Colorado Springs Criminal Law Blog

The U.S. District Court for the District of Colorado struck down the federal Stolen Valor Act recently, holding that the law violates the First Amendment right to free speech and is therefore unconstitutional. The Stolen Valor Act, which was passed in 2005, made it a crime to falsely present oneself as having earned any kind of military decoration or medal.

In this case, known as U.S. v. Strandlof, the defendant was charged with having violated the Stolen Valor Act by having lied about receiving a Purple Heart and a Silver Star. The defendant argued that the criminal charges violated his First Amendment right to free speech. The government argued that the defendant’s lying about his military awards was not “political,” and therefore not the type of speech the First Amendment should protect.

The district court sided with the defendant, holding that the Stolen Valor Act does violate the First Amendment and that the government should not be allowed to dictate what does and does not count as protected speech.

Lying about one’s military honors may be uncouth, but this court held that protecting free speech is more important than charging alleged liars with crimes. If you have been charged with a crime in Colorado, you also have a number of Constitutional rights. To ensure your rights are fully protected, contact a skilled Colorado Springs criminal defense lawyer as soon as possible. The experienced criminal defense attorneys at The Bussey Law Firm P.C. will fight to protect your Constitutional rights in a court of law and earn a favorable verdict. Schedule a free and confidential case evaluation with The Bussey Law Firm P.C. today by calling 719-475-2555.

Jury selection began recently in the trial of a self-professed white supremacist charged with shooting a woman in the parking lot of a Colorado Springs apartment complex during a bungled robbery according to The Gazette. The victim was sitting in her vehicle when a bullet shattered the rear window and hit her below the shoulder. She died at Memorial Hospital.

According to the police officer who testified at the preliminary hearing, the defendant's alleged partner told police that the defendant had told him to pull into the parking lot and alongside the SUV, where the defendant allegedly asked the victim for directions. As they pulled away, the defendant's partner claims the defendant pulled out a gun and shot once into the SUV, killing the victim.

The officer also testified that the defendant's alleged partner described the defendant as a prospective member of the American Nazi party and that the defendant has a number of tattoos depicting white supremacist symbols, including a swastika. The shooting occurred on the same night as a gathering of other American Nazi party members, but the officer did not say whether the two were related.

The defendant's alleged partner pled guilty to aggravated robbery and being an accessory to a crime, which are criminal charges in Colorado, about one week before the trial began. He will be sentenced after the defendant's trial and faces 20 to 34 years in prison for the offense. The plea agreement allows for the defendant's alleged partner to serve his sentence in another state for his own protection.

Facing trial on a criminal charge is a harrowing experience. If you've been charged with a crime, don't hesitate to contact the experienced Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C. Our attorneys will examine the details of your case and fight to win you the best possible outcome. Call us today at 719-475-2555 for a free and confidential consultation.

On March 22, 2010, a Colorado State Patrol Trooper was arrested on the suspicion of driving under the influence while on duty. According to an article by the Associated Press, the trooper left his home station in Colorado Springs early Monday morning and was en route to the State Patrol training academy located in west Denver. The 48-year-old trooper was pulled over after several people had reported that his vehicle was driving unsafely. He was also captured on film by a local television helicopter.

Authorities claim that the trooper was carrying a gun at the time, so he was charged with the prohibited use of weapons in accordance with Colorado State law in addition to a DUI charge. Persons under the influence of drugs or alcohol are strictly forbidden to carry firearms. According to authorities, the trooper is currently on unpaid leave pending an internal investigation.

The chief of police indicated that being a state trooper is a very difficult job that often comes with a lot of stress. The accused trooper has been with the State Patrol for 21 years.

Continue reading "Colorado State Trooper Arrested on DUI Charge" »

According to an article by the Denver Post, a man from Colorado Springs was accused of attempting to destroy Transportation Security Administration (TSA) computers that allow airport security to locate possible terrorists prior to boarding an aircraft.

