Denver Criminal Defense Attorney Blog | Colorado DUI Lawyer | Jefferson County Domestic Violence Law Firm

Colorado marijuana dispensaries face federal crackdowns

2012-02-03T01:00:46Z

Colorado medical marijuana dispensaries are facing a challenge from federal authorities to shut down or face criminal charges, despite state laws that allow the outlets. The U.S. stand is that these dispensaries present a danger to school children, even though Colorado has its own regulations that apply to medical cannabis.

The sellers must decide if the fight is worth the potential penalties that could arise from a federal crackdown on their businesses. The letters from John Walsh, a Colorado U.S. attorney, informed sellers they must close their medical marijuana dispensaries by Feb. 27. This effort by the feds may be subject to further litigation if an initiative by advocates to legalize pot use by adults over age 21 gets on the November ballot in Colorado.

]]> This conflict between state and federal laws could end up in the Supreme Court under challenges to states' rights under the U.S. Constitution. With such laws in flux, persons who may be suspected for questionable use of marijuana should consult with an attorney who is knowledgeable about changing state drug laws. This is true for persons in Colorado as well as many other states where sale of medical marijuana is allowed.

The state of marijuana laws in Colorado is complex and changing. If you are having any problems with running your marijuana dispensary or have questions about current drug laws, consult an attorney now to assure that you are not in violation of federal or state laws. When federal and state laws collide, the repercussions can be widespread and difficult to unravel.

Source

Los Angeles Times: "Colorado medical marijuana shops in federal crosshairs," Jan. 28, 2012

Sex crime charges out of Colorado Air Force Academy draw spotlight

2012-01-30T02:39:41Z

The matter of sex crimes in the military has attracted attention up the chain of command all the way to Defense Secretary Leon Panetta. In Colorado, several recent reported sexual assaults at the Air Force Academy resulted in three cadets being charged with abusive sexual assault, aggravated sexual assault and rape. All suspects have criminal defense attorney protection to preserve their rights to innocence until proven guilty and to obtain a fair trial.

Secretary Panetta says there were almost 3,200 sexual assaults reported last year in all the military, but that the actual number runs much higher, closer to 19,000. Few victims are willing to make the report of a crime, and some do not even understand that they have experienced a sexual assault because it was never clearly defined. Sex crimes in the military are nothing new, but are greatly underreported, due to conflicts of interest, fear of retaliation and fear of making the report.

]]> Nine years ago, a scandal at the Colorado school shocked the military. Since record-keeping began in 2003, the reports of sex crimes have jumped up and down annually, but numbers still are very low, from 33 last year to as few as 8 in previous years for the student population of about 4,600 students. Roughly 80 percent of Air Force Academy cadets are male.

For their part, the Pentagon has instituted new training programs for cadets and supervisors, and they have changed the way reports are handled to encourage trust. Supervisors no longer receive those reports, because there could be a conflict of interest or other problems due to their supervisory position. Anyone, cadet or civilian, suspected of a sex crime should have aggressive legal defense immediately.

When there are important developments in the Colorado sex crime cases, we will report an update.

Source

The Huffington Post: "No Simple Explanation In Air Force Academy Sex Crime Data," Dan Elliot, Jan. 22, 2012

Domestic violence may become a focus in women's medical visits

2012-01-26T19:09:50Z

Accusations of abuse are extremely serious. They can affect a person's freedom, family life and overall reputation in his community. Many people become the targets of false domestic violence allegations, and a charge will go far enough in the legal process to significantly affect the quality of the accused suspect's life for some time.

That's why when there is a story related to domestic violence that signifies an intensified focus on the matter, we feel it is important to share. For the most part, there is no doubt that medical professionals have the best interest of their patients' health at heart. And a recent call to action will make domestic violence screening a more consistent part of a routine visit.

]]> According to the Los Angeles Times, the American College of Obstetricians and Gynecologists is formally urging those working in that field to make screening for possible violence among patients a larger focus. If the professionals have reason to believe that abuse is taking place, they are encouraged to offer support and refer the patients to parties they believe could help them.

Obstetricians and gynecologists are the subjects of this request because they work most often with women who are in their reproductive years. Studies show that during those years, women tend to be victimized by intimate violence the most. The ACOG wants doctors and patients to begin feeling that conversations about violence are a normal, expected part of a medical visit.

