Criminal Defense
Colorado Tightens Gun Laws
The “Red Flag” Law
In 2019, Colorado created a “red flag” law. This law allowed a family member or a law enforcement officer to petition a judge to order the temporary seizure of firearms from people found to be a significant risk to themselves or others. This past session, the Governor signed Senate Bill 170 into law. This law expands who can petition the court for firearm removal to include, in addition to family and law enforcement, health care providers, district attorneys, and teachers.
Conspiracy to Commit a Crime Explained
Being charged with conspiracy to commit a crime can result in significant penalties, including fines and prison time. Even if a person’s role in the crime is small, they can suffer serious consequences.
Explaining “Self-Defense” Legal Defenses
“Self-defense” is what is termed an “affirmative defense.” This means that you are admitting that you committed the alleged act, but it was justified because it was in self-defense. As an example, walking down the street with a friend, you are approached by a third person who asks you for money. You walk away, telling them to leave you alone. The third person chases after you and appears to have a weapon.
“Trespassing” on Private Property: Is It Ever Justified?
Trespassing is an umbrella term that covers a range of actions – from walking on a riverbank through private land when fishing, to entering a home with the intent to commit a violent crime. Colorado has three degrees of criminal trespassing charges.
Colorado Search and Seizure Law
Both the federal Constitution and the Colorado Constitution protect citizens against law enforcement unlawfully searching and seizing property. While substantially similar, the Colorado Constitution is slightly more specific than the federal Constitution. The Constitution of the State of Colorado specifically provides:
The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing. Colo. Const. Art. II, Section 7.
Colorado Laws Regarding “Leaving the Scene of an Accident”
What Is Required of a Driver After an Accident?
Colorado requires drivers involved in auto collisions to perform certain tasks immediately after an accident. A driver who doesn’t comply with the statutory requirements can get charged with a range of offenses, some of which can be serious.
When Can You Point a Firearm at Someone?
More citizens in the United States own firearms than in any other country in the world. Most gun owners in our country own firearms for either sport or self-defense. When faced with a perceived threat of harm, people will sometimes display a firearm or flash it at the person presenting the threat. However, flashing a firearm in the wrong circumstance can result in criminal charges. It’s important to understand the laws outlining when you can and cannot display or flash a firearm. This post will explore two criminal statutes about this; C.R.S. 18-3-206 (Menacing) and C.R.S. 18-9-106 (Disorderly Conduct).
TSA Finds More Guns at Denver International Airport Checkpoints Than Ever Before
In 2021, TSA officers recovered 156 firearms at DIA checkpoints, a new record. Denver ranked seventh in the nation for recovered firearms according to the TSA. When the new statistics were released, TSA spokesman David Pekoske stated that he believed, “What we see in our checkpoints really reflects what we’re seeing in society, and in society, there are more people carrying firearms nowadays.”
This doesn’t mean there are more people intentionally trying to bring a firearm on a plane, but it does give authorities concern. Any gun on a plane in the hands of the wrong person can be dangerous for everyone on board.
Defending Against Trespass Charges in a Criminal Case
The term “trespass” is defined as “knowingly entering another owner’s property or land without permission, which encroaches on the owner’s privacy or property interests,” according to Cornell Law School Legal Information Institute (LII). Under Colorado law, there are three different degrees of criminal trespass, with widely ranging severity of penalties. Each degree of criminal trespass has its own definition.
Is It Arson in CO If You Started the Fire Accidentally?
Arson is one of the most serious property crimes. It causes billions of dollars in property damage and thousands of people die in fires every year. There is no statute of limitations for arson, and conviction for felony arson carries severe penalties. If convicted of felony arson, you will be facing strict fines and years behind bars.