type of charge a person faces.

A person can be charged with driving while ability impaired if officers can prove the driver’s abilities were affected by alcohol or drugs. If the state can show the person’s blood alcohol level was 0.08 or higher, they will likely be charged with DUI in Denver.

Even for a first-time offender, the penalties are strict for either charge:

DWAI: $100 to $500 in fines; up to 6 months in jail, community service, alcohol treatment and court costs

DUI: $1,000 in fines, up to 1 year in jail, community service, alcohol treatment, court costs, a 9-month license suspension and ignition interlock device.

In the Denver cop’s case, he was charged with DUI and speeding by Colorado State Police and now has appealed his dismissal, arguing that it was unfair. After a test, troopers found his blood-alcohol level to be 0.089, just over the legal limit. He pleaded guilty to a charge of DWI and to reckless driving and was sentenced to five days in jail, a $300 fine and 100 hours of community service.

The case goes to show that anyone can face this serious charge and can be forced to  deal with the consequences.

Additional Resources:

Denver cop fired for driving drunk at 143 mph wants job back, by Tom McGhee, The Denver Post

The suspect got a shotgun out of car truck and shot a man, killing him before taking off in a car. A sheriff’s department patrol shift supervisor was in the vicinity and heard a shotgun blast. He saw a vehicle speeding away from the parking lot and chased after it in his squad car until it crashed. The suspect took off on foot. Sheriff’s deputies with dogs hunted him down and found him hiding near a home. The suspect was treated at a local hospital for a dog bite before being taken into custody and charged with murder.

Investigators are confident that they have the right suspect, going on information they obtained from witnesses of the shooting. The suspect has a long rap sheet, according to Colorado Bureau of Investigation records. His prior convictions include assault, menacing and menacing with a deadly weapon.

The criminal defense attorney representing this suspect has their work cut out for them. A lengthy criminal record won’t help his client avoid jail time. The best the defense attorney can hope for in this case is that his or her client receives the shortest amount of jail time possible. What the attorney can ensure is that his client is well prepared for any and all possible outcomes, whether good or bad.

Things went terribly wrong.

On Dec. 2, the friend, the suspect and his wife were in a pickup truck, according to an arrest affidavit. The suspect arranged a marijuana sale with the victim and were to meet up at a local convenience store. Around 7:30 PM, the victim showed up. He approached their truck and was given a bag of marijuana. He smelled the bag and gave it back. When the suspect placed the bag onto a scale, the victim allegedly snatched it and took off. The suspect jumped out of the truck and chased the victim, leaving the truck door open.

The victim made his way back to the truck and took a larger bag containing smaller bags of weed. The suspect continued chasing him. The friend told police that the suspect opened fire when he got roughly 20 feet behind the victim. He said he heard three gun shots. The victim dropped the marijuana bags. The suspect collected the bags, jumped into the truck and drove off. The victim later died at a local hospital and the suspect was arrested. At press time, he was still in jail and being held without bond.

This was the 29th homicide in the city of Colorado Springs, a record-breaker.

The group forged checks and created fake IDs using stolen financial and personal information used them at several banks and businesses. They were found and apprehended thanks to a collaboration between the Lafayette Police Department, Jefferson County Sheriff’s Office, the Aurora Police Department, the Arapahoe County District Attorneys Office Economic Crimes Unit, the Arapahoe County Sheriff’s Office, the Arvada Police Department and the US Postal Inspection Service of Denver and the Parker Police Department. According to officials, the indictment put a “criminal enterprise” out of commission. The indictment came after months of investigation and thousands of man hours dedicated to shutting down the identity theft ring.

One of the victims was totally unaware she was a victim until she received a call from her bank and was asked about charges on her account, which she did not authorize. Sadly, this is how most people discover their personal and identifying information was stolen, and by the time they do, they’ve incurred significant financial loss. The criminal defense attorney in this case will be fighting an uphill battle. The defendants are facing serious charges and will likely do jail time.

According to police, multiple squad cars chased the suspect after she fled the Walgreen’s store. She sped down two major highways with several squad cars hot in pursuit. The suspect intentionally sideswiped several police cars as she sped down the highway. Her daughter was heard on a police car video crying and telling sheriff’s deputies after the chase ended that she pleaded with her mother to stop the car and she was afraid they both would end up getting killed. A squad car finally forced the suspect’s vehicle off the road. Her vehicle rolled onto the side before finally coming to a stop. She and her daughter were not seriously injured.

The suspect was awaiting arraignment for an outstanding fraud warrant. At press time, she was being held in a county jail after she failed to post bond. She was charged with retail fraud, fourth-degree child abuse and third-degree eluding and fleeing. All of the charges combined carry up to a six-year jail term. The suspect also had a previous fraud conviction on her record.

Attempting to evade the authorities and having previous outstanding warrants on her record will not make this suspect’s defense attorney’s job easy. She will like face jail time. The length of jail term depends on how well her attorney does his job.

According to court records, the victim was walking home around 9 PM on Oct. 17 when she was grabbed and forced into a vacant house. The house had no first floor. The victim fell a few feet down, her eyeglasses falling off as she fell. The suspect allegedly jumped down and threatened to kill her if she didn’t stop screaming. He allegedly punched the victim in the ribs and face at one point. A forensic exam showed that the victim had a loose tooth and bruised knees and legs, as well injuries related to the rape. After the assault, the suspect allegedly climbed a wooden board to get out of the house and fled. The victim had to stack items on top of each other to get out of the house and escape.

The suspect had no prior record of sexual assaults, but was on probation for a 2009 drug conviction. Baltimore requires convicted felons to submit DNA samples to be collected and entered into a database. According to police, the DNA samples led to the suspect’s arrest on Thanksgiving. He was charged with assault, rape, kidnapping a child under 16, sexual solicitation of a minor and false imprisonment. Police did state that they would compare the DNA evidence to other open cases.

Police captured the other escapee on Oct. 24. According to police, on Oct. 25 the victim reported being attacked while she was walking to a school bus stop. She was allegedly grabbed, dragged into an alley, beaten and raped. Investigators set up a sting later that night to apprehend Palmer for the jail escape. They set out to nab him at a gas station located less than a couple of blocks away from the crime scene, following a tip that Palmer would be there. Officers came up with a poly to coax him out of hiding and into a nearby parking lot where they arrested him.

According to a police spokeswoman, Palmer wasn’t initially a suspect in the rape until a patrol officer noticed that he fit the description the rape victim had given the police. A DNA sample later confirmed he was her attacker.

Many rape victims are afraid to come forward out of fear, therefore, far too many rapes go unreported every year. The police spokeswoman in this case admired the young victim’s courage in reporting the crime and cooperating with the authorities. She said she was amazed at how the victim was holding up every time she saw her.

According to a county state attorney, the suspect knew three of the minors. A police affidavit accompanying a criminal complaint filed in the rape case stated that on the early morning of Oct. 30, the suspect drove the three girls to his bar—which was closed. He mixed and gave drinks to the girls. The girls later told police that they started feeling as if they couldn’t move and passed out. One girl said the suspect inappropriately touched her. The second girl recalled waking up with pain that led her to suspect she was raped, and the third one remembered the suspect engaging in sex with her.

One of the victims reported the incident on Nov. 11. All three were examined and found to have been sexually assaulted. Tests to determine if they were drugged could not be performed because of the amount of time that lapsed since the incident.

The suspect faces first-degree rape in connection with the alleged attack one of the girls, who was 12 at the time of the crime, and third-degree rape in connection with the alleged attacks on the two other girls who were 14 at the time. He faces a lifetime prison sentence if he is convicted of the former charge.

According to dispatch records, a woman called 911 around 11:30 PM on Nov 22 and told the dispatcher that her husband had a gun. She was crying, and a man was heard in the background yelling that he was reloading a gun and was going to shoot her brother and father in the head when “they pulled into the driveway.” When officers arrived at the scene and approached the house, they saw a woman and a man. The man was holding a long-barreled gun.

A  Township police chief stated that officers saw the man go into the garage. They continued watching him through a window. The officers ordered the suspect to drop the gun. One of the officers shot the suspect through the garage door when he raised his gun and pointed it at another officer. The chief defended the officer’s actions, stating it appeared he acted appropriately and within the department’s guidelines for use of force.

If the investigation turns up no evidence of misconduct on the officer’s part, he should be able to resume his duties. Being cleared of misconduct won’t prevent the suspect’s family from filing a wrongful death suit if they feel the officer’s actions were excessive or unjustifiable.

Jefferson surrendered shortly after the incident and was arrested and charged with first- and second-degree assault, malicious destruction of property and theft of items with a value under $100. At press time, she was being held in jail on $350,000 bail, and information about the victim was unavailable. A county spokesperson said that the suspect and victim knew each other and had been involved in a continuing dispute. Jefferson has a child with the victim’s boyfriend.

The fire department and medic units arrived on the scene shortly after the incident and had to request a

hazardous materials team because people began complaining of having watery eyes and other injuries. One person was taken to a local eye institute for a potentially serious injury. About 18 other people were taken a hospital. A Walmart spokesperson told the Sun that the store was evacuated and closed and then reopened it a few hours later after the area was cleaned and ventilated. Three of the employees suffered minor respiratory problems.

County officials stressed that Jefferson’s actions could have had potentially life-threatening consequences. When combined, ammonia and bleach forms a toxic gas that could cause choking or other serious breathing problems.

The tragic incident occurred in the early morning hours of Nov 6. The victim was at a party at Liggin’s home in Frostburg. A fight broke out in the kitchen. According to witnesses and court documents, Liggins pulled a knife on a man that “wouldn’t get out of her way.” Some told her to take the fight outside, which is where she and McCoy allegedly crossed paths and began fighting. One witnesses told authorities that the women were striking at one another. Another witness said she saw McCoy lying on the ground and Liggins was stabbing her.

Police was called to scene and found McCoy lying in the street, bleeding to death. She was later declared dead at a local hospital. Initially police were told that another person stabbed McCoy, but Liggins was later identified from statements given by persons interviewed at the hospital and from a Facebook picture witnesses showed police.

McCoy was a physics major at Frostburg University. She wanted to be a doctor and was especially admired by family and friends for her beautiful singing voice. She was a member of a student gospel choir and was scheduled to sing during Sunday worship the day she was killed. Instead, more than 500 students and faculty assembled at Lane University Center shortly after receiving word of her death to mourn. The center was filled to capacity, and television crews from Baltimore and Washington were among the crowd.

Her friends created a Facebook page in McCoy’s honor. Witnesses posted on social media sites and suggested that McCoy was slain because she was trying to break up a fight. She was described as a peacemaker who promoted the importance of friendship with “God and with others.”

One of the suspects, a 24-year-old woman from Yuma, was arrested after an inspection of her vehicle turned up eight packages of heroin estimated be worth almost a quarter of a million dollars. She was arrested and turned over to Customs Enforcement’s Homeland Security Investigations and U.S. Immigration.

Two other suspects, two female Mexican nationals, were arrested after attempting to enter the US with the 20-year-old woman pushing the 63-year-old in a wheelchair. They told customs officers they were going to San Luis to go grocery shopping. A search of the older woman’s wheelchair uncovered more than six pounds of methamphetamine worth more than $100,000. The women were turned over to ICE HSI.

The fourth suspect, a 24-year-old man from San Luis, was apprehended two days later after a secondary inspection of his vehicle uncovered two AK-47s, three assault rifles, one SKS, one 40-round magazine and two 30-round magazines. The weapons were seized and he was taken into custody.

All of the suspects were charged with a criminal complaint, which does not infer guilt. They are presumed innocent until found guilty, beyond reasonable doubt, in a court of law.

The suspect pleaded not-guilty to 35 felony charges of weapons possession and posted $100,000 bail. He is scheduled to appear in court in December. The suspect came under investigation after police received a tip that he allegedly had weapons that were stolen from an army base. According to his attorney, the suspect allowed federal agents to search his home and business because he felt his weapons were not stolen. According to an affidavit, the agents told the suspect they weren’t looking to press any charges against him; they were just conducting a search for the stolen weapons.

The police, however, were seeking to file state charges and got a search warrant. An affidavit from a Fresno police detective stated that the suspect cooperated with investigators and showed them his weapons, even helping him search his home. Investigators found an MP5 submachine gun and two AK-74 rifles, which the suspect insisted were not stolen, but he admitted knowing it was illegal to possess them.

His attorney feels the California law is unconstitutional because the weapons operate the same as legal firearms. According to the article, the attorney may be fighting a losing battle because the US Court of Appeals for the District of Columbia recently ruled that banning possession of assault weapons and requiring citizens to meet standards for gun registration is constitutional.

According to police, the suspects began beating the woman with a gun. When she screamed for her husband to call 911, one of the other suspects began pistol-whipping him. It was a vicious attack, police said, adding that it traumatized the couple, whom sustained serious injuries and were treated at a nearby hospital. The husband suffered lacerations, multiple contusions and a concussion. His wife spent several days in intensive care for serious head trauma.

Several guns were taken from the victims’ home. Officers suspect the guns was the motivation behind the robbery, since the suspects were aware the victims owned them. One of the guns was recovered, but at press time police were still searching for the remaining guns.

The case really touched the hearts of police officers in the Robbery Unit, who dropped everything and began searching for the suspects. One officer told FOX 21 that the department cares about all of their victims, especially those who are defenseless and offer no resistance. It wasn’t long before the three suspects were apprehended and charged with felony theft, conspiracy, first-degree  burglary, aggravated robbery and first degree assault on an at-risk adult.

Police feel that the elderly are relatively safe in Colorado Springs, but they are vulnerable and should be watchful and careful–and keep all their doors locked. The victims have since moved, but a police detective told them about the arrests, which made the couple very happy.

The lawsuit accuses the officers of using unreasonable, extreme and outrageous tactics and seeks damages for pain and suffering and medical expenses. The plaintiff, Rose Ann Santistevan, suffers from emphysema and was in her bed receiving oxygen when a SWAT team ambushed her home. They tossed in a flash-bang grenade before rushing in her house with guns their drawn, according to authorities. Santistevan suffered a heart attack and was rushed to the hospital. Her family stated that no drugs were found in the raid. Her family criticized the agents for being unaware that Santistevan was home alone, since the home was supposed to be under surveillance.

This is the second lawsuit filed in connection with the drug operation. Another Colorado Springs family filed a lawsuit against the FBI earlier this year. Their suit claimed the agency created a “ticking time bomb” by supplying drugs, alcohol, money and guns to an informant they paid to infiltrate a street gang the agency was watching. The informant turned rogue and set out to kill the man he was supposed to spy on. He sprayed the family’s home with bullets in February 2009. His target was not inside the house at the time, but a bystander was struck in the leg and other women and children inside the house were narrowly missed. The informant is currently serving a 20-year jail term.

A sheriff’s spokesperson defended the agencies’ actions in 2009, stating that they acted on information gathered during the investigation.

Joyce Vincent, the plaintiff, sued the city after her initial claim she filed with the city was denied. According to the attorney, Vincent alleged in her suit that she tripped over a separated sidewalk in front of her house on October 31, 2010 and injured her ankle and knee. She seeks damages for lost use of property, lost wages and earning capacity and general damage, according to the complaint.

The city attorney stated during the council session that the sidewalk in front of Vincent’s home was fixed, but the plaintiff alleged it separated again. Shortly after the council’s vote, Jennifer Duke Adams, another Canyon County resident,  filed a complaint with the city after tripping on her motorized scooter over an uneven sidewalk near the entrance of the mobile home park where she lives. She suffered a scraped elbow. Adams told the Signal that she had no plans to pursue legal action; she just wanted the city to fix the sidewalk.

Canyon County Public Works officials met with Adams to discuss the sidewalk issue, and public works staff came out to the mobile home park to conduct an inspection of the area. The public works director said that the site will be part of their upcoming sidewalk project and fixed within three months.

The shoplifting incident occurred in July. Surveillance video from the store showed two female shoplifters involved in a confrontation with security guards who had caught them with the stolen items and tried to prevent them from leaving. The thieves got away but left behind a purse containing over $20 in stolen merchandise, as well as Social Security cards, prescription cards and insurance cards belonging to other people–including Myrick’s drivers’ license. She had no idea how the thieves got her license and suspects that there may be other identity theft victims

Police showed up at her home and arrested her on charges of shoplifting, right in front of her husband and kids. She spent a night in jail. When she was released, she immediately retained a criminal defense attorney to clear her name. Myrick’s angrily criticized Walmart staff for fingering her as the perpetrator before reviewing the surveillance video to make sure they had the right person.

The surveillance video proved that neither of the women in the video was Myrick. One store security guard who initially identified Myrick as one of the suspects changed her mind after seeing the video. According to Myrick, the woman presumed to be her on the video looked to weigh “about 140 pounds more”.  After three months, the shoplifting charges were dropped.

When asked about the incident, the manager of the Walmart said it was first he had heard about the case and asked for a copy of the Myrick’s news release to forward to the corporate office. Neither the news station or Myrick’s attorney received a response from the corporate office, something the Myrick’s attorney suspects is because the criminal charges were dropped. He said his client will be filing a lawsuit against Walmart.

At press time, the shoplifters had not been apprehended.

Rivera was accused in 1970 of dousing a pot of hot grease and other “ liquids and substances” on her husband and killing him. She was arrested, indicted and posted bond. Then the mother of three fled Texas with her children and settled in Georgia, where the long arm of the law finally caught up with her earlier this month.

Rivera worked as a waitress and raised her children in the small Georgia town where longtime friends remain stunned by the revelation that they befriended a fugitive. Lorraine Robertson, a neighboring tenant and friend who lived in the same apartment building where Rivera lived, couldn’t believe that her dear friend was the same woman the authorities were referring to.

Donna Harris, spokeswoman for the Harris County District Attorney’s Office in Texas, stated that the cold case was worked on for months. They first tracked down Rivera’s sons and eventually tracked her down at her Georgia address. One son who lives in South Carolina refused to comment on the case.

Investigators first spoke to Rivera six weeks ago at her apartment, asking questions to confirm her identity and to pry information about her husband. She told the investigators that she and her husband got along, except for a time when he slapped her, “but that was it.” The investigators returned a month later and asked similar questions. This time Rivera told them she moved to Georgia after her husband died. Investigators came back a third time to arrest her. She was charged with murder by omission for  death of her husband.

Robertson and another neighbor walked a tearful Rivera out of her apartment, crying along with her. Robertson said she could feel Rivera’s body trembling. She and the other neighbor helped Rivera into the police car. Robertson questioned why an arrest was being made after so many years and mentioned Rivera’s fragile health. Rivera has breathing, back and heart problems that required her to be driven back to Texas instead of flown. Court records did not list a defense attorney for Rivera.

Rivera’s declining health is not the issue, according to Harris. She said that despite evading the law for decades, Rivera must face judgment in a court of law for her husband’s murder.

An attorney representing the Foothill Growers Association, a medical marijuana dispensary located in Visalia, told KFSN-TV that cases of this nature greatly concern his clients. However, he doesn’t expect his clients to stop growing marijuana plants anytime soon because they need the drug to treat their  ailments.

The Tulare County Sheriff’s Department is urging residents to notify authorities if they see or hear anything suspicious instead of taking matters into their own hands. Some marijuana growers are reluctant to report anything out of fear of being found in violation of local ordinances. According to investigators, three medical marijuana cards were issued for the plants at the Strathmore home, but the plants were growing outside of the home, which violates the county’s medical marijuana ordinance.

Differences between state and federal marijuana laws make policing medical marijuana a challenge for states that allow medical marijuana. Marijuana use for any reason is a federal offense regardless of whether or not you live in a medical marijuana state. Colorado allows medical marijuana cardholders to own up to two ounces of dried marijuana and six plants. Non-medical marijuana use and possession in Colorado is illegal and punishable with a fines and jail time, depending on the amount and purpose of the drug.

She told 9NEWS that she and Barney initially had a great relationship, which began in May. Then things went dangerously downhill. The first reported abuse incident occurred in July. Barney came to her home to return her car, which she’d let him borrow before they split up. He tried to talk to her, but she wanted him to leave. He turned violent and repeatedly struck her in her arms and face before attempting to strangle her. At one point the alleged victim tried to get away, but Barney threw her down on the ground, making her hit her head on a TV stand.

She ended up in the hospital with facial lacerations and a broken nose. She showed up at the police station days later with a bruise underneath her eye. Barney had come to her house, threatening her her and her family. She requested a safe place to stay since she no longer felt safe at her home.

She was back in the hospital in late September with bruises and broken bones. She told police that Barney came to her house on July 29 while she slept and watched every move she made for the past two months. She couldn’t browse the Internet. He monitored her communications with family and friends and made her hang up the phone if she was on a call. He also threatened her with knife on many occasions.

Eventually the alleged victim told her brother what she was going through, and it was then that she went to the hospital. She is now going through the healing process and starting her life over. She told 9NEWS that said she never thought she would ever be a domestic violence victim.

Denise Washington, director of  the Colorado Coalition Against Domestic Violence, says that outsiders don’t realize how difficult it can be for someone in an abusive relationship. When an individual is in a relationship with someone who chooses to hurt them and uses controlling methods such as financial or emotional abuse, then it starts to make sense.

The assault occurred on the night of September 17 on Highway 30 near Gothenburg. Police and the volunteer fire department responded to a report of a vehicle injury accident and arrived to see an 8-year-old boy trying to flag them down. The boy led them to where his mother was lying on the road. She had severe head and facial injuries.

