Supporters of lowering the threshold say that individuals getting behind the wheel with a blood alcohol content of .05 can be very dangerous and reducing the threshold will keep unsafe drivers off Colorado roads. Some state lawmakers are interested in looking at how lowering the standard could impact public safety but more people in Colorado seem opposed to changing the drunk driving limit.
]]> Opponents of lowering the current .08 limit say that it would mean a lot of people would not be able to drive after having just one or two drinks. The Colorado Restaurant Association opposes lowering the limit, saying that there is already a law in Colorado that addresses drivers with a .05 blood alcohol content so lowering the standard is not necessary.Another issue in the debate is the impact lowering the threshold would have on drunk driving arrests. District attorneys in Colorado said that lowering the threshold would not result in more DUI cases since drivers can already be charged with a DUI if they appear to be impaired behind the wheel but do not have a .08 BAC. However, if Colorado law does reduce the limit to .05 some defense attorneys and other opponents of the recommendation believe more drivers would face DUI charges in the future.
While the debate over the advantages and disadvantage of lowering the blood alcohol limit in Colorado will continue, it is unlikely that the state law will change any time soon. When Colorado finally lowered their DUI limit to the .08 national standard, it took more than two decades for the legislation to finally pass so if Colorado lawmakers want to lower the threshold, public safety advocates shouldn't hold their breath.
Source: CBS 4, "Lawmaker Not Sure If Lowering Blood Alcohol Limit Is Right For Colorado," May 14, 2013
]]>The Colorado legislature and governor have requested evaluations of the sex offender treatment program so they can review the current program before deciding if and what changes will need to be made. The governor specifically asked for a sex offender task force to be created to review the state's law and requirements for convicted sex offenders.
]]> Back in 1998, Colorado passed the Lifetime Supervision Act, which included a sex offender treatment program for offenders. The act created a sentencing scheme for judges to use. The act and treatment program was created to either treat convicts in prison or on probation and once treatment was completed, offenders would be free to live in the community.The law was supposed to help sex offenders receive therapy to prevent future offenses once they were released from prison or parole. However, the report showed that the treatment program lacked sufficient funds and did not have the proper management to make the program effective or successful in treating sex offenders.
The report said that the treatment programs were too large and therapists running the programs were not trained properly. The report said that to fix the current program, legislative changes as well as changes to treatment protocol would be necessary for the program to be effective in the future.
In response to the report, the state said that the task force will review the current laws and requirements for sex offenders, and see if any of the treatment programs can be improved. However, some legislators are wondering if they should propose new legislation or provide changes to the program sooner rather than later since they already have the report stating that the program is not effective.
Either way, sex offenders in prison or on parole waiting to complete their mandated treatment will have to continue following the current requirements until any changes are made.
Source: The Gazette, "Fixes to contentious Colorado sex offender treatment system pushed out," Ryan Handy, May 12, 2013
]]>The act proposes new felony charges for the unlawful termination of a woman's pregnancy. The act was proposed to create harsh penalties for crimes committed against pregnant women that cause their unborn child to die. If the Crimes Against Pregnant Women Act is signed into law, offenders could be charged with a felony for crimes that harm a pregnant woman and her baby.
]]> Supporters of the bill say that it will establish much-needed penalties to appropriately punish individuals who commit crimes against pregnant women. State legislators have debated this issue for several years. In the past, Republican lawmakers in Colorado have tried to pass bills that would create penalties for crimes against fetuses but the bills were never passed.While there is still some debate over what laws are needed to punish criminals who harm pregnant women and unborn children, supporters say that this bill is a step in the right direction to hold offenders accountable for their actions by creating harsher penalties since offenders can now be charged with a felony offense for certain crimes.
If the bill is signed into law by Colorado's governor, more people may face felony charges. Felony charges should be taken very seriously as they have harsher penalties, including longer prison sentences and more probation and parole requirements.
Source: CBS Denver, "Bill To Punish Crimes Against Pregnant Women OK'd," May 3, 2013
]]>The state's current sex offender sentencing laws have come under scrutiny before over the effectiveness of the mandated sex offender treatment programs. While many state government agencies support Colorado's Lifetime Supervision Act, opponents of revising the program and possibly adopting Jessica's Law say that the program does not have the budget or proper treatment programs for convicted sex offenders.
