Colorado Springs Criminal Law Blog

With 416,427 people, Colorado Springs is the most heavily populated city in Colorado’s El Paso County, and the 41st most heavily populated city in the nation. Situated on Fountain Creek, a 74.5 mile long stream that traverses El Paso and Pueblo counties, the city spans 186.1 miles, which makes it Colorado’s largest area city, and is located 61 miles south from Denver, the state capitol, in south-central Colorado. The city stands at more than a mile above sea level, at 6,035 feet, though there are areas of the city that are much higher as the city is situated near the edge of the southern Rocky Mountains at the base of the well-known Pikes Peak mountain. It was also named the number one best city in Outside magazine’s 2009 America’s Best Cities list.

As one of the most densely populated cities in Colorado and across the nation, Colorado Springs sees its share of DUI arrests. According to the Federal Bureau of Investigation (FBI) Uniform Crime Reports, 28,198 people were arrested for driving under the influence in Colorado in 2008, including 435 minors. In 2009, 27,043 people were arrested for Colorado DUI, including 392 minors.

If convicted, a person charged with DUI or DWAI in Colorado may be required to pay fines, complete Useful Public Service hours, serve jail-time, and may be placed on probation. This is why it is important for any individual arrested for DUI in Colorado to be familiar with their legal rights and seek help from an experienced Colorado DUI lawyer.

The knowledgeable Colorado Springs DUI attorneys at The Bussey Law Firm, P.C. have a thorough understanding of Colorado DUI laws and a successful track record of protecting the legal rights of their clients. If you have been arrested for DUI in Colorado, contact our office for a consultation today at 719-475-2555.

Domestic violence, also known as intimate partner violence (IPV), affects millions of people nationwide. Colorado takes domestic violence very seriously and consequently establishes harsh penalties for offenders. Domestic violence, however, is not considered a crime in and of itself, but a label for any crimes committed in its defined circumstances.

According to Colorado Revised Statute 18-6-800.3, domestic violence refers to “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” An “intimate relationship” refers to any relationship between past or present unmarried couples, spouses, parents of the same child, or former spouses. This is the definition most people are familiar with, but few people know that domestic violence in Colorado is not limited to just physical violence. Any other crime or municipal ordinance violation committed against a person, or property, including pets or animals, for the purpose of punishment, coercion, control, revenge, or intimidation is also considered domestic violence.

Regardless of the severity of the alleged domestic violence, if it has been determined that a crime or crimes have been committed that involve domestic violence, you will be arrested and taken to jail where you will wait, without bail, until you appear before a judge. This hearing will result in the issuance of a restraining order and you will be ordered to stay away from the alleged victim, even if you have to live somewhere else. If you are convicted, you will receive the penalties appropriate to the committed crimes, which may include fines, community service, or even a prison sentence, as well as be ordered to participate in a 36-session domestic violence treatment and education program.

At The Bussey Law Firm, P.C., our Colorado Springs domestic violence defense lawyers have a thorough understanding of the Colorado legal system and will work diligently to build a strong defense on your behalf. If you have been arrested for a domestic violence crime in Colorado, we can help you protect your legal rights. Contact us today at 719-475-2555 for a free initial consultation.

Oftentimes, a long-time convict falls back into crime, and subsequently prison, after they have been released on parole. According to The Denver Post, this is usually because they reconnect with former criminal associates. A new prison program, however, encourages and requires certain associations between convicted felons in order to help them prepare for and maintain a crime-free life once they have been released.

This pilot program, called the “Lifetime Offender Program” (LTOP), created by the Department of Corrections, currently has twelve long-term prisoners enrolled. The dozen prisoners, which include habitual criminals and murderers, were selected from a pool of 400 applicants from across Colorado. In order to qualify for the LTOP, prisoners must have been imprisoned for at least 15 years, are at least 45 years old, are discipline free, and are within six years of their mandatory parole release.

The prisoners enrolled in the pilot program have been meeting in group sessions with counselors for the last two months at Sterling Correctional Facility. The inmates live together on the same cellblock and are given lessons on how to live present-day society, including how to adapt to a digital world. They will be released by twos to a Denver County Jail community corrections program, after which both will live at the same halfway house. In addition to their parole officer, they will receive guidance from a convict mentor who, after having served a long-term prison sentence, has been living crime-free for years.

