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Denver Criminal Defense Lawyer Blog

Increased law enforcement on Colorado roads over holiday weekend

Memorial Day weekend is known throughout the country as the unofficial start to summer. Individuals who reside in the state of Colorado take advantage of what is for many a three-day weekend and get together with friends and loved ones to socialize. In many of those cases the socialization includes the consumption of alcoholic beverages.

In an effort to keep drunk driving car accidents to a minimum over the holiday weekend, law enforcement agencies across the nation, including in the state of Colorado, have increased the number of law enforcement officers on the road.  Because of this, drivers in communities throughout the Denver area should be cautious on the roads.

Sexual assault charges against Colorado cadet dismissed

A sexual misconduct case against an Air Force Academy cadet in Colorado was recently dismissed.  The commandant overseeing the court-martial proceeding stated that there simply was not enough evidence to pursue the matter.

This has been the third such sexual assault case dismissed at the academy since January of 2012.  However, three other cases remain to be tried against cadets, and we will have to wait and see if any of these cases results in conviction.

States urged by federal agency to lower DUI blood alcohol limits

The National Transportation Safety Board said this week that it believes the states should lower the amount of allowable blood-alcohol concentration. This recommendation came with mixed reviews from various groups and agencies across the country. While the recommendation is unlikely to prompt immediate action by all 50 states, it could have a substantial impact on the number of people charged with drunk driving related crimes in the future.

A reduction from a 0.08 blood-alcohol concentration to 0.05 might not seem very significant to some people, however this standard could be so low that it could criminalize what many people consider a responsible limit to drinking.

Colorado to restrict guns for those convicted of domestic violence

When a person faces a criminal charge, it is important that they understand their rights. Convictions for some crimes might result in consequences that exceed that of time spent in jail or a fine. Depending on the crime that a person is convicted of, they might face complications with their employment, have troubles maintaining child custody and if a bill that recently passed the Colorado legislature is signed into law, people convicted of domestic violence charges could lose firearm rights.

The measure has reportedly been passed by the House and Senate in Colorado, but is being referred back to the Senate before the Governor will sign it into law. If the bill is signed, the new law would make it even more important for people to understand their rights.

Two Colorado drug bust operations result in 33 arrests

Following two operations known as Xterra Range and Operation Pig Pen, Colorado law enforcement officers arrested 33 individuals. The investigation into this matter supposedly took as much as two years, and it appears that law enforcement officers were assisted by FBI agents and other federal officials.

It is asserted that at least one of the organizations was involved in the drug trafficking and transporting of crystallized methamphetamine. It is claimed that the crystallization process resulted in a form of methamphetamine that was 90 percent pure.

Denver traffic stop subject of U.S. Supreme Court case

The alleged conduct of a Denver police officer during a traffic stop has resulted in a civil rights violation case making its way to the U.S. Supreme Court. It all began with a woman driver accused of driving erratically by a Denver police officer after she claims to have had to quickly changed lanes to avoid a collision with the police officer that she says cut her off.  

Though she at first allowed to drive away without receiving a ticket, the police officer then made an accusation that she ran over his foot while she drove away. The police officer recanted this allegation in court, but ten days after the stop he then tracked the woman down at work and issued her a traffic violations ticket for a supposed improper lane change. Her SUV was then impounded and later sold after she refused to pay the impound charge.

Sexual assault charges dismissed because of medical impossibility

A 71-year old Colorado man facing six charges of sexual assault was released after all counts were dismissed. The Loveland man was accused of having impregnated a teenage girl on nine separate occasions over the years. However, as his attorney explained in court, what was alleged was "not medically possible." Apparently the man had received a vasectomy in the 1970s.

Various court details also revealed that the teenager was taking various medications that would have prevented pregnancy. And a vehicle that he supposedly used to drive to Estes Park to perpetrate the sexual assault the young girl had actually been sold back in 2009.

U.S. Supreme Court rules against warrantless blood tests for DUIs

The U.S. Supreme Court has recently ruled that police will in most cases need to obtain a search warrant before blood tests can be ordered for any individual charged with a drunken driving offense. Prosecuting attorneys and law enforcement officers maintain that the alcohol in the bloodstream would dissipate and disappear over time, and requiring a search warrant following a DUI arrest would result in delays in having the blood drawn.

Justice Sotomayor, who wrote the majority opinion, acknowledged that such an argument existed, but the concerns of allowing invasive blood tests to be administered without a warrant trumped any of the prosecutor's arguments. The Supreme Court thus upheld the lower court's decision that such warrantless blood tests would be considered unreasonable searches and seizures in violation of the federal constitution.

The complications of sexual assault cases

An article about sexual assault and domestic violence allegations at an Ivy League college out east presents a bleak picture of what sometimes occurs on our college campuses. However, it also tells a story about how false reports of these crimes can sometimes interfere with the abilities of officials and institutions to deal with the circumstances.

Though the National Institute of Justice (NIJ) has suggested that as many as 20 percent of women and 1.5 percent of men are presumably the victims of some sort of sexual assault during their lifetimes, the NIJ also suggests that anywhere between 2 to 10 percent of allegations of sexual assault may be false. Putting this number into perspective, that could mean a large number of individuals charged with sexual assault in the courts have been falsely accused.

Teacher charged with sexual assault avoids felony charges

An Englewood, Colorado teacher recently pled guilty to having sexual relations with one of her students. What's unusual about this particular teacher's circumstances is that she will likely receive no jail time as a result of this plea.

The judge was apparently convinced that the teacher had been honest and showed remorse concerning what happened. A psychosexual evaluation ordered by the court apparently did not recommend that she receive any treatment, and it is thought this may have been the reason that she was allowed to plead guilty to lesser charges.

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