Boulder Criminal Defense Attorneys Blog

Study proves juvenile crimes often a thing of the past

2013-05-21T15:32:04Z

Everyone makes mistakes. It's through a process of trail and error that we as human beings learn, grow and develop a sense of character. From a very young age, children tend to push boundaries. The word "no" is often one of the first uttered by a young toddler who is constantly admonished for getting into trouble. As children age and become teenagers and young adults, some continue to challenge authority and step outside the boundaries of what society deems acceptable behavior.

While some teens and young adults appear to avoid getting into too much trouble, others may be influenced by friends, pure curiosity or personal gain. A so-called troubled teen may drink alcohol or use drugs. Such behavior may eventually lead a teen to take part in more serious criminal activities such as assault, robbery or drunk driving offenses.

]]> Teenagers who face criminal charges often fail to recognize the seriousness and far-reaching implications of such charges. Not only can a juvenile offender face potential time in a detention center and fines, their hopes of going to college may also be affected.

In an effort to reduce crime on college campuses, today many colleges require applicants to undergo criminal background checks. In some cases, the results of such a background check may hurt an applicant's chances of being admitted to the college of their choice. A recent Colorado study, however, shows that many college students who engaged in criminal activities during their teen years do not continue exhibiting such behaviors while attending college.

The study looked at more than 6,700 college students, some of whom had criminal records. The results of the study showed that current screening methods employed by many colleges are not effective in detecting students with criminal tendencies. Additionally, many students who may have engaged in youthful indiscretions did not continue such destructive behaviors while attending college.

In essence, everyone deserves a second chance. In many cases, teens who engage in criminal activity need positive role models and opportunities rather than a permanent criminal record and the stigma associated thereto. Going to college or obtaining a job are among some of the most effective ways a young adult can learn, grow and become a contributing member of society.

Source: UPI.com, "Criminal background checks don't predict college crime," May 19, 2013

Father of five awarded $5.5 million for wrongful conviction

2013-05-14T14:32:03Z

Imagine the horror of learning that your spouse had been attacked and brutally beaten. Now imagine that you are accused of committing the henious crime and sentenced to spend time in prison. This nightmare scenerio may sound like the plot of a new movie, but it was the reality for a man who in 1996 was wrongly convicted and imprisioned for the attempted murder of his wife and mother of his five children.

Nine years after being locked behind bars, the man was freed after a judge ordered his release. Another man had confessed to the crime, a crime for which the loving husband and father had been convicted. Upon his release, the once happy father was a changed man.

]]> Bitter and hardened by his years in prision, the man struggled to find his place in society and in the lives of his five children. The anger which he supressed for years bubbled to the surface as he realized how much he had missed out on in his children's lives. Today, the man still struggles with the demons of his past and the wrongful convication that cost him his freedom, family and faith in humanity.

Recently, a judge awarded the man $5.5 million in restitution related to the wrongful convication and time he spent behind bars. Despite the sizable sum and luxurious life it could afford, the man claims he would trade everything to get back the time with his children.

This case is a sad reminder of the failures of the American criminal justice system. In many cases, human errors and presumptions of guilt outweigh facts. This case proves why it's critical to hire a criminal defense attorney when facing criminal charges.

Source: The Syracuse Post-Standard, "Wrongly imprisoned nearly a decade, father plays catch-up with his five kids," John O'Brien, May 13, 2013

Lawmakers continue to wage debate over how high is too high

2013-05-07T19:25:01Z

We've discussed in this blog before, some of the issues that Colorado legislators are attempting to sort out with regard to the legalization of marijuana. Since the passage of Colorado's Amendment 64 late last year, many state lawmakers have taken steps to attempt to regulate who uses marijuana, how much and where.

One of the most contentous issues facing lawmakers revolves around so-called drugged driving. Some Colorado politicians have proposed treating marijuana use while driving much the same as alochol. Proponents of stoned driving limits proposed imposing a legal limit of 5 nanograms of THC. Passage of this measure would mean those drivers found to have more than 5 nanograms of THC in their blood would face criminal drugged driving charges.