According to the police chief, the victim was in Gothenburg with her son and boyfriend to attend a wedding reception earlier that day. The boyfriend stopped the vehicle, pulled the victim out and began pummeling her head and face with his fists. During the attack, the victim was able to tell her son to run away. The boy hid in a ditch until police arrived. The victim was taken to a Gothenburg hospital.

The boyfriend intentionally sped off the roadway at an excessively high speed, causing it to roll over several times into a ditch. Injured, the boyfriend got out of the vehicle and walked to a nearby street and killed himself.

This is a sad tale of how domestic violence tears families apart. A family is left to grieve and face life without their loved one, and a son is left orphaned. If you know or suspect someone is a victim of domestic violence, get help for the victim if the victim won’t help themselves.

The pit bull had just given birth to puppies and was nursing them when the aunt and her niece walked in. The dog went into defense mode when it saw the little girl and attacked her. Her injuries required 175 stitches. Deputies who went to the owner’s home found 27 pit bulls on his property. The girl’s father criticizes the owner for not keeping the dog confined for the sake of safety. The owner was charged with multiple counts of violating the county’s vaccinations ordinance, resulting in $10,000 in fines. The owner may also face child endangerment charges.

The dog in this case displayed a territorial or protective form of aggression, most likely stemming from maternal instinct to shield its puppies from what it perceived was a threat–the unsuspecting little girl.

Had this dog attack happened in Colorado, the owner would have some serious legal issues.  A Coloradan dog owner may be liable if their dog bites and/or seriously injures another person, depending on the circumstances under which the attack occurred–and whether or not they knew the dog would bite. A dog owner could be ordered to keep the dog confined or to euthanize the dog. The victim could sue the dog owner for damages for his pain and suffering, as well as his medical expenses or loss of wages if his injuries kept him from being able to work.

For more information on Colorado’s dog laws, consult with a Colorado personal injury attorney.

A trucking company can be held liable if one of their drivers is involved in an accident and the truck is found to have been carrying a load heavier than allowed under federal regulations. Over-weighted trucks pose the following dangers:

• Over-weighted trucks increases the risk of rolling over.
• Brakes can give out due to be overstressed from the excess weight
• A driver can have difficulty steering if there’s a shift in the weight.
• Tires may bursting under the weight.
• When going downhill, an over-weighted truck travels dangerously fast and may become uncontrollable.
• Over-weighted trucks can cause an overpass or bridge collapse.

All commercial trucks may be equipped, maintained inspected and operated in accordance with the rules and regulations set forth by the Federal Motor Carrier Safety Administration. These rules regulate the maximum load weight a commercial truck can safely carry, the maximum allowed combined weight of the load and truck, and the maximum allowed weight on each tire axle and tire. The distribution of the weight to be loaded onto the truck must also be taken into consideration.

If you’re are involved in a truck accident, you want to retain a personal injury attorney with a vast knowledge of federal and state trucking laws and truck company regulations and safety requirements, as well as experience handing these types of cases.

What many people don’t realize about third degree assault is that there isn’t even a need for physical injuries to be present in order for the prosecution to secure a conviction.  If you have caused another person pain during an altercation that can be viewed under the law as bodily injury and you could still face the steepest punishment allowed by law for a third degree assault conviction.

If you hope to escape being punished to the fullest extent of the law when facing assault charges you will need to enlist the help of an experienced Colorado criminal defense attorney.  An experienced Colorado criminal defense attorney will carefully examine the evidence pertaining to your situation in order to determine what course of action would be most suitable for your defense.

Where you merely defending yourself against an attack?  Did a physical altercation even occur?  Your Colorado criminal defense attorney will unearth the answers to these pertinent questions in order to establish the most solid and viable defense against you assault charges and will work diligently in an effort to get the charges against you dropped or dismissed.

The program allows nonviolent first-time offenders a chance to clear their records by successfully completing a two-year probation period. The suspect’s trial has been delayed until a court decides whether to approve his ARD application. He faces charges of reckless endangerment and  violating Pennsylvania dog laws.

In October 2009, the victim and her mother were at a public farm stand owned by the suspect, where they were buying some pumpkins. The little girl was playing with the grass. The suspect’s dog was sitting next to the child. When the girl attempted to hug the dog, the dog attacked her, grabbing her  throat. She was rushed by helicopter to a hospital, where she underwent five hours of surgery to repair her larynx and vocal chords.

The dog was unleashed at the time of the attack and had been allowed to roam on the property despite the suspect being previously ordered by the county health department to confine the dog because of previous attacks, according to the authorities. The dog was declared a public health nuisance in 2006, and the suspect was ordered to muzzled or restrain the dog in a secured enclosure. In addition, the dog was to remain leashed under the control of a person 18 or older when out in the public. The dog had bitten three other people between 2000 and 2006.

The dog was unlicensed at the time of the October 2009 attack. The dog was quarantined and ultimately euthanized.

The sedan did not stop and fled the accident scene. No description of the driver was available at press time. Authorities are asking the public to contact them with any information that about the accident or the driver.

The driver in this case faces serious criminal charges. Reckless driving in Colorado is a misdemeanor. Oftentimes alcohol or drugs are involved in these types of accidents, or the driver a prior record, and he or she doesn’t want to add yet another blemish to his or her record. A criminal conviction will be the least of this suspect’s worries if the victim’s husband sit down with a Colorado personal injury attorney and discusses filing a wrongful death suit against the suspect. Colorado law allows surviving family members of fatal accident victims to recover damages for funeral and burial expenses, days lost from work due to emotional pain and suffering and other related expenses.

A personal injury attorney will be glad to advise you of your legal options and explain the process of filing a wrongful death suit if you lost a loved one in a fatal motor vehicle accident. The attorney can also relieve you of the burden of dealing with insurance companies at a time when you’re too emotionally distraught to think straight.

Their 3-month-old son died while at the day care center in October 2010. The mother found the infant cold and unresponsive when she went to pick him up. He was rushed to the hospital where he was  pronounced deceased. The coroner’s report showed that the infant had died of asphyxiation and had been dead for two hours by the time his mother arrived. An investigation by Family Services found the facility in violation of requirements pertaining to the supervision of children, using portable cribs with unsecured mattresses and placing infants on their backs when putting them to sleep. The daycare center has since  brought the violations into compliance, according to the DFS. The daycare center has a long history of compliance issues and has been cited for multiple violations since it was licensed in 1996.

A hearing is scheduled in November to consider the parents’ petition. The day care operator pleaded guilty in April 2011 to child endangerment and was sentenced to a year of unsupervised probation. As a condition of her plea deal, she is prohibited from operating a child care facility for life. Her attorney refused to discuss the case.

Wyoming changed the rules regarding wrongful death suits in 2010. Formerly, appointment of representatives of deceased individuals was handled through probate, but now a person must petition the court to be appointed a representative. Wyoming law allows for persons filing wrongful death suits to recover damages for loss of care, comfort and society, according to the parents’ attorney. Colorado law also allows for family members or appointed representatives of deceased individuals to sue for damages. A Colorado personal injury attorney can guide you through the process of filing a wrongful death suit, and he will work diligently to get you and your loved ones the fair compensation you are entitled to.

The toddler was mauled by a bulldog after his mother allowed him to pet the dog after the dog owner gave her permission to do so. The mother, the boy and his grandmother were at at a Watertown farmer’s market to buy vegetables. The boy was in a child carrier, but his mother later put him down to play in a grassy area. A young woman was nearby with a dog that some of the local kids were petting. The mother asked if her son could pet her dog. The owner said yes, saying her dog was a “big teddy bear”. Playing it safe, the mother pet the dog herself to make sure it was friendly, then allowed her son to pet the dog.

The dog suddenly turned around and grabbed her son’s face, shook him to the ground and pinned the child underneath it. A passerby pulled the 121-lb dog off the boy. The attack left the boy’s face severely disfigured. He was rushed to the hospital, where he underwent four hours of reconstructive surgery. His right cheek had to be reattached. His nose had multiple fractures, and he had multiple puncture wounds on the right side of his face. Doctors told his mother that the boy would no longer be able to move his cheek and mouth because of severe nerve damage.

His emotional and psychological scars run deeper. His mother says he is now fearful of all dogs and goes into a panic when he sees one. They had to give their family dog to his grandparents. The boy has also had trouble sleeping since the attack.

His mother filed a dangerous dog complaint against the dog owner, who was previously cited for owning an unlicensed dog and owning a dog that caused injury. An administrative hearing will be held in late October to determine if the dog should be put down. The victim’s mother criticized the dog owner for not deciding to euthanize the dog herself, since she has a daughter the same age as the victim.

The dog owner was advised by her attorney to refrain from commenting on the case. In Colorado, this dog owner would be liable for the little boy’s injuries. His mother may be able to recover damages for his medical expenses, which will likely be exorbitant due to the severity of his injuries. A Colorado personal injury attorney would see to it that she and her son gets the fair compensation they deserve and the dog owner held accountable.

The TARGET 13 news story reported that the girl was playing in her backyard when the dog, which was being watched by a neighbor, went over to the girl and bit her in her thigh. The girl’s mother ran outside when she heard the girl’s screams. At first she thought the child was just shaken up until she turned her over and saw the deep gash in her thigh. She rushed her daughter to the hospital, where she received over a dozen stitches. At press time, the little girl was still having trouble walking after the dog attack.

The girl’s mother showed TARGET 13 a note the dog owner gave her after the attack. The note stated that she was sorry and was going to euthanize the dog. The dog was still alive at press time, which disturbed the girl’s mother. The Humane Society was also still investigating the attack, and no charges were yet filed against the dog owner. The dog owner did speak with TARGET 13, stating that the dog was not yet euthanized because authorities had to make sure the dog was healthy and didn’t have any diseases. The owner insisted that she was cooperating with authorities and had reported the attack after it happened, adding that she gave the victim’s mother her phone number in the event they needed anything or wanted information.

If the dog owner lived in Colorado, she would be liable for her dog’s actions, and the victim’s mother could sue her for her damages to cover daughter’s medical expenses and pain and suffering. The girl’s physical scars may heal, but the attack left deep emotional and psychological scars that will take longer to heal and may necessitate professional help. Her mother could retain a Colorado personal injury attorney to advise her of her legal options, the legal responsibilities of the dog owner, and her legal options.

Dog parks are not entirely free of the risk of dog bites because of poor judgment and negligence on the part of dog owners. Bringing a dog who is unruly and uncontrollable, under-socialized or overly aggressive to a dog park is asking for trouble–and a lawsuit. These types of dogs have no business in a dog park, yet people bring them, totally ignorant of the potential dangers. Dogs often get into fights with other dogs, and owners can get bitten trying to separate them.

Establishing negligence in a dog bite case involving a dog attack in a dog park may be difficult if the incident occurred in leash-optional park. However, if you can prove that the dog owner failed to exercise proper steps to restrain an aggressive or unruly dog, you may have something your personal injury attorney can work with.

Colorado law holds dog owners liable when their dog attacks someone and causes serious injury, even if the dog had no history of biting someone or is not a dangerous dog, and whether or not the owner knew of his dog’s tendency to bite. Your attorney will have to review all statements from police and witnesses to determine if your injuries were the result of negligence on the part of the dog owner.

If the dog owner is a friend or relative, you may be reluctant to consider legal action, but you have to think about your pain and suffering. A dog attack is a terrifying experience that leaves deep physical, emotional and psychological scars that will take a long time to heal. Then there’s the medical expenses  you will incur as you recuperate from your injuries. You may be entitled to compensation for your pain and suffering, and you owe it to yourself to meet with a personal injury attorney for advice on what to do.

Rights of Medical Marijuana Patients in Colorado

As passed, the law permits residents to obtain written permission for medical marijuana from a physician who approves its use to treat any number of permitted conditions. Patients can then obtain a medical marijuana card from the state. Colorado’s HB 1043 infringes upon those rights.

Restrictions of HB 1043 include:

• Manufacturers are permitted no more than 500 marijuana plants on site.
• Caregivers are required to register cultivation sites and patient ID numbers.
• Those convicted of felony drug offenses for last 5 years may not apply.
• Removes the 2-year residency requirement.

In general, Colorado’s medical marijuana law permits a patient to have up to 2 ounces of marijuana and six plants, including three mature plants and three immature plants. However, legal problems may arise when a resident is charged with criminal possession or trafficking outside the state’s medical marijuana law. While possession of 2 ounces or less is a petty offense, possession of more than two ounces can result in 6 months to 3 years behind bars. Sale, cultivation or transportation can result in 2 to 24 years behind bars.

Medical Marijuana Caregiver Rights in Denver

Colorado’s medical marijuana law permits a patient to designate a primary caregiver. Such caregivers have significant responsibilities for the oversight and well-being of patients using medical marijuana. Caregivers are limited to less than six patients.

HB1284 has had significant impact on caregivers. Previously, patients had been able to purchase medicine from caregivers and dispensaries. The new law forces caregivers to give up their rights to operate as constitutionally protected dispensaries in order to apply to operate as Medical Marijuana Caregivers. The result has been more than $10 million in application fees collected by the state’s Medical Marijuana Enforcement Division. The division itself is the first ever dedicated to policing patients suffering from debilitating medical conditions.

The new rules force patients to surrender their rights to privacy in order to shop at an MMC. Additionally, they will be forfeiting their rights against self incrimination as marijuana remains illegal under federal law. Because law enforcement is permitted to enter and search an MMC at any time, a patient also gives up his or her Fourth Amendment right to be free from unreasonable search and seizure.

In other words, the legal changes have left the issue in the hands of a police state. Those who wish to fight for their rights – the rights afforded them by a voter-passed amendment to the Colorado Constitution, should consult with a Denver medical marijuana defense attorney with the knowledge and experience to handle the complex issues involving today’s ever-changing medical marijuana laws.

If you need medical marijuana defense representation in Denver – whether as a patient, grower or dispensary, contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

Our Denver medical marijuana dispensary defense attorneys are dedicated to fighting for the rights of dispensaries. The passage of HB 1284 established a moratorium and permits local governments to ban dispensaries. Zoning violations are being used in more and more cases to close or otherwise regulate dispensaries. Denver City Council Bill 34 passed in January 2010 also established legal requirements for dispensaries.

A dispensary license is now required through the Department of Excise and Licenses. Consulting with an experienced medical marijuana law firm in Denver can ensure that you properly comply with all the requirements and that your rights are protected throughout the process. In many places, a moratorium or ban could prevent you from successfully obtaining a license. In other cases, having your license rejected could subject you to a ban or moratorium impacting those businesses that have not already started the process.

Medical Marijuana Dispensaries in Denver – Defense Against Government Intrusion

Denver medical marijuana dispensary lawyers know zoning requirements, ordinances and other regulations are being put in place to force the closure of dispensaries already in operation. We believe any rules that infringe upon the rights of patients under the Constitutional Amendment are unconstitutional and must be challenged.

Please consult a qualified attorney before attempting to comply with the various requirements. The Department of Excise and Licenses will require an operating plan; a floor plan; a security plan; an area map and a lease agreement.

Denver Medical Marijuana Dispensaries: Rights and Rules

• Dispensary Definition: A business that sells or distributes marijuana through one or more caregivers to six or more patients. Any cultivation of marijuana associated with the sale or distribution is also included.

• Exemptions: Those distributing to five or fewer patients; private possession or growth in accordance with the Constitution; any caregiver in private possession as permitted by the Constitution.

• Dispensary License: Required after March 1, 2010.

Denver Medical Marijuana Dispensaries: Compliance Issues

Every business must comply with a number of city, state and federal requirements. Those engaged in the business of selling or distributing medical marijuana can be sure their business will receive more scrutiny than most. Other licenses or requirements include:

• Zoning and Building Permits
• Retail Sales Tax License
• Occupational Privilege Tax Application
• Alarm System Permits.

If you need medical marijuana defense representation in Denver – whether as a patient, grower or dispensary, contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

How it became law is important because when the people speak, government should listen. But this does not always happen – particularly when politicians and law enforcement officers are involved. Too often, government believes it knows best – the government “by” the people is not government “for” the people.  Consequently, it can take an experienced Denver medical marijuana defense lawyer to protect your rights – even a decade after Colorado’s medical marijuana law hit the books.

Denver Medical Marijuana Defense Lawyers: Changes to Colorado Law

As passed, the law removes state-level criminal penalties for the use, possession or cultivation of marijuana by patients with the written permission of a physician. A number of medical conditions are eligible (including chronic pain, cancer, glaucoma and HIV/AIDS), while others must be approved by the Colorado Board of Health.

In June 2010, HB 1284 was passed, requiring medical marijuana dispensaries to obtain state and local licenses and to comply with local zoning codes. The bill also imposes a statewide moratorium on the establishment of new dispensaries. It also permits local communities to prohibit the establishment of dispensaries. Also in June 2010, Senate Bill 109 passed, which limits a physician’s ability to recommend cannabis to therapy patients.

These laws are under challenge on all fronts by Denver dispensary defense attorneys.  Lawmakers may not pass laws that infringe upon the rights granted by a constitutional amendment. In other cases, physicians or caregivers who prescribe or administer medical marijuana may come under attack – the law protects them as well.

Colorado’s Medical Marijuana Process

1)      Diagnosis of a qualifying condition by a physician.

2)      Written recommendation for marijuana by physician.

3)      Apply to the Colorado Department of Public Health and Environment for a Medical Marijuana Registry identification card.

4)      Understand your rights under the law. There are limits to the amount of marijuana you may possess or grow. Also, your rights may not apply once you cross state lines.

While it was not the will of the voters to make the use of medical marijuana rife with peril, law enforcement agencies have too often made it so. Enforcement efforts vary from department to department and county to county. And having a drug conviction on your record can impact your life for years to come.

If you need medical marijuana defense representation in Denver – whether as a patient, grower or dispensary, contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

Our Denver medical marijuana defense lawyers understand the fight is far from over, however. In far too many cases, law enforcement does not follow the law. And the federal government has sent mixed signals – first indicating it would not interfere with state rights and then reaffirming its opinion that marijuana is a dangerous Schedule I narcotic that belongs in the same class as heroin.

Marijuana was not illegal until the passing of the Harrison Act in 1914. By 1937, about half the states had outlawed its use. By the 1950s, the Boggs Act and the Narcotics Control Act outlined mandatory sentences for marijuana offenders. It would be less than half a century until California turned the tide by becoming the first state to re-legalize medical marijuana.

Defense of Medical Marijuana Rights in Colorado

Even as other states have joined in legalizing marijuana for medical purposes, Denver medical marijuana defense attorneys have continued to fight for the rights of patients, growers and dispensaries. Laws are only as good as those chosen to enforce them, after all, and too often the rights of patients and dispensaries are not upheld.

By mid-2011, medical marijuana had been legalized in 16 states and the District of Columbia.

• California (1996)
• Oregon (1998)
• Alaska (1998)
• Washington (1998)
• Maine (1999)
• Nevada (2000)
• Colorado (2000)
• Hawaii (2000)
• Montana (2004)
• Vermont (2006)
• Rhode Island (2006)
• New Mexico (2007)
• Michigan (2008)
• Arizona (2010)
• New Jersey (2010)
• District of Columbia (2011)
• Delaware (2011)

Medical Marijuana Dispensary Defense in Denver

What is permitted under the law varies by state. In many states, possession of under an ounce is legal. Oregon permits 2 pounds. States also regulate the number of plants a person can have – both mature and immature.

But the real contention is often at the dispensary or grower level. By attacking the infrastructure, law enforcement may circumvent the rights of medical marijuana businesses and patients alike. In many areas, zoning has been used to prevent dispensaries from doing business. And the Drug Enforcement Administration and Internal Revenue Service continue to weigh in sporadically. Dispensaries that have sound legal advice and the protection afforded by an experienced law firm have generally had the best chances to survive and thrive.

But marijuana patients have rights under Colorado law. And growers and dispensaries have rights. Contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

In the last decade or so, medical marijuana has been legalized in 16 states, including Colorado. Belgium, Canada, the Netherlands, Czech Republic and Israel also have medical marijuana laws. However, Colorado’s medical marijuana law is not always evenly enforced or fairly applied. And enforcement of federal drug laws, which still define marijuana as a Schedule I narcotic on par with heroin, often mean hiring a Denver medical marijuana defense lawyer is essential to protecting your rights as a patient, grower or distributor.

Colorado Medical Marijuana Laws: A World View

In 2000, Colorado followed California, which became the first state in the United States to legalize medical marijuana, when it did so in 1996. Colorado and California have also decriminalized possession of marijuana by non-patients. The penalty for minor possession is a $100 fine. However, marijuana sales can still get you in serious trouble – as can sales involving a minor or those occurring near a school.

The patchwork of laws and their uneven application make consulting with a Denver marijuana defense firm essential to protecting your rights – whether you are facing a charge involving medical marijuana or you face other marijuana charges. Like the rest of the world, Colorado has continued to struggle with its marijuana laws in the century since lawmakers abruptly decided it should be illegal. Until the 1920s, marijuana was used medicinally throughout the United States and grown on plantations from coast to coast. Since then, most of the rest of the world has followed suit in complicating matters by making this medicinal herb illegal.

• Australia: Remains illegal but penalties differ. Possession is still considered a criminal offense in Tasmania, Queensland, Victoria and New South Wales.

