Colorado Springs Criminal Law Blog

Although serious crime in Colorado Springs had been steadily declining in recent years, 2010 marked an abrupt increase in serious crime reports from 2009. According to a news report in The Gazette, serious crime rose 12 percent from 2009 to 2010 and the number of crimes solved fell nearly 4 percent.

Serious crimes such as auto theft, burglary, robbery, aggravated assault, larceny, and homicide rose anywhere from just less than one percent to 21 percent. These increases do not compare to that of the increase in the number of Colorado Springs police officers assaulted. In 2009, 29 officers were assaulted, but in 2010, that number rose by 59 percent to 46 reported cases.

There was change for the better is 2010, however. There were increases in most serious crimes, but incidents of rape in Colorado Springs dropped from 2009 to 2010. Reports of rape had increased 36 percent in the years between 2005 and 2009, but according to the latest statistics, 2010 saw an eight percent drop in the number of rapes from 2009. In addition to the decrease in rape incidents, statistics show that police were able to solve more rape cases, robberies, and aggravated assaults than in 2009. Also, the number of calls for help decreased by one and one-half percent from 2009 to 2010.

Serious crimes, or felony crimes, in Colorado Springs occur on a regular basis, though trends and numbers change from year to year. Being accused or charged with a felony crime is very serious. A proper defense is necessary to ensure that your legal rights are not being violated. The skilled Colorado felony crime defense lawyer, Timothy Bussey, of The Bussey Law Firm, P.C., will build that proper defense and ensure that you are treated justly. Call today to learn more about how Mr. Bussey can help you at 719-475-2555.

Generally, Colorado law states that a person is prohibited from driving any vehicle while under the influence of alcohol or drugs (DUI), or driving while ability impaired by alcohol or drugs (DWAI). A person is considered DWAI if their blood alcohol content (BAC) is determined to be more than 0.05, but less than 0.08. Picking up where DWAI leaves off, a person is considered DUI if their BAC is at least 0.08. If a person’s BAC is much higher, they may be considered a “persistent drunk driver” and thus be subject to harsher penalties.

A person’s BAC can be identified from a variety of tests: Blood, breath, urine, or saliva. If a person refuses to take any of these tests when requested to do so, that refusal is admissible in court as well as grounds for revocation of a driver’s license. Depending on the results of one of these tests (or the refusal of), the Colorado court and the Colorado Department of Revenue will impose both criminal and administrative penalties respectively.

The severity of Colorado DUI/DWAI criminal penalties and administrative penalties is determined by the person’s BAC, as well as any previous offenses. If the offender is under 21 years of age, a separate set of penalties are imposed. Additionally, if an injury or death is associated with the DUI/DWAI, consequences will be more severe. The general range of criminal DUI and DWAI penalties for persons over the age of 21 is as follows:

• As short as 2 days, or as long as 1 year in jail;


• Fines of up to $1,500; and


• A minimum of 24 hours of public service and a maximum of 120 hours.

Colorado administrative penalties are as follows:

• 3 months to 2 years driver’s license suspension (1st DWAI violation excluded); and


• Zero to 12 points against one’s driver’s license.

It is essential that anyone charged with a DUI or DWAI in Colorado be well informed of their rights, as well as the potential consequences. If you have been charged with a DUI or DWAI in Colorado, an experienced Colorado Springs DUI defense lawyer can help you determine the best course of legal action. The knowledgeable Colorado criminal defense attorney, Timothy Bussey, of The Bussey Law Firm, P.C., has the skills and resources to build a strong defense on your behalf. Call 719-475-2555 for a free initial consultation.

A four month investigation ensued after Colorado Springs police were called to look into a possible sexual assault at the end of 2010. According to KKTV.com, the investigation led to the arrest of an adult church volunteer that had been allegedly engaging in improper sexual conduct with a female minor, and possibly others. He is being charged with “Sexual Assault on a Child by One in a Position of Trust,” which is a felony crime in Colorado.

According to Colorado sexual offense statute 18-3-405.3, “Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.”

Being charged with a sexual assault crime in Colorado can be very complicated due to specifications and qualifications applied to the appropriate law. It can also become complicated because sex crimes are dependent on various details and specific evidence. Because of these issues, it is essential that a person arrested for a sex crime understands and exercises their legal rights. The best way to ensure one’s legal rights are not jeopardized is to retain the services of a knowledgeable Colorado criminal defense lawyer.

The experienced Colorado Springs sexual assault crime defense attorneys at The Bussey Law Firm, P.C., will ensure that there is no violation of your legal rights and will work diligently to build a strong defense on your behalf. If you have been arrested, please call us for a free initial consultation at 719-475-2555.