]]> Those opposed to the proposed measure contend that imposing such restrictions is not a fair means of preventing drugged driving as factors such as tolerance must be taken into account. The bill proposing the 5 nanogram limit was recently rejected by members of the Colorado Senate who voted to continue debating the issue.

For now it appears as though no decision will be made this legislative session about how much is too much when it comes to driving and marijuana. Colorado residents who choose to drive while impaired by drugs or alcohol can face serious criminal charges that carry hefty fines and potential time behind bars. Individuals facing such charges would be wise to seek the advice of a criminal defense attorney.

We'll continue to follow this issue and others surrounding the legalization of marijuana as the passage of restrictive laws and policies would likely impact many Colorado residents.

Source: CBS Denver, "Colorado Senators Oppose Stoned Driving Limits," May 6, 2013

Doctor indicted on 96 counts of health care fraud and wire fraud

2013-04-30T15:55:02Z

In recent years, much has been written about the need for reform of the American health care system. High costs are often driven by health insurance companies that often dictate what health care providers and types of procedures are covered. In many cases, billing to private health insurance and Medicare is a complex and often misguided process carried out by business administrators, secretaries or even doctors themselves in the case of sole practitioners.

One dermatologist was recently sentenced to more than a year in prison on charges related to health care fraud. The criminal charges stemmed from allegations related to the doctor’s insurance billing procedures. According to legal documents, the doctor in question was accused of engaging in false and fraudulent billing practices from 2007 through 2011.

]]> During these years, the prosecution in the case asserted that the doctor routinely billed both private insurance companies and Medicare for procedures which were cosmetic in nature and therefore not covered under insurance. Procedures for which reimbursement was submitted included laser skin treatments as well as chemical peels to aid in the removal of sun spots and wrinkles.

In response to the criminal charges and allegations purported against the doctor, her defense attorney insisted the billing errors were honest mistakes. The doctor named as the defendant in this case was ultimately responsible for the billing process and failed to take quick corrective action once the mistakes were discovered. As a result, the doctor was indicted on 96 counts of health care and wire fraud.

Criminal charges related to health care fraud are serious in nature and can result in those individuals convicted paying hefty fines and serving time in prison. Individuals accused of such crimes would be wise to seek the advice of a criminal defense attorney who has experience in handling such matters.

Source: Decatur Daily, "Lauderdale doctor gets prision in fraud case," Mike Goens, April, 25, 2013

Colorado's lifetime supervision law in need of reform

2013-04-25T16:59:47Z

In 1998, Colorado adopted what's known as the lifetime supervision sentence for individuals found guilty of sex crimes. The law dictates that all individuals classified as sexual offenders must receive therapy aimed to treat and reform sex offenders. A recent audit of the program, however, proves it has serious defects that are costing Colorado tax payers upwards of $30 million each year.

]]> Under the provisions of the lifetime supervision law, individuals classified as sex offenders are subject to the same treatment program. Critics of the law contend treatment is only effective if tailored to a specific individual and his or her crime. For example, a 20-year-old man charged with statutory rape for having sexual intercourse with a 17-year-old girl should not be treated the same as a 40-year-old man convicted of molesting an 8-year-old boy.

In addition to problems related to how mandatory therapy programs for sex offenders are set up, there are also problems with the frequency of such programs as well as the qualifications of individual therapists. Each year, approximately 675 of the nearly 4,000 sex offenders behind bars are accepted to participate in therapy programs. For those inmates unable to participate, many who would be eligible for parole remain behind bars until they complete therapy.

It costs roughly $31,000 per year to house an inmate in a Colorado prison. Due to the inefficiencies of the lifetime supervision program, Colorado taxpayers are forced to foot more than $30 million each year to incarcerate sex offenders who could more readily benefit from treatment outside a prison's walls.

The findings of the audit of the lifetime supervision program have caused outrage among many Colorado lawmakers who are calling for reform to the law's provisions. Additionally, many argue a need for more distinction between sex offenders and the type and level of treatment they receive.