]]> Support for Jessica's Law has grown as 42 other states have adopted the law. Jessica's Law creates harsh penalties for sex offenders. The law requires a mandatory 25 year prison sentence for people convicted of certain sex crimes against children under the age of 12.Jessica's Law would change the penalties for individuals convicted of certain sex crimes against minors. While there is a lot of support in Colorado for adopting Jessica's Law, many people still believe that the Lifetime Supervision Act is effective. However, reports from a review of the law showed that the treatment programs were poorly managed and were at times ineffective.
Lawmakers in Colorado said that they need to review the state's current sex offender sentencing laws to see if Jessica's Law will be considered and possibly adopted by Colorado.
Source: The Gazette, "Colorado governor calls for review of sex offender sentencing laws," Ryan Handy, May 1, 2013
]]>The recent ruling has stemmed a debate in Colorado over the proposed idea to create marijuana DUI laws that would mimic current drunk driving laws. Opponents of the proposed marijuana DUI bill state that the Supreme Court ruling should show Colorado lawmakers that it is unreasonable and a violation of a driver's rights to take a blood sample to test for drugs or alcohol in his or her system without a warrant.
]]> The proposed bill would create a standard to help police officers determine if a driver is too high to safely drive by testing the person's blood to see how much THC is in his or her system. Opponents of the bill argue that the bill should not be approved because the Supreme Court said a warrant is necessary before the police can test a driver's blood.Opponents cite that there is no breathe test for individuals suspected of driving under the influence of marijuana. Because police are only able to test a person's blood for THC, under the recent court ruling, they should need to have a search warrant before they can legally test a person's blood.
In addition to arguing that blood tests without a warrant violates the Fourth Amendment, opponents also argue that drugged driving is different than drunk driving because marijuana is processed differently by the body so it should be tested the same way that drunk driving offenses are tested.
Supporters of the bill state that under Colorado's "implied consent" law, drivers have to agree to blood tests. Drivers do have the right to refuse the blood test but doing so results in losing their driver's license for a year.
Source: Westport News, "Court ruling may color stoned driving debate," Kristen Wyatt, April 19, 2013
]]>The proposed bill would require DNA testing for offenders convicted of certain Class 1 misdemeanors. The list of misdemeanors includes third-degree assault, sexual assault, indecent exposure, illegal weapon possession, wiretapping and forgery.
]]> Supporters of the bill say that it would help Colorado law enforcement officers solve old crimes as well as help predict future criminal behavior. The original bill proposed that all misdemeanor convictions would require DNA testing, but lawmakers revised that provision to only certain offenses. Supporters say that this is why the bill should be passed because it only impacts people convicted of more serious misdemeanor offenses.However, opponents of the bill say that requiring people convicted of certain misdemeanors will still discriminate against offenders and invade the privacy of people convicted of low-level offenses. They cite the fact that people convicted of videotaping inside a movie theater would be required to submit a DNA sample, saying that this crime is not violent but for some reasons offenders would still be required to submit a DNA sample that may implicate them as a suspect in a different criminal case.
If the bill passes, more people in Colorado will have to submit their DNA after a conviction. DNA samples are tested and if a person's DNA matches any evidence found at a previous crime scene, that person may be arrested or charged with another offense.
This is why it is important for anyone arrested or charged with a crime to consult a criminal defense attorney as soon as possible to protect their rights.
Source: Denver Post, "DNA samples will help solve crimes," April 13, 2013
]]>Colorado is closer to passing a marijuana DUI bill that would limit the amount of marijuana a driver can have in their system before they are considered "too high" to drive safely. Under the bill, drivers who have five nanograms of THC in their system can be charged with driving under the influence of marijuana. The charges would be similar to current drunk driving offenses.
The proposed bill to limit the amount of THC in a driver's system was passed by the Colorado House last week. If the bill is passed by Congress and signed into law by the governor, it could increase the number of people who can be charged with driving under the influence in Colorado.
]]> This is not the first time Colorado lawmakers have tried to pass a marijuana DUI bill. Previous bills have all failed in the Senate but lawmakers are hopeful that this year will be different. They said that they have taken into consideration the state's Amendment 64, which made recreational marijuana use legal for adults.Since adults in Colorado are allowed to use marijuana recreationally or for medical reasons, the bill would allow individuals charged with having 5 nanograms or more of THC in their system to dispute the charge that they were too impaired to drive. However, the bill does not state how drivers charged with marijuana DUI would prove that they were not impaired.
