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Denver DUI/DWAI Law Blog

Heightened police presence on Colorado roadways

The activities that Coloradans across the state engage in over extended holiday periods are of course many and varied.

There is a certain commonality attached to one experience that is similarly shared by many residents, though.

Colorado Supreme Court deems post-sentencing penalty OK

Today’s blog post highlights two Colorado criminal appeals cases resulting in a notable state Supreme Court ruling that addresses sentencing punishment.

Both those matters involved penalties imposed on defendants convicted of possession of a controlled substance in felony drug cases.

When companies act criminally

You may have heard that corporations and businesses are technically considered “legal persons." While this classification grants them certain rights (like the ability to pursue a civil lawsuit) it also makes them liable for criminal charges.

Recently, Colorado-based natural gas company, Inflection Energy, was convicted for criminally polluting rivers and waterways during a spill in 2017. So, what penalties does a company face when facing criminal charges?

Home-growers can still be criminalized in Colorado

While Colorado has legalized personal marijuana growth, state law places restrictions on both quantity and process for home growers. Failure to comply with these guidelines could result in a felony.

In this post, we will go over the state regulations for personalized marijuana growth. However, growers should keep in mind that counties and municipalities within the state can have stricter guidelines.

Why is sexting so problematic for teens?

Let's salute youth.

It certainly has its rewards. Life is full of promise. Every day is a new adventure. New friends are potentially around every corner. The experimentation tied to experience and learning is often bold and exciting.

Police lineups and photo arrays can be highly suggestive

When the police believe they have an eyewitness to a crime, they often bring that person to the station to try to identify a suspect. This is primarily done through a lineup or a photo array. Unfortunately, studies have shown that many identifications by eyewitnesses are mistaken or are the result of a deliberate attempt to lie.

According to the National Registry of Exonerations, unintentional misidentifications have been found in about 30% of cases where the suspect was later exonerated. In approximately another 26% of exonerations, the witness was shown to have identified the exoneree even though another person committed the crime. In about 17%, the witness accused the exoneree of a crime that never occurred.

Are you reeling from your traffic ticket or nonchalant about it?

Many Colorado drivers don’t view getting a citation for a behind-the-wheel offense with any real sense of alarm.

Candidly, what seasoned motorist with years of driving experience hasn’t been stopped and ticketed on at least one occasion? Many people hearing that a family member or friend was stopped and cited for some infraction respond in a “welcome to the club” vein. Some state residents might even regard a traffic ticket as a rite of passage for Colorado drivers.

What constitutes reasonable suspicion?

Though it may seem that police have a disproportionate amount of power in any interaction, there are rules that law enforcement must follow.

For example, checks and balances exist to prevent officers from abusing their power to detain individuals. An officer must have reasonable suspicion of criminal activity before making a traffic stop.

Burglary: an often misunderstood criminal charge

Even many law school students fail when it comes to properly assessing whether a criminal charge of burglary makes sense in a given case.

Indeed, what is burglary?

What can give rise to an obstruction of justice criminal charge?

Many people who follow criminal law stories and topics have likely seen references to obstruction of justice.

What exactly does that mean?