Colorado Springs Criminal Defense Blog
The Problem with Eyewitness Testimony
An eyewitness is someone who was present at the scene of a crime who gives testimony about what occurred. They are sworn to tell the truth and generally have credibility with the jury. The problem is that eyewitnesses don’t always get it right. An experienced Colorado Springs criminal defense attorney may have grounds to challenge an identification made by an eyewitness.
Colorado Supreme Court Ends Lifetime Sex Offender Requirement for Twice-Convicted Minors
In a recent ruling, the Colorado Supreme Court ended lifetime sex offender registration for twice-convicted minors. In People in the Interest of T.B., the Court assessed the constitutionality of this sex offender registration requirement under the Colorado Sex Offender Registration Act and found that it constitutes cruel and unusual punishment. The Court stated that this requirement violates the Eighth Amendment.
Fighting a Colorado Criminal Arrest Warrant Based on a Faulty Veracity Affidavit
Under the Fourth Amendment to the U.S. Constitution, a warrant cannot be issued without probable cause. Probable cause means reasonable grounds for a search and seizure or pressing charges. An affidavit of probable cause is a sworn statement, usually made by law enforcement, which provides factual justification for why a judge should issue an arrest warrant or a search warrant. It may also provide factual confirmation that a person in custody was arrested based on solid evidence during a crime in progress, and that the person being held is likely to have committed the crime. If the judge is convinced by the affidavits that there is probable cause to believe a crime has been committed and that the defendant committed it, an arrest warrant or search warrant is issued.
Fighting a Wrongful DUI Charge in Colorado
A completely sober person driving a vehicle can still be arrested for DUI in Colorado. False or wrongful DUI arrests are not uncommon. Police have the authority to arrest someone who is driving under the influence of alcohol or drugs. They do not have the right to wrongfully charge a driver without a valid reason.
How Is a DUI/DWI in a School Zone Charged in Colorado?
Driving under the influence of alcohol or drugs is a serious offense under any circumstances. This crime is treated even more harshly under the law when it occurs in a school zone. DUI in a school zone means harsher penalties upon conviction. Colorado law states that any person who commits a moving traffic violation in a school zone is subject to increased penalties, at CO Rev Stat § 42-4-615. Penalties for DUI are severe, even when it does not occur in a school zone. They may include up to a year in jail, fines of up to $1,000, up to 96 hours of community service, and driver’s license suspension for up to nine months.
How to Avoid a DUI During the Super Bowl in Colorado
Football season is a time for tailgating. Many fans are celebrating with friends, food, and drink, particularly during the Super Bowl. Tailgating and Super Bowl parties are an important part of American culture, but no party is worth a DUI arrest.
Timothy Bussey Discusses DUI Case on FOX21
Breaking Down the Third DUI Arrest of Pueblo County Sheriff’s Deputy
Attorney Timothy Bussey appeared on local news affiliate FOX21 to explain charges facing a Pueblo County Sheriff’s Deputy after a third DUI arrest. The deputy faces two charges, careless driving and driving under the influence, after his latest arrest this past June in Huerfano County. While Mr. Bussey is not personally handling the case, he took time to explain the Colorado DUI laws at play.
What You Should Know If You Have Been Charged with Insurance Fraud in Colorado
Colorado Revised Statute 18-5-211 makes it illegal to commit insurance fraud in Colorado. The statute outlines five ways a person can commit insurance fraud.
How a Lab Error Can Lead to a DUI Conviction
Law enforcement uses crime lab evidence to get DUI convictions. Breathalyzer and blood testing are designed to prove the defendant was over the legal blood alcohol concentration (BAC) limit while driving. But crime labs can make errors that can lead to a false positive. In that case, an experienced Colorado Springs DUI attorney can help defend you against a conviction.
Does Self-Defense Apply in Domestic Violence Cases?
In Colorado, if law enforcement is called out to a domestic incident, they are required to arrest someone. While you may honestly have acted in self-defense, you may find yourself arrested, taken to the police station, booked, and in jail until you post bond – just the start of some grave consequences.