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Denver DUI/DWAI Law Blog

Colorado meth case reveals split in judicial opinion

Criminal law cases often revolve around assessments concerning legal principles that can vary materially from case to case.

Moreover, what might seem unreasonable to one person can seem flatly right to another. In short, many legal standards are more fluid than firm. Opinions in specific cases are subject to differing interpretations.

Should sexual assault statutes of limitations be removed?

Over the last few years, accusations and charges of sexual assault have become more public and robustly reported in the media. Lately, states have been considering potential changes to their statute of limitations laws.

A statute of limitations refers to the maximum amount of time after an event that a victim can initiate legal proceedings. There are two types of cases – and two statutes of limitations – related to sexual assault: criminal and civil.

What does it mean that Colorado de-felonized drug possession charges?

Last spring, bill HB 19-1263 was signed and became Colorado law. On March 1st, 2020, the law officially went into effect. HB 19-1263 reclassifies the offense of possession of schedule I or II substances as a level-one drug misdemeanor. Does this mean that if law enforcement pulls you over with heroin in your possession, you will not face felony charges? Not necessarily…

For the misdemeanor classification, you must not hold more than four grams of schedule I or II classed drugs. Additionally, the bill states that your fourth or ensuing offense of said drug types at four grams or less will be considered a felony. The following drugs fall under the schedule classes in question:

Considerations, answers surrounding Colorado's varied assault laws

Facts matter.

Proven defense attorneys know that. They especially appreciate that parsing out "what really happened" concerning a client's criminal charge is critically important when a matter is inherently complex.

How serious is a reckless driving charge?

Because of how often we drive, the road can be one of the easiest places to get in trouble with the law. Even the safest driver can get pulled over, if they drive every day.

However, not every ticket is created equal. Reckless driving is a serious charge with particularly harsh penalties in Colorado.

Colorado corrections leaders rethink the release system for inmates

After nearly a year in his position as the Colorado Department of Corrections Director, Dean Williams is already looking to make a difference in the prison system. There is a concern for how well inmates adjust to life on the outside once released, especially in the case of those adults who serve long-term sentences. This of course is not a new concern for those involved in the justice system, but Director Williams would like to see changes implemented in Colorado.

Colorado Public Radio recently published a story on a former prisoner who served 25 years after being convicted for his part in a robbery that put him away at 17 years old. The article discusses the man’s struggles with culture shock as he reentered the world beyond bars.

Are you required to give phone data to police?

For many people, much or all of their lives are documented on their cellphones, making those devices a likely target for law enforcement agencies that believe they have committed a crime. But it may not be as simple as police or the FBI getting a warrant to get that information.

Androids and iPhones hold many gigabytes of potential evidence, but whether the government has a right to access it largely depends upon a mishmash of court decisions and laws that were made well before the technology was widely used.

Local police officer will not face DUI charges

Last year, Denver news stations reported on an incident regarding an intoxicated Aurora Police Department (ADP) Officer who was found unconscious on duty. Now, news has surfaced that the officer will not face DUI charges, despite being found in his patrol car.

DUI charges can often be dismissed for lack of evidence and improper investigation; and these reports suggest that the APD may have handled this case improperly.

Methamphetamine use and arrests rise sharply in Colorado

While addiction rates and deaths involving opioids have received the most attention in recent years, methamphetamine has made a sharp comeback in Colorado and the rest of the U.S. over the past decade.

One study shows a nearly 130% increase in meth use from 2014 to 2019 across the country. Denver police say arrests over meth possession spiked in 2018 at 1,468, a 217% increase since 2014. Police say meth arrests now outnumber those for cocaine and heroin combined.

Fighting a Restraining Order

Civil Restraining Orders—also called Protection Orders—exist to protect victims of abuse. Because of the sensitivity of the issue, Temporary Restraining Orders (TRO) can be established extremely quickly; and the restrained party does not always get the chance to defend themselves.

While restrained parties must abide by the stipulations of a TRO, they can fight against the restraining order becoming permanent.