• Canada: Some medical uses have been legalized. While cannabis otherwise remains illegal, it is widely tolerated by the public. A Canadian court ruled in 2007 that the country’s criminal cannabis possession laws are unconstitutional; the issue remains in litigation. Canada’s anti-drug policies group issued a report in 2002 that found marijuana is not a gateway drug and should be treated like alcohol or tobacco.

• France: Takes a hard stance against all drugs and against placing any narcotics in a favorable light. The country categorizes marijuana with cocaine and LSD. Possession is punishable by a year in jail and trafficking and production can result in up to 20 years in prison.

• Germany: Marijuana remains illegal but those in possession of a small amount are generally not fined. Use of cannabis is not illegal.

• Hong Kong: Cannabis is illegal and trafficking can result in a penalty of up to life in prison. Possession is punishable by up to 7 years behind bars.

• Mexico: The Mexican Congress decriminalized possession of up to 5 grams for personal use. In October 2008, a bill was introduced that would legalize the consumption, possession and commerce of marijuana.

Marijuana Charges in Colorado – Contact a Denver Defense Attorney

Clearly, the marijuana laws are as all over the map in the rest of the world as they are in the United States. Under Colorado law, many variables can impact potential penalties. If you are charged with selling marijuana, for instance, the penalty is much more severe than for possession. If you are arrested near a school or other sensitive area, you can face increased penalties. And the penalties can be quite severe if a minor is involved.

But marijuana patients have rights under Colorado law. And the growers and dispensaries that supply this medicine have rights. Contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

Our Denver medical marijuana lawyers are dedicated to protecting the rights of patients, dispensaries and growers from the intrusion of government. Despite medical marijuana’s legalization in Colorado more than a decade ago, far too many still find themselves subjected to the abuses of authority. Meanwhile, the federal government in 2011 reaffirmed its long-held contention that marijuana should remain a Schedule I narcotic – in the same classification as heroin and other hardcore drugs of abuse.

A Timeline: Medical Marijuana Rights in Colorado

While authorities would have you believe marijuana has long been illegal and its use as a medicine highly debatable, nothing could be further from the truth. The illegality of marijuana is a modern law enforcement phenomenon, while  its medicinal properties date to the dawn of modern civilization.

• 8000 B.C. Hemp cord was used in pottery in what is now modern day Taiwan.
• 6000 B.C. China used cannabis seeds and oil for food.
• 4000 B.C. China and Turkestan used hemp in textiles.
• 2737 B.C. The first recorded use of marijuana as medicine occurred in China
• 600 B.C.  A Persian religion first began using marijuana as a “good narcotic.”
• 70 A.D. A physician in Nero’s army lists medical marijuana.
• 200 A.D. Medical marijuana prescribed by Greek physician Galen.
• 300 A.D. Growing evidence of medical marijuana from Jerusalem to China.
• 1300 A.D. Marijuana pipes in Ethiopia suggest the herb has spread through Egypt and the rest of Africa.
• 1532 A.D. Benefits of medical marijuana mentioned in French literature.
• 1500s A.D. England begins to import hemp from Russia. Mentions of medical marijuana continue in China, South America.
• 1776 A.D. Hemp grown in Kentucky.
• 1800s A.D. Marijuana plantations flourish in New York, Nebraska, South Carolina, California, Georgia, and Mississippi.
• 1840s A.D. American medicines with a marijuana base are commonly available.
• 1850-1915 – Medical marijuana widely used throughout the United States.
• 1914: The Harrison Act defines the use of marijuana and other drugs as a crime in the United States.
• By 1927, states were outlawing it for medicinal use.
• 1937: Congress passed the Marijuana Tax Act, officially criminalizing the drug.
• 1951: The Narcotics Control Act and the Boggs Act increases drug penalties in the U.S.
• 1977-1981: President Carter pushes for the decriminalization of marijuana, asking Congress to abolish federal penalties for possession of less than an ounce.
• 1996: California becomes the first state to legalize marijuana.
• 2000: Colorado legalizes medical marijuana.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

Our Denver medical marijuana defense lawyers understand there are many ways to run afoul of the law, despite your legal rights to medical marijuana in Colorado. Local state and federal authorities continue to pursue possession, cultivation and trafficking charges – even the IRS has gotten in on the action in punishing dispensaries.

Colorado Medical Marijuana – Patient Rights in Denver

Medical marijuana patients and collectives have rights in Denver.

Once prescribed by a doctor, a patient can apply to the Colorado Department of Health and Environment for a Medical Marijuana Registry identification card. Medical marijuana in Colorado has been approved to treat certain conditions – including cancer, glaucoma and HIV. Those suffering from other debilitating medical conditions may also qualify.

A growing body of medical research has found that medical marijuana may benefit patients suffering from a wide variety of conditions, including:

• Bipolar disorder and depression
• Epilepsy
• Alzheimer’s disease
• Fibromyalgia
• Arthritis
• Multiple Sclerosis
• Spinal cord injuries

Ultimately, our Denver medical marijuana defense lawyers believe the medical marijuana decision is a doctor-patient decision that should not be regulated by the state.  Despite labeling marijuana in the same class of narcotics as heroin, the Food and Drug Administration did not report a single death from marijuana between 1997 and 2005. In fact, there is growing support for marijuana to treat medical conditions as serious as lung cancer.

Denver Medical Marijuana Defense Lawyers Can Protect Your Rights

Enforcement of state law is uneven – Colorado patients and dispensaries may need to turn to an experienced law firm to ensure their rights are protected. And federal agencies continue to defend harshly punitive measures despite a growing body of evidence regarding marijuana’s  medical benefits.

Unlike tobacco, researchers have found no link between marijuana smoking and lung cancer.  Nor does smoking marijuana appear to increase the risk of head and neck cancers, including tongue, mouth, throat and esophagus cancer, according to the American Thoracic Society.

In fact, Science Daily reported tetrahydrocannabinol (THC) – the active ingredient in marijuana – cut lung cancer tumor growth in half and inhibited the cancer’s ability to spread. That study was conducted at Harvard University – not exactly a bastion of crackpot science.

Marijuana patients have rights under Colorado law. And the growers and dispensaries that supply this medicine have rights. If you are facing legal issues involving medical marijuana in Denver or elsewhere in Colorado, contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.

Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation

• Fraud
• Embezzlement
• Extortion
• Racketeering
• Larceny
• Bribery
• Computer Fraud
• Perjury
• Price Fixing
• Obstruction of Justice
• Environmental Law Violations
• Safety Violations
• Securities and Commodity Violations

Not every criminal defense attorney is experienced in defending those charged with crimes of this nature. Often the crime is the result of improper bookkeeping rather than an offense committed intentionally. Finding the right attorney to represent you if you face fraud, embezzlement or forgery is imperative to the success of your case.

Experienced attorneys understand the importance of developing a thorough defense strategy. With situations involving a misappropriation of funds, knowledge of accounting and financial regulations is of utmost importance. A successful criminal defense attorney will help ensure the burden of proof stays with the prosecution.

If you are under audit and fear criminal charges may be brought against you, contact an attorney that is well versed in white-collar criminal defense immediately. The nature of these types of cases requires a significant amount of time be invested into researching the financial statements of the individual or business.

While the vast majority of white-collar crimes take place in a business environment, modern technology has caused this arena of law to grow to include cyber related crimes that often take place in the home. From pirating software to credit card fraud, criminal charges of the white-collar variety are brought against individuals for illegal activities that take place in the home.

Despite the non-violent nature of white-collar crimes, the penalties if found guilty can be just as harsh as for those resulting from violent crimes. An experienced  attorney is your best line of defense when facing charges for a white-collar crime.

Some facts from the NCADV that may surprise you:

• One in every four women experience domestic violence during their lifetime
• An estimated 1.3 million women are victims of physical assult in the home
• 73% of domestic violence victims are female
• Domestic violence costs exceed $5.8 billion each year, mainly in direct medical and mental health services
• Boys that witness domestic violence are two times as likely to abuse their own partners as adults

The statistics are staggering in Colorado as well as on a national level. According to the NCADV, in Colorado:

• 14,123 domestic violence cases were filed in 2006
• Nearly half of all murders in Colorado are the result of domestic violence
• 41 people died from domestic violence in 2006. Two of these people were children

Domestic violence and domestic abuse charges are no laughing matter. In addition to time served in prison, the nature of the crime may also place you on the sex offender registry, which causes life long challenges. If you have been accused of domestic violence or abuse you need the immediate help of a qualified and experienced criminal defense attorney.

The Law Firm of Jeremy Rosenthal has successfully represented clients facing domestic violence charges, often reducing sentencing or assisting in proving that wrongful accusations are false.

It is your constitutional right to remain silent, and all attorneys will suggest you do just that if facing criminal charges. If your charges go before a court, the police officers and investigators involved may not disclose to the judge or jury that you refused to speak. Oftentimes, people are detained for questioning due to a lack of evidence to sufficiently charge for a crime. In this case, trying to talk your way out of a situation may in fact provide the details the police officer needs to put you behind bars.

The first call you should make is to a qualified attorney. Attorneys are bound by confidentiality, and even if you choose not to retain the services of the attorney you speak with, the information you share with an attorney cannot be used against you in a court of law.

If the evidence is there to prove beyond a reasonable doubt your guilt, talking will do nothing to prove your innocence. If the evidence is not convincing, keeping quiet will provide no extra ammunition against you. The Law Firm of Jeremy Rosenthal will work to reduce or eliminate charges against you. Our years of experience provide us the expertise to assess your situation and devise a strategy that will provide the best possible defense.

Common causes of accidents involving delivery trucks include:

• Failure to yield when merging onto a highway;
• Attempting a sudden left turn to save time;
• Passing an address and backing up instead of driving around the block, and crashing into another vehicle, pedestrian or bicyclist;
• A truck rolls into traffic or pedestrians after the driver fails to engage the parking brake when he delivers a package into a building;

Factors such as brake or tire failure, equipment failure, driver intoxication, driver fatigue or multitasking (i.e., texting while driving) can also cause an accident.

Delivery truck drivers are bound by the same federal regulations that govern drivers of other commercial trucks. The Federal Motor Carrier Safety Administration (FMCSA) rules ensure that all trucks meet strict safety guidelines. Other mandatory requirements under the FMCSA include truck maintenance and driver training requirements, drug and alcohol prevention programs for drivers and mandatory driver recording of hours of service.

If you are injured in an accident involving a delivery truck, it’s in your best interest to meet with a Colorado personal injury attorney to explore your legal options. You want a personal injury attorney who knows trucking company regulations inside out and who has experience handling these types of cases. Your attorney will carefully review all of the events leading up to the accident. He will also do an  investigation to see if the delivery driver or his trucking company committed any trucking violations or any acts of negligence that may have contributed to your accident. Time is of the essence in these types of cases, so the sooner you get legal advice and representation, the better your chances for an outcome that works in your favor.

Whenever there is a new legislation passed, there are a number of ethical issues, as well as legal issues, that may arise. Often, this is due to the legal system as well as the community being a little bit slower to understand and therefor implement the changes. There are usually some issues that lawmakers did not quite prepare for, and these tend to be worked out as time goes on.

This is definitely true in terms of Colorado’s medical marijuana laws, particularly in respect to employment.

One argument is that employers cannot, nor should they be legally allowed to, discriminate against those on medical marijuana as it has been legalized. The argument goes that it would be seen in a similar light to any other prescription drug. This has been the basis for the argument that doing so would be discrimination and therefore should be illegal, as many disabled workers are protected under the legalization laws. Discrimination against the disabled for prescription drug use is already common, they say and this would just be another facet of that.

Another side is concerned with safety in the workplace, and it is seen in a similar light to alcohol use. This side of the argument feels that allowing for marijuana use would impact workers’ safety as well as on the job performance. In such jobs where dangerous equipment is used, or other potentially dangerous situations, they say that marijuana use may put workers at risk for injury and even death.

Thus far, the impact of marijuana use on workers has not been studied enough to make a call. Though employers worry about their workers’ ability to be alert, awake and able to react in a timely fashion, nothing as of yet indicates empirically that would be a concern.

Around the country, as more places work with medical marijuana, more legal issues arise. If you feel that you are being discriminated against for your medical marijuana status, it’s important to seek the guidance and advice of an experienced attorney.

In 2006, Colorado ranked 6^th in the nation for the number of cyber crimes. There were 4,395 complaints of identity theft and 7.657 complaints of internet based fraud. As a result, organizations such as the Colorado Association of Computer Crime Investigators have begun working along side local and state police digital forensics experts to help protect Colorado residents online.

Common cyber crimes include:

• Identity theft
• Hacking of financial institutions, government websites or merchant websites that process credit cards online
• Fraud via online auctions or other sales communities
• Unauthorized use of credit card or social security numbers
• Internet sex crimes
• Internet extortion

One of the most challenging aspects of fighting cyber crime charges is that significant research is required to gather enough evidence to make an arrest. The investigators that are researching and gathering the incriminating information are experts, and the evidence is often extremely difficult to dispute. Charges do not always equal conviction, which is why it is imperative to enlist the help of a Colorado criminal defense attorney that is both knowledgeable in Internet usage and has also successfully defended others in similar situations.

If you suspect you are being investigated or have been arrested for any type of cyber crime, the Law Firm of Jeremy Rosenthal is just a phone call away. We will work tirelessly to intervene with investigators, negotiate dropped or reduced charges, and dramatically improve your chances of beating the claims against you.

Myth #1

Weaving inside your lane is enough probable cause for you to be pulled over for a DUI.

It is not illegal to weave, as long as your vehicle remains inside the lines of your lane. If you weave and cross the line to either side of your car, you may be charged with reckless driving, and the officer has reason to pull you over for a sobriety test.

Myth #2

Failing your field sobriety testing means you are too drunk to drive.

Not everyone can walk along a straight line without losing their balance or repeat their alphabet backwards. Officers are required to comply with NHTSA standards when conducting field sobriety tests. Failure to comply may result in charges being dismissed.

Myth #3

You are required to submit to a portable breath test, and if you fail you are guilty of a DUI.

Portable breath tests are not required, and the officer must tell you that the test is optional. The results of these tests cannot be used as evidence in DUI trial.

Myth #4

Once you are stopped by a police officer, you are required to permit the officer to search your person and vehicle.

This is very common misconception. Police officers are not permitted to search a car for a routine traffic violation. The officer must receive permission to search the vehicle or person, unless there is probable cause. For example, if the officer smells marijuana smoke, he may claim probable cause and search the vehicle. If the officer thinks the person looks like they smoke marijuana, this is not probable cause and the driver should not grant permission for a search.

If you are accused of driving under the influence, it is important to know your rights. See our list of 21 Ways to Fight a DUI for more helpful tips. If you are facing DUI charges or have been arrested for a DUI, the Law Firm of Jeremy Rosenthal will work tirelessly to help eliminate or reduce the penalties you may face.

Being a safe rider does not always guarantee you won’t be in an accident. Some common causes of accidents involving bicycles include:

• Drivers turning into the path of an oncoming bicycle, assuming the path is clear because they see no cars.
• Being sideswiped by a driver, which makes the bicyclist fall as he tries to avoid hitting the car, or makes him run into a parked vehicle.
• Drivers who open car doors in the path of an oncoming bicycle.
• Bicyclists getting hit by side mirrors.
• Drivers not allowing enough leeway for children riding their bikes.
• Drivers following bicyclists too closely.

The traffic rules that govern cars, trucks and other motor vehicles in Colorado are the same ones that bicyclists must abide by, and bicyclists have the same rights to the road as vehicle drivers. A bicyclist may not have more riders on his bike than it designed to carry (i.e., riding two people on a bike designed for one). A bicyclist may not attach his bike to another vehicle on the road. He must stay in the right-hand lane and stay as close to the right as possible if another vehicle overtakes him. Bicyclists must ride single file unless riding two abreast will not interfere with traffic, or when riding on designated bike paths. Riders riding two abreast must ride in a single lane. A bicyclist must always keep one hand on his handlebars and signal when making turns. A bicyclist must give pedestrians the right of way when riding on a sidewalk, pathway or crosswalk.

If you are hurt in a bicycle accident involving another vehicle, talk to a Colorado personal injury attorney, even if a lawsuit is the farthest thing from your mind. You need to be aware of your rights and legal options, as well as damages you may be entitled to.

A “bite” results when a dog attempts to close, or closes or seizes, its jaws on a person, animal or object and its teeth grips or inflicts a wound regardless of whether the skin breaks. The events leading up to the bite are key factors in distinguishing whether a dog bite is innocent or an act of aggression. A dog that playfully bites a child during horseplay is not usually considered dangerous, but if the dog is a naturally aggressive breed like a pit bull, that bite may be viewed differently. A gentle family dog that suddenly attacks a family member may be considered dangerous even if it never displayed aggressive behavior, never had bitten before and is not a naturally aggressive breed.

A dog can also inflict injury by clawing with its paws or swiping its teeth. A personal injury attorney in a dog bite case must establish if injuries sustained in a dog attack were the result of a bite or from swiping of the dog’s teeth or clawing of its paws. If it was the latter, then he must examine the circumstances leading up to the attack to establish whether or not the dog acted in a vicious manner.

In Colorado, you can be held liable if your dog bites someone, even if your dog never harmed a fly. You can be held liable even if you had no knowledge of your dog being dangerous. If the dog bite victim sues you and a Colorado personal injury attorney can prove you are liable, you may be ordered to keep your dog confined or even euthanize it, depending on the circumstances.

This year, the police have been working to target on a much broader scale. This is including impaired drivers of all types. The problem with this is that though drunk driving has held a longstanding system of arrest and prosecution, drugged driving has not. We know that those who are charged with driving drunk do face serious legal consequences, but questions have risen on the topic of drug impaired driving. Both are against the law, and law enforcement will charge and prosecute these with just the same vigor.

A number of sources indicate that a new campaign has been working its way through Colorado. You have no doubt seen a many billboards, posters and other literature in respect to driving under the influence of various prescription drugs. This is a part of that initiative. Because medical marijuana falls under the realm of these prescription drugs, this has become a hot issue. Most of these campaigns pretty clearly target medical marijuana users. One of the more noticeably negative slogans seen has been: A Medical Marijuana Card Isn’t a License To Drive Under the Influence.

Because there are different types of DUIs, both drug related and alcohol related, it’s important to note the similarities and the differences. A drug related DUI is not all that different from a more traditional DUI, but they become more complex when tried in a court of law. There is no real way to set a limit or have a legal level, such as with the blood alcohol content levels seen in alcohol related cases. Though this campaign continues on, it’s important to note that some believe that this may be more bias than actual danger. Driving under the influence is never safe, but, everyone can make a mistake and misjudge their levels.

People who are charged with drug-related DUI need a powerful and effective defense that is experienced in dealing with drug related charges, particularly that of medical marijuana. Because there is no exact limit or level of impairment these cases can often be fought successfully but only with appropriate defense.

In Colorado, a property owner is liable when a pedestrian is injured on a walkway on his property depending on the pedestrian’s status. If the pedestrian was trespassing, he may recover for damages

willfully or deliberately caused by the property owner. If the pedestrian was licensee, he may recover  damages for the property owner’s failure to warn pedestrians of potential hazards, or his failure to take proper safety measures with respect to dangers on his property that he was aware of. If the pedestrian was a licensee, he may recover damages if the property owner was negligent in protecting pedestrians against dangers he knew of or should have known about.

Property owners must inform pedestrians of any dangers or hazards in their walkways or on any part of their property, giving pedestrians the option of not entering or entering at their own risk. Property owners must keep their property clear of any potential hazards. A property owner can be held liable for any cracks or mislaid concrete in his walkway. He can be held liable for failing to clear ice, snow or other debris off his walkway, or leaving objects in his walkway that pose a danger to pedestrians. He can also be liable for not marking an area on his walkway that is undergoing construction.

If you slip and fall in a walkway, you may be entitled to compensation for present and future medical treatment, loss of wages, loss of earning capacity and pain and suffering. A Colorado personal injury attorney will be happy to discuss your case and advise you on how best to proceed.

When you’ve been involved in a motorcycle crash, you should call 911 even if you weren’t injured or feel fine. In Colorado, motorists are required by law to report an accident. In addition, many injuries don’t display outward symptoms until hours after an accident, at which point it could be life-threatening. It’s better to error on the side of caution and get checked out at a hospital. Calling 911 also allows you an opportunity to have a police report filed, of which you should request a copy. The police report can help a personal injury attorney establish fault.

Your next step is to obtain the names, contact numbers, license plate numbers and insurance information of each motorist who was involved in the accident. Take pictures of any vehicular or property damage if you can. Don’t discuss anything regarding the accident until police arrive on the scene. Inform your insurance carrier, even if you didn’t cause the accident. If you don’t notify your insurance company, they could deny any claims you submit.

Take advantage of a free initial consultation with a Colorado personal injury attorney even if you don’t think you’ll need one. You could be compensated for your pain and suffering, as well as your medical costs. While insurance companies merely pay out a settlement, a personal injury attorney will see to it that the parties at fault are held liable for their actions and that you get much more than what insurance companies are willing to award you. The attorney can review all the events surrounding your case and fully explain what types of damages you may be entitled to. He will give you all the information you need to make an informed decision on how to proceed.