Source: The Denver Post, "Audit rips Colorado's lifetime-supervision sentence for sex offenders," David Olinger, April 25, 2013

Colorado DOC to track down parole violators

2013-04-15T18:18:05Z

Colorado law allows some inmates at prisons and juvenile detention centers to be released early and put on parole. Usually, this means that while the person will not be incarcerated, he or she will still be under a significant amount of supervision. Parolees are subject to a number of restrictions and are required to check in regularly with a parole officer.

Not every parolee follows these rules, though. According to the Colorado Department of Corrections, approximately 136 Colorado parolees abscond every month. Some of these individuals end up committing serious crimes.

]]> The issue gained new attention recently, after the murder of Tom Clements, the state prisons chief. The man suspected of killing Clements was on parole but detached his ankle monitor six days before the murder. A warrant for his arrest was not issued until the day after Clements was killed.

Now, parole officials are launching new efforts to track down suspected parole violators. The Division of Adult Parole recently started a program in which officers will be able to get an arrest warrant within two hours after they become aware that someone has tampered with an ankle bracelet. In addition, the office is sending parole officers out to track down individuals they have previously lost track of.

The Department of Corrections plans to spend almost $500,000 to track down these parolees. Part of the money will go to paying overtime for 80 parole officers.

Violating parole is a serious offense in Colorado. If you have violated parole, you may be better off taking a proactive approach to the issue. Talk to a criminal defense attorney who can work with you to reach a solution to your problem.

Source: The Denver Post, "State parole officials to round up Colorado parole absconders," Kirk Mitchell, April 10, 2013.

Our law firm practices criminal defense in the Boulder, Colorado area. For more information, please visit our website.

Colorado House passes marijuana DUI bill

2013-04-09T14:45:24Z

Should marijuana be regulated like alcohol for motorists who get behind the wheel? The debate regarding whether drivers in Colorado should be prohibited from driving with a certain amount of THC - the active chemical ingredient found in marijuana - in their bloodstream has gained traction since the legalization of recreational marijuana use in the state.

]]> As we have discussed in an earlier post, many are against setting specific limits for the amount of THC allowed in the bloodstream while driving. Despite all of the criticism surrounding the marijuana DUI bill, the Colorado House passed the legislation earlier this month.

House Bill 1114 would prohibit motorists from getting behind the wheel if they have 5 nanograms of THC in their blood. The bill's sponsor stated that the legislation was meant to improve traffic safety across Colorado. Many argue, however, that the level of allowable THC is not high enough and would unfairly affect a large number of marijuana users.

Although the standard may be too low, the bill allows those charged with driving under the influence of marijuana to provide evidence that they were not impaired while behind the wheel. Motorists facing such charges would be able to rebut the driving under the influence charge by showing that they were not driving unsafely.

Opponents of the bill also argue that there is not enough evidence to prove that drivers' ability to operate motor vehicles worsens when a specific amount of THC is in the bloodstream.

When someone is facing drugged driving charges, consulting with a criminal defense attorney is a wise step to ensure a strong defense is established.

Source: Huffington Post, "Too Stoned to Drive? Marijuana DUI Bill Passes Colorado House," Matt Ferner, April 2, 2013.

Bill aims to reduce mandatory sentencing guidelines

2013-04-05T15:16:51Z

In many cases, individuals charged in criminal cases related to drug possession and drug distribution receive sentences that do not fit the crime. Jails and prisons around the United States are dealing with overcrowding problems and federal detention facilities are at nearly 140 percent capacity. As states grapple with how to fund keeping many of these non-violent offenders behind bars, taxpayers are often called upon to foot the bill.

]]> New legislation was recently introduced that aims to reduce mandatory and often punitive sentencing guidelines for non-violent offenders. Many of the individuals that stand to benefit from the proposed legislation face drug charges. The bill, which was introduced by Senators Rand Paul and Pat Leahy, is called the "Justice Safety Valve Act of 2013".

When introducing the bill, the Senators argued that federal sentencing guidelines impose overly harsh and punitive mandatory minimums for offenders who would benefit from lesser sentences or alternative sentences. In many cases, individuals involved in drug crimes would benefit more from a court-mandated drug treatment program than from sitting idle behind bars.