How this change in a woman's visit to the doctor will affect the rate of domestic violence reports remains to be seen. What doesn't change is the need for those accused of abuse to rely on an aggressive defense attorney who can guide them through what can be a stressful, confusing, threatening process.

Source

Los Angeles Times: "OB-GYNs, neurologists call for domestic violence screening," Shari Roan, Jan. 25, 2012

Fight to legalize marijuana continues in Colorado, part 2

2012-01-24T16:58:41Z

In our previous post, we shared that there is at least one attempt to decriminalize marijuana that will likely wind up on the Colorado ballot this year. But we also mentioned that there would possibly be another legal option on the ballot. It looks like the legalization of marijuana in the state is on the minds of many; thus the multiple related proposals.

As we said in the past post, the first proposal basically calls for the system to treat marijuana like alcohol. Those 21 and over could buy and use the drug, as long as they have no more than on ounce on them at a time. That proposal, therefore, has regulations attached to it. The other proposal would put fewer limitations on the drug.

]]> The Associated Press reports that the newer proposal in the process of trying to gain support would involve the following:

There would be no age limit regarding who can use the drug
There would be no limit on the amount of marijuana that a person could have in their possession
There would be no indirect tax related to the sale of the drug

Based on the above points, it does sound like this proposal is a direct response to the first proposal, which sets an age limit, amount limit and tax plans. This more recent proposal certainly would change the scope of marijuana laws. Being that the first proposal already worries critics of decriminalization, this second proposal could have a difficult time finding widespread approval.

Those behind this second proposal are still in the process of collecting signatures in support of the measure. They will need more than 86,000 signatures (that are valid) in order for the proposal to possibly appear on the Colorado ballot.

Source

The Associated Press: "Colorado voters might see competing marijuana regulation proposals on ballot," Kristen Wyatt, Jan. 18, 2012

Fight to legalize marijuana continues in Colorado, part 1

2012-01-20T20:44:04Z

It's only January, but there are already at least two attempts within the state related to legalizing marijuana use in Colorado. In this post, we will discuss one legislative effort to give Coloradans more freedom to use marijuana without facing drug charges. An upcoming post will discuss a different bill with a similar goal but different details.

The first proposal that will likely be put up for vote on Colorado's November ballot is called the "Colorado Initiative to Regulate Marijuana Like Alcohol." Its title might not be extremely catchy, but it does capture the basic goal of the bill.

]]> In order for a proposal to come to a vote, its sponsors must collect a significant amount of signatures in support of the measure. Sources report that more than 86,000 valid signatures are necessary for the proposal to move forward. As of early this month, about 160,000 signatures had been collected. That bodes well for the proposal, at least with regards to it making it on the ballot.

But what changes to marijuana laws does this proposal set out to make? The basic legal limit it aims to set is that adults who are 21 and over would not be charged with a crime for the possession of one ounce or less of marijuana. The drug could be sold within the state, but taxes made off of marijuana would go toward a positive cause, public schools.

The proposal keeps it a crime for someone to drive under the influence of the drug. Essentially, supporters of this bill see marijuana as similar to alcohol. Adults can responsibly use alcohol. When they don't and, for example, they drive while drunk, the system has every right and responsibility to pursue criminal charges.

Of course, while there is widespread support for this proposal in Colorado, it has its passionate opponents as well. Critics worry that decriminalization will support a rise in drug addiction and teen drug use in the state.

A source calls Colorado the "epicenter of the legalization campaign in the country." Supporters of legalization in the state take pride in the fact that the rest of the country can look to Colorado for inspiration to pursue changes in drug laws.

But even if this proposal were approved, there is still the issue of the federal laws against marijuana. They have complicated and could likely continue to complicate Colorado's attempted steps toward decriminalizing marijuana use.

Our next post will discuss a different Colorado proposal regarding marijuana laws.

Source

9News.com: "Marijuana legalization supporters trying to get on Nov. ballot," Chris Vanderveen, Jan. 4, 2012

Federal immigration database change inspired by sex assault case

2012-01-18T20:21:49Z

It isn't just Colorado that takes sex crime allegations extremely seriously; the U.S. as a country leaves little room for sex assault suspects to come out of a criminal case with any privacy or integrity intact. Sex crimes are so widely stigmatized across the country that it's not uncommon for an individual case to effect national change.