Alternately, in some situations blood may be drawn to detect the BAC level. While this is more accurate than a breath test, it is not done at the scene, which can cause a lower level to be detected, depending upon the amount of time that passes. If your BAC level is shown to be below 0.08 at the time blood is drawn, you may not have had a BAC level above 0.08 at the scene. As often an hour or more may lapse between being pulled over by a police officer and having blood drawn at the police station, this method has it’s faults as well.

A first time offense of a Colorado DUI can have some strict penalties. These can include:

• Five days to one year in jail
• Drug and alcohol treatment program
• Fines for first time offenders ranging from $600 to $1,000
• 48 to 96 hours of community service
• 12 points added to your driver’s license

A lesser charge of driving while  ability impared, or DWAI, may be given if you are found to have a BAC level of 0.05 to 0.08. While not as severe as a DUI, the penalties are still serious. These include:

• 48 hours to 180 days in jail
• Fines for first time offenders of $200 to $500
• 8 points added to your driver’s license

The most important thing you can do to protect yourself when facing a DUI or DWAI in Colorado is to enlist the help of an experienced Colorado DUI attorney. Time is of the essence, and the sooner you seek help the easier your case will be to defend.

Florida law enforcement received reports of the truck driving in an odd manner down a busy Alamonte Springs street at approximately 8 p.m. When the responding units arrived, the truck was stopped, blocking traffic in a middle lane. Asleep at the drivers seat was the former pitcher, his five year old daughter unrestrained in the seat next to him. According to the police reports, his truck was witnessed to have been “swerving all over the road”. Traffic had been swerving to avoid him and had come to a standstill behind the vehicle.

You might recall that Leskanic pitched seven seasons for the Rockies as a relief pitcher in the early 1990s. His career lasted 11 seasons, with the Rockies, the Brewers, the Royals and also the Red Sox. If you are a baseball fan, you may remember him as the one triumphantly holding the 2004 World Series trophy in many photos of the parade footage. Leskanic was working as an assistant coach for the Lake Mary High School. His son also plays for that team.

In the police report, officers on the scene indicated that he had watery, bloodshot eyes and smelled of alcohol. He had apparently picked up his daughter from a practice of some sort but could not remember where and when asked for his driver’s license, instead presented his Major League Baseball scout identification card. He was reported to have extreme difficulty following directions and could not touch his nose when asked to do so during the tests. Upon arrest, Leskanic had to be hospitalized, and was swearing at officers and also acting very hostile.

Leskanic then failed several field sobriety tests and was arrested, charged with drunk driving as well as child neglect without harm. When they arrived at the Seminole County jail, his blood alcohol content measured at around .331, and that is four times the legal limit for the state of Florida. He posted a $2,050 bond and was then released.

The dog bite laws in Colorado apply to anyone who is the victim of a vicious dog attack, whether it’s an  innocent bystander, a person who rescued a dog bite victim from an attack or a dog owner who was defending his dog. A Colorado personal injury attorney will be happy to discuss your case and give you all the information you need to help you decide the best course of action to take.

Colorado dog bite laws holds dog owners liable if their dog bites another person and causes serious injury. The owner can be liable even if he or she didn’t know the dog was dangerous or the dog never bit anyone before. The dog bite victim can sue the owner for damages provided the victim was not trespassing on private property or did not knowingly provoke the dog. You may be wondering if it would be considered provoking a dog to attack you if you intervened to help someone being attacked. The answer is no.

Many dog owners have homeowner’s insurance that includes coverage for dog bite liability. The problem with homeowner insurance policies is that policy limits allow you to collect up to a certain amount in damages. Before you accept a settlement from an insurance company, talk to a Colorado personal injury attorney. It may be the best decision you make. A personal injury attorney knows how to negotiate with insurance companies and can see to it that you get fair compensation for your pain and suffering and not just a modest settlement. You may be entitled to damages for medical expenses and lost wages and any other financial hardships resulting from your injuries. If you want the owner of the dog who bit you to be held accountable, a personal injury attorney can help.

Most food service establishments and bars will stop serving alcohol to a person once they become visibly intoxicated. This is the standard that the law has set as to their responsibility. Those who do not abide by this face stiff fines face other potential penalties, up to and including suspension of their liquor license. Though ultimately, a driver is responsible for their drinking, if a restaurant serves too much they can also face consequences.

A popular Fort Collins bar found this out recently when they were ordered to completely shut down for a period of 20 days. Police reports indicate that the sports bar Sports eXchange, located in the city’s Old Town, did not properly address their responsibilities. A 22-year-old woman was found intoxicated and seated on a bench just outside of the establishment. It was closing time, and at her side was an unresponsive 21-year-old man. His blood alcohol content was later found to be measuring .36. Had either of them been driving, it is very likely they would have been charged with DUI.

She was taken to a local hospital to be treated for her over-intoxication. Later, witnesses indicated that she had been carried out of the bar by staff and even dropped as they did so. Officers on the scene believed that the woman had already been drunk when she entered the bar. She indicated that she did not even recall how she got there, or how many drinks she had. According to the officers, it was believed that she may have already been visibly intoxicated upon entry.

Colorado DUI laws are very clear on how that is to be handled by establishments that serve alcohol. Because Sports eXchange did not comply with the law, they were ordered by the Fort Collins Liquor Licensing Authority to close for 20 days. They were also given a 30-day suspension, in abeyance. What this means is, if the bar overserves again, it will not only face the normal penalties, but close again for 30 more days.

Hults’ suspension has ramifications for the over 125,000 people who hold medical marijuana cards in Colorado. Even though he is a card holder in Colorado, Hults employer has a no tolerance policy when it comes to drug use. Because the NASCAR driver tested positive for THC, even though his attorney states that he never used cannabis on the track or before a race, he will not be able to perform his duties as a driver. Hults was using marijuana under the supervision of his doctor to relieve chronic back pain after a car accident, and his attorney also cited the right of Colorado residents to use marijuana for medical reasons in the state Constitution. If you or a loved one is facing consequences for perfectly legal cannabis use, contact a local defense attorney as soon as possible.

Unfortunately, the law is against both the NASCAR driver Ronnie Hults and any other medical marijuana card holder who is tested for drugs at work. Colorado medical cannabis laws in the state Consitution state that: “Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.” However, the laws surrounding marijuana for medical use are constantly evolving, and as cannabis gains acceptance in the medical community, laws may change. If you are a medical marijuana card holder who is concerned about your rights under Colorado law, you should contact a Colorado criminal defense attorney.

As soon as you are been been made aware of criminal charges against you, you should get in touch with an experienced defense lawyer. You do have the right under the U.S. Constitution to have an attorney present at all times when speaking with law enforcement regarding a criminal matter, and you should always have a lawyer with you during police questioning. An attorney can not only make sure that police officers uphold your rights and treat you with respect, but a defense lawyer can also advise you on the best way to answer questions. A criminal defense attorney can help individuals accused of a crime during the initial investigation before any formal charges have been made. When police or private investigators call to ask about an incident, you should always refer them to an attorney.

One of your rights as a citizen accused of a crime is to avoid self-incrimination, or giving evidence to law enforcement that can be used against you. Often, police will attempt to convince the accused to give out information or evidence to the police that will be used against them. However, a lawyer, if present during an interrogation or investigation, can help you avoid incriminating yourself without meaning to. If you or a loved one is facing any type of criminal charge in Colorado, you need the help of a trusted Colorado criminal defense attorney.

The Colorado laws regarding punishments for repeat DUI offenders can be confusing and overly harsh. The most common punishment is having your Colorado driver’s license revoked. While a license can be suspended for a first offense DUI, on the second or third offense, it is revoked for a number of years, depending on factors like how many previous DUIs the driver has on record or how high their BAC level was when they were arrested.

Also, a person can be considered a “repeat traffic offender” if they get more than one type of criminal traffic violation in a period of five years. These different offenses include DUI, hit and run, reckless driving, excessive speed and driving without a license. If you are facing any one of these criminal traffic offenses, you need a trusted Colorado criminal defense attorney with experience in criminal traffic cases. Unlike a speeding ticket, these types of traffic offenses require aggressive defense strategies to avoid legal consequences.

The legal consequences for multiple DUIs or criminal traffic offenses include jail time, required alcohol courses, living in a group home, an ignition interlock device on your vehicle, as well as high fines and license revocation. You can also be given these punishments for multiple DUIs even if the offenses were years apart. With an experienced DUI defense lawyer on your side, you can avoid some of these harsh penalties.

Often, in white collar crime cases, an investigation into a crime like fraud can take months if not years. Just like with any other crime, individuals accused of fraud have the right to an attorney present during all police interrogations. If you are being contacted by police or even someone claiming to be a private investigator about a matter of money or identity theft, you can refer all questions to your defense lawyer if you have one. An experienced criminal defense attorney will be able to field all investigator questions and stand by your side when you need to speak with the police.

White collar crime charges such as fraud or embezzlement often involve computers and digital evidence, which can be confusing to many people. When accusations of these type are made, police may ask for your computer or laptop, as well as financial documents they may think are related to the alleged crime. You should always contact an attorney before handing anything over to law enforcement. A Colorado criminal defense attorney with experience in white collar crime cases can also help you prepare evidence for your defense.

The laws for underage drivers regarding alcohol are more strict when it comes to both DUI arrests and sentencing. First, a driver who is under 21 can be charged with a DUI if their blood alcohol level is lower than over-21 drivers. While the normal limit for an adult is 0.08, an underage driver can be charged with DUI if their BAC is over 0.02 percent. These low BAC levels can result in DUI arrests even when the driver doesn’t seem impaired. In these cases, the help of a Colorado criminal defense attorney is invaluable.

When it comes to sentencing for an underage DUI in Colorado, offenders can face mandatory license suspension as well as fines and community service. Many young people think that a DUI is just like a speeding ticket, and they can just pay their fines and move on with their lives. However, a conviction for DUI can have serious consequences for a young person directly after their arrest and for years to come.

Many people believe that a DUI that they got when they were under 21 will disappear, but a DUI conviction will stay on an individual’s criminal record permanently. The laws regarding repeat offenders for DUI are strict, and a second or third conviction, even years later, can result in major legal consequences such as license revocation or months in jail. An experienced Colorado DUI attorney can not only help underage drivers avoid a conviction by getting charges dismissed, but they can also negotiate for alternative sentencing options like state-sponsored teen alcohol counseling, deferred adjudication or community service.

When it comes to serious felony crimes like assault with a deadly weapon, felony robbery, evading police or murder, an experienced criminal defense lawyer can often get clients plea bargains to lesser charges. A defense lawyer can also challenge evidence against the accused to get more serious criminal charges dismissed, leaving only lesser charges that come with less severe legal consequences.

In these sorts of cases, there are often multiple charges associated with one event. For example, in a case where an individual is accused of being involved in a shooting, the state might bring charges such as assault with a deadly weapon angainst the accused, but also include charges such as weapons posession or menacing. A seasoned defense attorney will be able to tackle each of these criminal charges separately in order to help his or her client get through their legal situation with as much of their financial and personal freedom intact as possible.

If you or a loved one is facing criminal charges in Colorado of any type, you should contact a Colorado criminal defense lawyer in your area, whether that is the metro Denver area or a smaller community like Saguache. An experienced criminal defense attorney will be well versed in all state and federal laws that apply in Colorado criminal cases.

Because the Colorado laws governing domestic and family violence are concerned with protecting victims, especially if those alleged victims are children, the rights of the accused can get violated. Police can often use aggressive tactics when interrogating individuals accused of these types of criminal charges because emotions run high during investigations of violence towards domestic partners or children. That’s why it’s especially important to have a seasoned Colorado criminal defense attorney on your side during an investigation and prosecution of domestic violence or child abuse charges
.
Often, the individuals who brought the charges against a domestic partner aren’t aware of the serious nature of false accusations in matters of domestic and family violence. It can be very hard to drop domestic violence charges, for example. Family violence charges like child abuse are also pursued not only by Colorado law enforcement, but by government agencies charged with looking after the welfare of children in the state. Once a child abuse or domestic assault case has been entered, it can often be very difficult if not impossible to stop the legal process. Consequences like restraining orders can also be hard to remove, and they can be devastating for the lives of the accused. If you find yourself facing this sort of tangled legal situation, contact a trusted Colorado criminal defense attorney to help you sort things out.

If you’ve been arrested and charged with DUI or DWAI in Colorado, you are usually required to give up your Colorado driver’s license to a police officer after your arrest. After this, you have only 7 days to request a hearing with the CO DMV to determine whether or not your license will be revoked. At the time of your arrest, the clock starts ticking for you to get your license back. Facing this sort of deadline while also arranging bail and dealing with other aspects of a DUI arrest can be difficult on your own. This is why you need a Colorado attorney with experience in DUI cases on your side during this trying time.

An attorney can not only ensure that all legal deadlines regarding your DUI charges are met, but they can also help you keep your license. The Colorado DMV will hold a hearing about your driving privileges and debate whether to revoke, suspend or impose restrictions on your driver’s license. An attorney can represent you at this hearing just like they would in a court of law, and make sure that you emerge from your DUI ordeal with the least amount of restrictions. With a trusted Colorado DUI defense attorney on your side, you can rest assured that you will be able to get back on the road with a minimum disruption in your normal routine after a DUI arrest in Colorado.

Generally, there are are no mandatory jail sentences for a first offense drunk driving charge, but other things like community service and alcohol education courses are usually required, as well as points on your Colorado driver’s license. If you are arrested for DUI a second time, however, there is a mandatory jail sentence imposed by the judge. There is also no statute of limitations on how far back your first offense can be, so you could face jail time for a second DUI even if your first DUI was ten years ago! However, with an experienced Colorado DUI defense attorney on your side, you will have the benefit of a defense strategy that can get your second DUI charge dismissed or reduced so that you don’t have to face these harsh legal penalties.

A DUI lawyer can also help you negotiate deferred or alternative sentencing so that you don’t have to actually spend time inside a jail. Options for alternative jail time include home detention, also called house arrest, as well as serving your sentence on the weekends so that you can continue to work. Work release programs also let you go to work and return to a minimum security facility or group home. Some alternative sentencing programs combine all these different types of sentences to allow offenders to make money while also working on their sobriety and paying their debt to the state. If you have multiple DUIs and are facing months in jail, one of these programs might be the best alternative. A trusted Colorado criminal defense attorney with experience in multiple DUI arrests can advise you on the best options for your particular set of circumstances.

Safeguarding Your Rights

In drug cases, law enforcement can sometimes get too focused on “catching the bad guy” and neglect to fully uphold the Constitutional rights of the accused. This can take the form of illegal search and seizure of property during an investigation or arrest, but police can also neglect Miranda rights or probable cause when pulling Colorado drivers over for driving under the influence of marijuana or other controlled substances. A Denver criminal defense attorney can help safeguard your rights and hold negligent police officers accountable in court.

Providing Counsel During Investigations

Under federal law, all individuals who have been charged or arrested for a drug crime have the right to have an attorney present during any investigation or police interrogation. Don’t forget about this right! You should have a Colorado defense lawyer there with you whenever you speak with the police to help you present your case correctly and to make sure that you are safe.

Helping Gather Evidence

Colorado law enforcement begins to gather evidence against you as soon as they are made aware that there might be a crime involving illegal substances like drugs. You should have an attorney there gathering evidence for your defense against drug charges as well. An experienced Colorado criminal defense attorney will be able to make a defense strategy that is targeted towards your unique situation, and they can best do this if they have evidence to present.

According to CNET, the new device would detect narcotic substances not simply using fingerprints, but instead it would test the sweat in fingerprints to determine if illegal substances are present. The device would use nanoparticles and antibodies that bind to substances in sweat and allow those substances to show up on the machine. In practice, a person presses their fingerprints to the device, leaving behind sweat and fingerprints. The device then releases particles which bind to certain substances in the sweat. If the fingerprint shows up as a color on the machine, it would show that the person was under the influence. The UK technology company that developed the device hopes to make it available to law enforcement worldwide in 2011.

While this device may sound like something from a science fiction story, it has implications for individuals accused of DUI for alcohol or drugs, as well as criminal charges like drug possession. The fingerprint device is supposedly less invasive than taking blood for analysis for drugs or alcohol, and the company claims it is more accurate than a breathalyzer machine. An experienced Colorado criminal defense attorney often challenges the evidence gathering techniques in DUI or drug charges, and they would do the same if this machine is used.

Even if these fingerprint drug analysis machines are used in the US this year, law enforcement will likely follow up with a more traditional alcohol or drug test like a blood or urine test. Use of this machine may, however, lead to false arrests and faulty probable cause in DUI and drug cases. If you’ve been pulled over for driving under the influence in Colorado, you need an experienced criminal defense attorney on your side to examine the evidence in your case.

In this case, as reported by the Erie Daily Camera, the police officer and his friend were allegedly involved in a “physical altercation” in the clubhouse of the Colorado National Golf Club in Erie. However, under Colorado law assault charges can be filed even if there is no physical violence. All it takes is intent to do serious bodily injury to another person or threatening them with violence. In the case of the Denver officer, the men involved in the altercation did not go to the hospital for their injuries, yet the officer and his friend are still facing assault charges.

The case against the Denver police officer for assault is pending investigation. Many people may think that they won’t need a defense attorney until it’s time to go to court on charges like assault or disorderly conduct, but an attorney should be present every time a suspect speaks to the police and during any investigation into an alleged crime. An attorney can help gather evidence on the defendant’s behalf at the same time that Colorado law enforcement is gathering the evidence they will use to bring charges against the suspect.

Charges like assault, even if they are misdemeanor charges, can carry serious legal, financial and social consequences. The police officer involved in this case has been put on desk duty due to this incident until the investigation is complete, and even someone without a job in law enforcement could face difficulties following an arrest or criminal charge.

An attorney can begin helping their client as soon as charges are filed, so if you are made aware that you are being charged with assault in Colorado, call an attorney immediately. As law enforcement will tell you, you do have the right to have an attorney present during an investigation or questioning, and you should take advantage of that right. While it may seem like a good idea to “tell your side of the story” or attempt to clear up the misunderstanding that led to assault charges, an attorney should be there to represent your interests in this serious legal matter and protect your rights under the law.

In Colorado, assault charges aren’t always based on a subject allegedly physically harming someone else. The legal basis for these charges is intent to do harm, meaning that someone can press assault charges against someone else even if they simply threaten them. This is another reason why you need a criminal defense attorney to help you face your Colorado assault charges. An attorney will be able to show in court that intent was not present and help get your assault charges dismissed or reduced.

There are also different degrees of assault charges with varying levels of legal penalties, including misdemeanor or felony assault. A misdemeanor assault charge usually involves a threat or harm done to someone else without the use of a weapon, and felony charges generally involve a weapon and physical harm. There may also be weapons possession or other charges associated in these cases, and only an aggressive Colorado criminal defense attorney can help you address this type of complicated legal matter.

Understanding the types of domestic violence charges can help you if you get in a situation like a divorce or messy break-up that might result in the intervention of law enforcement. While most people immediately think of physical abuse, domestic violence can stem from several different kinds of abuse in a relationship, including emotional, sexual or financial abuse, as well as harassment. Being constantly insulted or yelled at can count as emotional abuse, and financial abuse is when one partner prevents the other from working or withholds money as a form of control.

Law enforcement officers in Colorado take domestic violence charges very seriously, and this results in harsh penalties for convictions and make these kinds of criminal charges very hard to withdraw or dismiss. This is why anyone accused of domestic assault or abuse in Colorado needs a criminal defense attorney that understands the laws and can put together a targeted defense strategy.

Comments or questions are welcome.

The biggest mistake out of state drivers make when faced with a DUI is going home and assuming the charge will go away. Waiting to take care of a drunk driving charge can result in serious legal consequences. The smartest decision a driver can make is to call a Colorado criminal defense attorney or DUI attorney as soon as they are arrested. A DUI attorney can get the court and DMV process expedited and allow a driver to return to their home state sooner.

Without an attorney, drivers charged with DUI or DWAI in Colorado must not only appear in state court to answer for the criminal drunk driving charges, but they must also appear at a Colorado DMV hearing to determine if their driver’s license will be revoked. If an out of state driver hires an attorney, however, they can return to their home state and let the attorney plead their case before the courts and the DMV hearing committee. An experienced Colorado DUI attorney can also work with the courts to dismiss charges or waive probation conditions like community service that would keep an out of state driver in Colorado.

Demographics

In Summit County, Colorado, the economy has been stable over the last few years. The median income for a household is $66,914, and the median income for a family is $80,441. Only 3.1% of the county’s families, and 9% of the county’s population fell below the federal poverty limits.

There are approximately 10,000 households in Summit County, with a population density of 40 households per square mile. The average home in Summit County was $905,030 and $398,051 for a condo, townhome or duplex.

Summit County Nature and Recreation

Summit County is exceptionally proud of its over 14,000 acres of open space and public trails. This land is set aside and protected for residents and visitors enjoyment, and boasts over 20 miles of natural surface trails that are maintained by the county with the help of over 550 volunteers.

In addition to the hiking opportunities the county provides, many people come to Summit County to ski and snowboard during the winter months. During the summer months, horseback riding, boating, gold mine tours and kayaking are popular recreational activities available in Summit County.

History

Prior to 1902, Adams County was part of Arapahoe County. In 1902, voters approved creation of the county, which was named after Alva Adams, who held the position of governor at that time.