The man allegedly loaded a virus into the system’s database at the TSA’s Colorado Springs Operations Center, which is linked to the Terrorist Screening Database and the U.S. Marshal’s service Warrant Information Network. The virus was designed to infiltrate the system on a specific date with the intention of corrupting information and destroying the database completely. Fortunately, TSA technicians tracked the virus and were able to contain it before any damage was done.

The indictment, imposed by the Denver federal grand jury, gave no reason as to why the former TSA employee would want to sabotage the system and threaten national security. If convicted, the former TSA employee faces a sentence of up to ten years in prison and a $250,000 fine for both attempts to compromise the database. His trial is currently scheduled for May 17, 2010.

White-collar crime is a serious offense given the severity of the consequences if an individual is convicted. If you have been charged with a white-collar crime, you should seek an experienced and aggressive criminal defense attorney as soon as possible. Colorado Springs white collar crime defense attorney Timothy Bussey has years of experience defending the rights of and building strong defenses for people accused of criminal offenses, including white-collar crimes. Contact the Bussey Law Firm, P.C. today at (719) 475-2555 for a free consultation of your case.

Source: http://www.denverpost.com/ci_14648083

On March 15, 2010, police arrested two men on drug and weapons related charges in Colorado Springs. According to an article from the Colorado Connection, the first arrest occurred at the Conoco Gas Station on North Nevada Avenue after the suspect allegedly sold marijuana to an undercover detective. The 21-year-old was arrested shortly thereafter and was found to be carrying a loaded, semi-automatic handgun. This gave police probable cause to search the man’s home where another suspect was discovered.

Police confronted the second suspect, who was later taken into custody on an active warrant for the charge of attempted first-degree murder. At the time of arrest, the second suspect also possessed a loaded handgun and had resisted arrest, which was later added to his charges. The first man arrested was charged with distribution of marijuana and carrying a concealed weapon.

According to authorities, a third handgun was recovered during the investigation along with eleven pounds of marijuana, 27 grams of psychotropic mushrooms and $600 in cash. Both suspects were booked into the Criminal Justice Center, pending their respective trial dates.

Continue reading "Two Men Charged with Possession of Drugs and Weapons" »

In a recent article in Men’s Health Magazine, Colorado Springs was deemed the 16th drunkest city in the nation, beating out Denver for the drunkest city in Colorado. These cities and others in the list have some of the highest death rates from alcoholic liver disease based on data collected from the U.S. Center for Disease Control and Prevention.

In addition to calculating death rates, Men’s Health Magazine aggregated research from a variety of government bureaus to help determine the city’s deaths from DUIs, severity of DUI penalties, number of people who admit to binge drinking last month and the number of DUI arrests made. With a sliding scale of first being the most offensive and 100 being the least, Colorado Springs ranked 17th for most liver disease, 18th for harshest DUI laws and 33rd for most DUI arrests, putting Colorado Springs on the map for drinking and driving.

Driving while intoxicated or under the influence of drugs and/or alcohol has serious consequences. Being convicted of this crime can affect your relationships and employment opportunities as well as accrue large fines, possible prison time and loss of driver’s license. If you have been charged with a DUI offense, you should seek legal counsel and learn your rights.

Police can make mistakes in DUI arrests and Blood Alcohol Content (BAC) tests are not always accurate. An experienced Colorado criminal defense DUI attorney can help investigate your case and help you build a strong defense. The Bussey Law Firm, P.C. has a history of aggressive defense for people charged with a DUI. Call today for a free and comprehensive consultation of your case.

Source article: http://www.menshealth.com/mhlists/Americas-Drunkest-Cities/

According to a recent report, last Friday, March 5, 2010, Vail county deputies arrested a 45-year-old man for distribution and possession of cocaine. The man was discovered selling $500 worth of cocaine to undercover officers. He is now being held in the Eagle County Detention Facility on a $50,000 bail.

