Colorado Springs Criminal Law Blog

As discussed in last week’s article, in order to avoid the consequences of violating Colorado probation, it is necessary to understand the system. It is not the basic principles of Colorado probation that would cause the most confusion for offenders, however, but the specific rules for the particular types of Colorado probation.

There are multiple probation programs in Colorado, some much more intensive than others in their required conditions. In addition to regular adult/juvenile probation, there are various intensive offender programs for high-risk offenders that meet certain criteria. The intensive programs provide specialized assessments, electronic monitoring, educational assessments, offense-specific treatment, literacy and employment programs, and cognitive training. Daily contact with the offender, curfews, home visits, and increased levels of drug testing are common conditions for these intensive programs:

• Adult Intensive Supervision Probation (AISP);
• Juvenile Intensive Supervision Probation (JISP);
• Female Offender Program (FOP); and
• Sex Offender Intensive Supervision Probation (SOISP).

Other probation programs include:

• Private Probation – for lower risk offenders; and
• Alcohol and Drug Driving Safety (ADDS) – for higher risk DUI and DWAI offenders.

In 2010, 23,482 adult and juvenile offenders were sentenced to a state or private Colorado probation program. Of this number, 3,758 offenders had their probation revoked for a technical violation, new misdemeanor, or new felony. Oftentimes, technical violations of Colorado probation are unintended and are the result of confusion concerning the terms and conditions. If probation is revoked, an offender may be re-sentenced to probation, community corrections, jail, or prison.

Regardless of intent or type of violation, if you have violated your probation, a skilled Colorado Springs probation violation defense lawyer at The Bussey Law Firm, P.C., can provide you with the legal representation you need to avoid excessive penalties. Please call us immediately for a free initial consultation at 719-475-2555.

As an experienced Colorado probation violation attorney at The Bussey Law Firm, P.C., Timothy Bussey understands the complexities of Colorado probation and its various programs. Mr. Bussey also knows that it can be very difficult and confusing to keep track of the conditions of these programs. Many people assigned to probation commit violations without realizing it because they are not aware of or do not understand the conditions of their particular program. In order to avoid penalties for unintended probation violations, it is essential to understand the Colorado probation system. This is the first of a two-part article that will cover the basics of Colorado probation as well as the types of probation programs and their conditions.

The Colorado Judicial Department authorizes and oversees both juvenile and adult probation in Colorado’s 22 judicial districts, including 23 probation departments in more than 50 probation locations across the state. Generally, if a person is convicted of a crime in Colorado, they may be sentenced to probation, community corrections, jail, prison or to the Division of Youth Corrections if the person is a juvenile. A probation order is given by the Court after an adult offender pleads, or is found guilty of a felony or misdemeanor criminal charge. The terms and conditions of probation that the offender must abide by are also set by the Court.

Colorado probation may be supervised or unsupervised. Adults who are “low-risk” offenders may not have supervision conditions in the terms of their probation. Those adult offenders that do require supervised probation are required by law to pay a supervision fee of $50 per month. Other fees or fines may also be required as one of the probation conditions. The appointed probation officer would make any scheduling arrangements for the payment of Colorado probation fees.

The conditions of probation can be extensive and complicated. Although some conditions may be obvious, such as being required to obey the law, others can be very specific and pertain to the individual offender. If you have been sentenced to probation in Colorado, it is imperative that you understand the terms of your probation so that you can abide by them.

Please check back next week for the second of this two-part series where we will be discussing the different types of Colorado probation programs.

Recently, retail stores along Colorado’s interstate highways have been hit by alleged shoplifting rings, often authorities believe involve drug gangs, according to TheDenverChannel.com. Reportedly, these organized criminals shoplift from store after store, often using much more elaborate methods as compared to the everyday Colorado theft.

Several people, or teams, allegedly enter the stores and work together to completely clear the shelves of everyday products, such as aspirin and baby formula. Store surveillance cameras have recorded a woman filling a baby stroller with baby formula and then putting a blanket over it; another captures a team of women loading a shopping cart.