Demographics

According to the 2010 census, Adams County had the 10^th highest growth rate in Colorado. There are approximately 305 people per square mile in the county. The median income for a family in Adams County is $47,323 and the median income for a family is $52,517. Over 6.5% of the county’s families and 8.9% of the total population of Adams County are below the national poverty level.

Barr Lake State Park

Barr Lake State Park is one of the most popular destinations in Adams County. The 2,715-acre park includes a wildlife refuge that has viewing stations and a nature center. The area is most well known for the numerous bald eagles that winter at Barr Lake, including one pair that nests every year in the park. Birdwatchers can enjoy over 300 species of birds in addition to the bald eagle, and the Rocky Mountain Bird Observatory is located within Barr Lake State Park. There are also 12 miles of trails, fish and boating available to visitors

Demographics

The median income for Arapahoe County is $53,570 for a household and $63,875 for a household. Only 4.2% of families, and 5.8% of the population fell below the federal poverty line. Arapahoe County has over 200,000 homes, with a density of 245 homes per square mile. The county saw an increase in population of 17.2% between 2000 and 2010.

Attractions and Recreation

It’s no surprise that a county with as much history as Arapahoe County would be home to many museums.  Vistitors to Arapahoe County can enjoy the Aurora Museum, Children’s Museum, Colorado Histroical Society, Denver Art Museum, Denver Museum of Nature and Science, Littleton Museum, and the Museum of Outdoor Arts inside the county lines.

There are hundreds of parks owned or operated by the local cities or recreation districts. The parks vary in amenities, but often include hiking, mountain views, nature preserves, trails, hiking, fishing and boating. The county is also home to the Denver Zoo.

Geography

Douglas County consists of approximately 843 square miles, 96 of which are protected through the county’s Open Space Program. More than 146,000 acres of land is home to the Castlewood Canyon State Park, the Chatfield State Recreation Area, Roxborough State Park and the Pike National Forest. The five municipalities of Castle Rock, Castle Pines, Lone Tree, Larkspur and Parker are located within the county’s boundaries.

Economy

In 2009, Douglas County was ranked No. 5 in the U.S. for “Job Growth Over the Last Eight Years by Money Magazine.” In 2004, the county was ranked No. 4 in the national for “Quality of Life” by American City Business Journals (ACBJ). Suburban developments have replaced the county’s ranching economy, and most residents commute to the metropolitan areas outside the county to work.

Recreation

Douglas County is perhaps best known for its annual County Fair, which held at the Douglas County Fairgrounds and Events Center. The center is located between Colorado Springs and Denver in Castle Rock, Colorado. The center provides facilities to accommodate entertainment, recreational, civic, business and youth activities for the community with an appreciation for the agricultural history and urbanization of Douglas County, Colorado.

Culture

Denver is a melting pot of many cultures and ethnicities. South Federal Boulevard houses many Chinese, Vietnamese and Thai shops, markets and restaurants. You can study African-American history in at the Black American West Museum & Heritage Center located in Denver’s Five Points neighborhood, where you will find many soul food restaurants and shops. Denver’s Highland neighborhood houses a vibrant Latin American community, and Japanese culture flourishes in Denver’s Sakura Square.

Recreation

Denver offers plenty of recreational facilities. There are wildlife parks that showcase native Colorado species as well as animals and species from the other side of the country. You can visit the Denver Art Museum and see many displays of Western art, or marvel at the displays of dinosaur bones at the Museum of Nature & Science. If you prefer the outdoors, Denver has more 4,000 acres of parks and open space throughout the region. The city of Denver brews more beer than any other city in the nation. Take a wine and brewery tour at the Coors Brewery in Denver to see why the city is known as the “Napa Valley of Beer”.

Open Space Program

Jefferson County’s Open Space Program is an initiative to preserve the county’s abundant wildlife, fish-filled streams, plains, grasslands and mountain vistas in a town that is increasingly becoming urbanized. To date, the program has preserved over 50,000 acres of trails, scenic land and wildlife habitats. There are currently 30 open space parks and facilities, which include lakes, streams, recreational areas, wildlife habitats, and historic areas, in Jefferson County.

Business

Jefferson County is home to a variety of Fortune 500 businesses as well as mom-and-pop establishments. The county has a diversified and highly educated workforce of over 308,000, the second largest workforce in Colorado and Metro Denver.

Education

Jefferson County boasts a first-class public school system. According to the Colorado Department of Education, 86 percent of the county’s students graduated in 2011, up from 1.3 percent in 2010. The graduation rate for the entire county increased to 79.1 percent in 2011.Residents and businesses also have access to higher educational institutions such as the University of Colorado, Arapahoe Community College, Colorado School of Mines and the Colorado Christian University.

City Facts

Modern mansions and turn-of-the century homes line many of Littleton’s neighborhood streets. The city has a strong business base that includes a variety of mom-and-pop business that are passed down through generations of families, as well as high-tech businesses. The city has an exceptional school system.

Parks

There are over 1,477 acres of open space and parks in Littleton. The city, along with the South Suburban Parks and Recreation District, maintains most of the city’s park areas. Trout fishing enthusiasts will appreciate Chatfield State Park, home of one of the largest lakes in the area. Littleton’s Roxborough State Park offers breathtaking views and beautiful rock formations that appeal to mountain biking and hiking enthusiasts.

Shopping/Recreation

Residents and tourists can enjoy a day of shopping in the historic Downtown Littleton shopping district, which has over 250 dining, entertainment, shopping and service businesses to choose from. Merchants here have a more laid-back approach, taking the time to talk to their customers, as well as total strangers. These independent shops offer unique, high-quality items and personal service and attention. There are also plenty of small eateries, four-star restaurants, a live theater and a calendar full of city events and activities for families and individuals alike.

History

The area that eventually became Westminster was inhabited mainly by antelope and buffalo until the Gold Rush of the late 1850s, when pioneers settled in Colorado in the hopes of finding riches rather than continuing on to California. More people settled in Colorado after the enactment of the Homestead Act of 1862. In 1807, Pleasant DeSpain became the first permanent settler to build a home in Westminster.

Westminster Today

Westminster is an affluent community with high income households. Low taxes keeps the cost of living relatively low. Residential communities consist of apartments, luxury estates, custom homes and high-end residences. There are also pedestrian-friendly developments with built-in recreational, office and retail amenities. Westminster also has three excellent public school systems in addition to private and charter schools.

Dining and Entertainment

Residents and visitors alike have over 200 restaurants to choose from. People who love to shop will love visiting or living in Westminster. The city has one of the largest areas of retail space in Colorado, which includes the Westminster City Center Area, the Westminster Promenade, the Butterfly Pavillon and the Shops at Walnut Creek. All of these attractions offer a variety of retail stores, restaurants, and other recreational activities.

Safety

Broomfield is one of the safest places to live and has one of the lowest crime rates in the nation. Since the 1990s, the city has experienced a steady decline in crime as the population steadily increase to the present-day 50,000 residents. Children can safely play outside, go to the park or other recreational areas or just visit their friends. Residents can feel safe in and out of their homes. Broomfield is a community policing city. Officers regularly visit with residents, talk to kids while they’re at school playgrounds or parks and visit with residents at “Coffee with a Cop” sessions at city coffee houses.

Business

The Broomfield Economic Development Corporation (BEDC) has partnered with the city of Broomfield to foster and encourage business growth. The city has a diverse economy that includes small Mom-and-Pop businesses, medium and large businesses that range from service providers to high tech. Its attractive tax structures make Broomfield a focal point for private sector endeavors. Undeveloped areas near the upscale FlatIron Crossing shopping mall area are potential future sites for new housing, retail outlets and businesses. The city of Broomfield constantly strives to develop new business partnerships to benefit its residents.

History

In the mid-1800s, gold miners traveling to California made a stop in Colorado in search of gold. They  found gold in the South Platte River and set up camp in an area near Little Dry Creek that is now known as Englewood.

Recreation

Englewood offers plenty of recreational opportunities. The city has 12 neighborhood parks throughout the city. The Malley Recreation Center offers recreational activities for the city’s senior residents. The award-winning Englewood Recreation Center offers basketball and racquetball courts, an indoor running track and fitness equipment. Water sport enthusiasts can spend a day of fun at the Pirates Cove Family Aquatic Center, and gold enthusiasts can tee up at the Broken Tee Englewood.

Business

Englewood has a very business-friendly government and strong employee base, making the city a popular locale of choice for people who wish to set up business in the area. There are around 1,600 businesses in the service, industrial and manufacturing sectors in Englewood. In addition, there are approximately 4,600 jobs in the retail sector, 8,800 jobs in the industrial sector and 11,360 jobs in the professional and office sectors.

Art

There are various displays of public art throughout Englewood, a testament to the city emphasis on the arts. Attractions such as the Museum of Outdoor Arts and the CityCenter Englewood showcase artwork from various artists. The city even produces an annual calender that showcases art created by students at the city schools.

Outdoor Activities

Lakewood is home to over 99 parks and open spaces throughout the city. In addition to numerous public parks and playgrounds, there are over 36 miles of trails that are open to equestrians, bikers, walkers and runners. The parks and other city attractions are monitored by the Lakewood Horse Patrol, an all volunteer unit of the City of Lakewood.

Two highly rated golf courses are found inside of Lakewood, the Homestead at Fox Follow and the Fox Hollow Lakewood Golf Course. These golf courses have won numerous awards, including the most family friendly course in Colorado.

Demographics and Economy

Lakewood is home to over 150,000 people. The median income for a household is $48,109 and the median income for a family is $57,171. 4.8% of families and 7.1% of the population fall below the federal poverty limit. The largest employers in the area are government employers. The Denver Federal Center employs over 6,200 people and the Jefferson County school district employs nearly 4,000 people.

Shopping & Dining

Lone Tree is home to Colorado’s only retail resort, the Park Meadows Retail Resort, which features over 185 shopping and dining venues. Another popular spot is the new Lincoln Commons Shopping Center, which is home to Sprouts Farmers market and other unique shops and restaurants.

Entertainment

The Lone Tree Entertainment district is a great spot for families, where visitors can catch a movie, play a round of miniature gold and even experience indoor sky diving. The Lone Tree Arts Center opened it’s doors in 2008, and promotes a wide array of cultural exhibits, art and photography shows, musicals and live theatre performances.

Economy

Lone Tree has a population of over 11,000 people. The median income for a household in the city is $96,308 and the median income for a family was $109,003. Only 1.2% of families and 1.4% of the population fell below the poverty line for income.

Recreation and Parks

Castle Rock is known for it’s quaint downtown area, which features a number of unique shops and restaurants. Voted by Family Circle and Relocate America as one of the best places in the country to live. With an average of more than 300 days of sunshine, it’s hard not to enjoy the 54,775 acres of open space in town and the 19 different parks to choose from for family picnics, hiking and outdoor activities.

In addition to the parks and shopping downtown, Castle Rock boasts 51 miles of soft surface and paved trails, perfect for equestrian activities, running, biking and skating.

Red Hawk Ridge is an internationally known golf course that features a 6,942-yard course with extreme elevation changes, wildlife and a dramatic view. While the PGA tour may no longer stop at Red Hawk Ridge, the course is staffing with PGA golf pros and is a destination worth visiting, regardless of skill level.

Economy

Castle Rock is home to over 48,000 residents. The median household income is $86,777 with the median income for a family being $97,599. Only 3.6% of families and 6.4% of the population are below the federal poverty line. Real Estate has been holding its value in Castle Rock, with the median home value being over $280,000.

Economy

Golden has a median household income of $49,115, and a median family income of $67,414. Less than 3.5% of the families residing in the town are below the federal poverty line, while 11.3% of the population was below the poverty line. Major employers include Coors Brewing Company, Colorado School of Mines, Spyderco and CoorsTek.

Colorado School of Mines

The Colorado School of Mines is a public research university that focuses on engineering and applied science. It has the highest admission policies of any Colorado School, and only accepts 9% of the applications received.  Mines is considered by most to be the leader in mineral engineering.

Colorado School of Mines operates the Colorado School of Mines Geology Museum. The school also hosts the Colorado State Science Olympiad and the Colorado Regional Science Bowl each year.

Recreation and the Arts

Golden provides many recreational opportunities for residents and visitors alike. In addition to many parks and outdoor recreational areas, Golden is also home to Splash Water Park, the Fossil Trace Golf Club, the Golden History Museum and the American Mountaineering Museum.

The Jefferson Symphony Orchestra, Foothills Art Center, Heritage Square Music Hall and the Miners Alley Playhouse all provide opportunities to enjoy the arts in Golden.

Yesterday and Today

Fort Collins was originally founded as a military fort in 1864. It became incorporated as a town in 1873. The fort was decommissioned in 1867 and the original site is now adjacent to the “Old Town” area of the city. Fort Collins is now home to over 120,000 people, with a large percentage of the residents being affiliated with Colorado State University.

Economy

Fort Collins has a very strong economy, and was ranked 3^rd in the Best-Performing City in 2011, Where America’s Jobs are Created and Sustained by the Milken Institute. It also ranked 5^th in the Nation for Best Places for Businesses and Careers by Forbes Magazine, and the Top Colorado City for Job Growth.

Fort Collins has a median household income of $44,459 and a median family income of $59, 332. Over 5% of the families in Fort Collins and 14% of the total population are below the federal poverty line. The largest employers in Fort Collins are Colorado State University, Hewlett Packard, the Poudre Valley Health System and the Poudre School District. The reputation of the university has attracted many high-tech companies to the area, including Hewlett Packard and Intel.

Recreation

Fort Collins has over 600 acres of parks that include bike trails, golf courses, public swimming pools, an ice rink and a community center. Most of the cultural events focus on the student population, and the area has a thriving college music scene, six microbreweries and the Lincoln Center, which hosts the Fort Collins Symphony and various Broadway shows throughout the year.

Economy

In 2010, the population of Highlands Ranch was over 91,000 strong, while in 1991 the community had only 17,000 residents. The median household income in 2007 was $99,066 and the median income for a family was $103,516. Only 1.8% of the population and 1.2% of families in Highlands Ranch were below the poverty limit.

The Highlands Ranch Business Park is where the vast majority of offices are located, and the business park encompasses 160-acres. Lucent, Avaya, Qwest and Visa are some of the largest employers located inside of Highlands Ranch. Other business hubs include The Sante Fe Distribution Center and the Highlands Ranch Commerce Center, each 40 acres in size.

Recreation

The master plan of Highlands Ranch requires 61% of the land be designated for non-urban uses. As a result, the community has many parks and recreational facilities. In addition to these outdoor activities, over 100 community events are scheduled throughout the year. These include the Taste of Highlands Ranch, a free Summer Concert Series, Oktoberfest and the Hometown Holiday Celebration.

Economy

Greenwood Village is ahead of many other areas of the state in regards to the median income. In 2010, the median income for a household in the city was $116, 147 and the median income for a family was $145,802. Only 1.5% of families and 1.9% of the population are below the poverty line. Greenwood Village is #31 in the US for the highest income places with a population of over 10,000.

Greenwood Village is home to many companies, with the largest employers being Cigna, Great White Life & Annuity Insurance, FASCore, and Comcast.

Recreation and The Arts

Greenwood Village offers many developed parks complete with playgrounds, picnic shelters, nature trails, equestrian facilities and bicycle trails. Fishing is available for families at Tommy Davis Park, where children under 15 can enjoy a stocked lake for fishing without the need of a fishing permit.

The city also has special events for Arbor Day and Greenwood Village Day. In July of each year the Village and Greenwood Athletics and Tennis Club co-sponsor Tri-Our Village Youth Triathlon to encourage fitness for the city’s youth.

Yesterday and Today

Aurora was originally founded as the town of Fletcher in the 1880s, and was renamed in 1907 after one of the city’s first subdivisions. In 1918, Aurora was home to Army General Hospital #21, which cared for soldiers wounded in WWII. Today Buckley Air Force base is the largest employer in the city, and the population has grown to over 325,000 residents.

Economy

Aurora is a growing city with a strong economic outlook. The median household in 2010 was $46,507, while the median income for a family in Aurora was $52,551. The average house sold for $147,902 in 2011.

The Arts in Aurora

Aurora puts a lot of effort into the promotion of the arts. The Art in Public Places program has over 240 pieces of artwork publically displayed along streets, on buildings and in parks in the area. The city created a 1993 ordinance that requires 1% of all City construction and remodeling projects over $100,000 be used for public art in the city. The city also is home to the Aurora Fox Arts Center, the Aurora Symphony Orchestra, the East End Arts District and various arts related festivals throughout the year.

Yesterday and Today

Boulder made its mark on the map in 1861 when legislation was passed to build the state university. In 1875 the first cornerstone was laid, and today the University Colorado in Boulder attracts top tier faculty, staff and students from around the world. The school has produced numerous Nobel laureates and MacArthur Fellows and excels with its sciences, engineering, business, law, arts, humanities and music programs.

Economy

Boulder has a flourishing economy, with a gross metropolitan product of $18.3 billion. It is home to many companies, including IBM, Ball Aerospace & Technologies Corp., Level 3 Communications and the National Institute of Standards and Technology. The median household income in Boulder is $50,209 and the the median family income is $85,807. Housing prices in Boulder have continued to climb despite the lower home values found nationwide, and the average single family home in Boulder sells for $548,000.

Festivals and Parks

One of the things that makes Boulder such a healthy place to live is the amount of open space devoted to recreation. There are more than 36,000 acres of recreational space surrounding the city, mainly in the form of parks, conservations and nature preserves.

In addition to activities in the great outdoors, Boulder residents and visitors are rarely with a lack of things to do. The city hosts many festivals and traditions, ranging from family fun to the bizarre.  The Boulder International Film Festival, the Boulder Creek Festival, numerous races and even the Naked Pumpkin Run and Polar Bear Plunge provide opportunities for fun you don’t want to miss.

Superblocks

The DTC is designed by zoning off Superblocks. Each Superblock is at least 30 acres and is required to have 30% of open space. Businesses, office complexes, apartments, single-family housing and roadways make up the rest of the space. The required open space and the common, shared, open spaces ensure approximately 40% of the DTC will be free from buildings, providing commons areas, parks and other outdoor recreation options for employees and residents.

DTC Stats

There are over 1,000 companies that call the DTC home, and over 35,000 employees working in these companies. There are 3,151 multi-family housing units and 115 single-family homes. There are over 14 million square feet of developed space in the DTC, with 9.4 million being office space.

Companies in the DTC

Few would argue that the DTC is one of the most attractive locations for large corporations to base their operations. Telecom companies were at the front of the development of the DTC, and United Cablevision, United Artists Cable and AT&T Broadband all began in the DTC. Other notable companies include: Sprint, DHL Express, Dow Jones & Company, JP Morgan, Merrill Lynch, Nextel, Clear Channel, Boeing, Kraft, Nestle, Time Warner Cable, and Western Union.

Visiting the Denver Technological Center

Three major hotels can be found in the DTC. The Marriott Hotel has 650 rooms, the Hyatt Regency has 450 rooms, the Hilton Garden Inn has 180 rooms and the AmeriSuites has 120 rooms.

Once in the DTC, getting around is best accomplished by the 375 regular and express bus trips that are available Monday through Friday. Buses servicing the Southeast Corridor begin and end inside of the DTC, and many shuttle and limousine services serve the area for trips in and out of other areas of Denver.

Yesterday and Today

Denver City was founded in 1958 during the Peak Gold Rush, and has a vivid past full of political intrigue and old West style corruption. Modern day Denver, however, is a boasting metropolis that was home to 80 official neighborhoods, 200 parks, and architecture as diverse as the residents that call Denver home.

Government

Denver is considered a consolidated city-county, and elects a mayor on a nonpartisan ballot. In addition to the mayor, there is a 13-member city council and an auditor. Elected officials have four-year terms, with a maximum of three terms permitted. The city may be bi-partisan, but the majority of elected officials are Democrat party affiliated.

Economy

Denver has the 18^th largest economy in the United States, with a gross metropolitan product of $157.6 billion. Because of the convenient location and time zone, many major companies and government offices have relocated to Denver over the years.

This strong economy has kept people relocating to Denver, and the population has consistently grown 2% each year from 1997 to 2007. The median household income in Denver is 15.6% higher than the national median income.

Lincoln Park

Located at Mariposa Street and West 11^th Avenue, Lincoln Park is a great stop for families visiting or living in the area. The park features basketball courts, football fields, softball fields, tennis courts, a sand volley ball court, a recreational center and an outdoor pool.

The Santa Fe Arts District

The Santa Fe Arts District is home to over 60 galleries, restaurant and shops, and is one of the favorite Denver stops for tourists. The Art District hosts many popular events and festivals, including the First Friday Art Walk on the first Friday of each month, and Preview Night on the third Friday of every month.

The Denver Civic Theatre

In 1921, The Denver Civic Theatre was one of Denver’s first silent movie theatres.  It has changed hands many times and had various uses, but in 2010 was purchased and became the new home of El Centro Su Teatro.

Living in Lincoln Park, CO

As of 2011, there were about 7,000 people living in the Lincoln Park area. When compared to the rest of the country, the cost of living is roughly 6.3% lower than the average cost of living. Lincoln Park public schools spend an average of $4,344 per student and there are about 18.3 children per teacher in the district.

The Fifth Amendment protects Americans accused of a crime from incriminating themselves or being compelled to be a witness against themselves. The criminal defense attorneys in the fraud case claim that entering the password would be providing the police with evidence against her and therefore incriminating herself in her own case. In many criminal cases, attorneys will not only safeguard their clients’ Constitutional rights, but also use these rights in their defense strategies.