If passed, the "Justice Safety Valve Act of 2013" would allow judges to impose sentences that are below the mandatory minimum. A judge may choose to use the safety valve should he or she believe the mandatory minimum sentence to be too unreasonable or lengthy.

While many lawmakers recognize the need for mandatory sentencing reform and are taking steps to bring about changes, individuals charged in non-violent crimes continue to receive harsh sentences. It's important, therefore, that individuals who are facing criminal charges related to drug possession or distribution retain legal counsel. When faced with such matters, a criminal defense attorney can help provide for the best possible legal outcome.

Source: Reason, "Today Rand Paul and Pat Leahy Introduced a Bill to Fix Our Atrocious Federal Mandatory Minimum Laws," Mike Riggs, March 20, 2013

19-year-old Colorado man sentenced in armed robbery

2013-03-29T14:02:30Z

We've likely all heard stories of seemingly normal kids from good families who seem to lose their way. In many cases, these kids get caught up with a bad crowd or become involved with drugs and alcohol. These factors along with lack of life experience and a false belief of invincibility likely contributed to crimes carried out by one 19-year-old Colorado man.

]]> The 19-year-old was recently sentenced to serve 10 years in prison for his role in an armed robbery. The 19-year-old and two accomplices, aged 23 and 18, drove to the home of a high school student known to have prescription drugs. Upon entering the home through an unlocked door, the three proceeded to taze and threaten the student with guns until he gave them the prescription drugs.

The 19-year-old was also involved in a case in which he was accused of shooting a gun at an individual after a botched drug deal. The 19-year-old pleaded guilty to second-degree attempted murder and is currently awaiting sentencing in the matter.

For his role in the armed robbery case, the 19-year-old pleaded guilty to aggravated robbery. Upon sentencing the young man, the judge in the case imposed the minimum sentence citing the 19-year-old's efforts to turn his life around while he was awaiting sentencing. Additionally, the judge noted that she believed the young man could be successfully rehabilitated and "do well in his community" upon his eventual release.

This case serves as an example of how teenagers and young adults can get caught up in situations where matters quickly get out of control. Teenagers often don't realize how serious certain actions can be and the legal implications facing charges such as aggravated robbery or attempted murder.

Colorado teenagers or young adults facing criminal charges would be wise to contact a criminal defense attorney. A legal professional will fight for an individual's rights and help provide for the best possible legal outcome.

Source: Daily Camera, "Layfayette man, 19, sentenced to 10 years in prison for Erie home invasion, Mitchell Byars, March 20, 2013

Boulder man benefits from alternative sentence

2013-03-22T16:45:17Z

When facing a desperate financial situation, some individuals may make poor decisions. In the case of one Boulder man, his attempts to rectify his poor decision have resulted in an alternative sentence that will likely serve to benefit both him and his family.

]]> Last fall, a 37-year-old Boulder man walked into a local Chase Bank branch. As he approached the bank teller's window, he nervously slid the teller a note asking for money. The surprised teller looked at the man who then grabbed the note back and quickly left the bank.

Despite the fact that no actual crime occurred, police officers were called and began to search the area for the male suspect. Upon doing so, the 37-year-old walked up to a police officer and turned himself in. He admitted what he'd done was stupid, but that he had not been taking his medication and needed money to provide for his family.

The 37-year-old recently pled guilty to a criminal charge of attempted theft. The man had originally been charged with more severe criminal charges including attempted robbery and attempted theft, but his defense attorney was able to obtain a lesser charge.

The man was recently sentenced to a work-release program and a mandatory treatment program. The man's defense attorney originally wanted the case to go to trial, believing the man could be cleared of all charges, but the 37-year-old did not want to go through a trial.

In this case, the man's lesser sentence will likely provide the much-needed help he needs to gain important work skills as well as life coping skills. In these types of cases, a skilled criminal defender is often able to convince the courts and judge of the benefits of alternative sentences versus time behind bars.

Our law firm helps individuals facing criminal charges. Our criminal defense attorneys work for clients to provide for the best possible outcome and actively pursue alternative sentences when appropriate.

