Colorado Springs Criminal Law Blog

According to The Denver Channel, a recent bill introduced to the Colorado House Judiciary Committee may change the process Colorado residents must go through before obtaining a concealed weapons permit.

House Bill 1205 was introduced by State Representative Chris Holbert, who wants to get rid of the permit process altogether. Holbert believes that carrying a gun is not a privilege; it is a constitutional right and not something a person should be required to apply for, particularly if they do not have a previous criminal background.

Many gun owners support the proposed bill, but others oppose it, saying the concealed weapons permit process is likely in the best interest of the public. Currently, the bill is in the House Judiciary Committee for review.

Under Colorado law, to obtain a concealed weapons permit, certain criterion must be met. For example, a person must be a Colorado resident, at least 21-years-old, not an “unlawful user of or addicted to a controlled substance,” does not have a restraining order against them at the time the application is submitted, and more. During the application process, an applicant must be fingerprinted, undergo both a state and national criminal history check, have a full-frontal view photograph in color of their head taken within 30 days of when the application is submitted, and demonstrate competence with a handgun. An individual can submit a training certificate from a “handgun training class” taken within 10 years of when the application is submitted.

Many people facing weapons violation charges in Colorado own handguns but did not realize they were breaking the law. For example, if you legally owned a handgun, and were threatened by someone with bodily harm, and began carrying the gun with you before obtaining a permit, you could face a concealed weapon violation charge.

Colorado gun laws are very complex, which is why it may be in your best interest to seek the counsel of a Colorado Springs gun crime defense attorney if you have been charged with a weapons offense. Timothy Bussey is a highly skilled lawyer at The Bussey Law Firm, P.C. and has spent many years successfully defending the rights of gun owners who have been charged with a crime in Colorado. Call Mr. Bussey at 719-475-2555 to schedule a free consultation today.

According to The Colorado Independent, a bill was recently proposed that could have outlawed medical marijuana in Colorado. However, it was pulled before it came before a committee on Thursday, February 10.

House Bill 1250 was proposed by Representative Cindy Acree (R-Aurora), who stated the bill was not a “pot brownie killer.” Lobbyists working on the bill say medical marijuana is safe in Colorado and that they will work with Acree to revise the bill to ensure it better suits her intentions. Acree has said the aim of the bill was never to do away with consumable medical marijuana products, but rather to guarantee medical marijuana would be treated as a medicine to prevent children from believing it was candy. For example, Acree wants to prevent sodas that are infused with marijuana, such as those made by Canna Catering in California, from entering Colorado.

According to a lobbyist contracted with the Medical Marijuana Industry Group (MMIG), Acree has agreed to three changes to the bill: the medical marijuana edibles will need to be manufactured in the state to keep interstate commerce problems from arising; the edibles will need to be marketed as medicine; and the edibles will need to be clearly marked with a medical marijuana patient’s ID number in case a child gets a hold of it. The lobbyist reports that fines as well as the loss of a patient’s medical marijuana card were discussed as potential penalties for non-cooperation.

The bill is expected to return to the committee sometime in March.

With laws that are constantly changing, it can be difficult for a resident of Colorado to know what their legal rights are in regards to medical marijuana. If you have been charged with a marijuana offense in Colorado, contact Timothy Bussey, experienced and skilled Colorado marijuana defense lawyer at The Bussey Law Firm, P.C. Mr. Bussey can help you understand your rights and recommend the best course of action regarding your specific situation. To schedule a free consultation, call 719-475-2555.

A recent bill introduced in the Colorado House Judiciary Committee would allow people accused of crimes the opportunity to make amends with victims instead of imprisonment, The Denver Post reports.

According to the article, the bill, House Bill 1032, emphasizes “restorative justice”. This favors restitution instead of an offender being sent to prison. It also encourages dialogue between victims and offenders.

Under Colorado law, restorative justice is already an option for juveniles during their advisement, plea entry, sentencing, or probation. However, if passed, the bill would make many of those stipulations mandatory. It would also give adults an option for restorative justice. Furthermore, the bill would instruct the Colorado Department of Corrections to employ a policy to create victim-offender dialogues.