When police arrived at the detainee’s home in West Vail with a search warrant, they found drug distribution materials in his bedroom. A concerned citizen had informed police about the operation, thereby initiating the investigation. Local police encourage citizen to report tips regarding illegal drug activity via phone or Internet, offering rewards up to $1,000 if an arrest is made.

Drug possession and distribution crimes in Colorado Springs are both serious offenses. Sometimes, drug offenders are offered plea bargain agreements, meaning the acceptance of a guilty plea for lesser sentencing. However, people accused of drug offenses often feel pressured into accepting seemingly good plea bargains that can lead to otherwise avoidable and unfortunate consequences.

Continue reading "Citizen Aides Police in Drug Arrest" »

Police reported last Friday that the brother of a notorious Mexican drug lord of the 1980s was jailed for 17 years for taking part in a marijuana smuggling racket. He was sentenced last Thursday by a federal judge in Colorado. Following the 17-year sentence will be two years of supervised release. He was charged with heading a crime syndicate that imported and distributed marijuana in the U.S. from 1983-1994.

The man, alias “Michael Jackson,” admitted to trafficking over 100 tons of marijuana between 1985 and 1988 and sending over 100 million dollars to Mexico. He had been released to U.S. authorities last year after spending several years in a Mexican prison. The brother of the convicted is currently incarcerated in a maximum-security prison in Mexico for the murder of a U.S. Drug Enforcement Administration officer.

Being charged with a drug offense can have serious effects on a person’s livelihood. In the U.S., all persons accused of offenses are innocent until proven guilty. Often times, people who are accused of committing drug crimes are unaware of their rights and options for legal counsel and defense. If you have been accused of a drug crime, contact an experienced Colorado Springs criminal drug defense attorney who can help you build a strong defense.

Continue reading "Brother of Mexican Drug Lord Sentenced for Trafficking Marijuana " »

Colorado Springs was hit by 134 robberies in the last two months, according to an article in the Gazette on February 2, 2010. Police stated that 82 reported robberies occurred in January and 52 in December. Most of the robberies occurred at small businesses, fast food restaurants and banks throughout the city. Police have made arrests in 42 of the 134 cases. Officials believe that the spree is merely an anomalous spike rather than an overall trend of increasing crime.

“Crime trending is not done month-to-month, rather it’s done over several years,” stated a police spokesman. He also pointed out that the theft rate has gone down in the last few years, indicating that there were 608 reported robberies in 2006 and 530 in 2009.

Theft charges in Colorado are categorized as petty theft or grand theft, depending on the value of the items stolen. Without the help of an experienced criminal defense attorney, one runs the risk of being convicted of serious charges. If you, or a family member, have been accused of a robbery in Colorado, you need an experienced Colorado criminal defense theft attorney to help build a strong defense on your behalf.

Continue reading "Colorado Springs Hit by Robbery Spree" »

Police research shows that roughly half of the drivers arrested by police for driving under the influence of alcohol in 2009 were repeat offenders. Last year, Basalt police officers made 74 DUI arrests. Of these arrests, the agency was able to track down the records of 46 of those arrested and convicted, 25 of which had a prior DUI arrest in Colorado.

The police were unable to obtain the driving histories of the remaining 28 arrestees as they were from out of state and natives of other countries, predominantly Latino. The report also indicates that Basalt’s percentage of repeat DUI offenders is higher than the state average.

In the wake of these results, some argue for harsher DUI penalties, providing a stronger deterrent to potential offenders. Some Colorado lawmakers would like to pass a bill requiring a mandatory jail sentence for repeat offenders. This would make two or more DUI convictions a felony. Others argue that the state does not have the money to house thousands of additional inmates convicted of DUIs.

Continue reading "Alarming Number of Repeat DUI Offenders in Basalt" »

Twenty-five students from Skyview Middle School in Colorado Springs have been suspended after being caught “sexting.” The 6th grade students were allegedly forwarding a picture of a naked 12-year-old girl on their cell phones. Under Colorado law, the students could be facing a felony charge for the incident. The El Paso County District Attorney received the case for review on Wednesday afternoon. He stated that in cases like this one, mandatory education and counseling is the best first step for the students.