An out-of-state rape case, for example, has sparked a national upgrade to a database headed by U.S. Immigration and Customs Enforcement, called INDENT. The database is meant to keep track of immigrants who have been deported out of the country. Now, officials will be putting effort and lots of money toward storing the fingerprints of the deported immigrants in the database.

]]> But why the recent increase in attention on this issue? As we mention above, a sexual assault case moved officials to better track the fingerprints.

According to The Washington Post, an immigrant from El Salvador committed a sex crime while he was in this country illegally. What really irked officials is that the suspect had already been deported from the country at the time when he was arrested for the rape charge. He reportedly returned illegally, was arrested for a minor charge but was not deported after that because the INDENT system didn't notify authorities of the immigrant's status. A month after that minor arrest, the same man was arrested for the sex crime that he was later convicted with.

Sources report that $5 million will go into the enhanced use of the INDENT system, including putting the manual prints of deported immigrants into digitized form within the federal database. This will potentially result in more swift action taken against immigrants who are here illegally. Officials also believe that the change will prevent illegal immigrants from committing crimes in the country.

Source

The Washington Post: "Fairfax County rape case leads to national database upgrade," Tom Jackman, Jan. 17, 2012

Plea deal frees Colorado suspect from DUI charge

2012-01-13T15:58:24Z

The legal process can be complicated and daunting. That is why someone who is charged with a crime needs to have a straightforward, aggressive criminal defense attorney whom he knows has his best interests at heart. A defendant's best interests can be served through various routes, depending on a specific case and set of circumstances.

Sometimes, agreeing to a plea deal when faced with criminal charges can be the wisest, safest option. There are other times, however, when a defendant and his attorney want to fight to prove innocence in a trial, when they believe that the plea deal unnecessarily compromises the defendant's freedom and future. In a Colorado hit-and-run case, the defendant and his attorney decided that a plea deal was a good idea.

]]> According to The Colorado Springs Gazette, a 44-year-old bicyclist was killed in a hit-and-run accident in Colorado last year. Authorities identified the driver behind the crash and pursued the hit-and-run charge, along with DUI and tampering with evidence charges. But the prosecution reportedly recognized that it didn't have enough to prove that the 50-year-old defendant's blood alcohol content was over the legal limit at the time of crash.

When faced with that reality, the prosecution and defense worked together and agreed that the DUI and evidence tampering charges would be dropped if the defendant would just plead guilty to the hit-and-run accident. He and his attorney agreed, and the defendant will serve eight years following that plea deal, as well as five years of probation upon release.

Again, it is important to stress that a plea deal is a strategy that must be considered thoroughly and honestly with a trusted criminal defense attorney. It's possible that this defendant was more apt to accept a plea deal involving the dropped DUI charge because he already has two DUIs in his past.

Source

The Colorado Springs Gazette: "Driver gets 8-year sentence in cyclist's death," Lance Benzel, Jan. 9, 2012

Sex assault claim isn't a conviction or reason to attack suspect

2012-01-09T19:54:30Z

It's not surprising that a parent would become emotional if they believed that their child were a victim of sexual assault. However, there are laws for a reason. They are meant to protect people's safety and the overall good of the community. If everyone were treated by society as a convicted criminal simply after being accused of a crime, a lot of us would be in trouble.

One mother in Colorado reportedly made trouble for at least one man when she attacked an apartment complex with gunfire. She believed that she was seeking vengeance for abuse that her son allegedly has faced at the hands of the apartment's dweller. But what she did not only needlessly injured an innocent person; but it is against the law.

]]> According to a Denver report, the mother is 25 years old and facing the idea that her young son might be a victim of sex assault. His grandmother reported to police on Christmas that she believed the boy was a victim of the crime. She identified the supposed offender, though it is early in the investigation and the suspect was still going about his life in his apartment four days after the report was made. It sounds, however, like he might have been safer in the custody of officials.

The mother of the alleged child victim is accused of finding the suspect's apartment and shooting multiple gunshots through his window. She was aiming for the suspect but ended up shooting a guest in his apartment instead. That victim is reportedly in critical condition as a result of the attack.

