Those accused of DUI often are charged with misdemeanors. However, prosecutors may pursue aggravated drunk driving charges, which is classified as a felony. It is a felony when the driver gets their fourth DUI, or the victims are injured or die. While they are not...
Criminal Defense
What constitutes cyberstalking?
The internet and our digital devices afford us an easy way to keep up to date with friends and family. This can happen through social media, direct emails, video platforms, text messages, and other ways. But just as face-to-face has specific written and unwritten...
How asset forfeiture works in Colorado
Some Coloradans may not be aware of this, but the state utilizes asset forfeiture. This is an action where the law enforcement claims that an asset was gained from unlawful activity, such as drug dealing or money laundering, and therefore can confiscate ill-gotten...
The judge will review 110-year sentence issued to truck driver
The sentence of a Colorado truck driver in causing the deaths of four motorists and severe injuries to others got national media attention since it was handed down on December 13. It is an unprecedented case in many respects. Still, the language of the state's...
When are those who consume marijuana too intoxicated to drive?
The rules for driving under the influence of alcohol are pretty cut and dried. Those drivers whose test results showed a blood alcohol concentration (BAC) of .08% or above are considered too impaired to drive. The driver is then charged with a DUI. Because there is no...
The petitioner needs proof for a restraining order
Much is said and written about restraining orders. Often people focus on the process of getting a restraining order, but it's also essential to understand the kind of proof the plaintiff needs to convince the judge to issue the order. Details with evidence will help...
Use common sense when dealing with law enforcement
Law enforcement's job is to protect and serve citizens, but sometimes it can be intimidating to talk to them. This can be because they may have their hand on their gun as they speak with you, they may take precautions when approaching a vehicle during a traffic stop,...
What are assault and battery in Colorado?
The terms assault and battery are often heard as a single phrase. This leads some to believe that they part and parcel of the same charges. This is not the case. In fact, Colorado law does not even have battery – similar actions fall under the category of menacing. In...
Officers need probable cause or reasonable suspicion during a stop
It is common to see law enforcement pulling over a vehicle. This often involves a speeding ticket (or warning) if it takes place on the highway. These tickets can be an expensive annoyance because of the ticket’s fine and perhaps a subsequent rise in insurance rates....
The defense can examine DNA identifying software
DNA has become an increasingly common source of evidence in criminal cases. Sometimes it provides proof that some were wrongfully prosecuted. In other cases, it has helped identify the guilty party years or decades after the crime was committed. However, defenses in...