Colorado Springs Criminal Law Blog

The Colorado Springs Gazette reported recently that the City Council is considering an ordinance allowing the use of video cameras to detect motorists who run red lights. The cameras would be installed this summer. After a brief warning period, scheduled to end in October, the police department would issue citations to motorists who are clearly caught on camera running a red light.

The council is expected to give its final approval to the plan by June 22. If the ordinance is approved, police plan to install cameras at four Colorado Springs intersections. Cameras will be installed on Northbound Nevada Avenue at Bijou Street; on Eastbound Oro Blanco Drive at Barnes Road; and on Westbound Platte Avenue at Murray Boulevard and at Circle Drive. These four intersections are among the fifteen city intersections with the highest number of right-angle crashes.

Police plan for the video cameras to increase safety by decreasing the number of crashes at these intersections. The police department expects to issue about 5,000 citations per month based on the video camera information. Each video will be reviewed by a police officer before a citation is mailed, and people who receive citations will be able to view the video online before they decide whether or not to challenge the citation. The fine for running a red light is $75.

Traffic violations in Colorado Springs can come with heavy penalties, and repeated violations may result in the suspension of your driver's license. If you or someone you know is facing traffic violation charges either for habitual traffic offenses, driving under suspension, speeding, or reckless driving, the skilled Colorado Springs traffic violation attorneys at The Bussey Law Firm, P.C. can help. Please don't hesitate to call us today at 719-475-2555 for a free and confidential case evaluation.

On June 1, based on a U.S. Supreme Court Media report, the U.S. Supreme Court released its ruling in Berghuis v. Thompkins. The ruling states that criminal suspects who want to exercise the “right to remain silent” promised to them by Miranda v. Arizona, must speak up and clearly inform the police of their intention to stay silent. Merely staying silent through a long questioning session is not enough for the right to stick.

The case involved a defendant, Thompkins, who was arrested for allegedly shooting another person. Police informed him of his right to remain silent, and then questioned him for nearly three hours. During these three hours, Thompkins said nothing. Only at the end of the three hours, when the police asked Thompkins whether he prayed that God would forgive him “for shooting that boy,” did Thompkins whisper, “Yes.” This answer was used against him at trial.

For many years, the Supreme Court's decision in Miranda v. Arizona stated that police could not assume suspects had given up their right to remain silent unless the suspect made it clear he or she wanted to talk. In Berghuis, however, the Supreme Court held that police could assume suspects had given up their right to remain silent unless the suspect stated clearly that he or she wanted to keep silent.

In dissent, Justice Sotomayor said, “Today’s decision turns Miranda upside down. Criminal suspects must now unambiguously invoke their right to remain silent—which, counterintuitively, requires them to speak.”

Being accused of a crime can be an overwhelming process in which an arrested individual may not be fully aware of his or her legal rights. If you've been arrested or charged with a crime in Colorado, contact an experienced Colorado defense attorney as soon as possible. A Colorado Springs criminal defense lawyer will make sure your rights are fully protected and fight to win you the best possible outcome. Contact aggressive and skilled attorney, Timothy Bussey, today at The Bussey Law Firm, P.C. Call 719-475-2555 for a free and confidential consultation and to learn more about your legal rights.

A Green Mountain Falls man plead guilty recently to growing 374 marijuana plants at his motorcycle repair shop, according to a recent article in the Colorado Springs Gazette.

Police began investigating the man's repair shop after a neighbor reported seeing several electricians visit the shop on various occasions, as well as an odor of unburnt marijuana coming from the building. While investigating, police also discovered the building's owner had told his neighbor that he wouldn't be “busted” for growing fewer than 100 plants. The building's owner had also offered to install air filters in his building, which cut down on the marijuana scent.

Police then obtained the building's electricity-use records and discovered that the building used five times the amount of electricity used by similar repair shops in the area. Electricity-use records for the man's home showed that his home used four times the amount of electricity used by other neighborhood homes.

In Colorado, the mandatory minimum sentence for having more than 100 plants is five years. However, the defendant in this case qualifies for a lighter sentence under the federal sentencing guidelines' “safety valve” exception, which allows for lighter sentences for nonviolent first-time offenders who cooperate with police. Lighter penalties also apply to growers with fewer than 100 plants.

If you or someone you know is facing a marijuana drug charge in Colorado, please don't hesitate to contact a skilled Colorado Springs marijuana possession defense attorney. A drug crime conviction carries heavy fines and possible jail time. The experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. have extensive experience defending those charged with drug crimes, including marijuana offenses. We will work hard to obtain the best outcome possible for your case. Call us today at 719-475-2555 for a free and confidential consultation.

Even if a person doesn’t know the specific name of their rights, most Americans are familiar with their Miranda rights. Television shows frequently depict police reading a suspect these familiar rights, which begin “you have the right to remain silent....”

The Miranda rights are named after the U.S Supreme Court case Miranda v. Arizona, in which the Supreme Court ruled that police who take a suspect into custody and plan to interrogate him or her must inform that suspect of certain specific rights. The Miranda rights are:

1. The right to remain silent. As a criminal suspect, you have the right not to say anything or answer any police questions. The police must also warn you that, if you choose to talk to the police, whatever you say may be used against you in court.


2. The right to an attorney. You have the right to have an attorney present at any police questioning, and you have the right to receive advice from that attorney and to act on it. Also, the police have to inform you that if you can't afford an attorney, you have the right to be provided one free of charge during police questioning.

After reading you these rights, a police officer will often ask if you understood them. The officer may also ask you to sign a sheet of paper stating that you agree to waive, or give up, your rights. Never sign a paper that states you have agreed to waive your Miranda rights. Waiving your rights means anything you say can be used against you in court, without a legal challenge.

If you've been arrested or charged with a crime in Colorado, contact a skilled Colorado defense attorney as soon as possible. An attorney can help you receive full legal protection while seeking the best possible outcome of your case. The experienced criminal defense lawyers at The Bussey Law Firm, P.C. in Colorado are ready to help. Call today at 719-475-2555 for a free and confidential consultation.

The number of most serious crimes dropped off significantly in Colorado Springs in 2009, says a report in The Gazette. However, the number of reported sexual assaults increased by 2 percent. However, this was a smaller increase than in previous years. In 2007, sexual assaults rose 11 percent and Colorado sexual assaults rose 17 percent in 2008. This smaller increase may be because sex crimes are now handled by separate units within the police department.

Overall crime in Colorado Springs declined nearly 8 percent from the previous year. The largest drop was a 37 percent decline in murders, with 24 murders in 2008 and 15 murders in 2009. There were also decreases in other types of Colorado Springs crimes: thefts, burglaries, aggravated assaults, and motor vehicle thefts. Identity thefts, scams and forgeries also dropped, possibly in part because many law enforcement agencies increased their warnings to citizens to be careful in guarding personal information and to be wary of scams.

The percentage of crimes solved in Colorado Springs went up, from 25 percent to 26 percent. In addition, police fielded fewer calls (only 300,000 versus 292,000 in 2008) and issued fewer traffic tickets in 2009 than in 2008.

If you have been charged with a crime in Colorado, you may face very serious consequences if convicted. While being arrested for a criminal offense can be an overwhelming and even a confusing experience, an experienced Colorado Springs criminal defense attorney can help you understand your legal rights, making sure those rights are defended. Defense attorney Timothy Bussey has significant experience defending individuals charged with a variety of crimes in Colorado. His team will put together an aggressive defense to ensure that your rights are being protected. Contact us today for a free consultation by calling 719-475-2555.