While the bill would allow individuals to rebut charges, opponents of the measure say that it would ultimately take driving privileges away from medical marijuana patients out of fear of facing DUI charges.
The debate over having a marijuana DUI bill is sure to continue until Colorado lawmakers either approve or deny the proposed bill. If the bill is passed, drivers who use marijuana recreationally better be aware of the charges they may face behind the wheel.
Source: Huffington Post, "Too Stone to Drive? Marijuana DUI Bill Passes Colorado House," Matt Ferner, April 2, 2013
]]>A woman from Denver was arrested after a hit-and-run accident in Colorado that killed an 85-year-old man. After being arrested, the woman was charged with vehicular homicide, third-degree assault, criminal impersonation and leaving the scene of an accident that resulted in a fatality.
]]> Police claimed that the accident occurred after the woman ran a red light and hit another vehicle. Police said that the other driver died at the scene of the accident after the woman drove off, leaving the scene of the crash. Police reported that they were able to track down the woman based of witness statements and arrested her later that same night.This case is an example of the consequences drivers may face if they are involved in a fatal car accident and leave the scene of the crash. Colorado law requires that drivers remain at the scene of an accident and that law enforcement officials are called if the accident caused any serious injuries or fatalities.
Because the woman left the scene of the accident, she faces several additional charges that are a direct result of her not staying after the crash. While it is unknown what criminal charges she would have faced after the accident if she had not fled the scene, she now has to face much harsher criminal charges and punishment if she is found guilty.
Drivers who have been charged with vehicular homicide or leaving the scene of an accident should contact a criminal defense attorney as soon as possible to discuss how the accident happened and specifics regarding the criminal charges they are facing.
Source: Denver Post, "Denver woman charged in hit-and-run that killed driver, 85," April 2, 2013
]]>Specifically, if your roommate is selling illegal drugs and gets caught, you could be charged with drug possession and other criminal offenses depending on your knowledge and involvement with the alleged crime. What risks do you face if your roommate is suspected of possessing and selling illegal drugs?
]]> First of all, the residence you share will be searched by police. If any illegal drugs are found in a common area of the residence, you could end up being arrested and charged for drug possession. These types of charges are often a result of constructive possession, meaning that if the drugs were found in a common area of the residence. Individuals can be held criminally liable for whatever is seized by police because it was found in a common area shared by all residents.People who have been arrested for drug crimes resulting from their roommate's activities should consult a criminal defense attorney to discuss their case and have someone on their side to prove their innocence. People who have been charged with drug possession just because it was found in a common area of the house can argue in court that they did not know illegal drugs were in the residence and possibly provide other evidence that can prove their innocence.
Source: FindLaw, "If Roommate Sells Drugs, Can You Get Arrested?" Maryam K. Ansari, March 21, 2013
]]>The felony charges for possessing and selling a prescription drug on campus could change the rest of these two student's lives if they are convicted. Even though they allegedly only sold a prescription drug for $5, these drug crimes are still considered felonies and can carry hefty penalties for those found guilty.
]]> This is not the first incidence of college students selling illegal drugs on campus. The police spokesman for the school said that they usually see an increase in prescription drug crimes on campus at the beginning of every semester as students try to find a way to study for exams and finals.The spokesman said that many students don't realize how serious buying or selling prescriptions drugs can be. He said that more students need to be aware of the consequences for being arrested and convicted of possessing or distributing prescription drugs.
In Colorado, prescription drug charges can result in serious fines and prison sentences for those convicted. That is why it is important for college students and anyone else arrested for prescription or illegal drug crimes to contact a criminal defense attorney as soon as possible to protect their rights and fight for their freedom.
Source: Denver Post, "2 CU-Boulder students face felony drug charges over $5 sale of prescription pill," Mitchell Byars, March 20, 2013
]]>However, the man was arrested by the Colorado State Patrol "on suspicion of DUI, careless driving, and possessing a weapon while under the influence of alcohol." A news article reports that the man's breath test measured a blood alcohol content level of .093. The deputy is now on paid leave while this incident is investigated.
