Violent crime charges are no joke – in the state of Colorado, if you are convicted of a crime which is designated as a “crime of violence,” then you are facing a mandatory enhanced prison sentence of up to double the maximum penalty for the crime charged. What is a...
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Colorado Drug Crime Reform – How the State Is Changing Its Approach
Revisions to C.R.S. 18-18-403.4 – Unlawful Possession of a Controlled Substance As of March 1, 2020, it is no longer a felony in the State of Colorado to possess Schedule I or II drugs. Previously, possession of a Schedule I or II drugs was classified as a level 4...
Understanding Criminal Mischief
What is Criminal Mischief? Commonly known as vandalism, criminal mischief is often very misunderstood, because the definition varies by state, and it is often called many other names, such as criminal damage, damage to property, and malicious mischief. Criminal...
What is Discovery in Criminal Cases?
A Legal Analysis of Colorado Rules of Criminal Procedure Rule 16 What is “Discovery”? In criminal court, “discovery” refers to the process by which the defendant obtains all evidence held against them by the prosecution in a criminal case, and which the prosecution...
Understanding Domestic Violence Charges
What is a Domestic Violence?What is a Protection Order?What are common DV charges?What are penalties for a Domestic Violence conviction?What are your defenses? What is a Domestic Violence? According to CRS 18-6-800(3), Domestic Violence (DV) is not an independent...
Sealing Criminal Records
What’s the Deal With Sealing My Criminal Record? What is the importance of sealing criminal records? Everyone knows the stigma that comes with a criminal record; it affects your family life, potential job opportunities, college acceptance, and renting a home. But why...
Elijah McClain: It Happened Here Too
It is August 24, 2019, just after 10:30 PM. Three Aurora police officers responded to a call about a man who was wearing a mask and waving his hands as he walks. That man is Elijah McClain. He has anemia and sometimes wears an open-faced ski mask because he gets cold....
It’s Time to Stop Being ‘Shocked’ and ‘Saddened’ by Police Brutality
On February 23, 2020, Ahmaud Arbery was jogging in his own neighborhood when two men saw him. They thought he looked like a man believed to be responsible for several break-ins in the neighborhood. Mr. Arbery was chased down in a pickup truck, shot, and killed by two...
The Basics of Preliminary Hearings
What is a preliminary hearing? In Denver criminal defense, a preliminary hearing is a pre-trial proceeding that occurs in a lower court than the court in which the case will ultimately be tried. During the preliminary hearing, the prosecution must demonstrate that...
The Fork in the Road in All Criminal Cases
In every non-dismissed criminal case, there is a choice along the road—accept a plea bargain or take the case to trial—and when the time comes, the defendant must choose which option they prefer. However, that choice doesn’t have to be scary, because the defendant...
As Restrictions Loosen, A Reminder on Traffic Laws and their Penalties
On Friday May 8, the last counties in Colorado with active stay-at-home orders allowed those orders to expire, transitioning instead to safer-at-home orders in line with the rest of the state. As these restrictions loosen, more people are expected to be out and about...
Coronavirus and the Courts: What you Need to Know
The COVID-19 pandemic has drastically changed the daily lives of most Coloradans. The impact is so far reaching that the not even the state’s judicial processes were immune. When Governor Polis announced the stay at home order, most courts closed to all but the most...
How to Request Judge Reconsideration – Colorado Rule 35(B)
In some cases, there is a valid cause for a judge to reconsider a sentence they handed down. Thanks to Colorado Rule 35(b), there is a proper channel to request such a reconsideration. Below are some frequently asked questions regarding this rule. What is Colorado...
Vehicular Homicide in Colorado — What You Need to Know
There are more bad drivers on the roads today than ever before. Every time you get on the road, you trust that everyone around you will make safe decisions. However, accidents do happen. Sometimes there is someone to blame. In certain cases, the charge of vehicular...
Can Anything You Say Be Used Against You? – (Miranda Rights Explained)
The words have been repeated on TV crime shows for so long that almost everyone has heard it before. “You have the right to remain silent, anything you say can and will be used against you in a court of law. This phrase is a portion of something called the Miranda...