Colorado Springs Criminal Law Blog

The U.S. Supreme Court ruled recently that placing a GPS device on a suspect’s vehicle and tracking its movements counts as a “search” under the Fourth Amendment, and that law enforcement officials must therefore get a warrant in order to use GPS tracking, according to a recent article in the Washington Post.

The court heard a case involving a D.C. man suspected of drug trafficking. As part of its investigation into his activities, the police attached a GPS device secretly to his vehicle, then tracked his movements for 28 days. The information they gathered from the GPS was then used in court to convict the man of a felony drug crime. The D.C. police did not have a warrant when they stuck the GPS device to the man’s vehicle, nor did they have his permission to put it there.

Several of the justices also felt that electronic surveillance in general was an unconstitutional violation of privacy. However, the court’s opinion did not make a final decision on that point, instead reserving it for future courts to consider.

Regardless of the nature or seriousness of a criminal charge, you have legal rights in court. At The Bussey Law Firm, P.C., our experienced Colorado Springs criminal defense lawyers are dedicated to aggressively defending your rights and fighting for the best possible outcome in your case. For a free and confidential telephone consultation, call our office today at (719) 475-2555.

In 2003, the Air Force Academy outside Colorado Springs, Colorado faced an investigation after a Colorado sexual assault case that led to the Academy changing its policies and keeping much closer tabs on information related to sexual harassment and assault. After several years of relatively stable numbers of reports, the number of sexual harassment and assault reports at the Academy has suddenly jumped and administrators at the Air Force Academy aren’t sure why.

The Air Force Academy recorded 10 sexual assault cases in the 2005-2006 school year, when it first began keeping track. The numbers dipped to eight in 2008-2009, then rose to 30 in 2010-2011.

The Academy’s administration, however, is not sure whether the increase in numbers actually reflects an increase in sexual assaults on the campus, or is merely evidence that more cadets are willing to report potentially dangerous or questionable incidents when they happen. Nearly 3,200 sexual assaults were recorded military-wide in the same time period, according to the U.S. Department of Defense, but record keepers suspect that number is unnaturally low because not everyone involved in a potential sexual assault in the military reports the incident to authorities.

Being charged with a sexual assault or similar offense can have serious consequences for one’s future. At The Bussey Law Firm, P.C., our experienced Colorado sex crime defense attorneys are dedicated to fighting on behalf of those facing sex crime charges in Colorado Springs and surrounding areas. We will build an aggressive defense that seeks the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

Federal drug law enforcement agencies are considering a “crackdown” on many Colorado medical marijuana dispensaries, similar to that carried out in California, according to a recent article in the Huffington Post. The crackdown was announced only a few days after several groups turned in sufficient signatures to get the “Regulate Marijuana Like Alcohol” Act placed on the 2012 ballot.

Colorado law permits dispensaries that offer marijuana for medical reasons, but federal law currently prohibits the use of marijuana for any purpose. Recently, several dispensaries that are operating within 1000 feet of a school were sent letters from federal law enforcement warning that they had to shut down. Local laws allow the dispensaries to operate within 1000 feet of schools, but federal law prohibits this.

The Supreme Court decided in the 2005 case Gonzales v. Raich that federal law enforcement agencies could still enforce federal drug laws, even if a particular state had decriminalized or legalized the use of a particular substance. Gonzales v. Raich also focused on medical marijuana use after a California woman was prosecuted by federal officials despite California’s legalization of marijuana for medical purposes.

Being convicted of a drug-related crime in Colorado can have serious consequences, whether the charge is based in federal or in state law. If you or someone you care about is facing a drug charge, please don’t hesitate to call the experienced Colorado Springs drug crime defense lawyers at The Bussey Law Firm, P.C. today. For a free and confidential consultation, call us at (719) 475-2555.

The Colorado Bureau of Investigation (CBI) compiles a major crimes report each year, showing trends in convictions for various Colorado felony crimes in the state. In 2010, the last year for which a report is complete, the CBI found that “major crimes” - a category that includes homicides, forcible rape, robbery, burglary, and motor vehicle thefts - had, for the most part, decreased in Colorado in recent years. Convictions for forcible rape, however, have increased dramatically over the past several years.

In 2010, Colorado law enforcement agencies reported a total of 129 homicide convictions. This is a decrease of almost 25 percent from 2009, and a lower number than Colorado has seen in many years. Overall, homicide convictions accounted for 0.3 percent of criminal convictions in Colorado in 2010.

Law enforcement agencies also reported 3,131 robberies, 25,769 burglaries, and 11,114 motor vehicle thefts. All of these represented decreases from 2009 and were part of a trend of these types of criminal convictions decreasing in recent years.

Forcible rape was the primary exception to the overall decreasing trend in “major crimes.” In 2010, law enforcement agencies reported 2,168 forcible rapes, including both completed and attempted rape. While this number is lower overall than those for either robbery, burglary, or motor vehicle theft, it represents a 3.4 percent increase in reported forcible rapes over 2009.

A conviction for a major crime means major consequences. If you’ve been charged with a felony in Colorado, you need a dedicated Colorado felony defense attorney with the experience to build an aggressive defense that protects your rights and fights for the best possible outcome in your case. At The Bussey Law Firm, P.C., we strive to give each of our clients the best possible representation. Call us today at (719) 475-2555 for a confidential consultation.