Colorado Springs has a population of over 400,000 as of 2010. It is the second most populated city in Colorado, behind Denver, the capitol. The city covers approximately 186 square miles, which makes it the largest Colorado city in area. Colorado Springs is located roughly one mile above sea level at the base of the infamous Pikes Peak, a mountain in the Front Range of the Rocky Mountains. The city is the headquarters of the U.S. Olympic Committee and is also home to the U.S. Olympic Training Center. Additionally, many U.S. national federations representing individual Olympic sports are headquartered in the city, including the U.S. Fencing Association, U.S. Figure Skating Association, USA Basketball, USA Hockey, USA Table Tennis, and USA Volleyball. The city has also hosted the World Figure Skating Championship five times. Recently, Money magazine selected Colorado Springs as the Best Big City in its “Best Places to Live” feature.

As a heavily populated city, law enforcement officers in Colorado Springs often make arrests for a wide range of felony crimes. The U.S. federal government defines a felony as a crime that is punishable by death or by a prison term of at least one year. Crimes with less harsh penalties are classified as misdemeanors. In comparison to other large cities in the U.S., Colorado Springs’ crime rate is relatively low. In 2009, the Colorado Springs Police Department reported 1,084 aggravated assaults, 15 murders, 342 rapes, and 252 robberies. These statistics result in a violent crime rate of approximately 4.8 per 1,000 Colorado Springs citizens.

Statistics regarding other felony crimes in Colorado Springs, such as:

• Domestic violence


• Drug crimes, including marijuana


• Pornography crimes


• Sex crimes


• Weapons violations


• White collar crimes

have yet to be released by the Colorado Springs Police Department for 2010. These types of Colorado Springs felony crimes can be difficult to track. For example, many instances of domestic violence go unreported, and oftentimes state drug crimes are prosecuted at the federal level.

Although we would like to believe that improper arrests, false accusations, and wrongful convictions are never made, this is not the case. Those who have been accused of a felony in Colorado Springs would have it in their best-interest to seek the council of a skilled and experienced Colorado Springs criminal defense attorney to ensure their legal rights are protected.

The Colorado Springs felony defense lawyers at The Bussey Law Firm, P.C., have a long history of successfully helping those who have been charged with various felonies across the state, including drug crimes and weapons offenses, as well as DUI charges. If you are facing a felony charge in Colorado, call our law office at 719-475-2555 today.

The Colorado House of Representatives recently passed a bill that would place limits on how much marijuana drivers could have in their systems and still be allowed to legally drive, according to The Denver Post.

House Bill 1261 allows police to test motorists suspected of driving under the influence of marijuana for THC, which is a component of marijuana. The bill set the limit for driving at five nanograms of THC per milliliter of blood. However, many disagree over whether that limit is too high or too low. THC levels fluctuate in the body unpredictably, and it is difficult to determine how much marijuana a user could consume and stay below the limit. Researchers say that some marijuana users who have developed a high tolerance may be sober at levels above five nanograms, while some may be unsafe to drive at much lower levels.

In 2010, the state health department analyzed over 1,500 blood samples from drivers suspected of driving while under the influence of drugs. Only 29 percent came back with a high enough level of THC to be above the limit set in the House bill.

Currently, the police take blood samples from those drivers that they believe are driving under the influence of marijuana. If a motorist tests below a certain limit, they can still be charged with driving while drugged, but it’s harder for district attorneys to show they are impaired. Opponents of the bill point out that under the bill, if a driver is under the influence of marijuana, it will most likely be harder to prosecute them for drugged driving if the driver is under the limit, even if the driver is driving erratically.

Are you currently facing marijuana charges in Colorado? If so, contact experienced Colorado marijuana defense attorney Timothy Bussey. Mr. Bussey has extensive experience in defending clients against marijuana charges, as well as those charged with other drug crimes and DUI. Call Mr. Bussey today at 719-475-2555 to learn more.

In 2006, Colorado eliminated the sentence of life without the chance of parole for juvenile offenders. However, 45 prisoners in the state facing that sentence were left with little possibility of freedom. The Denver Post reports that a bill is before the House Judiciary Committee this month that seeks to retroactively apply the law to those prisoners.

House Bill 1287, co-sponsored by State Representatives Claire Levy (D-Boulder) and B.J. Nikkel (R-Loveland), would apply the 2006 law to the 45 prisoners retroactively, making the juveniles who were convicted and sentenced as adults qualified for parole after serving 40 years. Before 2006, teens that were sentenced faced lifetime prison sentences without the possibility of parole.

While the proposed legislation mainly expands coverage of the existing law, a spokesperson for Attorney General John Suthers says that the office of the attorney general is opposed to it. According to the spokesperson, the attorney general disagrees with changing the sentences because victims and their families have long believed that those who were convicted of a crime against them will never leave prison. The spokesperson also said there may be a legal conflict between the governor’s ability to pardon convicted criminals and a stipulation in the bill that allows the Department of Corrections to relocate the prisoners to a community corrections program with reduced security.