]]> It is unclear why the Colorado State Patrol came to the scene when the man hit the snow bank. Although, it is possible that his vehicle was stuck in the snow and he called for help or that the State Patrol drove by after the man ran into the snow bank.It is important to note that this incident could occur to many drivers even when they are driving cautiously. The deputy likely had little control over his car once it hit the patch of ice on the highway. In addition, the deputy's breath test results were not much higher than the legal limit for driving. As it is possible for breath tests to be inaccurate, this man may not have actually been driving with a BAC level over the legal limit.
If a person faces charges for driving drunk or for any other offense, contacting a strong defense attorney is one of the most important things this person can do.
Source: ABC 7 News, "Off-duty Steamboat Springs sheriff's deputy arrested as DUI suspect after crash," March 10, 2013
]]>In addition, five other large drug ring busts have interrupted drug trafficking into the county and resulted in many arrests and prosecutions of both suppliers and dealers. With these large-scale drug investigations, officers are breaking apart drug rings at their roots, as opposed to catching low-level dealers and users. These investigations are catching people who have higher-level positions in the drug rings. In the recent Operation Private Dancer investigation, the top people in the ring could face prison sentences as long as 14 years.
]]> Because officials are performing more in-depth investigations, the charges against persons allegedly involved in drug rings are more serious and can result in longer prison sentences. For instance, depending on a person's involvement in the drug trade, he or she could face a prison sentence that lasts four to 12 years.County officials seem to be on a mission to dismantle as many drug rings as possible and for as long as possible, so it is not unlikely that more drug ring leaders will be charged and at risk of facing severe sentences. As law enforcement investigations into drug rings become more in-depth and result in more serious charges, like organized crime and racketeering, anyone facing drug charges will want to ensure that he or she has strong legal representation.
Source: Denver Post, "Boulder County drug enforcement focusing on suppliers and dealers in rings," Pierrette J. Shields, March 2, 2013
Our firm handles a variety of criminal defense cases, including drug crimes. To learn more about our practice, please visit our website.
]]>While this may be an efficient method of tracking down missing criminals, opponents of the practice state that collecting a person's DNA before he or she is convicted of a crime violates a person's rights to reasonable search and seizure.
]]> States vary on their laws regarding the practice of collecting DNA from people who have been arrested, but not necessarily convicted of a crime. According to a recent news report, 27 states and the federal government can currently gather DNA samples from arrested persons. Many other states are waiting to hear what the Supreme Court decides before passing any laws related to DNA collection.The federal government's support of the practice is evidenced by their offer to provide funding to states that collect DNA from arrested persons. However, the Supreme Court's decision could influence a recent law signed by the president that gives money to states that begin collecting DNA from criminals.
It is important to consider where this practice could lead, though. While a DNA database may be a quick way to find unidentified criminals who committed another crime, it could overstep a person's legal rights. If arrestees' DNA samples are collected, who else's DNA will soon be collected? What other types of offenses could warrant DNA collection? It would be easy for this practice to go too far.
If an arrested person does have his or her DNA collected and linked to a crime, he or she will want to ensure the DNA collection was legal.
Source: The Baltimore Sun, "US Supreme Court to hear arguments over Md. DNA case," Yvonne Wenger, Feb. 24, 2013
Our firm represents persons facing charges for a variety of crimes. To learn more about our practice, please visit our criminal defense website.
]]>Investigations into the accident led police to arrest and charge another Longmont teenager, who is reportedly related to some of the men who were in the fight. This teenager's vehicle reportedly resembles the one described by witnesses.
]]> This young woman stated multiple times that she was at church when the accident occurred. Her pastor and others who were with her at church when the accident occurred verified her testimony. However, police continued to implicate this young woman and her vehicle in the accident.Five weeks passed before the police department reported that the young woman's vehicle did not contain evidence that she was at the scene of the collision. Her charges were dismissed, but only after she was charged, arrested, and held responsible for a young man's death for more than a month.
Any time that a person is charged for a crime, it is critical that a thorough investigation is conducted. While we may expect the criminal justice system to adhere to the "innocent until proven guilty" principle, this is unfortunately not always the case. Having a strong attorney on one's side from the moment one is charged for a crime is critical to ensuring that one does not serve a sentence for another person's crime.
Source: Longmont Daily Times-Call "New Year's Eve hit and run: Boulder County prosecutors dismiss charge against Longmont teen," Pierrette J. Shields, Feb. 7, 2013
Our firm handles a variety of cases, including ones similar to the case described above. To learn more about our practice, please visit our criminal defense website.
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