Colorado Springs Criminal Defense Blog

How an Arrest Warrant Works in Colorado

By Timothy Bussey on April 11, 2022

In Colorado, police have the right to arrest a person and bring them into custody after an arrest warrant has been issued by a judge, magistrate, or grand jury. Once a warrant has been issued, it generally remains in effect until the suspect is placed under arrest, they appear in court, or it gets cancelled.

Posted in: Criminal Defense

Boating Under the Influence in Colorado

By Timothy Bussey on March 23, 2022

People in Colorado love to get outside. And with over 4,000 lakes and reservoirs, it’s a great place for boating. But boating can be dangerous. That’s why it’s essential to follow safety precautions.

According to the U.S. Coast Guard, alcohol is the leading contributory factor in boating fatalities. That’s why the state of Colorado is serious about enforcing boating under the influence (BUI) laws.

New Heights Scholarship 2022

By Timothy Bussey on February 28, 2022

At The Bussey Law Firm, P.C., we believe in giving back to the country that has done so much to help us succeed. That’s why we’re providing our $1000 New Heights Scholarship to a deserving student. It’s open to college students and high school seniors anywhere in the United States.

Posted in: Firm News

DUI Prevention Technology Required for All New Cars Starting in 2026

By Timothy Bussey on February 19, 2022

The Infrastructure Investment and Jobs Act was signed into law by President Biden on November 15, 2021. This federal law requires that advanced drunk and impaired driving prevention technology be installed as standard equipment in all new vehicles in the U.S., possibly as early as 2026. This is the Biden administration’s solution to rising drunk driving fatalities in recent years.

Posted in: DUI Defense

Charged with Growing Too Many Marijuana Plants in Colorado?

By Timothy Bussey on February 11, 2022

If you are age 21 or older, you can grow marijuana for personal use in your home under Colorado state law. The maximum number of plants you are allowed to grow is six per adult in the residence, with no more than three plants flowering at one time. If you have too many marijuana plants, you can be charged with a drug crime, punishable by imprisonment and fines. Cultivation of more than six but not more than 30 plants is a level 3 felony that carries possible penalties of six months to two years in prison and a fine of $1,000 to $100,000.

Posted in: Drug Crimes

The Bussey Law Firm PC Wins Colorado Supreme Court “Make My Day Case”

By Timothy Bussey on January 12, 2022

Patrick Rau and his girlfriend rented a second-floor apartment in an old 19th century Victorian home that had been converted into seven apartments. Early in the morning on January 19, 2017, Mr. Rau’s girlfriend noticed that the door to the basement was open. She told Mr. Rau that she suspected that someone had broken into the basement.

Posted in: Criminal Defense

CO Led the U.S. With the #1 Property Crime Increase Between 2011 and 2020

By Timothy Bussey on January 4, 2022

Colorado led the nation in increased property crime rates from 2010 to 2020, according to a recent report from the Common Sense Institute (CSI). The motor vehicle theft rate in our state more than doubled in this 10-year period. Annual costs associated with crime in Colorado in 2020 totaled $8.5 billion. While the national property crime rate decreased by 8% during the first year of the global pandemic, property crime in Colorado increased by 8%.

Posted in: Criminal Defense

The Problem with Eyewitness Testimony

By Timothy Bussey on December 17, 2021

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.

Posted in: Criminal Defense

Colorado Supreme Court Ends Lifetime Sex Offender Requirement for Twice-Convicted Minors

By Timothy Bussey on December 10, 2021

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.

Posted in: Sex Crimes

Fighting a Colorado Criminal Arrest Warrant Based on a Faulty Veracity Affidavit

By Timothy Bussey on December 3, 2021

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.

Posted in: Criminal Defense

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