Levy has stated the opposition from the attorney general does not surprise her but urges them to look more closely at the situation. She says, “They need to step back and think whether this is the best for these kids. We need to do the right thing.”

As this debate shows, when a juvenile is tried as an adult, the stakes are high. Depending on the severity of the charges, a juvenile may face a lengthy prison sentence, which would forever alter the course of their lives. During this difficult time, it is vital to have experienced and skilled representation fighting for your child’s rights if they have been charged with a crime in Colorado. Timothy Bussey at The Bussey Law Firm P.C. is a Colorado juvenile criminal defense lawyer who has successfully defended many juveniles who have faced severe penalties. To learn more, call 719-475-2555.

The Denver Post reports that the Colorado Board of Health is considering tighter restrictions regarding whether a physician who has a condition on their medical license should be permitted to recommend medical marijuana to patients. Also under consideration is how well a physician should know a patient before recommending the drug.

According to the article, the regulations proposed would require a “genuine” relationship between patients and physicians before medical marijuana is recommended. The goal is to discourage “marijuana mills,” places where doctors recommend marijuana to a patient after a brief visit. Last year, the applications of over 1,300 people applying for a medical marijuana card were rejected by health officials since their recommendations were from doctors who had license conditions. An example of a condition would be a surgeon who is banned from performing surgery after developing arthritis. The proposed rules would require a physician to have an “unrestricted, unconditioned” license before they are able to recommend marijuana.

Along with the Colorado Medical Society, physicians argue that banning all doctors who have license conditions is too extensive, and note doctors whose conditions don’t have an effect on their ability to recommend marijuana. Conflictingly, another bill is in the Colorado House that would permit doctors with license conditions to request permission from the Colorado Medical Board to recommend marijuana to patients. Moreover, assuming their condition is not related to recommending the drug, they would be able to write recommendations for patients.

The regulations proposed regarding patient-physician relationships would make it mandatory for a doctor to fulfill a full evaluation of a patient’s medical history as well as an assessment of their own physical condition before making a recommendation. Previously, Colorado regulators rejected proposals requiring physicians to see a patient more than one time before recommending medical marijuana.

If passed, the proposed regulations before the Colorado Board of Health would be among the strictest regulations governing physicians and marijuana in the United States. Five other states and Washington, D.C., require a “genuine” patient-physician relationship before a medical marijuana recommendation.

Many Coloradoans are confused about medical marijuana laws, and what’s legal, and what isn’t. The fact is the laws are changing constantly, and if one doesn’t pay attention, they may find themselves facing marijuana drug charges. If you have been charged with a marijuana-related offense in Colorado, contact Timothy Bussey. Mr. Bussey is a Colorado marijuana defense lawyer at The Bussey Law Firm, P.C., and can compile a strong defense on your behalf. Call 719-475-2555 to learn more.

The Colorado Connection reports that the Colorado Bureau of Investigation (CBI) recently released data in regards to “Katie’s Law,” a law that was passed in late September 2010 in Colorado.

“Katie’s Law,” which is named after a 23-year-old girl who was murdered in 2003 in New Mexico, makes it mandatory for all adults who are arrested for felonies to give a sample of their DNA to police. Before the law was passed, only people who were convicted of a felony were required to provide authorities with a DNA sample. Since the law went into effect in Colorado four months ago, suspects in 40 older cases, 10 of which were in Colorado Springs, have been identified, according to the CBI. Almost 10,000 samples have been processed since the passage of the law. These samples identified suspects in old cases for 15 burglaries, 14 other property crimes, nine sexual assaults, and two robberies. Over 15,000 samples have been collected by officials since September, which means many samples still need to be processed.

To collect DNA, law enforcement officials take a swab of the inside of a suspect’s cheek. The CBI collects the DNA samples and processes the DNA profiles once charges are filed against a suspect. Then, the DNA is run through a data system to be evaluated with DNA taken from crime scenes across the state. The cost of the DNA testing materials and its processing is $2.50. Only those who are found guilty of their offense, traffic infractions included, are charged with the processing fee.

About half the states in the U.S. have passed some variation of Katie’s Law. Twelve states that have passed the law require anyone arrested for a felony to submit DNA, as is the case in Colorado. The other states require arrestees to submit their DNA for certain felony crimes.

Being arrested in Colorado can be a very intimidating experience. It is important for you to know your legal rights and that, with skilled representation, you may be able to have the charges reduced or dropped altogether. If you have been charged with a crime in Colorado, contact the Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. Our extensively trained and experienced lawyers will carefully examine the details of your arrest and put together an aggressive defense on your behalf. For a free consultation, call 719-475-2555.