Colorado Springs Criminal Law Blog

Colorado law enforcement agencies will soon have access to federal immigration and criminal databases allowing them to promptly identify illegal immigrants at the time of an arrest. According to this news report, the U.S. Immigration and Customs Enforcement's Secure Communities program allows police officials to check fingerprints of people under arrest against the Federal Bureau of Investigation's criminal history records as well as the Department of Homeland Security's immigration records.

Colorado will become one of 10 states in the nation that participate in this program including California, Florida, Massachusetts and Texas. ICE is apparently planning to roll out the program nationwide, with parts of Colorado beginning to participate this year. How is this different from the current system? Instead of calling immigration officials and waiting for an answer, local law enforcement officials will be able to instantly screen all arrestees for immigration status.

If you have been arrested on suspicion of a crime or charged with a crime in Colorado, you are already facing serious consequences. They may include jail time, hefty penalties, losing your driving privilege or your professional license. In addition to all those consequences, now an arrestee in Colorado also faces the instant possibility of being deported.

Continue reading " Colorado Officials Will Instantly Screen Arrestees' Immigration Status " »

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Posted In: Criminal Charges , Law & Information

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Not many parents and teens realize it. But when a teenager uses his or phone to exchange nude pictures of themselves, it could be treated as a sex crime in Colorado and a teenager may even have to register as a sex offender. According to this news report, when it comes to the issue of sexting, technology has outpaced the provisions of Colorado criminal law.

A number of counties are slowly realizing that these teens don't need to be sent to jail or marked as a sex offender. What they really need is counseling about the importance of self- respect – respecting their own bodies and developing a sense of self-esteem. However, some law enforcement agencies in Colorado will not hesitate to prosecute sexting as a sex crime because according to Colorado law, it falls under distribution of child pornography or sexual exploitation– very much a sex crime. Right now, sexting can fall under the sexual offender laws, which makes the penalties pretty severe for what is a consensual act among minors. In fact, it is a felony and the county prosecutors will have to treat these cases as such, whether or not they want to do that.

This news report reminds us that we as parents have an important responsibility in this digital age to closely monitor how our teens use their cell phones.

Continue reading " Sexting Can be Prosecuted as a Sex Crime in Colorado " »

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Posted In: Criminal Charges , Sex Crimes

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Colorado park rangers are warning drivers about boating under the influence this summer. According to this news report, Colorado's boating under the influence laws became harsher in August with the limit for boating under the influence lowered from the 0.10 blood alcohol content to match the state's driving under the influence laws at 0.08 percent. Officials say this new law gives rangers more leeway in determining whether a boater is intoxicated. The methods that rangers use to determine a potentially drunk boater are similar to tests used on roadside sobriety checks.

Rangers typically do safety inspections on boaters or stop them if they see boaters acting recklessly or operating their vessels dangerously. The sobriety tests are a little different from those done on the road because the tests usually include a 20-minute wait on the shore to remove the possibility that a person may be off-balance because of being on the water. Sentences for first-time offenders for boating under the influence in Colorado could range from five days to six months in jail and a fine of $100 to $1,000, and as many as two years probation and a mandatory three-month ban on boating in state waters.

Continue reading " Boating Under the Influence Laws Stricter in Colorado " »

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI

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Colorado Springs Police have arrested two men on suspicion of theft and various traffic violations. According to this KOAA news report, motorcycle officers tried to make a traffic stop on a Hyundai for a defective windshield. However, the car driver did not stop, ran a stop sign and then crashed into a retaining wall while trying to turn into an alley, police said. Police pursued the driver and a passenger on foot and arrested them. The car was stolen, the report says. The driver of the car faced theft charges, multiple traffic charges and had three outstanding felony warrants. The passenger was served and released on theft charges, the report states.

Theft charges in Colorado are usually categorized into petty theft and grand theft – depending on the value of the items stolen. In cases where it involves auto theft, it will most likely be a felony charge. Traffic charges can also land you in quite a bit of trouble. If you are a repeat traffic offender, you run the risk of your license being suspended or revoked.

Continue reading " Colorado Springs Police Arrest Two for Theft, Traffic Violations " »

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Posted In: Criminal Charges , Theft Defense , Traffic Violations

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