Colorado Springs Criminal Defense Blog
Colorado Search and Seizure Law
Both the federal Constitution and the Colorado Constitution protect citizens against law enforcement unlawfully searching and seizing property. While substantially similar, the Colorado Constitution is slightly more specific than the federal Constitution. The Constitution of the State of Colorado specifically provides:
The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing. Colo. Const. Art. II, Section 7.
The Difference Between Trespassing and Burglary
Although trespassing and burglary are both property crimes that involve being on someone else’s property unlawfully, they are not the same offense. Burglary crimes tend to be more severe, with stiffer penalties, than trespassing crimes. If you are facing trespassing or burglary charges, it is in your best interests to speak with an experienced Colorado Springs criminal defense attorney as soon as possible.
Colorado Laws Regarding “Leaving the Scene of an Accident”
What Is Required of a Driver After an Accident?
Colorado requires drivers involved in auto collisions to perform certain tasks immediately after an accident. A driver who doesn’t comply with the statutory requirements can get charged with a range of offenses, some of which can be serious.
When Can You Point a Firearm at Someone?
More citizens in the United States own firearms than in any other country in the world. Most gun owners in our country own firearms for either sport or self-defense. When faced with a perceived threat of harm, people will sometimes display a firearm or flash it at the person presenting the threat. However, flashing a firearm in the wrong circumstance can result in criminal charges. It’s important to understand the laws outlining when you can and cannot display or flash a firearm. This post will explore two criminal statutes about this; C.R.S. 18-3-206 (Menacing) and C.R.S. 18-9-106 (Disorderly Conduct).
TSA Finds More Guns at Denver International Airport Checkpoints Than Ever Before
In 2021, TSA officers recovered 156 firearms at DIA checkpoints, a new record. Denver ranked seventh in the nation for recovered firearms according to the TSA. When the new statistics were released, TSA spokesman David Pekoske stated that he believed, “What we see in our checkpoints really reflects what we’re seeing in society, and in society, there are more people carrying firearms nowadays.”
This doesn’t mean there are more people intentionally trying to bring a firearm on a plane, but it does give authorities concern. Any gun on a plane in the hands of the wrong person can be dangerous for everyone on board.
Colorado Recently Changed the Waiting Period for License Reinstatement After Receiving a DUI
On January 1, 2023, the law regarding when you can reinstate your license after a DUI suspension changed in Colorado. Prior to January 1, 2023, a person whose license was revoked for a first-time DUI had to wait at least 30 days after the revocation was effective before they could reinstate their license. Colorado changed this law for offenses occurring on or after January 1, 2023. The current law now allows for early reinstatement as early as the first day the revocation is active.
Defending Against Trespass Charges in a Criminal Case
The term “trespass” is defined as “knowingly entering another owner’s property or land without permission, which encroaches on the owner’s privacy or property interests,” according to Cornell Law School Legal Information Institute (LII). Under Colorado law, there are three different degrees of criminal trespass, with widely ranging severity of penalties. Each degree of criminal trespass has its own definition.
How to Use the “No Driving Defense” in Colorado DUI Cases
If you’ve been charged with a DUI for drinking, you may be able to challenge the lab results in court. And there are also effective legal strategies for challenging driving under the influence of drugs (DUID) charges in Colorado.
When a police officer pulls you over and charges you with DUI, it’s clear that you were driving the vehicle. What if you are legally intoxicated, but the officer never actually sees you driving?
Is It Arson in CO If You Started the Fire Accidentally?
Arson is one of the most serious property crimes. It causes billions of dollars in property damage and thousands of people die in fires every year. There is no statute of limitations for arson, and conviction for felony arson carries severe penalties. If convicted of felony arson, you will be facing strict fines and years behind bars.
The Main Signs Police Look for to Find Drunk Drivers
Drunk Driving Signs
Police officers receive special training to help them identify intoxicated drivers on the road. This training includes learning to look for specific behaviors that may indicate intoxication, such as swerving, speeding, or braking erratically. If a police officer suspects a driver may be intoxicated, they will likely pull the driver over for further investigation.