Another example of using right’s violations to defend a client in criminal court include getting improperly gathered evidence thrown out because of violations of search and seizure rights. This happens often in DUI and drug possession cases. An attorney can also defend their client’s rights during police investigations of a criminal matter or during interrogation. If you have been arrested for a crime, you need to contact a Colorado criminal defense attorney as soon as possible to protect your Constitutional rights.

As the law stands now, medical marijuana dispensaries in Colorado have certain regulations regarding licensing, where they can be located, when they can operate and how much cannabis they are legally allowed to possess. First, all dispensaries must be registered with the state of Colorado and have a license to operate, as well as staying in close contact with the regulating agencies for medical marijuana in the state. It can be a good idea for any cannabis business to keep an experienced Colorado medical marijuana attorney on call for any legal issues that can arise.

The laws don’t stop with licensing for medical cannabis businesses. Dispensaries must be located at least 1,000 feet away from a school or child care facility, so individuals considering opening a cannabis business must take this into account when choosing a location. These businesses can only operate between 8:00 am and 7:00 pm, but they are allowed to operate all week. Medical marijuana dispensaries can also only have two ounces and six plants per patient registered with the dispensary, but they must also grow at least 70% of the cannabis that they sell.

Violations of these medical marijuana dispensary laws range from misdemeanor to felony drug crimes, depending on the severity of the violation and the opinion of the judge. Anyone involved in medical marijuana in Colorado needs to have an aggressive defense attorney on their side just in case.

Arrest

Your defense attorney can begin helping you as soon as your arrest. Attorneys are well versed in all police procedures, and they will know if your arrest was performed correctly. A Denver criminal defense attorney will also have knowledge of bail procedures and bail bondsmen in the area, so they can help you get out of jail quickly.

Investigation

Many people will be tempted to speak with the police and tell their side of the story or attempt to explain their actions, but no one being investigated for a criminal offense should speak with the police without a trusted defense lawyer present. Law enforcement begins gathering evidence against a suspect very quickly, and a defense lawyer can help you also gather evidence for your defense.

Court

Your defense attorney will argue for your innocence during your court date, but an attorney will also be able to work with judges and prosecutors on your behalf. An experienced Denver criminal defense attorney will have professional relationships with court officials and prosecutors, so they will be able to speak with these officials to help you broker plea bargains or get evidence thrown out.

After Court

An aggressive criminal defense attorney doesn’t stop working for you after your court date. They can help you avoid harsh sentences and even help you stay on track when it comes to fulfilling the terms of your probation. A compassionate defense attorney will be with you throughout the entire legal process relating to your criminal charges and will stay in touch.

A DUI defense attorney can help you answer your charges for DUI, and they can also help you when it comes to a vehicular assault or vehicular homicide charge. Criminal defense attorneys will have experience with vehicular assault cases as well as defending clients for DUI. A common defense strategy for cases involving drunk driving and vehicle accidents is to defend against either one of the charges to get the entire case dismissed or certain legal penalties reduced.

Your experienced DUI defense lawyer can call the evidence against you like field sobriety or BAC test results into question and get the evidence thrown out. This can lead to a dismissal or reduction of the DUI charge. Then, an attorney can also defend you against the accusation that you were responsible for the accident because being involved in a motor vehicle accident is not a crime, but causing one is. Your defense lawyer will attempt to show that you did not cause the accident by using accident reconstruction techniques or evidence from the scene. With these kinds of defense techniques, you won’t have to face the serious legal consequences that come from vehicular assault or Colorado DUI convictions.

There are thousands of dispensaries in Colorado that provide a safe and legal way for patients with serious medical conditions to get cannabis products to manage their pain, increase appetite and reduce muscle spasms. Even though these dispensaries are legal, occasionally patients will get harassed by law enforcement when carrying cannabis products near dispensaries. Sometimes a card is not enough. If you’ve been arrested for possession even if you have a card, contact a Denver drug defense lawyer to help you answer your charges. As a legal medical marijuana patient, you shouldn’t have to face jail time or heavy fines.

DUI checkpoints near dispensaries can also lead to DUI arrests for medical marijuana users. The laws are changing, but currently Colorado drivers can be charged with Driving Under the Influence if they have any measureable amount of THC, the active ingredient in cannabis, in their bloodstream. Just like an alcohol DUI, the blood test for THC must be performed at the police station. If you’ve been pulled over for a drug DUI, contact a Colorado DUI lawyer today to review your case.

Often, internet crime charges can seem to come out of nowhere, but that doesn’t mean that they don’t come with serious legal consequences. Internet fraud crimes like identity theft or bank fraud can be either serious misdemeanors or felony crimes, depending on the nature of the crime or the amount of money involved. Internet sex crimes are prosecuted vigorously by Colorado law enforcement, and many of these are felony charges. When facing these kinds of serious crime charges, you need an attorney on your side who understands Internet criminal law.

Individuals facing criminal charges need a defense attorney beginning with the investigation into their case. Our attorneys understand the procedures law enforcement needs to follow in Internet cases, and they can safeguard your rights during the investigation and in the court room. A criminal defense attorney will be able to look at the circumstances of your case and craft a defense to bring a positive resolution.

An ignition interlock device is an electronic monitor that is installed into the starter of a vehicle. A breathalyzer machine is connected to the ignition on the car, and the device does not allow the vehicle to start if it detects any alcohol on the breath. Ignition interlock devices are meant to keep habitual drunk drivers from operating their vehicles while under the influence.

There are two different ways that a DUI can result in an interlock ignition device. The criminal court that convicts individuals in DUI cases can order individuals to install an ignition interlock after a Colorado DUI conviction. The DMV can also order you to install one as part of getting your driver’s license back. Often, the Colorado DMV will order drivers convicted of multiple DUIs to install an interlock device, and they are only allowed to legally drive a vehicle if the device is installed.

Unfortunately, Colorado requires the individual to pay for the ignition interlock device, and they can be expensive. An experienced Colorado DUI defense attorney can help you if you’re facing this type of situation. They can get your charges dismissed or reduced so that you don’t have to worry about losing your driver’s license or having to install an ignition interlock device.

There are already very severe legal penalties in place for Colorado residents who are convicted of possession, distribution or production of methamphetamines. While possession can be a serious crime, the penalties for being in possession of the chemicals and supplies for making methamphetamines can carry even more severe consequences. If you have been accused of being involved in methamphetamine sales or production, you need a knowledgeable and aggressive Colorado criminal defense attorney on your side.

Your Colorado drug crime defense attorney will be able to look at the facts of your case and determine the best defense strategy. When it comes to high-profile drug crimes like meth, law enforcement officials can sometimes be overzealous in searches and cut corners in arrest procedures. Your attorney can use these slip ups in your defense, as well as safeguard your search and seizure rights.

The best way to ensure a favorable outcome in any kind of drug case is to hire an aggressive and experienced criminal defense attorney. Your Colorado defense lawyer will fight for you in the courtroom and help get a favorable verdict in your case.

The best course of action for underage drivers in Colorado is to not drink and drive at all. The blood alcohol content limits for Colorado drivers under the age of 21 are very low, so if a teenage driver has had any alcohol at all, they shouldn’t be driving. Underage Colorado drivers can get a DUI if they have a BAC level of between 0.02 and 0.05. With limits that low, drivers shouldn’t take the chance.

Many teenage drivers think that their DUI will automatically get taken off their record once they hit a certain age, but a conviction for DUI can stay on your record for years. An experienced and compassionate Colorado DUI defense attorney can not only represent you in court and possibly keep your case from ending in a conviction, but they can also help expunge a criminal record down the line. Contact a DUI attorney for more information about underage DUIs and record expungement.

Colorado law tries to protect families from violence, and, while this is a worthy goal, it can make domestic violence charges very hard to withdraw. The laws that protect children and spouses from abuse are complex, and anyone accused of domestic violence needs an experienced defense attorney on their side. A Colorado criminal defense lawyer with experience in domestic violence defense can explain the law and your rights.

When it comes to protecting families, law enforcement can often overlook the rights of the accused. A Colorado domestic violence attorney can make sure that doesn’t happen. During any kind of investigation, you have the right to have a lawyer present when you speak with law enforcement. If you’ve been accused of child abuse, domestic violence or any other crime during a bitter divorce dispute, you should contact a Denver defense attorney as soon as you are made aware of the charges against you. Your attorney can work with the police, your divorce lawyer, the court and the prosecutors to make sure that your domestic violence case is handled appropriately.

Most people accused of shoplifting are individuals, but these organized shoplifting rings are criminals that work in teams, moving through a retail store and taking high-dollar items as well as everyday goods like aspirin or razors. Goods that many people wouldn’t expect would bring in money on the black market, like baby formula, are actually a serious target for criminals like these shoplifting teams.

Generally, misdemeanor shoplifting charges are leveled against someone for stealing goods that are valued at $300 to $500 or less. Even though it may seem like a minor crime, shoplifting charges can be upgraded to theft or larceny if the value of the goods that were allegedly stolen is $500. Theft and larceny are both felony crimes with heavy legal consequences.

If you or someone you love has been accused of shoplifting, contact a Colorado criminal defense lawyer with experience in theft cases. Never try to explain or talk to the police without a lawyer present. Your best defense starts as soon as you are accused of a crime, and a criminal defense attorney can help.

One bill sponsored by Polis is the Small Business Banking Improvement Act, which makes sure that cannabis dispensaries certified by the state of Colorado would be able to take advantage of the same federal tax deductions and other small business initiatives as other businesses. This act would also help state-certified cannabis dispensaries get full access to banking services. Many medical marijuana businesses are denied access to banks, which makes them more susceptible to crime and causes many problems. If you or someone you know has had problems running or accessing a state-certified medical marijuana business, contact a Colorado medical marijuana defense attorney today to talk about your rights.

Polis also co-authored one of the bills, the States’ Medical Marijuana Patient Protection Act. If passed, this bill would protect people and businesses that use and provide medical marijuana from federal prosecution as long as they are complying with the state laws regarding medical marijuana. This means that federal marijuana criminal charges could not be filed against people who are following state laws by having medical marijuana cards or licenses for dispensing cannabis for medical purposes. If you have been harassed by the police for medical marijuana use or dispensing, contact a Colorado criminal defense attorney as soon as possible.

Most people know that they can get a Colorado DUI defense lawyer to help them through the legal aspects of their DUI case, but many people don’t realize that a defense attorney can also help them with the DMV administrative process as well. An experienced Denver DUI attorney will be able to file all paperwork with the Department of Revenue and the DMV in a timely manner, represent you at your DMV license hearing, help you avoid administrative penalties like ignition interlock devices and get you back on the road faster.

The Colorado DMV does have the right to revoke the driver’s license of individuals who have been arrested for DUI or who refused to take a chemical BAC test to determine if they were drinking and driving. In order to revoke your license, the DMV must issue a revocation notification. The arresting officer can either do this at the time of the arrest, or the DMV can mail the notice to the DUI offender. When this notice is issued, the clock starts ticking, and you only have 7 days to request a hearing.

Your DUI defense attorney will know whether or not you need to request a hearing and can help you get that legal paperwork together on time. Your attorney will also represent you at the hearing. With a Colorado DUI defense attorney on your side, you can rest assured that you will be able to keep your driving privileges in Colorado after a DUI arrest.

The first stages of the criminal process for a Colorado DUI are the complaint and the court summons. A legal document called the complaint is created that lists your name and information about the traffic stop and offense like the date and circumstances. The summons is a formal legal document that requires you to appear before the Colorado state court to answer the complaint.

The first time you will see a judge in your Colorado DUI case is at the arraignment, where you will be informed of your charges and asked to enter a plea with the court. Your DUI attorney should be present at your arraignment and can advise you how to plea. If you enter a plea of not guilty, you will be asked to appear in a pre-trial conference.

At a pre-trial conference for a DUI, you and your attorney will work with the prosecution to come to a plea agreement, often called a plea bargain, where you may plead guilty to a lesser charge like DWAI. Before your trail, you may also have other hearings to address evidence. If your attorney wants to suppress evidence that he or she feels was improperly handled, they would do so during a motion hearing.

Your criminal trial for a Colorado DUI can be either a bench trial, where the judge makes the decisions in your case, or a jury trial, where you make arguments before a judge and a jury of your peers. Your Denver DUI attorney can advise you about which kind of trial is best for your particular situation. Your attorney will also represent you during your trial and help you fight your DUI.

House Bill 11-1239 might help change this. The bill was passed in early May 2011 by both the Colorado House of Representatives and Senate, as well as being signed by Governor Hickenlooper. The bill requires that legislators provide several key facts before they can add a crime or modify sentencing guidelines for a crime in the criminal code. This is good news for Denver criminal defense attorneys because they will be able to better advise their clients on the aspects of criminal law in Colorado. If you are facing any kind of crime, especially if it’s a newly created crime, call an experienced criminal defense lawyer to get the facts.

The new information that HB 1239 requires includes a thorough description of the new crime or changes to an existing crime as well as comprehensive legal analysis. This will ensure that unnecessary changes aren’t being made to the criminal code. In the future, to change or add to the code, legislators will have to look at existing crimes and see if the problem is already covered by existing laws, and then analyze how the new crime or punishments will address the problem. They will also be required to decide whether the new crime can even be charged under the current laws.

• DUI
  • Beating your DUI
  • Colorado DUI Defense Strategies
    • Blood Alcohol Content BAC & Testing
    • Field Sobriety Tests
    • The DUI Arrest
  • Denver DUI Court Process
  • DMV Hearings
  • DMV Representation
  • Do I Need a Lawyer?
  • DUI Enforcement
  • DUI FAQ
  • DUI Punishment
  • DUI Statistics
  • DUI: What to do now?
  • Is DUI a Felony?
  • Multiple DUI Arrests
  • Should I Plead Guilty?
  • True Cost of a DUI Conviction
  • Unlawful Police Stops in Colorado
  • Will I Go to Jail?

We handle all DUI and DUI related cases in the greater Denver metro area, including Boulder, Golden, Aurora, and Littleton.  Call  303-825-2223 for a free consultation. Your future may depend on the attorney you choose.

DON’T Talk with the Police and DON’T Plead Guilty

If you were arrested that means the police think you did something wrong.  Don’t talk to them.  Hire a lawyer immediately if you value your freedom.  Everything you can and WILL be used against in court.  The police do not have to be honest with you. They will lie to you to get you to open up to them and get you to admit to any crimes you may or may not have committed.  Don’t even talk to your friends or your family.  If you are in jail do NOT talk to anyone in jail with you. ONLY talk to your attorney. We are here to protect you.

With our professional attorneys on your side, your odds of receiving a fair offer increase dramatically. For a tough, capable DUI lawyer, contact The Law Firm of Jeremy Rosenthal today.

Convenient appointment scheduling · Credit cards accepted

When you’ve got a strong, effective defense, you’ve got options. For a free consultation with The Law Firm of Jeremy Rosenthal, call 303-825-2223 or contact the firm online.

If you feel that you have been victim of an unreasonable seizure or that your Fourth Amendment rights have been violated, you need to contact a Colorado criminal defense attorney as soon as possible. An attorney can review your case and fight for your rights in court. If law enforcement did not follow proper procedure or violated your search and seizure rights when gathering evidence against you, your defense lawyer may be able to get that evidence thrown out of court.

The one phrase that causes the most problems with searches by law enforcement is “probable cause.” Colorado police officers must have a reason to suspect that a crime has been committed by your person, in your car, home or place of business. With “probable cause,” police officers can search you and your car for evidence of a crime. This comes into play most often during traffic stops. Even if you feel that police officers aren’t following procedure with a search of your car, it is in your best interest to cooperate. As you may have heard on television, you do have the right to remain silent until you speak with an attorney. In cases of searches, it may be best to exercise this right and contact a Denver criminal defense lawyer as soon as you are able.

Traffic Stops

Many criminal matters arise from a traffic stop. If you are stopped by a police officer, always remain polite and comply with the officer’s directions. You do have the right to remain silent about the situation, but it is always best to give your name and identification. When you are stopped, always tell the officer that you are exercising your right to remain silent until your attorney is present.

Searches

Colorado law enforcement must have probable cause, or a quantifiable reason to suspect criminal activity, to search your car, your home or your place of business. During traffic stops, police may search your car if they have probable cause or your consent, but they will usually have a search warrant to search places like homes or businesses. Always call a criminal defense attorney if you are being searched, with or without a warrant.

Arrest

If you are placed under arrest by a Colorado officer, tell them that you would like to remain silent until you can speak with your attorney. The police are required by law to give you a chance to contact an attorney. It’s a good idea to keep the phone number or a business card of a defense lawyer in your wallet or purse just in case. After an arrest, you will be processed at the police station, which is called booking. This ends the arrest process, and you should be given a chance to contact an attorney at this time.

Criminal traffic offenses include reckless driving, excessive speed, Driving Under the Influence or Driving While Ability Impaired, driving with a suspended or revoked license and hit and run accidents. Even though many of these offenses may be classed as misdemeanor crimes, this does not meant that they do not carry serious legal penalties. Not only can you be convicted of a crime that will stay on your record, criminal traffic offenses can result in probation, heavy fines and community service. On top of these criminal penalties, many traffic offenses will also result in a suspended or even revoked Colorado driver’s license.

An experienced Colorado criminal defense attorney understands all the aspects of Colorado’s traffic laws and will be able to help you address your criminal traffic offenses in a timely manner. Not only will your attorney be able to represent you in court and get your criminal charges reduced or even dismissed, they can also represent you at the DMV if you need to have a license reinstatement hearing. With a criminal defense attorney on your side, you can get through your criminal traffic charges with a minimal impact on your life and your ability to drive.

In the KRDO News story, a Colorado Springs police officer, Sargent Steve Nobblit, was quoted as advising individuals who are having a domestic fight to call the police before the fight becomes violent. According to Colorado domestic violence laws, individuals can be charged with other crimes related to a domestic violence incident, even if no violence actually took place. Harassment is one charge often connected with these kinds of cases, and harassment can include threatening someone, using obscene language to provoke a violent response or invading privacy. If you have been charged with domestic violence or harassment in the Denver area, contact a Denver domestic violence defense attorney as soon as you can.

If this happens to you, remember to remain calm and be respectful towards law enforcement at all times. It is important in these kinds of cases to contact a Denver domestic violence defense lawyer as soon as possible to help you with your case. An experienced criminal defense attorney can help you understand the nature of the laws and fight to protect your rights in a domestic violence case.

Restorative mediation or justice has been a feature of juvenile criminal cases for years, but Colorado House Bill 11-1032 proposes to make the option mandatory in juvenile cases and expand it to include adults who are facing first-time criminal charges. Proponents of the legislation say that it can help offenders take responsibility and bring closure to families. Some legal professionals feel that making restorative mediation mandatory will limit options in juvenile cases.

If you are facing criminal charges in Colorado, whether they are juvenile or adult charges, you should speak with your defense lawyer about using mediation to resolve your case. Regardless of the path you and your attorney chose, an experienced Colorado criminal defense attorney will be there for your during your trial and sentencing hearings to make sure that you get justice. You attorney will be well versed in all kinds of plea bargains and sentencing options that can help you get back to your life after a criminal trial, including mediation or restorative justice.

Other DUI smart phone apps have recently come under fire from senators from several states because the apps show users where law enforcement has set up DUI checkpoints so that they can avoid arrest for drunk driving. The Senators have urged the developers of these DUI apps to disable the feature that shows DUI checkpoints. While these smart phone applications may seem like a “get out of jail free” card, they are more dangerous than an app like R-U-Buzzed, which urges drivers to call a cab or a designated driver if they are impaired.

The Colorado DOT smart phone app does not have this checkpoint feature, but only helps users estimate whether or not their BAC will get them arrested for DUI or DWAI. As the app doesn’t actually test BAC, only estimates it based on a person’s body weight and the number of drinks they consumed, it should not be relied on when making the decision to drive after drinking. If you have been pulled over for DUI—no matter where you are in your legal process—a Colorado DUI defense lawyer can help you get your charges reduced or even dismissed.

The criminal trial addresses the actual DUI charge and levels penalties like alcohol education and probation upon a conviction. In this trial, the prosecution presents the evidence that the traffic officers gathered to prove that you were driving while intoxicated, such as BAC test results and evidence for the traffic violation that led to a DUI stop. A Colorado DUI defense attorney will represent you during the criminal trial and help you by challenging the evidence against you in order to get your charges dismissed. Your attorney can also reduce your penalties by negotiating a deferred sentence or having you plea to a lesser charge such as DWAI.

The administrative procedures in a Colorado DUI are handled by the DMV. The administrative procedures are concerned with the accused’s driving privileges in the state, and they include surrendering your Colorado driver’s license, getting a temporary permit and procedures to get your license reinstated. You can request a hearing from the Colorado DMV regarding your driver’s license within 7 days of your DUI arrest. A Colorado DUI attorney will be there for you during your DMV hearing as well to ensure that you can keep your driver’s license.

Colorado drivers may think that they can use the fact that they weren’t intending to hurt anybody with their car as a defense in a vehicular assault case. Just like with bodily assault, intent is not an issue. Just the fact that harm was done with a vehicle is enough for a vehicular assault charge. The same is true for vehicular manslaughter. If someone died as a result of an accident, the driver can be charged with vehicular homicide.