Now, not only are Colorado officials dealing with a sex assault on a child case, but they have a case of attempted first-degree murder and first-degree assault on their hands with regards to the child's mother. The outcome of her assault could have been worse, as a total of 27 bullets were fired and three other apartments in the building were hit by the gunfire.

Again, the feelings that a parent might feel if she believes her child has been abused are unimaginable. But the sex crime suspect deserves a fair trial and then the legal sentencing that would come from a potential conviction if there is sufficient evidence against him.

Anyone could be accused of a crime. A person shouldn't have to worry that a mere allegation could mean their safety is at risk before a trial has even taken place.

Source

abc 7 News: "Mom: I Shot Apt. Of Man Who Sexually Assaulted My Child," Wayne Harrison, Jan. 5, 2012

Would reclassifying marijuana for medical use help control it?

2012-01-06T15:10:54Z

Marijuana is one of the first "controlled substance" drugs that children and others are warned about, and it is often glorified through various "party" movies. However, for many people marijuana isn't just for fun. It is used for medicinal purposes in many states and many swear by its ability to reduce pain.

Still, the U.S. Drug Enforcement Administration (D.E.A.) classifies marijuana as a Schedule 1 drug along with such substances as heroin. Colorado legislators are asking to change this by giving medical marijuana a Schedule 2 designation. If this is agreed to, doctors will be able to prescribe marijuana to their patients and it will be able to be distributed by pharmacies.

]]> While some are concerned that giving medical marijuana a Schedule 2 classification will increase recreational use and misuse of marijuana, the bigger issue may be that those who are legitimate candidates are already suffering from painful conditions and must jump through unnecessary hoops to get the treatment they need. In many states doctors can "recommend" medical marijuana which means it must be obtained through regulated dispensaries or grown by the patient. In many cases, otherwise law abiding citizens may feel pressured into obtaining marijuana illegally in order to treat their condition.

Proponents of reclassifying marijuana to allow doctors to prescribe it and let it be distributed in pharmacies disagree that the classification would cause misuse. In fact, they claim the opposite is true, and that regulating it in a way akin to prescription painkillers would assure proper tracking as well as the better quality of the substance. Chances are marijuana is something recreational users will always be able to find, but that doesn't negate the real medicinal value it has been shown to have.

Source

Associated Press: "Colorado becomes third state to ask DEA to reclassify pot," Kristen Wyatt, Dec. 28, 2011

Former Denver officer believes DUI punishment was too severe

2012-01-04T15:47:38Z

There is no doubt that a drunk driving conviction can mean significant life consequences for a person. And that is true no matter who the supposed offender is, even if he is a police officer. It takes aggressive representation by a criminal defense attorney for a defendant to have a better shot at regaining his normal life back after a DUI arrest.

In June of 2010, a Denver police officer was reportedly driving by the airport when a fellow law enforcement officer found reason to chase and pull him over. The officer was allegedly speeding, and when the situation was investigated further, the other trooper found cause to arrest the driver for driving under the influence of alcohol.

]]> Some more cynical folks might think that an officer of the law is allowed to get away with more than the average citizen. But in this case, the arrested officer wound up being convicted of driving while impaired and reckless driving. He pleaded guilty to the charges but was surprised to face what he believes is too harsh of a consequence for his behavior.

The Denver officer lost his job on the force, and he is fighting back in order to regain his position. With the support of the Denver Police Protective Association's lawyers, the ex-officer is appealing the Denver Civil Service Commission's decision to discharge him from the force. He argues that the loss of his job is an "excessive" consequence that seeks to punish rather than correct behavior.

The DCSC is backing up its decision, emphasizing that the officer wasn't just driving while over the legal limit, but he was speeding at an excessive level. He was driving more than 80 MPH over the speed limit. The commission believes the behavior shows a lack of "Department values."

How this particular scenario will play out is for the future to tell. What this matter does highlight is just how serious a drunk driving or reckless driving conviction can be. A person's finances, freedom and career can be on the line following an arrest, which is why it's crucial to rely on a criminal defense lawyer with a reputation of excellence.