A parent of one of the suspended students believes that Skyview may have mishandled the situation. It is questionable as to why the students were suspended from school as the text was sent after school hours. In addition, the school’s resource officer threatened the students and told them that the incident will ruin their lives, preventing them from getting a good job later in life. School officials also interrogated the students and confiscated their cell phones without alerting parents.

Continue reading "Students Suspended for "Sexting"" »

Last December, Colorado Springs police launched an investigation on DUI test results, following a routine crime lab audit that showed 82 errors in blood alcohol test results. On February 1, 2010, the Colorado Springs Gazette reported that the police investigation has discovered 167 erroneous test results, which is double the number previously reported. A police spokesman stated that the inflated DUI test results are most likely due to human error, rather than equipment error or something inherent with the lab itself.

Since December, the police department has re-evaluated about 1,000 blood alcohol test results taken since January 2009. Meanwhile, prosecutors have been contacting individuals whose cases may have involved the flawed tests.

Continue reading "Flawed DUI Tests Double in Colorado Springs" »

The idea behind medical marijuana dispensaries is simple: marijuana is cultivated for individuals whom, in having a valid doctor’s prescription, are allowed to acquire and use the substance to help dull the symptoms, such as pain, associated with their medical conditions. However, according to a reporterherald.com article, Colorado medical marijuana dispensaries are beginning to be associated with crimes and other illegal activity that the dispensaries would like to distance themselves from as much as possible.

Police in Loveland have responded to multiple instances of dispensaries being robbed and private homes used to cultivate the marijuana being broken into by individuals interested in acquiring the substance. Further complicating matters, is the notion that law enforcement isn’t entirely certain how to differentiate between locations that are cultivating marijuana for medical dispensaries and those that do so in order to illegally sell it to others. With so much second-guessing, innocent individuals may be accused of committing illegal acts that should never have been deemed as such.

Continue reading "Instances of Crime On the Rise Near Colorado Marijuana Dispensaries" »

Technology has proven time and time again that it has the capability of simplifying our lives in a number of ways. However, one technological step forward is garnering criticism for being a potential invasion of privacy. According to a cnn.com article, a 2008 case was recently solved thanks to DNA found at the scene that did not match that of the suspect, but that of the suspect’s brother.

Because the individual whom the DNA belonged to was not in Colorado’s criminal database, initial results did not link him to the 2008 incident. However, investigators used new software that was part of a study being conducted by the district attorney’s office. This was done in order to see whether or not the DNA sample was a close enough match to any other individuals already in the criminal database. Ultimately, such a tactic was conducted in hopes that some sort of familial match would aid the investigation process. It worked.

Opponents of this new method argue that using DNA to locate individuals not associated with the crime committed, and then basing an investigation on such a connection, is a violation of the fourth amendment. However, law enforcement insists that DNA information gathered in this manner will not be used in a court of law as evidence, but will simply be used as an investigation lead that may or may not help them track down a suspect. According to the article, investigators compare this new technology tactic to an eyewitness in an auto accident only being able to obtain a partial license plate. In the same manner that the individual doesn’t know exactly what the entire number was, the individual is still able to provide law enforcement with a starting point for their investigation.

Continue reading "Is the Use of Familial DNA a Violation of Constitutional Rights?" »

Colorado’s NBC affiliate KUSA-TV recently reported that seven city blocks located near the University of Colorado served as the site of numerous acts of vandalism that ranged from theft to destruction of property. Reportedly, the acts of vandalism began early Saturday morning outside the First Congregational Church where one of the church’s doors was smashed in by a parking sign that the individuals responsible for the vandalism dislodged from the ground. The property damage continued across six more blocks, and resulted in thousands of dollars worth of damage.