Many drivers also think that they can use drunk driving as an defense in a vehicular manslaughter case, but a Colorado criminal defense attorney will tell you that those circumstances don’t excuse drivers from these types of charges. In fact, these charges come with more severe penalties if DUI or DWAI charges are involved as well. If you hurt someone with your car while drunk driving, contact a Colorado DUI attorney or an experienced Colorado criminal defense attorney to discuss your case.

There are certain laws regarding using cannabis for medical purposes that can still land patients in legal trouble. For example, patients are only allowed to consume cannabis in the privacy of a home, out of the view of the general public. Patients and caregivers are also limited in how much cannabis they can possess, and they can be charged with drug possession for having more than 2 ounces of useable marijuana or more than three mature cannabis plants. The patient must also be honest with their physician about their medical condition in order to get an ID card, and using or creating a fake medical marijuana card is also illegal.

Even though these laws have made marijuana legal for patients with an ID card, many people involved with medical marijuana, including growers and distributers, have been hassled by police. Not every law enforcement officer fully understands the medical marijuana laws, but a defense attorney that specializes in these kinds of drug charges will. If you are a patient and have problems with the law, you need a compassionate Colorado medical marijuana defense attorney on your side.

Anyone can go to the CBI’s Sex Offender Registry website and search for sex offenders in their area or by name. The sex offender registry was created in order to educate the public on sexual predators in their area, but the courts have to balance public protection with the rights of convicted persons. Because anyone can search the CBI’s registry, having your name on the sex offender registry can be humiliating as well as cause problems for future employment or renting a property.

If you are facing sex crimes charges, you need a compassionate and dedicated criminal defense attorney on your side. With an aggressive Colorado defense lawyer, you might be able to have your charges reduced and avoid registering as a sex offender. If you are convicted of a sex offense, there are also alternative sentence programs that can help you reduce your legal penalties such as putting your address on the sex offender registry. Your defense attorney can always advise you on how to make plea bargains and seek alternative sentencing for sex offenses.

Even if the judge does not order alcohol education as part of a DUI conviction, alcohol courses are required by Colorado law in order to get your driver’s license reinstated after a DUI. In order to get your Colorado driver’s license back, you will need to complete alcohol education or therapy in a state-approved behavioral health program and provide proof of attendance to the CO DMV.

There are different levels of alcohol education for Colorado drivers. Minors under 21 who have received a DWAI, DUI or other alcohol-related conviction are required to take a Level I alcohol education course that consists of 12 hours of education about the effects of alcohol. For adult drivers convicted of alcohol-related violations, Level II alcohol education and therapy is required. The Level II alcohol courses include education but also therapy in a state-approved program. The duration of the therapy gets longer depending on the severity of the violation and whether or not the driver has had multiple DUIs.

The debate about whether or not marijuana use impairs driving is still raging in Colorado and all over the nation. Some studies of marijuana’s effects on the brain and body indicate that THC may slow reflexes, but other studies show marijuana affects driving ability less than alcohol. Lawmakers have taken these various studies into account when setting the limits for THC in the bloodstream for Colorado drivers.

The proposed limit for blood THC levels for Colorado drivers is 5 nanograms of THC per milliliter. In other states with medical marijuana laws, the driving limit is 2 nanograms, while other states have limits as high as 7 nanograms. Colorado is considering the 5 nanogram limit because some studies have shown that this is a level of concentration that can affect a driver’s reflexes. Medical marijuana advocates are concerned that medical users will have higher than normal concentrations because of regular use, even though they may not be impaired.

If you’ve been pulled over for driving under the influence of marijuana, especially if you have a state medical marijuana card, you need to contact a Colorado DUI defense attorney as soon as possible.

Who can see my DUI records?

Criminal records are primarily used by law enforcement when they arrest a suspect. Anyone who conducts a background check will be able to see your DUI conviction or anything else on your criminal record. Employers often do background checks on potential employees, and they may also check driving records if the job involves driving a company vehicle.

How do I get my DUI record expunged?

You should contact an attorney to expunge your record. While individuals can file in civil court to seal records, an attorney can advise you about the best way to go about it and help you file with the right court. A local Denver DUI attorney is best because they understand the local laws and have connections in local courts.

Can anyone see my records after they are expunged?

A general background check will not show expunged records, and individuals also don’t have to disclose anything from an expunged or sealed criminal record. However, even if you get your criminal records expunged, law enforcement may still be able to see your previous arrest record and criminal charges filed against you, including DUI.

The judge who started the program, Boulder District Court Chief Judge Roxanne Bailin, explained the reasoning behind the program to the Denver Post. “One of the critical parts of a successful drug court program is the immediacy of sanctions and the immediacy of rewards. Tangible rewards maximize success. It relates to the fact that people who are addicted to drugs are really people for whom immediate gratification is important. That’s what drug use is.”

This new incentive approach is meeting with some success. Drug offenders in the program, while they do also have probation and other legal consequences, are getting arrested on drug or alcohol related crimes less because of the positive reinforcement for staying sober and out of trouble. Many of the individuals on the program told the Denver Post that the program shows them that law enforcement wants them to get better. Many of their interactions with law enforcement are negative, and having a positive interaction can make a world of difference. Of drug offenders who graduate from the incentive program, only 15 percent are reoffenders, compared to 43% of individuals who drop out of the incentive program.

The Express Consent Law may sound like you have to take a breathalyzer test right there during a DUI stop or your driver’s license will be revoked, but this isn’t exactly true. The Express Consent law says that drivers must be tested within 2 hours of driving. This means that you can refuse an initial breathalyzer test at the scene of the DUI stop, but you must then allow yourself to be taken to the police station and tested there. Usually, a blood test instead of a breathalyzer test is given at the station.

When you are pulled over for a DUI in Colorado, it’s a good idea to let the officer test you at some point, but don’t let law enforcement scare you by saying that your driver’s license will be revoked if you don’t want to be tested right then and there. Make sure to say that you don’t want to be tested at the scene, but you are consenting to a test at the police station. The best thing you can do during a Colorado DUI stop is to cooperate with law enforcement, be polite and call a Colorado DUI defense attorney as soon as you are able.

How do ignition interlock devices work?
An ignition interlock device is a breathalyzer machine and computer connected to the ignition system that starts the car. When starting their vehicle, the driver must blow into the breathalyzer machine. If the breathalyzer detects alcohol in the driver’s system through their breath, then the ignition system turns off and the driver can’t start the car. Some ignition interlock devices also require drivers to periodically blow into the machine while they are driving.

Who pays for the ignition interlock device?
The driver is required to pay for the device to be installed on their vehicle. According to the Colorado Division of Motor Vehicles website, most ignition interlock devices cost around $1,000 per year. However, Colorado does provide some financial assistance to drivers who need it.

Who is generally required to install these devices?
Any driver who has a DUI conviction in Colorado may be required to install an ignition interlock device on their vehicle, even a first offense. The device is part of having their driver’s license reinstated. If you’re facing a DUI conviction, you need a Colorado defense attorney with experience in DUI cases who can help you avoid harsh DUI penalties like ignition interlock devices.

Since the law went into effect in 2010, the Colorado Bureau of Investigation has created over nine thousand DNA profiles in its database. Lawmakers like Colorado Springs Senator John Morse hope that this law can “increase tools available to Colorado law enforcement in order to better protect our families and solve cases.” Proponents of the law are encouraged by the forty matches the CBI database has found since the law went into effect.

While “Katie’s Law,” which was named for a victim who was brought justice through DNA evidence, is good news for law enforcement and prosecutors, the law may not be good news for defense attorneys. DNA evidence can be very compelling in a court of law, and many jurors will believe DNA evidence over any other kind of evidence.

When defending clients in criminal cases in Colorado, an experienced criminal defense attorney will usually challenge this DNA evidence. A defense attorney can get this kind of evidence thrown out so that they can successfully defend their clients against criminal charges. If you or someone you love has been arrested on a felony and asked to give a DNA sample, call a Colorado criminal defense attorney.

The driver, Gallegos, was pulled over when officers thought they saw her weaving in her lane. After being stopped for the erratic driving, the alcohol level in her blood was tested by a breathalyzer. When her Blood Alcohol Content was measured, she blew a 0.232, and the Colorado DUI limit is 0.08 BAC. Colorado law states that drivers who blow over 0.02 face a mandatory ten days in jail.

Despite her high BAC, Gallegos was not convicted of DUI because her attorney questioned the reason for her initial traffic stop that led to the breathalyzer test and DUI charges. Gallegos’ attorney brought up that she had not been weaving in her lane. The judge examined the video footage from the police car camera and sided with her attorney. Because the footage did not show Gallegos driving erratically, the officers who pulled her over did not have probable cause to stop her, ruled the judge. Since there was no probable cause for the stop, Gallegos’ DUI charges were dismissed.

Questioning the reasons of the officers who stop someone for DUI is only one way that a Colorado DUI attorney can help a client avoid a DUI conviction. If you’ve been charged with DUI in Colorado, contact an experienced defense attorney as soon as possible.

Alzheimer’s disease: Marijuana may prevent the formation of brain deposits associated with Alzheimer’s disease.

Lung Cancer (COPD): Research has found that smoking cannabis does not increase the risk of developing lung cancer or COPD and could even provide a mildly protective effect. One study found THC reduced tumor growth by 50 percent and significantly reduced the cancer’s ability to spread.

Breast Cancer: Research has found that cannabidiol may stop breast cancer from spreading throughout the body.

HIV/AIDS: Daily cannabis use among patients was found to greatly increase food intake. A study in 2008 also found a significant reduction in pain as well as improved mood, physical ability and quality of life.

Brain Cancer: The chemicals in marijuana help kill brain cancer cells.

While Colorado’s medical marijuana law has made the medicinal benefits of cannabis available to patients in Denver and throughout the state, it also has given rise to a number of legal issues. For starters, marijuana remains illegal under federal law and patients, growers, sellers and buyers may still face criminal prosecution.

The Denver medical marijuana defense attorneys at The Law Firm of Jeremy Rosenthal are also frequently called to represent clients facing criminal charges under state law. Charges related to the sale, possession or cultivation of marijuana are still quite common. And courts continue to face the issue of DUI/Drug charges among certified marijuana patients.

The use of marijuana for medicinal purposes is far from new – the issue is simply coming full circle. The documented medical use of cannabinoids and THC (the active ingredient in marijuana), dates to 2,737 BC.  The documented medical benefits include the alleviation of nausea and vomiting, as well as gastrointestinal issues.  And it has proven effective in the stimulation of hunger for chemotherapy patients or those suffering from AIDS. It has also been shown to lower eye pressure in those suffering from glaucoma.

There is  some evidence to suggest it is an effective pain reliever. The drug may be smoked, drank, eaten of swallowed in capsule form. The effectiveness of the various forms of administration has been studied by the National Institutes of Health. Synthetic marijuana is available in some parts of the world – including Marinol, which is available in the United States and Canada.

Recreational marijuana is illegal in all parts of the developed world, but has been increasingly decriminalized. And, while medical marijuana remains a controversial issue worldwide, it has been accepted in a growing number of countries. In the United States, 15 states and the District of Columbia have passed medical marijuana laws. States where medical marijuana was legal at the beginning of 2011 were Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Other conditions for which medical marijuana is believed beneficial include neurogenic pain, premenstrual syndrome, unintentional weight loss, insomnia, lack of appetite, movement disorders, asthma, inflammatory bowel disease, migraines and fibromyalgia. Still others believe cannabis beneficial in treating alcohol abuse, amyotrophic lateral sclerosis (Lou Gehrig’s disease), arthritis, bipolar disorder, colorectal cancer, depression, epilepsy, hepatitis C, leukemia, Parkinson’s disease, posttraumatic stress disorder, sleep apnea, anorexia nervosa and Tourette syndrome.

And research in California found the active ingredient THC prevented the formation of brain deposits associated with Alzheimer’s disease.

Unfortunately, law enforcement too often ignores Colorado medical marijuana laws when dealing with patients or legitimate businesses. Denver medical marijuana defense lawyers are frequently called to assert a patient’s, caregiver’s or dispensary’s  rights under Colorado’s medical marijuana law. Call today for a free consultation to discuss your rights – 303.825.2223.

Denver Marijuana Defense Lawyer – 303.825.2223 – Free Consultation

• About 100,000 medical marijuana patients in Colorado have submitted applications to the registry since it opened in June 2001.

• More than 95,000 applicants have received medical marijuana cards; only about 300 have been denied.

• Seventy-one percent are male.

• The average age of patients is 40; about two dozen patients are under the age of 18.

• About 6 in 10 patients live in the Denver metro area, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson counties.

• Severe pain accounts for 94 percent of all reported conditions.

• More than 1,100 physicians have signed for Colorado patients.

Source: Colorado Department of Public Health and Environment.

Some say laws are meant to be broken; if so there may be no other law for which that is truer than Colorado’s medical marijuana statute.

The Denver medical marijuana defense lawyers at The Law Firm of Jeremy Rosenthal understand the many issues surrounding Colorado’s medical marijuana law. Patients, growers, buyers and sellers, continue to face criminal prosecution on a number of fronts.

For starters, marijuana is still illegal under federal law and defendants can still face federal prosecution, even if they are in compliance with state law. In 2010, the Obama Administration issued a directive to federal authorities and federal prosecutors, ordering them not to pursue marijuana charges in cases where medical marijuana is legal under state law. But, of course, there are no guarantees.

Thus far, medical marijuana laws have been enacted in  Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

In other cases, patients or caregivers run afoul of the state’s medical marijuana statute, which is far from a blanket endorsement of the marijuana trade.  A patient must be registered with the state and be suffering from a “debilitating medical condition” as defined by state law.  Patients are also prohibited from possession more than two ounces of marijuana or six marijuana plants (with three or less being mature) and may not use marijuana in public. The state still arrests about 10,000 people a year on marijuana charges, including possession, sale, cultivation and possession of drug paraphernalia.

Colorado has decriminalized possession of marijuana for first-time offenders who do not have a medical marijuana card – particularly for cases involving possession of less than 8 ounces. Alternative sentencing and diversion are more common, which typically allow offenders a chance to complete probation and keep a charge off their record rather than face a trial and criminal conviction. But each case is unique and consulting with a marijuana defense attorney in Denver offers the best chance to protect your rights and keep a drug conviction off your record.

Under Colorado law, possession of less than an ounce is a petty offense punishable by a $100 fine. Use in public may result is a misdemeanor conviction and up to 15 days in jail. Possession of less than 8 ounces is a misdemeanor but may result in a jail sentence of up to 18 months. Possession of more than 8 ounces is a felony, punishable by up to 3 years behind bars.

The social penalties for a drug conviction, no matter how minor, may be quite severe, and can include job loss and the inability to hold certain jobs or occupational licenses. A defendant may even be unable to join the military or qualify for certain types of government assistance, including financial aid for college.

If you are dealing with marijuana charges in Denver, contact The Law Firm of Jeremy Rosenthal today for a free and confidential consultation to discuss your rights– 303.825.2223.

Denver Marijuana Defense Lawyer – 303.825.2223 – Free Consultation

DUI Arrest Record
Your DUI attorney will first examine the circumstances of your DUI stop and arrest. If the police officer that stopped you didn’t follow correct police protocols for traffic stops or search and seizure and your rights were compromised at any time during your stop, your attorney may be able to use this to defend you in court.

BAC Evidence
Your attorney will most likely also question the evidence brought against you in court, including Blood Alcohol Content or BAC tests. The machines that test blood alcohol levels aren’t foolproof, and an experienced DUI attorney can bring this up and possibly get your charges reduced from DUI to DWAI.

Plea Bargains
Your DUI defense attorney can also advise you on how to plea in your case. By pleading down to a lesser charge, you can avoid harsh DUI penalties while also answering for your actions in the eyes of the court. While in some cases a defense attorney can get an innocent verdict or get DUI charges dismissed, if this isn’t possible, a plea bargain may be your best defense against a DUI in Colorado.

Your Colorado criminal defense attorney will help you navigate the legal minefield of domestic violence charges by advising you of your rights under the law and helping you answer for your charges without admitting guilt. You can face your domestic violence charges with dignity if you have an attorney on your side, and you should contact an attorney as soon as possible once you are made aware of the charges.

A defense lawyer can help you from the initial police investigation all the way through your trial. In domestic violence cases, whether that’s physical or emotional abuse, investigations tend to favor the alleged victim, and the rights of the accused can be thrown out the window. A defense attorney can advise you on how to conduct yourself during a domestic violence investigation and be present whenever the police are questioning you about the incident.

Your attorney can also help you through your trial for domestic violence and make sure that you are properly defended. With a compassionate criminal defense attorney on your side, you can get your domestic violence charges taken care of with minimal disruptions to your life.

Field Sobriety Tests

While these aren’t Blood Alcohol Content tests per se, the field sobriety test is what gives a Colorado traffic officer probable cause to give you a BAC test. Most field sobriety tests involve asking the accused to perform certain tasks in order to gauge coordination and speech. If, after your field sobriety test, the officer thinks you have been drinking, you can be given a BAC test.

Breathalyzer Tests

The breathalyzer is a machine that the accused blows into at the scene or at the police station (often, one will be given at the scene and another at the station) to test the amount of alcohol on the breath. According to Colorado law, you can refuse a breathalyzer test at the scene of your DUI stop without legal penalty; however, you will be subject to a blood test at the police station if you refuse.

Blood BAC Tests

Blood Alcohol Content tests performed at the police station involve drawing blood from the accused. The blood is then tested at the station to determine the amount of alcohol in the accused’s system. If there is no alcohol in your blood at the time of this test, officers may also perform drug tests to see if there is another substance causing you to drive erratically.

A Colorado DUI attorney will know all the details about police procedure in BAC tests, and if you are also knowledgeable, you can help your attorney get your Colorado DUI charges reduced or dismissed.

The key component of any assault charge in Colorado or any other state is a legal phrase: “intent to harm.” This means that the accused must touch the alleged victim—whether this is a shove or push or just a restraining hold—with intent to harm the alleged victim. Simply touching someone isn’t necessarily grounds for assault, but the touch must be part of an argument and the accused must want to hurt the other person, whether or not the alleged victim is actually hurt.

There are varying degrees of assault charges that can be brought against someone who touches another person with the intention of doing them harm. Misdemeanor assault involves relatively minor harm done to the alleged victim without a weapon. These charges are common in bar fights and verbal arguments that turn physical. Felony assault charges involve more serious harm intended or performed on a victim, and felony assault can also involve weapons. There are several degrees of felony assault depending on the severity of the alleged harm.

A Colorado criminal defense attorney with experience in assault cases will know how to build a good defense on your behalf. Common defense strategies in assault cases include bringing up extenuating circumstances, calling witnesses on your behalf, and challenging evidence gathered by law enforcement. Having a defense lawyer who is aggressive in his or her defense of you is essential in assault cases.

Penalties for Multiple Domestic Violence Convictions

While legal penalties for a first domestic violence conviction can affect the accused’s ability to own or buy a gun and move about freely, these penalties can get more and more severe with each additional domestic violence charge. To avoid these harsh legal penalties, it is a good idea to have an aggressive criminal defense attorney fight for you in court and get your multiple domestic violence convictions reduced or even dismissed.

Penalties for repeat domestic violence convictions include:

• Permanent loss of child custody
• High fines
• Mandatory psychological counseling
• Jail time
• Permanent protective orders

Often, additional penalties can also be levied against someone with a domestic violence charge if they violate the conditions of their probation by refusing or neglecting to attend mandatory domestic violence counseling, for example. If you’re dealing with the results of a domestic violence charge, you need a criminal defense attorney to help you understand the charges against you and keep you on track for fulfilling the legal obligations related to your charge.

Domestic Violence and Protective Orders

Often, an alleged victim of domestic violence or domestic abuse in Colorado will get a temporary protective order stating that the accused can’t be near them. The court usually grants protective orders in order to prevent further instances of domestic violence, assault, emotional abuse or stalking. Once the domestic violence hearing has occurred, this temporary order can become a permanent protective order.

If your partner has been granted a protective order against you, it is very important that you follow the rules of that order. This is another situation where an experienced Colorado domestic violence attorney can help you navigate your legal situation. With an attorney’s advice, you can begin to address the serious domestic violence charges against you.

Contact a Denver Colorado Domestic Violence Attorney Now!

Colorado Domestic Violence Laws

In Colorado, a charge of domestic violence can be added to other criminal charges in certain circumstances, including:

• The accused and the alleged victim are in a relationship or living together
• The accused and the alleged victim are both parents of the same child, even if they do not live together
• The alleged crime occurred during or after an altercation between the couple

Penalties for Domestic Violence Convictions

Often domestic violence charges are added to other criminal charges like stalking or sexual assault, and domestic violence charges add extra penalties to the crimes if they result in a conviction. In cases where two types of criminal charges like sexual assault and domestic violence are involved, it is very important for the accused to get an experienced Colorado criminal defense attorney to handle their case.

Domestic violence charges can result in additional penalties such as:

• Psychological treatment
• Domestic violence classes
• Anger management classes
• Inability to possess or buy a firearm
• Employment penalties if in safety professions

If you have been accused of crimes like sexual assault and domestic violence against a partner or former partner, you need to retain the services of an experienced Colorado domestic violence attorney as soon as you are made aware of the charges. An attorney can help you beginning with the police investigation into the charges, so don’t wait. Because these kinds of cases are so emotionally charged, it is very important to have a defense lawyer by your side during interrogation and investigation.