Source: Daily Camera, "Boulder man gets work release, probation in attempted bank robbery," Mitchell Byars, March 20, 2013

Woman caught up in drug ring gets plea deal

2013-03-15T15:26:26Z

In years past, much attention was given to stories related to illegal and illicit drug crimes, Those involving legal prescription drugs however, went largely unreported. Addiction to and abuse of prescription drugs has skyrocketed within the last decade. In fact during 2010 alone, more than 12 million Americans reported using a prescription painkiller for non-medical reasons.

]]> The selling and trafficking of prescription drugs reaps big financial rewards for those who are successful. It also, however, can result in an individual facing felony drug charges, hefty fines, prison time and years of probation. Currently many states, including Colorado, have programs aimed to combat the selling and distribution of illegal prescription drugs. Despite these efforts, the number of Americans estimated to have overdosed as a result of taking prescription painkillers continues to rise each year.

A 46-year-old Colorado woman recently faced drug charges after she was arrested for selling ecstasy to an undercover police officer. Additionally, the woman was involved in the alleged trafficking and selling oxycodone pills. She was arrested by police along with 12 other individuals believed to be part of a prescription drug ring.

When discussing the 46-year-old woman's case, her attorney noted that his client has no prior criminal record. Rather, he contended, she was someone who was influenced by others and simply got caught up in the whole situation. The judge in the case agreed. While the woman originally faced much more serious drug charges, her attorney was able to broker a plea deal.

The 46-year-old pleaded guilty to a lesser charge and was sentenced to 90 days in jail, a $500 fine and three years probation. The judge cautioned, however, that the 46-year-old could face additional jail time if she violates the conditions of her probation.

This case illustrates how individuals can quickly and easy become caught up in drug crimes involving prescription drugs. In these types of cases, it's critical to secure a skilled criminal defense attorney who is experienced in handling drug crimes matters.

Source: Valley Courier, "Woman gets jail time in drug case," Rudy Herndon, March 13, 2013

Colorado takes steps to set legal marijuana limits for drivers

2013-03-08T16:31:53Z

How high is too high? This is the question that is on the minds of many Colorado lawmakers as they take steps to pass legislation related to so-called stoned driving. Colorado's House Judiciary Committee recently passed a bill that sets limits for legal amount of THC an individual is allowed to have in their system and still be considered sober enough to drive.

]]> The current bill sets that magic number at five nanograms of THC. Critics of the proposed bill, however, contend that it unfairly targets medical marijuana patients or frequent smokers. One opponent of the proposed measure contends that because THC is fat-soluable, it remains in an individual's bloodstream for days after use. Theoretically, this could mean that a person who used marijuana one day could test over the legal limit the following day.

Many against the proposed THC limits also contend that medical marijuana users and frequent pot users have a much higher tolerance for the drug and are therefore not likely to be impaired by levels of THC that, under the proposed bill, would be considered over the legal limit. If pulled over and tested for THC levels, however, these individuals would face criminal charges and also be subject to hefty fines and restricted driving privilages.

The bill is set to be heard by Colorado's House Appropriations Committee next. If it passes, it would then move to a vote by the state house and senate. The passage of such a law would have numerous implications for Colorado residents with medical marijuana licenses as well as those residents who recreationally use marijuana.

Our criminal defense law firm handles drunk driving, drugged driving and other drug crimes cases. Colorado residents facing such charges would be wise to seek legal advice and representation.

Source: The Huffington Post, "Marijuana DUI Bill Passes Colorado House Committee," Matt Ferner, Feb. 28, 2013

Congress urged to amend child pornography sentencing guidelines

2013-02-28T20:56:15Z

The Internet allows individuals to instantly access a wide array of information, videos and photographs. In many cases, an honest mistake or pure curiosity may result in an individual coming across websites or forums that are sexually explicit. Individuals who visit websites and forums that include images or videos involving child pornography may find themselves facing criminal charges.

]]> A recent study conducted by the U.S. Sentencing Commission shows that sentencing guidelines used in cases where an individual is convicted on child pornography charges vary greatly. The commission's study showed that, while sentencing guidelines for child pornography charges exist, many judges do not follow them. Instead, the majority of judges choose to impose more harsh sentences regardless of the specific circumstances involved in a case.