According to the news story, Boulder Police did not have as many units in the area because of the Thanksgiving holiday weekend, when many University of Colorado students travel back home or out of town for the long weekend. Police investigating the random acts of vandalism are still looking for leads that may further their investigation. Depending on the total amount of damage that is determined to have been done, those responsible for the vandalism could face criminal mischief or more severe criminal charges.

Continue reading "Seven Blocks Vandalized Near University of Colorado, Church Door Smashed" »

An almost 10-year-old sexual assault case has resurfaced after an Arapahoe County District Court Judge agreed to assign a special prosecutor to file charges against the accused. According to an aurorasentinel.com article, the incident in question occurred at a high school graduation party in 2000. Allegedly, a young woman claims that two of her classmates had intercourse with her without consent being given. Reportedly, the young woman had been drinking the night of the alleged incident. There was no mention of whether or not the two men accused of the act were also consuming alcohol the night of the party.

Initially, the woman did not want to testify against the young men, rendering prosecutors unable to file criminal charges against the men. However, after one of the two men was investigated for his connection to an alleged Colorado University incident of rape in 2004, the woman asked the Arapahoe County District Attorney’s Office to reconsider filing charges in her case. The D.A.’s office declined to reconsider, citing the long amount of time that had passed since the incident as to why charges would not be pursued. The woman again sought filing charges in 2007, and, after an initial refusal to do so, was granted her request.

Continue reading "Decade Old Aurora Rape Case Reopened by Arapahoe Judge" »

According to the site timescall.com, a composite sketch of a robbery suspect was recently released in hope that someone may recognize the suspect and furnish police with information that may lead to that suspect’s arrest. The suspect in question is sought in connection to a robbery that occurred at a Subway restaurant located on the 1800 block of Hover Street in Longmont. Police detectives are still investigating the incident, and are seeking help from the public.

According to Colorado Law Enforcement Agency Uniform Crime Reports, there were a total of 3,365 occurrences of robbery in 2008. Burglaries occurred on a more regular basis, with numbers totaling 28,256. Although both of these numbers were slightly down from 2007 figures, instances of theft and robbery crimes are still prevalent in Colorado. Per 100,000 inhabitants in 2008, there were 68.1 instances of robbery, and 572 instances of theft. Both numbers indicate that there is a definite need for experienced defense attorneys in the state of Colorado.

Continue reading "Longmont Subway Sandwich Suspect Steals Cash, Sketch Released" »

Investigations are only as accurate as the individuals who conduct them. While necessary precautions are taken to ensure that test results are as accurate as possible, error can still result. According to a recent article posted on springsgov.com, the validity of blood alcohol concentration (BAC) readings arrived at by the Metro Crime Lab has been brought into question. An internal investigation revealed that some tests, administered from 2009 to the present, were determined to have been initially reported at higher levels than the actual results should have warranted. That is, approximately 82 tests have been deemed inaccurate thus far. During the time period of admitted inaccuracy, the Metro Crime Lab processed approximately 1,000 tests. Investigation into the matter and retesting of results by a Senior Forensic Chemist are both ongoing.

The cause of this problem is still being looked into, with both the Colorado Springs Police Department (CSPD) and The Colorado Bureau of Investigations (CBI) conducting investigations into the matter. Also, the manufacturer of the equipment used in gathering the blood alcohol concentration numbers, Agilent Technologies, has also looked into whether or not the equipment used during the testing was defective or improperly calibrated. Regardless of the reason though, individuals who were initially deemed to be above the legal limit in terms of BAC may not have been over the limit at all. Therefore, charges brought against those individuals may have been based on erroneous information.

Continue reading "Colorado Springs Metro Crime Lab Finds Errors in 2009 BAC Testing" »

According to Colorado’s ABC affiliate, KRDO News Channel 13, a traffic accident took place at the intersection of Circle Drive and Union Boulevard. The accident involved two vehicles, one of which allegedly ran through a red traffic light. Reportedly, a white van entered the intersection against the traffic light, and struck another vehicle. The driver of the struck vehicle sustained broken bones and possible spinal damage, while the injuries of the driver of the white van were not reported. However, both drivers were taken to the hospital for treatment of their injuries.