Contact a Domestic Violence Attorney today!

If you or someone you love is facing serious criminal charges related to family upheaval like child abuse and domestic violence in Colorado, they need a Colorado domestic violence lawyer to help them navigate the legal minefield of criminal charges.

Colorado Child Abuse Laws

The problem with child abuse charges in Colorado is that they can be both very hard to prove and extremely hard to withdraw. Unless there is direct physical evidence that a child was abused, it can turn into a case of “he said, she said,” when child abuse and domestic violence charges get thrown around during legal proceedings. Often, the courts just want to do whatever is in the best interest of the child, and that can make things difficult for everyone involved. If you’ve been accused of a serious crime like child abuse along with domestic violence or other charges related to a divorce or breakup, you need an experienced attorney on your side to represent your side of the story in court and make sure your rights aren’t violated by an overzealous judge.

Colorado Domestic Violence Laws

Usually, domestic violence charges are added to charges like child abuse, and domestic violence convictions can add extra penalties such as:

• Psychological assessment and possible treatment at the accused’s expense
• Domestic violence or anger management at the accused’s expense
• Revocation of the right to own or buy a firearm
• Inability to be hired in certain professions

Child Abuse and Domestic Violence Charges

When domestic violence charges are combined with charges like child abuse, the rights of the accused can get thrown out of the window because law enforcement, prosecutors and judges can get emotionally involved. That’s why those accused of crimes like child abuse and domestic violence need an aggressive Colorado criminal defense attorney in their corner.

Why You Should Contact a Domestic Violence Defense Lawyer

If you have been accused of harassment and domestic violence, you need the services of a Colorado criminal defense attorney. An attorney who is knowledgeable about all of Colorado’s domestic violence laws can help you in many ways, including:

• Advising you how to speak to the police
• Being present during any investigation
• Preparing a solid defense
• Interviewing witnesses and gathering evidence in your defense
• Safeguarding your rights
• Representing you in court
• Getting harassment and domestic violence charges dismissed or reduced
• Helping you and your family during this trying time

Colorado Harassment and Domestic Violence Laws

While it is important to contact a criminal defense attorney as soon as you are made aware of domestic violence and/or harassment charges, it can also be helpful to understand a little about the Colorado laws regarding these crimes.

Colorado law defines domestic violence as the intent or threat of violence against someone with whom the accused is in an intimate relationships with, meaning a spouse, former spouse, parent of the accused’s child, cohabitating couple or formerly cohabitating couple.

Under these domestic violence laws, harassment charges can be brought against someone for the following:

• Intending to harass, alarm or annoy someone
• Provoking a violent response by verbal abuse or coarse language
• Following a partner around in a public place
• Making obscene language or gestures at someone in a public place
• Contacting someone anonymously via phone or computer with the intent to threaten someone
• Continuously calling someone without initiating conversation
• Invading someone’s privacy by calling or communicating at inconvenient times
• Interfering in the use of someone’s private property or residence

While these actions might seem straightforward, you can be accused of harassment if someone thinks you’ve done these things. An attorney with experience in these kinds of cases can gather evidence on your behalf and help you build a defense. If you’ve been charged with harassment and domestic violence in Colorado, contact a Colorado criminal defense attorney for a free consultation.

Common Penalties for Domestic Abuse or Violence in Colorado

A conviction on domestic violence or domestic abuse charges could not only result in a potentially lengthy prison term, but the person convicted will be required by the court to participate in an approved domestic violence treatment program that could last for several weeks and must be paid for by the person convicted, possibly causing financial duress.

Don’t wait to contact an attorney in domestic violence cases!

If you’ve been charged with domestic abuse or domestic violence, or suspect that charges will be filed it is critical that you reach out to an experienced Colorado criminal defense attorney right away.  A qualified Colorado criminal defense attorney will immediately begin to gather the necessary evidence to build the best possible defense for your situation.

How a Defense Lawyer Can Help

Your Colorado criminal defense attorney will work with the prosecution in an effort to get the very severe charges filed against you reduced or dismissed so a felony conviction for domestic violence doesn’t have a dramatically negative effect on your future.  If there is any question as to who the aggressor was in a domestic violence situation, your experienced Colorado criminal defense attorney will attempt to use that information to have your charges dropped or to work to negotiate a favorable plea bargain that will result in much less severe penalties.

A Colorado domestic violence charge is something that the police and courts will most certainly not take lightly.  If you want to walk away from domestic violence charges with the most favorable possible verdict, you can’t take these very serious charges lightly either.  If you suspect that domestic violence charges are pending, reach out to an experienced Colorado criminal defense attorney today.

Denver Domestic Violence Attorney

Defending Colorado Clients against Domestic Violence and related Family Violence.

At The Law Firm of Jeremy Rosenthal, we represent many clients facing accusations of domestic violence. Men and women both are victims or alleged perpetrators of Domestic Violence in Colorado. Domestic Violence is not racial or gender bias. It can occur in any home at any time. Domestic Violence is not always between a man and a woman, or a husband and wife. Domestic Violence in Colorado can occur between a man and a woman but it can also occur between a woman and a woman or a man and a man. Domestic Violence is a blanket term. Many people hear domestic violence and naturally assume it means a man hurt a woman physically, but this is not always the case. There are four main types of domestic violence, some of which you may not even think of as a form of DV in Colorado. The four forms of domestic violence are:

• Physical Abuse
• Sexual Abuse
• Emotional Abuse
• Financial Abuse

You may not think it but if your significant other constantly insults you or prevents you from working, regardless of the reasoning behind it, that is domestic violence.

As experienced criminal defense attorneys, we approach domestic violence charges in Colorado aggressively, working within the facts of your case and employing proven defense techniques. To discuss your case with a professional Denver Colorado Domestic Violence Lawyer, contact The Law Firm of Jeremy Rosenthal for a free initial consultation.

Domestic violence charges can be brought against a spouse, former spouse, unmarried partner, or any close relative sharing the same residence. In some instances, false charges of domestic abuse may arise in conjunction with hostile divorce proceedings in an attempt by one party to achieve a more favorable settlement.

We represent our clients at hearings that determine temporary restraining orders, as well as courtroom proceedings that carry the possibility of criminal penalties ranging from community service and anger management classes to serious jail time.  We also work with Domestic Violence Repeat Offenders.

The Colorado legislature has determined that domestic violence is one of the most pressing concerns in this state. It is the job of the executive branch (police officers and district attorneys) to carry out the legislature’s wants. Therefore it is the job of the executive branch to handle these types of cases with an “iron fist.” Even the most minor offense (such as phone harassment) will carry the DV (Domestic Violence) designation if the alleged victim is, or ever was, an intimate partner or family member. A guilty plea in this type of case can literally have life-altering consequences. Domestic Violence charges will NOT go away because the alleged victim decides that they do not want to go forward with the charges. In other areas of law, if the alleged victim tells the DA that they do not want to go forward the DA will usually respect their wishes. In DV this is not the case. DA’s feel that it is their duty to protect “victims” even if they do not want to be protected. Domestic Violence charges are arguably the toughest and most contentious charges in law.

Domestic violence charges can carry severe collateral consequences. Some men and women may not realize that a person who is convicted of or pleads guilty to a domestic assault charge permanently surrenders his or her right to own any firearm – a particular concern for hunting enthusiasts. To protect your rights, contact the domestic violence lawyers of The Law Firm of Jeremy Rosenthal today.

An attorney can help you beginning with the investigation into the matter that led to your Colorado drug charges. When law enforcement begins an investigation, they will interview you and witnesses of the event to determine the extent of the charges, and you should always have a criminal defense attorney present if you are talking to the police.

If you are arrested on drug charges, your attorney can help you move through the jail system and represent you when you go before a judge. Your attorney can also help explain the exact nature of the drug charges against you and even help you make bail or help you get a signature bond to get you out of jail.

Before your trial, your criminal defense attorney will gather evidence for your trial. You should go through the details of the police investigation as well as any search or seizure procedures. Your attorney can find out if Colorado law enforcement followed the correct search and seizure procedures and upheld your rights under the Constitution. If law enforcement violated your rights during the investigation, your attorney can use this in court to get your Colorado drug charges dismissed or reduced.

There are two reasons you can get a Driving Under the Influence arrest for any kind of driving impairment due to alcohol, prescription drugs or even tiredness: the original reason for the traffic stop and the field sobriety test. If an officer sees you break a traffic law or drive erratically, they can pull you over for that traffic offense. Then, during the field sobriety test, the officer gets probable cause for charging you with Driving Under the Influence or Driving While Ability Impaired.

After these two initial determinations have been made by the officer, you can be tested to see what kind of substance you are driving under the influence of, whether that’s drugs or alcohol. Usually, a breathalyzer test will be offered at the scene. If results of this test are inconclusive, if this test is refused or even if nothing shows up, you can be given a blood test at the police station to test for substances in your blood that would cause you to have an impaired driving ability.

Police must follow strict procedures during any kind of DUI stop, and if these procedures aren’t followed exactly, their case against you can get thrown out. If you have been charged with DUI or DWAI in Colorado for any kind of driving impairment, you need to contact a Colorado defense attorney who specializes in these kinds of cases. Your attorney can go over the stop, the tests and the procedures with you and get evidence thrown out or charges reduced.

Under Colorado DUI law, the officials at a DMV Administrative Hearing related to a DUI will revoke the driver’s license of any person who: Is determined to have driven a motor vehicle with a blood-alcohol level greater than .08, in violation of the state’s drunk driving laws. Was under the age of 21 with a blood alcohol level of more than .02 or .05. Refused to take or complete blood-alcohol testing. Drove a commercial vehicle with a blood-alcohol level of .04 or greater.

Your Colorado DUI defense attorney will protect your right to drive a vehicle in Colorado by contesting the license suspension at the DMV hearing. Should the circumstances of your Colorado DUI case lead to a driver’s license suspension, your attorney will help you obtain driving rights so that you can get back on the road.

The first thing your attorney will do is look at all the circumstances of your citation. Colorado law enforcement officers should given you a good reason why you were pulled over, and a DUI lawyer can challenge this reason to win your case.

The second thing an attorney can do to win your DUI case is to throw out the Blood Alcohol Content tests. These are the hardest evidence that the law has against you in a DUI case, and without it, you can win your case. An experienced Colorado DUI attorney knows all the ins and outs of BAC test procedures as well as field sobriety test procedures, and they can not only protect your rights but get this evidence thrown out if the tests weren’t performed correctly.

You can also have your Colorado driver’s license retained if you hire a lawyer to represent you during your DMV hearing following your DUI arrest. Your attorney will argue for your right to drive at your DMV hearing to let you keep your license.

These are just some of the many ways a Colorado defense attorney can fight your DUI case to get you less harsh penalties and keep you on the road with minimal disruption to your life.

Usually, a field sobriety test can be a combination of any of the following tests. The Nystagmus Eye tests, in which an officer tracks eye movement using an object such as a pen. A Walk and Turn test is a test of balance where the driver must take a number of steps, turn, and walk back. Balance is also tested by standing on one leg and being asked to stand still with eyes closed. Another balance and hand coordination test is touching a finger to the nose.

The field sobriety test is what Colorado law enforcement use to test whether or not a driver has their driving ability impaired by alcohol or other substances. The field sobriety test gives the officer probable cause to suspect the driver of DUI or DWAI, and only after it is performed can a police officer ask a driver to take a breath test at the scene or a blood test at the station. According to Colorado law, a driver may refuse a breathalyzer test at the scene, but they are then subject to a blood test at the station.

If you have been subject to a field sobriety test that you feel like was conducted improperly, contact an experienced Colorado DUI attorney today.

Criminal defense attorneys do several things for their clients in addition to representing them in a court of law.

A qualified criminal defense attorney can:
Negotiate Deals
A good criminal defense attorney has been practicing law in the area for many years and has developed relationships with local judges and prosecutors. A defense lawyer will put these relationships to use and broker deals with prosecutors on your behalf.

Lighten Your Sentence
Your defense attorney can help lighten your sentence by challenging evidence in your case or helping you plead guilty to a lesser charge so that your legal penalties are lighter.

Explain Details of Law
If you are confused about any of the details of your criminal charges or potential penalties for a conviction, an attorney can walk you through the finer points of the law so that you fully understand the charges against you and how to respond to them.

Navigate the Legal System
Many court cases—especially criminal cases—have lots of legal deadlines and paperwork that needs to filed in a timely manner. Trying to manage all of this on your own while dealing with the emotional stress of a criminal case can simply be too much for most people. This is where a defense attorney can step in and help you.

When your criminal record is expunged, the court records that show that you have been arrested for, convicted of or even charged with a crime are erased. According to the law, these things never happened, and the criminal record does not appear on background checks.

Often, a Colorado attorney will file for expungement if the case was dismissed so that no record of the arrest or charges appears on the client’s criminal record. A Denver attorney may also file for expungement in Colorado as part of a plea agreement with the prosecutor.

In most cases of criminal record expungement in Colorado, the criminal records of juveniles are erased when they come of age. However, even the criminal records of adults can be expunged if certain legal criteria are met.

Usually, certain legal requirements must be met in order for criminal records to be expunged. While an experienced Denver attorney will know the legal steps to expunge your record, there are a few things you should know about expungement in Colorado. Anyone can petition the District Court to seal or expunge their criminal record, but they must file a civil action to do so.

If you would like to file a civil action for expungement in Colorado, it is a good idea to hire a Colorado attorney to make sure all legal paperwork is filed correctly.

Most car accidents are caused by neglect on the part of one driver. The driver is at fault for the accident, and they should be held accountable under the law for the damage they have caused to your property and your body. If a driver isn’t following the rules of the road, they are at fault, and they should pay for the damage they caused. It’s that simple. A personal injury attorney can make sure that they do.

Many people assume that their or the other driver’s car insurance company will take care of them after an auto accident, but this is not always the case. Insurance companies want to make money, and paying you just compensation for your medical bills and lost wages due to a car accident does not make them money. If you didn’t read the fine print when you bought your car insurance, you may also not know that your insurance policy may not even cover these things.

This is why you need a qualified Colorado personal injury attorney who can fight with the insurance companies and in the courts to make sure you are compensated for your injuries due to a car accident. With a personal injury attorney on your side, you can get back to healing.

For example, in Colorado, drivers are not required by law to submit to a field sobriety test if they do not wish to, and a driver who refuses to submit is not risking suspension of their Colorado driver’s license. If you did submit to a field sobriety tests without cause and you feel that the officer didn’t act justly, you should find a Colorado DUI attorney who can help you plead your case.

The reason why law enforcement uses field sobriety tests is to establish probable cause in driving under the influence cases. Once probable cause for DUI has been established by a field sobriety test, the officer can then get the suspect to the police station to have a blood alcohol content test and arrest the suspect for DUI. Blood alcohol content test are also not infallible, and a Colorado DUI attorney can also question these tests in court.

Field sobriety tests consists of three tests to establish that the driver has impaired eye movement, balance and attention span. These three tests are called a Horizontal Gaze test, a Walk-and-Turn test and a One-Leg Stand test. These tests combined are supposed to show an officer if a driver has impaired coordination, attention or hand-to-eye coordination.

If you feel that your DUI arrest and field sobriety tests were not performed correct, contact a DUI lawyer as soon as possible.

After your Colorado DUI arrest, you may be held in jail for a certain amount of time while the courts process your DUI charges. A DUI attorney can help you get a signature bond in order to be released from jail, or they can help you contact a reputable bond company to get a cash bond.

The second thing that needs to happen after you get out of jail is the DMV hearing. Your attorney can represent you during this hearing and help you make sure your Colorado driver’s license is not suspended.

On your court date, your Colorado DUI attorney will not only stand at your side in the court room, but they will challenge the evidence against you. If Colorado police didn’t follow correct DUI procedures, field sobriety test procedures, or blood alcohol content procedures, your attorney can get your DUI charges dismissed or reduced. Getting your charges reduced also reduces your legal penalties.

After your court date, you Colorado DUI attorney can help by reducing your penalties such as fines or community service hours. If you do have legal obligations to fulfill after your DUI conviction, they can keep you on track with your probation and make sure you meet all legal deadlines for getting your driver’s license back after a DUI.

When you are convicted for a DUI in Colorado, not only do you have to pay fines and perform community service hours, but you have points added to your Colorado driver’s license. You will have to attend a Colorado DMV hearing in order to challenge these driver’s license points and keep your license from being suspended. A qualified Colorado DUI attorney can help.

In Colorado conviction for a DUI in Colorado automatically adds twelve points to your Colorado driver’s license. Colorado driving laws also state that if you get twelve points in twelve months, your driver’s license will be suspended. This means that you will definitely have your driver’s license suspended if you get a DUI, either because of points or because of Colorado DUI laws.

While a DUI adds twelve license points, the lesser charge of Driving While Ability Impaired, or DWAI, only adds eight points. A DWAI conviction also doesn’t automatically mean your driver’s license is suspended.

The way that an experienced Colorado DUI attorney can get your license points reduced is by helping you reduce your charges from a DUI to a DWAI. This way, you don’t automatically have your Colorado driver’s license suspended because of too many points on your license.

Generally in drug cases, the strategy starts with reviewing the actions of law enforcement during the arrest. If law enforcement doesn’t follow procedures for traffic stops or search and seizure, a criminal defense attorney can use this to the client’s advantage. Sometimes drug charges can even be dismissed if laws are not followed by law enforcement during an arrest.

Another strategy for fighting drug charges is making sure the rights of the accused were not violated. Defense attorneys fighting drug charges will also see if the client’s rights were violated in any way during and after the arrest. If law enforcement violates Fourth Amendment rights such as not having probable cause to search a client’s residence or person, drug charges can be dismissed. Even if the charges are not dismissed, evidence that was not properly acquired by law enforcement can be thrown out. Without this evidence, you can win your case or get your drug charges reduced.

A criminal defense attorney can also reduce drug charges by making a deal with the prosecutor. The accused would then plead guilty to a lesser drug charge and be subject to lesser penalties. A local Colorado criminal defense attorney should know the other lawyers involved and be able to broker a deal that benefits their client.

If you already received a ticket for Colorado DUI or DWAI, it may be possible to fight your case and win. The way to do this is to look at all the circumstances of your citation. First of all, law enforcement should have stated why you were pulled over. They must have had a valid reason to stop you, whether that be that you were recklessly driving or speeding.

For a Colorado DUI to stick, the blood alcohol content, or BAC, has to be thrown out. There are rules for Breathalyzer use. The person who administered it to you must have done every step correctly. The breathalyzer must also have been properly maintained. If any of these steps are not done properly, the driver can leave the Hospital.

The procedure for collecting a blood sample are very specific as well. If you gave a blood sample, it can be thrown out of court if the two tests that are done on the sample vary in the information that they give. A qualified Colorado DUI attorney can help you get this type of evidence thrown out.

You can also argue your case if the enforcement agent who pulls you over does so outside of his jurisdiction. Every law enforcement agent has a specific area that he is allowed to patrol. This is his jurisdiction. If he is out of his allowed area, then the citation or ticket can be thrown out. If the officer does not show up to your hearing, the case is automatically thrown out as well.

There are several other loopholes that exist in Colorado laws for DUI. They can be useful to know if you need to get out of a tough situation. A qualified Colorado DUI attorney knows the ins and outs of Colorado DUI law and can help you plead your case.

Colorado DUI fatalities continue to drop as law enforcement follow NHTSA recommended guidelines by staying as visible as possible. In fact, Colorado has a website that keeps track of how many tickets they have given out in a certain number of time. “The Heat Is On” Campaign slogan is, “ In Colorado, we’re serious about Drunk Driving”. According to this website, in the first two weeks of 2011, over 300 DUI related arrests have been made. If you were one of those 300 plus people, you need an experienced DUI attorney.

“Driving Safely is Living Safely” is NHSTA’s slogan. The goal is to change people’ s habits so that driving under the influence completely stops. “Buzzed Driving is Drunk Driving” is another slogan of the NHTSA. The idea is to get drivers to not hit the road with any amount of alcohol in their systems. The legal limit in Colorado is 0.08 BAC or Blood Alcohol Content. However, law enforcement can use their own judgment if it seems like the driver is impaired, so you definitely need a good DUI lawyer if you get stopped.

Driving while under the influence of anything, alcohol or drugs, creates a dangerous situation for both yourself and those around you. Because of Colorado law enforcement crackdowns on DUI, you need a Colorado DUI attorney on your side.

There are various theories as to why the amount of DUI fatalities have gone down. Public awareness of the effects of Drunk Driving is at an all-time high because of groups like MADD, Mothers of Drunk Driving, and campaigns like “Tie One On For Safety”. The laws have also become more stringent, as law enforcement is now allowed to make judgment calls about a driver level of impairment.

Other factors contribute to the risks of a Colorado DUI fatality. Three Quarters of DUI driving deaths occurred at night. Males are far more likely to be killed in a DUI related accident than women, at a rate of 4:1. No matter what your situation, you can contribute to a DUI fatality of you get behind the wheel after you have been drinking.

Many teens have also contributed to Colorado DUI fatalities. In 2008, 92 deaths could be attributed to a teenager driving under the influence of alcohol. The NHTSA currently has a campaign that is attempting to teach young driver’s that any type of drinking, even saying that you are just buzzed, can lead to fatalities. This slogan is “Buzzed Driving is Drunk Driving”.