Supposedly, most of these stolen goods end up being sold on the Internet. A 7News reporter notes that there are multiple websites where consumers can purchase baby formula other than an official distributor. Some stores are labeling their products with special stickers to designate where they came from.

These alleged shoplifting rings pose a big problem to U.S. retailers, and reportedly cost them approximately $35 billion annually. Although there has not yet been any impact on national food prices, industry officials predict an inevitable increase.

Shoplifting is typically committed on a much smaller scale and often out of desperation, necessity, or by mistake. Taking an item, concealing it inside a purse, pocket or jacket, and then leaving without paying for it is the most common method of shoplifting. Colorado statute 18-4-406 states that “[if] any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store... such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.” If theft was not the intent, it would need to be proven in order to dismiss charges.

Shoplifting, on a small scale or a larger one, can carry serious penalties, depending on the value of the supposedly stolen items. But regardless of the product value, if you have been charged with shoplifting in Colorado, you will need the help of an experienced Colorado Springs shoplifting attorney to ensure that your legal rights are not violated. The Bussey Law Firm, P.C., can help provide you with the defense to fight for the best possible outcome of your case. Contact us today at 719-475-2555 for a free initial consultation.

Last month, the Colorado Senate Judiciary Committee amended, and delayed, the proposed “Pot DUI Bill” (HB11-1261) for the purpose of extended study. According to The Huffington Post, the Senate deliberated on the bill again earlier this week, but was shot down on a voice vote.

The original bill proposed intended to set the blood content standard for driving under the influence of marijuana. It would have allowed for the prosecution of all drivers with five nanograms or more of THC, or Tetrahydrocannabinol, in their bloodstream. The five nanograms limit is equal to the most liberal in the country. In the nation, 12 states have a zero-tolerance policy for driving under the influence of marijuana as well as any other illegal substance; Pennsylvania, Nevada, and Ohio have DUI laws that limit THC blood levels to between two and five nanograms, respectively. After objections from medical marijuana advocates concerning the actual level of impairment with five nanograms of THC in the bloodstream, the Colorado Senate postponed their decision pending further study and review. Even after its latest deliberation, the Senate could not come to an agreement.

The topic of marijuana has been becoming increasingly more prominent in recent years. States propose and implement new laws and regulations, or change laws and regulations to reflect current scientific, economic, and/or social evidence. For example, as of 2011, the possession of less than one ounce of marijuana is considered an “infraction,” as opposed to a “misdemeanor,” and requires a maximum fine of $100. If you have been accused or arrested for marijuana possession in Colorado, it is important to understand the current laws and potential penalties so that you are not taken advantage of.

Experienced Colorado Springs drug crime defense attorney Timothy Bussey of The Bussey Law Firm, P.C., has a critical understanding of all current and new Colorado drug laws. He can make sure you understand your legal rights and will work towards a fair outcome for your particular situation. Contact Mr. Bussey today for a free initial consultation at 719-475-2555.

The Colorado Springs probation violation attorneys at the Colorado criminal defense law firm of The Bussey Law Firm, P.C. are pleased to announce the launch of their new Colorado probation violation website, http://www.coloradospringsprobationviolationattorneys.com/.

The new Colorado probation violation website offers visitors helpful information on the basics of Colorado probation, including its definition as well as general terms and conditions. Visitors may also easily navigate through specific pages on probation violation topics such as community service, consequences, failure to appear, failure to pay fines, felony violation, new offense violation, penalties, probation education, probation hearing, revocation of probation, technical violation, and violation of probation. The website also allows access to The Bussey Law Firm, P.C.’s Criminal Law Information Center, FAQ Video Resource Center, and DUI Information Center.

There are varying degrees of Colorado probation violations and penalties. The consequences a person faces after a probation violation are dependent on the violation itself, as well as the person’s criminal history. The new website provides a clear and thorough explanation of how the courts generally handle probation violations and what the usual penalties are, but speaking with one of our experienced Colorado probation violation attorneys would ensure understanding of how the court will handle your probation violation.