Bill supporters believe the option would encourage those convicted of crimes to take responsibility for their actions. Supporters also say that prison doesn’t always prevent people from reoffending. Those in favor of the bill think it would be beneficial for offenders to engage in dialogue with victims for both to see the other’s perspective. However, critics have issued concerns that defendants could possibly admit guilt before they’re convicted of a crime under the option. According to Doug Wilson, the head of the Colorado Public Defender’s Office, those who select the restorative justice option should be given protection so that any information divulged about their case can’t be later used against them, and hopes such provisions will exist in the bill, if passed.

The Colorado criminal defense lawyers at The Bussey Law Firm, P.C. have successfully handled hundreds of criminal law cases. If you or someone you love has been charged with a crime in Colorado, contact our attorneys today to learn about your legal options. Call 719-475-2555 to schedule a free consultation today.

A Colorado pot grower who said he was growing medical marijuana in his home in Denver was recently sentenced to five years in federal prison on drug charges, reports The Denver Post.

In a plea bargain with federal prosecutors, the man plead guilty to three drug charges after his home was raided in February of 2010 and over 100 marijuana plants were found in his basement. In Colorado, the mandatory minimum sentence for having more than 100 marijuana plants is five years.

During the sentencing hearing, the judge for the case said the man failed to follow state law because of the number of plants he was growing. The man was also found to have violated the law because he grew marijuana and had never met any of the patients using it.

According to the article, the raid was prompted after the man was interviewed by KUSA-TV. Federal agents said they targeted the man because they believed he was growing more marijuana than allowed by Colorado law, and also because the man lived close to a school and had previous convictions for drug offenses.

The man was arrested just a few months after the Justice Department announced a new policy that stated authorities should not target those in compliance with their state laws regarding medical marijuana. However, authorities are required under the new policy to still be on alert for those who pose as medical marijuana operators but are marketing marijuana illegally. According to the memo from the Justice Department, some indications that people are not in compliance is if the amount of marijuana and the financial gain are not consistent with what is permitted under state law.

The limits in Colorado surrounding medical marijuana cultivation are flexible, and permit growers to make the case that it is medically necessary to grow more marijuana. However, the article states that the man was barred from using state law in his defense. The man’s attorney believes that the court’s decision was not fair because the man was targeted for allegedly violating state law.

If you are facing marijuana drug charges in Colorado, contact Timothy Bussey, skilled Colorado Springs marijuana defense attorney at The Bussey Law Firm, P.C. He has many years of experience successfully defending those who have been charged with drug crimes in Colorado, including marijuana offenses, and will work hard to receive the best possible outcome for your case. Call Mr. Bussey today at 719-475-2555 to schedule your free consultation.

On Tuesday, January 25, a judge ruled that there was barely enough evidence to try a Colorado Springs man to stand trial on charges of drug possession and conspiracy, reports The Colorado Springs Gazette. The man’s former $1 million home purportedly tested positive for methamphetamine.

The judge said the evidence was “pretty close to the line” of what was required, but stated it was up to the jury to decide the man’s case. After a preliminary hearing, the man pleaded not guilty to the charges.

According to investigators, on November 12, 2010, Colorado Springs police arrested the man and his son after a report by an independent industrial hygienist detected meth in the man’s former home in northwest Colorado Springs. Currently, the house is involved in a lawsuit that was filed in September of 2010 by a couple who purchased the house but allegedly could not move in because of drug contamination.

The investigation reportedly began after the man’s ex-wife sent police the report from the hygienist, along with photographs of the home that allegedly showed ammonia, aluminum foil, and rubber tubing that appeared to have crystals formed on it. However, the man’s attorney has argued that prosecutors have failed to show any evidence that meth was manufactured at the house or that the man was aware of it.

The man, who is a former scientist who worked on rocket technology software, is now unemployed and living in a motel as a result of the allegations made against him.

Contact attorney Timothy Bussey if you have been charged with a drug crime in Colorado. Mr. Bussey is a highly skilled and experienced Colorado Springs drug possession lawyer who can help you understand the charges made against you. He has successfully handled many drug crime defense cases and knows what to look for when building a strong case. Mr. Bussey will carefully examine your case and do what it takes to win the best possible outcome. Call Timothy Bussey at 719-475-2555 to schedule your free consultation today.