Colorado Springs Criminal Law Blog

A man facing murder charges in Colorado may go free if the court finds his right to a speedy trial has been violated, according to local news channel KRDO. The defendant was arrested in September 2008 and charged with stabbing and killing a 38-year-old man outside a Pueblo bar. A year and a half later, his trial has still not begun.

Under Colorado law, setting a trial date is the prosecutor’s responsibility. The prosecutor has six months to bring a defendant to trial after the defendant enters his not-guilty plea. In this case, the first trial date was withdrawn after the court learned that an investigator for the public defender’s office had an inappropriate relationship with one of the prosecution’s witnesses in this case. For unknown reasons, a second trial date was never set.

The defendant and his current attorney are seeking to have the case dismissed because of the year and a half delay in bringing the defendant to trial. They state that the delay has violated the defendant’s right to a speedy trial under both the U.S. Constitution and the Colorado Constitution.

In the United States, when someone is charged with a crime, the U.S. Constitution and the state constitutions provide the accused with certain legal rights. When these rights, such as the right to a speedy trial, are violated, they undermine the accused person’s ability to receive a fair trial. Protecting your rights when you’ve been charged with a violent crime is the top priority of an experienced Colorado violent crime attorney. At The Bussey Law Firm P.C., our lawyers strive to make sure your rights are respected while seeking the best possible outcome in your case. If you have been accused of a crime in Colorado, please call The Bussey Law Firm P.C. today at 719-475-2555 for a free and confidential consultation.

The U.S. District Court for the District of Colorado struck down the federal Stolen Valor Act recently, holding that the law violates the First Amendment right to free speech and is therefore unconstitutional. The Stolen Valor Act, which was passed in 2005, made it a crime to falsely present oneself as having earned any kind of military decoration or medal.

In this case, known as U.S. v. Strandlof, the defendant was charged with having violated the Stolen Valor Act by having lied about receiving a Purple Heart and a Silver Star. The defendant argued that the criminal charges violated his First Amendment right to free speech. The government argued that the defendant’s lying about his military awards was not “political,” and therefore not the type of speech the First Amendment should protect.

The district court sided with the defendant, holding that the Stolen Valor Act does violate the First Amendment and that the government should not be allowed to dictate what does and does not count as protected speech.

Lying about one’s military honors may be uncouth, but this court held that protecting free speech is more important than charging alleged liars with crimes. If you have been charged with a crime in Colorado, you also have a number of Constitutional rights. To ensure your rights are fully protected, contact a skilled Colorado Springs criminal defense lawyer as soon as possible. The experienced criminal defense attorneys at The Bussey Law Firm P.C. will fight to protect your Constitutional rights in a court of law and earn a favorable verdict. Schedule a free and confidential case evaluation with The Bussey Law Firm P.C. today by calling 719-475-2555.

The American Civil Liberties Union has asked the Federal Bureau of Investigation to reveal records relating to the FBI’s use of race and ethnicity data in its criminal investigations, according to PR Newswire. The request covers FBI field offices in 29 states, including Colorado. The ACLU’s position is that this data could be used by the FBI or by local law enforcement officers for unconstitutional racial profiling.

The FBI has recently begun exercising its power to collect race and ethnicity data in order to help the agency better understand various localities in the U.S. The FBI has been collecting race and ethnicity data since 2009, but very little is known about the procedures the FBI uses to collect the data or what the agency does with it once they have it.

The ACLU sees the data collection as “a race-based domestic intelligence program with…troubling implications for civil rights,” according to ACLU staff attorney Melissa Goodman. One major concern is that the FBI or other law enforcement agencies will step up patrols and even arrests in areas high in racial and/or ethnic minorities with no evidence that crime is actually higher in these areas. This puts an unfair burden on racial and ethnic communities and also wastes law enforcement resources, which are best used when targeted specifically to areas experiencing high crime in Colorado and nationwide.

Unfortunately, racial profiling is a real concern for minorities throughout the United States. If you have been arrested for or charged with a crime, please contact an experienced Colorado criminal defense attorney. The criminal defense lawyers at The Bussey Law Firm P.C. will help you discover if racial profiling or other law enforcement misconduct played a role in your case, and will fight to protect your Constitutional rights while seeking the best possible outcome for your case. Call The Bussey Law Firm P.C. today at 719-475-2555 to schedule a free and confidential consultation.

A footprint made in blood and depicting a K-Swiss running shoe led police to arrest a slain man’s roommate recently, according to an article in the Colorado Springs Gazette. The roommate has been charged with first-degree murder in Colorado Springs for allegedly stabbing the victim to death.

The accused man was arrested two days after the murder. He told police that he had only knocked on the apartment door the day the victim was found dead. He said he did not go inside, did not know the victim, and did not live at the apartment. However, the victim’s other roommate, who found the body, said that he and the victim shared the apartment with the accused man.

Other eyewitnesses have also come forward. One woman said she saw the accused carrying two duffel bags and walking quickly away from the apartment building several hours before the victim’s body was discovered. While investigating, law enforcement officials found a shoe print on a bed sheet used to cover the victim’s body. Police have yet to find the knife they say was used to kill the victim.

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