Source

San Jose Mercury News: "Denver cop fired for driving 143 mph while drunk wants his job back," Tom McGhee, Dec. 29, 2011

Denver offers options to celebrate 2012 DUI-free

2011-12-30T20:33:24Z

With other big holidays behind us, there is still one big celebration left this year. New Year's Eve is on Saturday, and the night will be sure to bring out the party animal in many of us. The city is offering some helpful transportation options for those out there who want to avoid being pulled over for drunk driving. That sort of scenario would not be a fun way to ring in the New Year.

So bring on the party hats, sparkly outfits, champagne and midnight kisses, and save yourself from becoming one of what is reportedly already a high number of Colorado DUI suspects for this holiday season. Denver sources report that more than 1,300 people have been arrested for DUI in Colorado since law enforcement crackdowns began around Thanksgiving.

]]> Of course, with New Year's that number of DUI arrestees is likely to go up. This upcoming holiday celebration is notorious for officers out on the roads, looking for intoxicated drivers. If you are planning to drink, however, there are local ways to get around town without even getting behind the wheel.

The Colorado Department of Transportation is working with MillerCoors to coordinate transportation options for those party animals out there who want to avoid a DUI interrogation altogether. For Denver partiers, they can simply call 1-800-TAXICAB in order to find a cab company near them. MillerCoors and RTD are also reportedly providing free transit rides through Denver's metro area in order to make the night of fun easier on residents who want to get around.

Of course, there will still be those who do drive and get pulled over for suspicion of DUI. A DUI suspect must consent to a breath test or else he will get his license suspended. However, a drunk driving arrest is not automatic doom. An aggressive criminal defense attorney who is experienced in challenging the facts of a DUI arrest can be helpful by mitigating the seriousness of a charge.

Source

9News.com: "Denver ready to ring in the new year," Blair Shiff, Dec. 30, 2011

Child porn charges could be dismissed against Colorado man

2011-12-27T19:42:14Z

There are set standards within the legal process. Those standards help to ensure that criminal cases are handled with equal care. They help provide a criminal suspect the best chance at defending his name. The set process helps give defense attorneys and prosecutors equal chance at building a case for or against a defendant.

When those standards are not met and the process doesn't play out like it is meant to, injustice could be right around the corner. That is why it's important for justice advocates to look out for process violations that could be putting a defendant at risk of going through an unfair trial. One defendant facing Colorado child pornography charges is currently at risk, at least according to his defense attorney.

]]> The defendant is a police sergeant in Colorado who is in the midst of an extremely serious legal matter. After a 2010 arrest, he was charged with more than 100 counts of child pornography. But based on investigators' and prosecutors' supposed violations of the legal process, the defense attorney has requested that a judge take action.

The action could mean giving the defense more time in building its case. It claims that prosecutors have not shared important evidence with the defense, including the computers involved in the child porn allegations. If the judge believes that the process violations were indeed extreme, she could go so far as to dismiss the criminal charges in the case. Charges supported by a negligent legal process shouldn't stand in court.

When there is a development in this matter, we will post an update. Lax prosecution work is related to more than just this sex crime case; it's a matter of justice for all facing criminal charges in the area.

Source

Colorado Springs Gazette: "Child porn case against cop in jeopardy due to evidence delay," Lance Benzel, Dec. 23, 2011

Denver auditor criticizes red light and speeding cameras

2011-12-21T21:36:17Z

Since 2002, some sort of speeding and red light camera program has been going on in parts of Colorado. The cameras are meant to help law enforcement catch people speeding or running red lights and, therefore, improve traffic safety. While Colorado residents and criminal defense attorneys have spoken out against the cameras for a while, a new critic of the programs has come forward.

Denver, Colorado's city auditor has reportedly conducted a study into the law enforcement cameras. He is less than impressed with what the tools have actually done for the community. His research suggests what many critics already suspect: the cameras aren't creating safer roads, but they are making money for the city.

]]> According to the auditor's reports, the cameras brought in an estimated $3.6 million in 2010. That's a lot of money in traffic tickets. With the expanded use of the cameras, it's estimated that the city will rake in even more by the end of this year, about $7 million.

With millions of dollars worth of drivers' traffic tickets going to the city, one might hope that the cameras are at least creating safer roads. But the auditor's report doesn't come up with any solid evidence that the speeding or red light cameras do make safer roadways. For example, three out of four intersections where red light cameras are used already were having fewer incidents of accidents before cameras were even placed there.