As a result, many individuals face longer than normal sentences behind bars which ultimately cost taxpayers hundreds of thousands of dollars. In response to their findings, officials at the U.S. Sentencing Commission are calling upon Congress to make changes to current guidelines in an effort to better discern between individuals who are serious versus minor offenders.

When looking at potential changes to child pornography sentencing guidelines, the commission recommended Congress take into account things such as the volume of pornographic material seized, whether or not an individual was an active participant in forums and took part in file-sharing activities and the ages of the victims depicted in seized evidence.

Individuals who face charges related to child pornography would be wise to consult with a criminal defense professional who is experienced in handling such matters. A skilled criminal defense attorney can help provide for the best possible legal outcome.

Source: The Washington Post, "Study: Sentencing in child porn cases uneven," Pete Yost, Feb. 28, 2013

Dispensary owners hesitant to expand into recreational marijuana business

2013-02-21T17:28:41Z

The passage of Colorado's Amendment 64 effectively legalized the use of marijuana for adults age 21 and up. Currently, marijuana dispensaries catering to individuals with a medical marijuana license exist throughout the state. The passage of Amendment 64 has raised several questions related to the potential explosion of recreational dispensaries, specifically with regard to potential federal drug charges those operating such businesses may face.

]]> The major unknown factor in the recreational marijuana equation is the federal government. While Colorado state law permits individuals age 21 and over to use and posses up to one ounce of marijuana and grow up to six marijuana plants, federal law still views these actions as criminal.

While the Obama administration has been fairly vocal in admitting they don't plan to aggressively pursue criminal charges against Colorado residents who choose to possess, smoke or grow pot that could change if the recreational marijuana business expands. For many Colorado pot dispensary owners, the threat of possible criminal charges prevents them from expanding their business

In Boulder County alone, more than 500,000 adults are regular users of marijuana. The county currently has distributed 67 grow house licenses and Boulder city has a total of 32 dispensaries. Growing concern over possible federal criminal charges among some within the city and county have lead to measures being proposed that would limit the number of grow house and dispensary business licenses issued. Also, some have proposed measures that would aim to prohibit businesses from expanding into the sale of marijuana for recreational purposes.

Individuals who are facing criminal drug charges related to marijuana would be wise to contact a criminal defense professional. While the passage of Amendment 64 has made many of Colorado's drug laws related to the growing and sale of marijuana more lenient, such criminal charges can still have an adverse impact on an individual's personal and professional life.

Source: Daily Camera, "Boulder County gears up for the wild world of legal weed," John Aguilar, Feb. 10, 2013

Hundreds of Colorado drivers face DUI charges after Super Bowl

2013-02-16T16:51:57Z

Every year, thousands of Colorado sports enthusiasts gather together to watch the Super Bowl. While enjoying the game, many adults over the age of 21 choose to enjoy alcoholic beverages. For more than 400 such Colorado drivers, their Super Bowl party came to an abrupt end when they were arrested for drunk driving over Super Bowl weekend.

]]> Colorado police regularly ramp up DUI patrols during certain holidays or events. This year, the Colorado Department of Transportation joined forces with the Colorado State Patrol in a campaign coined the "Heat Is On". Through increased DUI patrols and checkpoints, state police aimed to pull over suspicious drivers and enforce drinking and driving laws.

Throughout the four-day campaign, Colorado police made a total of 421 DUI arrests. State police plan to carryout similar DUI campaigns during the upcoming St. Patrick's Day celebration weekend.

A DUI arrest can be serious and result in fines, jail time and a permanent criminal record. Oftentimes, at the very least, individuals facing DUI charges face thousands of dollars in fines as well as suspension of their driver's license. A DUI arrest also carries a social stigma that can negatively impact both an individual's personal and professional life.

Individuals arrested and facing DUI charges would be wise to contact a legal professional for advice. A criminal defense attorney who is experienced in handling DUI matters will often be able to ensure for the best possible legal outcome. In many cases, police-collected evidence such as breathalyzer or blood alcohol tests are deemed inadmissible in court and effectively thrown out.

Source: KKTV, "421 Arrested For DUI Over Super Bowl Weekend," Feb. 14, 2013