Because Colorado courts have wide discretion over the issuing of probation violation penalties, it can be very difficult for a person on Colorado probation to know what consequences they face or even when they are in violation of their probation. This new site provides the informational resources a person needs to understand Colorado probation laws as well as what legal options may be available to them in the event of a Colorado probation violation. Being well informed is the first step to resolving your situation.

For more information on Colorado probation violations, visit http://www.coloradospringsprobationviolationattorneys.com/. To speak to one of our skilled Colorado probation violation attorneys at The Bussey Law Firm, P.C., concerning your particular situation, please call us today for a no-cost consultation at 719-475-2555.

The Colorado Springs theft defense attorneys at The Bussey Law Firm, P.C., a Colorado Springs criminal defense law firm, are proud to announce the debut of their new Colorado theft website, http://www.coloradospringstheftattorneys.com/. Visitors to the Colorado theft website will find helpful, informative, and easy to navigate pages relating to armed robbery, auto theft, burglary, check forging, embezzlement, extortion, grand theft, identity theft, petty theft, receipt stolen property, robbery, shoplifting, and white collar crimes. The new Colorado theft website also provides frequently asked questions (FAQs) about theft as well as access to The Bussey Law Firm, P.C.’s FAQ Video Library Center, Criminal Law Information Center, and DUI Information Center.

Theft crimes are not as simple as one might think. To help website visitors better understand the complex laws surrounding various theft crimes in Colorado, the theft website addresses examples and types of certain theft crimes as well as the potential penalties an individual may face if they are convicted. The site also highlights some of the options a person has when they are arrested for a particular theft crime in Colorado.

By explaining Colorado law as it pertains to theft crimes, the new site provides invaluable resources and information to help individuals understand their legal rights and possible options for defense. Being accused of a theft crime in Colorado can be an intimidating experience. However, the more a person knows about the legalities surrounding their specific situation, the better their chances are of resolving the problem as soon as possible and in a manner that allows them to move on with their life and clear their good name.

To learn more about Colorado theft crimes and the laws relating to them, visit http://www.coloradospringstheftattorneys.com/. If you or someone you care about has been arrested for a theft crime in Colorado, contact a Colorado theft crime defense lawyer at The Bussey Law Firm, P.C. today at 719-475-2555 for a free consultation.

In 2010, the Colorado Legislature passed a bill that established regulations for its medical marijuana industry. However, according to The Gazette, many medical marijuana dispensaries were unclear on whether or not they were in compliance with the new regulations. This prompted the introduction of the current bill, the purpose of which is to elucidate the specifics of the recent laws. The planned amendments to the original bill include:

• Removing a provision that would have extended a 1-year moratorium, or authorized suspension, on state-issued licenses to July 1, 2012 in fairness to new entrepreneurs intending to open dispensaries;
• Allowing certain ex-convicts, with felony drug offenses that have since been downgraded to a lesser offense, to work at dispensaries in an effort to promote jobs;
• New limits on marijuana growing operations, as well as new regulations on how it is cultivated and sold; and
• Allowing the testing of plants to determine dosages.

Colorado’s efforts to regulate their medical marijuana industry have been overshadowed, however, by a recent warning from the federal government. A letter sent from a U.S. Attorney to the Colorado Attorney General affirmed that Colorado’s medical marijuana laws violate federal law. It stated that the federal government has the authority to arrest anyone found to be growing or distributing marijuana, even though the growing and distribution of medical marijuana is legal under state law. Discussions concerning the proposed bill will continue with this warning in mind.

Being arrested for a drug offense in Colorado can become very complicated, especially when there is confusion concerning state law versus federal law. Retaining the services of a skilled Colorado criminal defense attorney would ensure that you are well informed of your legal rights. At The Bussey Law Firm, P.C., our knowledgeable Colorado Springs drug crime defense lawyers, have successfully helped those charged with drug crimes, as well as other felony crimes. If you are facing a drug crime charge in Colorado, contact us today for a free initial consultation at 719-475-2555.