Being charged with a felony crime in Colorado can be a very traumatic experience. Even with the implementation of new programs, such as the one mentioned in this blog, a person would be required, in most cases, to remain in prison for more than a decade. A skilled Colorado Springs felony crime lawyer at The Bussey Law Firm, P.C., can help you understand the charges against you and will work diligently to defend your legal rights. To learn more about how we can help you, please contact our office today at 719-475-2555 for an initial consultation at no-cost.

A woman faces murder charges in Colorado after she stabbed two burglars, killing one of them, after they broke into her home around 2:00 a.m., according to The New York Daily News. The two men broke into her home in Erie, where she grew medical marijuana.

While one of the burglars was able to escape to a friend’s house nearby, he was nonetheless critically injured as a result of the stab wounds. The other burglar was later found dead from his wounds at the edge of the woman’s property. Although the woman reportedly admitted to stabbing both burglars, recent news from GreeleyTribune.com states that the fatal victim was found to have died from gunshot wounds, not stabbing wounds.

Even as details continue to unfold in the case, the woman may be able to successfully fight the murder charges using Colorado’s “Make My Day” law, which allows for the use of deadly force against an intruder, based on the right that all Colorado citizens “have a right to expect absolute safety within their own homes.”

According to the law (18-1-704.5), “…any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and …such other person has committed a crime in the dwelling…or is committing or intends to commit a crime against a person or property… and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.” Under this law, any home occupant using physical force, deadly or otherwise, in the aforementioned circumstances is immune from criminal prosecution and any civil liability for the use of and results of said force.

There are many laws in the state of Colorado that govern the use of physical force. It may be warranted in certain situations and not in others, but the existence of so many laws can create confusion. If you or someone you know has been charged with a crime in Colorado, the skilled criminal defense attorney in Colorado Springs, Timothy Bussey of The Bussey Law Firm, P.C., can help you protect your legal rights and ensure that you are treated fairly under the appropriate laws. For a free initial consultation, contact Mr. Bussey today at 719-475-2555.

Although Colorado has the country’s most lenient medical marijuana laws, one particular point in fact helps medical marijuana regulators and law enforcement officials find and shut down illegal commercial marijuana cultivations and prosecute those operating them. According to the Associated Press, Colorado is the only state that allows medical marijuana companies to profit from selling the drug, thus the companies are governed by strict business licensing requirements, making it easier for law enforcement to locate, raid, and prosecute illegal commercial growers of marijuana.

Before the implementation of marijuana business licensing requirements in 2010, dispensaries, infused product manufacturers, and cultivators operated without oversight. Although medical marijuana users were required to register with the state, businesses that cultivated and distributed the drug were not. This made it very difficult for law enforcement to identify who was cultivating the drug legally and who wasn’t.

The new business licensing regulation for medical marijuana companies provides state regulators and police with a strong distinction between legal and illegal commercial marijuana operations. The Colorado Department of Revenue’s Medical Marijuana Enforcement Division has a database of all medical marijuana businesses that have met the initial requirements to operate legally in Colorado. Most have not completed the licensing process due to extensive background checks and investigations of financial records. The database is accessible to law enforcement and is used to clearly determine legal medical marijuana businesses from illegal ones.

Although Colorado is improving their own medical marijuana regulations, the state still falls under the scrutiny of the federal government. It remains to be seen whether or not Colorado’s medical marijuana industry, even its regulators, will be prosecuted under federal law.

In such dynamic times as these, being charged with marijuana or other drug crime can be very confusing and complicated. Timothy Bussey, a knowledgeable Colorado drug crimes attorney, has a thorough understanding of Colorado’s marijuana and other drug laws and, by helping you build a strong defense, ensures that you will be treated justly. Contact Mr. Bussey today at 719-475-2555 to discuss your legal options.

Restorative justice, occasionally called reparative justice, refers to the growing social movement that focuses on the needs of victims and offenders and the principle that wrongdoing is an offense against a person and a community rather than the state. Colorado recently joined this movement, according to NewsFirst5.com, when the Colorado governor signed a restorative justice bill at an old courtroom ceremony in Colorado Springs’ Pioneers Museum.

This new law expands existing restorative justice programs for juvenile offenders in Colorado and creates a similar program for adult offenders. All offenders will not be eligible for these programs, however. Offenders that are ineligible are those that have been charged with stalking, violation of a protection order, a sex offense, or domestic violence in Colorado.

Through the Colorado restorative justice program, victims and offenders will have the opportunity to meet face to face, to ask questions, get closure, and/or restart their lives. According to the founder of the Youth Transformation Center in Colorado, “even hardened criminals buckle at the knees at having to do that.” Restorative justice programs allow for a very effective and powerful transformation process.