Denver's strategy with the cameras has gotten extremely strict, too. Many of the tickets issued are issued to drivers who don't even run a red light. They might just be a mere few inches in front of a stop line, which is enough for them to get a traffic ticket, and apparently enough to bump the city's revenues this year.

The use of red light and speeding cameras obviously remains a point of contention for the state. If you get a traffic ticket and have any doubts regarding your responsibility for it, you should contact a criminal defense attorney with experience handling traffic violations.

Source

Thenewspaper.com: "Colorado: Auditor Blasts Denver Photo Ticketing Program," Dec. 20, 2011

Colorado marijuana dispensaries fight battle for their businesses

2011-12-18T19:26:27Z

Colorado is on the frontline of the battle to make the legalization of medical marijuana work. While medical marijuana is legal in the state, its legalization hasn't made the road for patients and those who distribute their medication an easy one. The fight continues for marijuana growers and dispensary owners to feel as mere business owners instead of drug criminals in Colorado.

A CNBC report followed a specific Fort Collins marijuana dispensary business and the struggles it faces. While there are many medical marijuana supporters in Colorado, there are still the many who have extreme fears about what legalizing medical marijuana could mean for the state. That makes running a dispensary business difficult.

]]> Though it would seem like the legalization of medical marijuana in the state would clear the way for users and business owners to use and distribute the drug, confusion remains regarding the legality of the drug. The federal government has led to local officials questioning state laws of legalization.

But those local officials have personal reasons for challenging the state's legalization as well, and the situation in Fort Collins is a prime example of that. The Larimer County Sherriff, along with the support of other marijuana opponents, pushed hard enough to arrange a special election regarding the city's laws about medical marijuana. In November, the special election resulted in residents voting against the legalization of further commercial dispensaries in the city.

The owner of a Fort Collins dispensary disagrees with the way opponents approached the recent vote against commercial dispensaries in the city. He stresses that he is not a criminal. He's a hard worker who sees dispensary work as an exciting way to help people in his community. He insists that he's gone the extra mile to comply with the extensive rules set by the Colorado Medical Marijuana Enforcement Division.

Fortunately for his business, it will get grandfathered into the city's old laws. Any potential new dispensary owners, however, are seemingly out of luck at this point.

Colorado marijuana laws are confusing. They are consistently changing, which can lead to misunderstandings and criminal charges. Don't hesitate to work with a knowledgeable, aggressive criminal defense attorney if you are facing or worried about facing drug charges.

Source

CNBC: "Pot Shop Owners: We're Not Criminals," John Moore, Dec. 14, 2011

Denver 'role model's' work at risk due to sex abuse charge

2011-12-14T23:59:57Z

His story is one of the American dream. A now 34-year-old accomplished athlete, coach and counselor came here as an immigrant. He brought his hopes and passions to Colorado, proving himself as an All-American athlete at the University of Colorado and a guiding light to students at a local high school.

But the positive trajectory in this man's life has been at the very least paused by an incredibly serious criminal allegation. Sources report that the once-revered Denver resident has been charged with one count of sexual assault on a child by a person in a position of trust. One cannot face such an allegation without trying to aggressively defend himself.

]]> The details of the criminal allegation are being kept private. When a supposed victim of this sort of crime is a child, this is common practice. But as we have seen in past and recent cases involving child victims of reported sexual abuse, even a lack of details or a conviction can greatly impact the accused person's life.

The man who faces the sex assault charge has a history in his life and within this community of affecting positive change. He is the first in his family to graduate high school (even though he didn't speak English when he got to Denver), was a star athlete at his high school and, as an adult, put his talents toward helping other students.

Before he was arrested on Tuesday for the criminal charge, he had been working in a high school as a coach and counselor to the kids. Last year, he was reportedly honored for his teaching in the district. As of yesterday, he is in quite a different position: still in custody of Denver authorities.

This sex crime case is sure to remain in Denver's spotlight because of the seriousness of the allegation and because of the defendant's otherwise positive reputation. We will post an update as we learn of new developments in the case.

Source

9news.com: "'Positive role model' at Lincoln High School accused of sex assault," Jeffrey Wolf and Eric Kahnert, Dec. 13, 2011