Colorado Springs Criminal Defense Blog
No one is prepared to be arrested. Most of us grow up assuming that we will never be on the wrong side of the law. After all, if you never break a law to begin with, how could be possibly be arrested? Sadly, police officers can make mistakes, and false allegations can be made. Even if you know that you are a law-abiding citizen, it is very possible you will be facing an arrest one day, and knowing what will happen can help you avoid getting into deeper trouble. Read the rest »
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. Read the rest »
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. Read the rest »
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. Read the rest »
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. Read the rest »
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. Read the rest »
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. Read the rest »
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. Read the rest »
A ghost gun may sound like it belongs in a fantasy or mystery novel, but the term refers to a handmade gun that has no serial number. In the new age of online shopping and 3D printers, ghost guns have become incredibly prevalent. They are easy to make, and it is increasingly common for people to order parts online and construct custom guns themselves. It’s now also possible to 3D print a gun, for which blueprints are readily available online.
Because ghost guns do not require jumping through any legal hoops, people have been turning to the DIY gun scene more and more. However, there is an important question on the legality of ghost guns and whether you are allowed to possess one in Colorado. Read the rest »
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. Read the rest »