Colorado Springs Criminal Defense Blog
Using Your Constitutional Rights: Protection During a Colorado Trial
This is the second part of a two-part blog series on your Constitutional rights as a Colorado citizen accused of a crime. Your rights during an arrest can be seen in the first part of the series.
Trials are complicated matters. Without fully knowing your rights, you may take actions that harm your case. As such, having complete knowledge of how the U.S. Constitution aids you and protects you throughout a trial.
Protecting Yourself During a Trial
Most people know that the U.S. Constitution provides that all defendants are innocent until proven guilty. However, there are many other rights that protect you as you fight back against charges from the prosecution. Knowing these can help you stay protected and have the best chances at success.
Using Your Constitutional Rights: Protection During Arrest in Colorado
This is the first part of a two-part blog series on Constitutional rights and your legal avenues as a Colorado citizen accused of a crime.
If you have been arrested in Colorado Springs, you may feel as if your rights have been taken away from you. It is important to remain calm and remember that you are innocent until proven guilty. Not only that, but the U.S. Constitution provides you with many different rights in the event that you are accused of a crime.
Rights in the Event of an Arrest
Being aware of your legal rights can go a long way in protecting you from manipulative or deceptive statements or actions by law enforcement or the prosecution. Here are a few protections for persons accused of a crime as afforded by the U.S. Constitution:
Colorado Springs Man Arrested on Suspicion of Sexual Assault
A 36-year-old man has been arrested on suspicion of having sex with an underage girl. According to a KKTV news report, Colorado Springs police say he was engaged in a sexual relationship with a girl less than half his age since the summer of 2012. The alleged victim is 18 now, but she was 17 when the alleged relationship began. The age of consent in Colorado is 17, but according to the Colorado Springs Police Department, the man “was in a position of trust over the victim.”
The age-of-consent laws in Colorado are complicated and confusing. Colorado is one of nine states that have a legal age of consent of 17. This means that under some circumstances, a 17-year-old can consent to sexual activity with someone over the age of 18. A 17-year-old cannot, however, legally consent to a person who is in a position of trust. This means that a 17-year-old Colorado resident cannot legally consent to a relationship with any person:
Three Arrested in Colorado Springs Drug Bust
A man and two women have been arrested on suspicion of drug distribution in Colorado Springs. According to a news report in The Gazette, Colorado Springs police arrested the trio at the Sun Springs Motel on South Nevada Avenue. The arrest occurred after an undercover investigation led officers to the motel where drugs were allegedly being distributed. During the execution of a search warrant, police seized 31 grams of heroin, a gram of cocaine, a loaded .40-caliber handgun and cash. The two 29- and 21-year-old women and the 28-year-old man face felony distribution charges.
You can face serious criminal penalties for possessing drugs in Colorado, but the charges increase dramatically when the authorities determine an intent to sell. It is unlawful to knowingly manufacture, sell, dispense or distribute controlled substances.
Arrests Made in Alleged 7-11 Car Theft and Kidnapping
Two people were arrested after a vehicle was allegedly stolen with a child still in the backseat. According to a KOAA news report, the car was parked at a 7-11 on South Union in Colorado Springs. The man and woman left the car running with the child inside to use the ATM in the store. The car was then allegedly stolen and left on Whitman road with the child inside, unharmed. The man and woman did not steal or kidnap the child, but they were arrested when police investigated the incident. The man faces charges of attempting to influence a public official and child abuse. The woman faces charges of obstruction and child abuse. Both had outstanding warrants.
This complicated case has so far only resulted in the arrest of the people who left the car running with a child inside. Depending on the circumstances of the case, leaving a child unattended can be considered a form of abuse. Under Colorado Statute 18-6-401: “A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries.”
Lab Scandal Could Affect Thousands of Colorado DUI Cases
A recent review of a Colorado toxicology lab found that a woman who headed the lab had a strong prosecution bias, which could have affected a number of Colorado DUI cases. According to an independent report, the chief administrator actively wanted defendants convicted of DUI. Employees at the lab have admitted that she wanted to help prosecutors. It is unclear if her alleged bias resulted in the tampering of tests, but the allegations call into question the results of thousands of tests and the testimony of her employees.
A review by the Department of Public Health reveals that she may have tampered with tests or even lied in court to aid the prosecution. The review took place months ago, but the results of that review were only released this month. She stepped down from her position in May.
Colorado Springs Man Arrested on Child Pornography Charges
A 37-year-old Colorado Springs man was arrested in Florida on suspicion of creating child pornography with a 5-year-old girl. According to a Fox 31 news report, the man was arrested near Tampa. Officials executed a search warrant of his Colorado Springs mobile home back on June 11. They removed several computers and other digital media items during their search. In July, they examined the items and allegedly uncovered sexually explicit images of a 5-year-old girl. Once they decided that the Colorado Springs mobile home was the site of the crime, they arrested him and charged him with sexual exploitation of children. He is being held in Florida and is awaiting extradition to Colorado.
As is clear in this case, law enforcement officials go to great lengths to arrest individuals suspected of creating, possessing, and distributing child pornography. Colorado Springs police officers and investigators often work with law enforcement officers in other jurisdictions to track down individuals responsible for the exploitation of children.
Man Arrested for Sexual Assault in Westmeadow Drive Home
Colorado Springs police have apprehended a man who they suspect sexually assaulted a woman at gunpoint. According to a KOAA news report, the alleged assault occurred at a home on Westmeadow Drive in Colorado Springs. Officials say two men entered the woman’s home, assaulted her at gunpoint, and stole her belongings. The authorities conducted an investigation and made one arrest. The man has been charged with sexual assault, first-degree burglary, and aggravated robbery.
Under Colorado Revised Statute 18-3-402: “Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:” he or she “causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will.” In other words, it is illegal to have sexual intercourse by force, threat, or coercion.
Arrest Made in Colorado Springs Sexual Assault
A 47-year-old man was arrested and charged in connection with a sexual assault near the Hillside Community Center in Colorado Springs. According to a Fox 21 news report, the woman stated she was walking in the area near Hancock Expressway and Fountain Boulevard when the man hit her in the head and dragged her into the creek area. She said the man sexually assaulted her before leaving the area on foot. Police made the arrest a week after the incident following an investigation.
Consequences of Sex Crime Convictions
A sex crime conviction carries serious consequences for anyone in Colorado. In addition to prison time and hefty fines, convicted individuals will also be required to register as sex offenders. This means that they will have to register with local law enforcement frequently and every time they move. Their neighbors can find information about their arrest and conviction by referring to the Department of Justice database. Convicted sex offenders find it extremely challenging to reintegrate into society because they are constantly subjected to scrutiny.
I Was Arrested for Drunk Driving in Colorado. How Do I Get My License Back?
If you have been arrested on suspicion of driving under the influence (DUI) in Colorado, you may already be facing a driver’s license suspension—even if you have not been convicted of any crime. The suspension related to the arrest is an administrative action taken by the Colorado Department of Vehicles (DMV), not a criminal penalty. Unfortunately, its effects on your life are the same no matter who enforces the suspension.
If you’ve been stopped on suspicion of DUI and are facing a license suspension, the length of the suspension depends on whether the stop was your first, second, or later stop. For a first stop, the suspension period lasts nine months, although you can get your license reinstated after one month with certain restrictions, such as the use of an ignition interlock device. You may need to fulfill other requirements as well, such as obtaining an SR-22 certificate of insurance from your auto insurance company and paying the DMV fee for reinstatement.