Colorado law makes animal cruelty a crime. A first conviction is usually a misdemeanor, but a person may be convicted of a class 6 felony - including jail time or home confinement - for a second or later offense. But what is “animal cruelty” under Colorado law?

Animal cruelty includes:

• knowingly, recklessly, or with criminal negligence:
  • overdrives, overloads, overworks, or torments an animal;
  • deprives an animal of necessary sustenance (food or water);
  • unnecessarily or cruelly beats an animal;
  • houses or allows an animal to be housed in a way that results in chronic or serious physical harm;
  • carries an animal or confines it in a vehicle in a cruel or reckless way;
  • engages in a sexual act with an animal; or
  • mistreats or neglects an animal, or allows or causes an animal to be mistreated or neglected.

• having responsibility for someone else’s animal and failing to provide adequate food, water, or shelter for the animal;
• abandoning an animal;
• recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

“Aggravated animal cruelty” occurs when someone knowingly tortures, needlessly mutilates, or needlessly kills an animal.

The full text of Colorado’s animal cruelty laws can be found in the Colorado Revised Statutes, sections 18-5-201 through 209 and 35-80-101 through 109.

Animal cruelty is not always a felony, but a conviction can affect your life in many ways, including your future employability. If you or someone you love is facing animal cruelty charges, please don’t hesitate to call the experienced Colorado criminal defense attorneys at The Bussey Law Firm, P.C. For a confidential consultation, call us today at (719) 475-2555.

Fewer criminal cases were filed in Colorado County in 2011 than in previous years, according to a recent article in the Colorado County Citizen. The Colorado County Attorney reported that 740 new cases were filed last year, down from 844 cases in 2010. The Citizen’s article did not state how many of those cases resulted in criminal convictions in 2011.

The 740 cases in 2011 included 197 felonies, 506 misdemeanors, and 11 juvenile cases. The remaining cases involved forfeitures of assets or bonds. The total included only new charges filed in 2011; it does not include ongoing cases, charges that were dropped for lack of evidence, protective orders, cases filed by Child Protective Services (CPS), or cases heard by the Justice of the Peace courts.

In both felony and misdemeanor cases, most of the cases filed in 2011 were for violations of the state’s controlled substances laws. Other commonly-charged felonies included: burglary, aggravated assault, other types of theft, and driving under the influence (DUI) of alcohol or other drugs. Commonly-charged misdemeanors included: theft by check, driving while impaired by alcohol or drugs (DWI) first or second offense, and assault.

A criminal conviction can come with serious penalties. It can also affect your ability to find employment, housing, or other daily needs in the future. If you are facing criminal charges in Colorado, the experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. can help. For a free and confidential consultation on your case, call us today at (719) 475-2555.

Colorado Springs police have noted an increase in the number of homicides in the city since last year, but they say they can see no obvious pattern to them, according to a recent article in The Colorado Springs Gazette.

In 2011, police in Colorado Springs recorded 32 homicides, a 33 percent increase from 2010. Unlike the usual types of cases law enforcement typically handles, however, many of the cases were considered “anomalies,” involving visitors to Colorado Springs or an unfortunate mix of events that don’t happen in an average year. The rate of other violent crimes in the area, especially robberies and burglaries, dropped during this time.

Despite the larger number of deaths that were presumed to be homicides in 2011, police do not believe that the numbers indicate Colorado Springs is seeing an increase in crime overall or is becoming less safe. The police department was quick to point out that, because homicides tend to get lots of media attention, it can feel as though the streets are becoming less safe when in fact they are just as safe as usual. In fact, Colorado Springs ranked as the eighth safest city in the U.S. in 2011, both due to its low crime rates and its low risk of car accidents.

Being charged with a violent felony is serious, especially when the charges involve homicide. At The Bussey Law Firm, P.C., our experienced Colorado Springs violent felony defense attorneys are dedicated to protecting the rights of each one of our clients as we build an aggressive defense that seeks the best possible outcome in each person’s case. For more information, call us today at (719) 475-2555.

Over 1,300 Colorado drivers were arrested on suspicion of driving under the influence of alcohol (DUI) between Thanksgiving and New Year’s Eve, according to a recent article in The Denver Post.

Sobriety checkpoints were set up at several times over the holidays in various Colorado cities. New Year’s Eve saw 90 checkpoints run by various state and local law enforcement agencies throughout Colorado. Law enforcement agencies have not yet revealed how many drunk driving arrests were netted by the New Year’s Eve checkpoints or saturation patrols, but between November 23 and December 30, 1,310 drunk driving related arrests were made.

In an attempt to help people avoid arrests or accidents, metro Denver offered free rides on the city’s metropolitan transit system over the New Year’s Eve and New Year’s Day partying hours. Beer manufacturer MillerCoors also handed out free $10 taxi vouchers to revelers in several cities, including Colorado Springs. Local municipalities and law enforcement offices throughout the state encouraged people to plan ahead, either by choosing a designated driver, finding an alternate way to travel to and from parties, or hosting at home.

Although officers use technology like breath testing machines to help them decide whether to arrest someone on suspicion of DUI, determining whether a driver is too impaired to keep driving isn’t an exact science, and an officer’s initial evaluation of a driver can be incorrect. That’s why at The Bussey Law Firm, P.C., our experienced Colorado DUI defense lawyers focus on building an aggressive defense that drives toward winning the best possible outcome in each case we handle. To learn more about how we can help, call us today at (719) 475-2555 for a confidential consultation.