According to officials of restorative justice programs, the number of offenders that repeat offenses after meeting their victims greatly decreases. In fact, some studies have demonstrated lower rates of recidivism when restorative justice programs are implemented.

Being charged with a crime in Colorado is never easy, but with the right information and the right defense you can be sure of fair treatment under the law. At The Bussey Law Firm, P.C., our skilled criminal defense attorneys in Colorado Springs can make sure you exercise your legal rights. Contact us today for a free consultation at 719-475-2555.

A 14-year-old boy was charged and sentenced as an adult for the Colorado murder of his mother and step-father, according to The Valley Courier. The boy, who was reported to have been repeatedly abused and neglected by his mother, shot and killed his mother, and then his step-father on October 26, 2009, with firearms owned by his step-father. The boy was represented by public defenders in the complicated two-year court case, which prompted criticisms concerning the failure of the child welfare system, and the justice system.

The boy, who expressed remorse in a public statement, explained that his actions against his mother were the result of repressed anger after years of abuse by her hands. He shot her twice and then hid in the laundry room. He shot and killed his step-father out of fear of what he would do to him once he discovered that he killed his mother. A psychologist who evaluated the boy stated that it was the worst case of abuse he had ever seen. Even after years of abuse and repeated calls to social services, the child welfare system failed to help him.

Even with the evidence of abuse and the lack of action by the Colorado child welfare system, which, if it had done its job, may have prevented this incident from occurring, the boy was charged as an adult and offered plea bargain which he accepted. According to the plea agreement, he plead guilty to one count of reckless manslaughter, one count of murder in the second degree, and one count of crime of violence, which was added as a sentence enhancer. This established a sentence of 22 years for killing his stepfather, concurrently including 6 years for killing his mother, and 5 years of parole. The plea agreement also stipulated that the boy could not carry out any of his sentence in the Youthful Offender System (YOS), a fact that instigated criticism from his defense team as well as the public.

When a juvenile is charged with an adult felony crime in Colorado, it can become a very complicated situation, especially when child abuse is involved. There are countless considerations to make and investigations to conduct. With the guidance of a skilled Colorado juvenile crime lawyer, the child or teen can be sure that they are treated fairly, that any and all psychological and emotional factors will be heavily considered, and that they will receive an appropriate sentence.

If you or a loved one is a juvenile being charged with a crime in Colorado, the knowledgeable Colorado Springs juvenile crime defense attorney, Timothy Bussey, of The Bussey Law Firm, P.C., can help you build a strong defense. Contact Mr. Bussey today at 719-475-2555 so that he may answer all of your questions.

The final judgment on a DUI case isn’t always the end. Colorado realized this in December 2009 when the Colorado Springs Police Department announced that chemist error had inflated blood alcohol content results for, at the time of their announcement, 82 drivers at the Metro Crime Lab.

The flawed DUI tests in Colorado Springs caused quite an uproar, especially for drivers who had been convicted of a DUI between 2007 and 2009. Once this announcement was made, Timothy Bussey of The Bussey Law Firm, P.C., received several calls from clients who were concerned about their cases.

To get to the bottom of the matter, Mr. Bussey filed a request for a Colorado Open Records Act. Although Mr. Bussey did not receive all the information he had hoped, he was, nevertheless, provided with some very useful information. The disclosed information proved that chemist error was the reason for the inflated BAC results. The investigation concluded that a total of 206 DUI tests had been faulty. Of these, nine cases were affected.

With the help of a dedicated DUI defense lawyer, the Colorado Springs Metro Crime Lab situation was identified, contained, and rectified where possible. The following actions were taken to repair the situation:

1. Charges were dropped or reduced;
2. Refunds were issued for court fees;
3. The forensic chemist responsible was no longer employed by the Colorado Springs Police Department;
4. The Metro Crime Lab voluntarily relinquished their DUI testing certification; and
5. The police department would conduct stricter proficiency exams for chemists in the future.

If you have been charged with a DUI in Colorado as the result of a faulty BAC, experienced Colorado Springs DUI defense lawyer, Timothy Bussey, will investigate the details of your case and help you build a strong defense. Mr. Bussey has a critical understanding of the science behind the Colorado DUI investigation process. He has years of experience both in prosecution and defense of DUI cases, which he uses to ensure that his clients are treated fairly. Contact Mr. Bussey today at (719) 475-2555 for a free and confidential consultation.