Colorado Springs Criminal Defense Blog
What Are Your Miranda Rights?
Most of us have heard the Miranda Rights mentioned in TV shows and movies. They are often rattled off when the bad guy is finally caught and arrested at the end of the episode. However, few people know why officers are required to spout the Miranda Warning, let alone know what the Miranda rights actually are.
Well, the truth is that knowing your Miranda Rights could mean the difference between years behind bars and being allowed to walk free.
The Consequences of Felony Charges
The word “felon” is often tossed around when talking about convicted criminals and the American prison complex. However, being convicted of a felony charge means so much more than many people may realize. Not only do you have to face a lengthy prison charge, but when you are finally released, your ability to live an average life will be greatly impacted by the loss of rights that all people convicted of a felony experience.
Schedule I and II Drugs No Longer Carry Felony Charges in CO
A new Colorado law went into effect at the beginning of March 2020. House Bill 19-1263, which was signed into law by the governor in May 2019, essentially defelonizes the possession of small amounts of Schedule I and II substances, such as cocaine, heroin, and fentanyl. Under the new law, if you are caught in possession of a small amount of these drugs, you will be charged with a misdemeanor rather than a felony.
Drug Classification: What You Should Know
In the 1970’s, our government declared war on drugs. In an effort to end drug addictions and keep Americans happy and healthy, the Controlled Substances Act (CSA) was signed into law. The law laid out a new labeling system for drugs, as well as what penalties users and distributors should face. This system sorts drugs by how addictive they are and how useful they are medically into different “schedules.” The highest labeled is Schedule I, where the most dangerous and addictive drugs are sorted, and the lowest is Schedule V.
The CSA is subject to state laws, however. Some states have chosen to modify the system, changing where certain drugs are placed, as well as what punishments those found in possession of or selling the drugs should be given. Other states, however, stick to what the federal government laid out in the 1970’s.
Do You Know the Difference Between Theft and Robbery?
Theft and robbery seem like interchangeable terms. They both mean that something was stolen, right? Well, technically, yes. But that doesn’t mean a charge of theft and a charge of robbery are the same thing. In the eyes of the law, the two crimes are distinct. Both have their own legal definitions, penalties, and ramifications.
The Bussey Law Firm, P.C. Helps Set Historic Precedent for the Make My Day Law
A home intruder is everyone’s worst nightmare. The home is where we feel the safest, where we can relax, knowing that we are protected by four strong walls and a locked door. But an intruder can shatter that sense of safety in a heartbeat. This is why the right to defend your home, otherwise known as the “Make My Day” law, is such an important one in Colorado.
In the state of Colorado, everyone has the right to use deadly force against an unlawful intruder who intends to commit a crime, as written in 18-1-704.5, C.R.S. So, when our client, Mr. Rau, went into his basement only to find an aggressive intruder, he shot and killed the intruder, exercising his right to defend his home.
Deregistration from the Sex Offender Registry
Are you required to register with the sex offender registry? Chances are you have experienced negative consequences as a result. Registration requires the registrant to provide a lot of personal details. Because the registry is open to the public, anyone has access to this personal information. This opens up the potential for discrimination, threats, and unwanted bias. Getting court approval to deregister can have a positive impact on a person’s ability to obtain employment, find housing, and reduce emotional distress.
DUI and DMV Revocations in Colorado: Know Your Rights
Being charged with a DUI can be a challenge. In Colorado, it can be more daunting than in most other states. Dealing with the criminal charge is just one part of the process. If you are charged with DUI, you will have to fight your case in court, but you will also have to fight the Colorado Department of Revenue to retain your license. Often, losing your license can cause you more problems than the outcome of the criminal case. This is a separate process apart from the criminal prosecution. This article focuses on the DMV aspect of a DUI charge.
What Exactly Is a White Collar Crime?
A white collar crime is a nonviolent crime committed for financial gain. According to the FBI, white collar crimes are characterized by concealment, deceit, or violation of trust. The motivation for this type of crime is to obtain a personal or business advantage, or to obtain or avoid losing money, property, or services.
Probable Cause vs. Reasonable Suspicion: What’s the Difference?
Probable cause and reasonable suspicion are two similar sounding concepts, but they are applied in very different ways. Both are used by law enforcement officers as a determining factor in whether to detain a suspect for questioning, arrest someone, or search and seize evidence. The U.S. Supreme Court set the standards for reasonable suspicion and probable cause. Although they are similar in some ways, there are key differences between these two concepts.