The driver of the white van is currently facing charges for DUI in Colorado. While the story did not go into detail regarding how law enforcement was able to come to the suspicion that the man was driving under the influence, it is safe to assume that either field sobriety tests were administered, or the police felt there was enough evidence of intoxication to establish probable cause. In any event, it is essential that sobriety tests of all kinds are properly administered by properly trained law enforcement officials to ensure that an otherwise innocent individual is not accused of DUI.

Continue reading "Alleged DUI Driver Runs Red at Circle and Union" »

Golden, Colorado police are investigating a robbery committed by two bandana-wearing suspects. According to an NBC news, channel 9 report, a woman told police that two men broke into her house and forced her into a closet before robbing her. The men were described by the woman, although facial descriptions were lacking because of the bandanas that each man wore. According to investigating officials, the suspects took cash and medical marijuana from the home, leading police to believe that the two robbers were aware of the marijuana’s presence and, therefore, probably know the woman.

Robbery crimes can be problematic. Unless stolen merchandise is found to be in an individual’s possession, it is often difficult to declare that a certain individual, particularly one that supposedly knows the victim, is in fact guilty of robbery. In the above mentioned case, if the woman does in fact know the two men responsible for the alleged crime, then there may be physical evidence of the two men present in the home. However, such evidence does not support the robbery per se, only that the individuals (whom she may have previously welcomed into her home) were present in the house at some point.

Continue reading "Closet Caper Leaves Woman Robbed" »

A traffic accident in Fort Collins has left a 19-year-old female passenger in critical condition and the 22-year-old male driver of the vehicle in custody on suspicion of driving while under the influence. A coloradoan.com article talks about the details surrounding the crash. Reportedly, the vehicle involved in the crash was traveling on Larimer County Road 38E during early morning hours. When the driver attempted to make a left hand turn, the SUV rolled over, passenger-side down. The 19-year-old woman was partially ejected from the vehicle, with the weight of the vehicle somewhat placed on top of the woman. According to the news story, neither the man nor woman was wearing a seatbelt. Furthermore, conditions at the time of the crash were snowy, making roads hazardous.

The 22-year-old driver was arrested on suspicion of vehicular assault, DUI, and careless driving. Though evidence collected at the scene may indicate such offenses, it is essential that all vehicular crashes are thoroughly investigated in order to determine the exact cause and what contributing factors led to the crash in the first place. Certainly, given the type of vehicle that was being driven and the adverse weather conditions at the time of the crash, blame for a rollover crash cannot be solely attributed to the fact that an individual was supposedly under the influence in some way. While it will be determined in a court of law what degree of wrongdoing was actually committed, it is important for all the details of the case to be carefully examined so that the proper verdict is handed down.

Continue reading "DUI Suspect in Larimer County Rollover Accident" »

The social stigma associated with being convicted of a sex crime can greatly impact an individual for the rest of his or her life. According to a coloradoan.com story, a 31-year-old man that was previously convicted of second-degree sexual assault and served the majority of a seven year prison sentence has decided to move. As consequence of this, local law enforcement has called a mandatory meeting of the Fort Collins community to inform the public of the individual’s new whereabouts. The mandatory meeting is required by law whenever a sexually violent predator moves into a new neighborhood, or simply moves from one house to another in the same neighborhood. Specifically, the meeting will “provide notification of [the] offender and generally enhance public safety and protection, [and] be presented by a team of professionals involved in the management of sex offenders in the community.”

Even though the 31-year-old is subject to neither parole or probation supervision, he is still considered a threat by his community. Such a label can certainly impact his ability to find suitable housing, gainful employment, and can place stress on any new relationships he may form, not to mention the strain that has already been placed on his current friends and family. While avoiding such a stigma can be difficult, such avoidance is not impossible. By retaining the services of a skilled Colorado Springs sex crimes attorney, an accused individual may be able to lead a normal life again, even after charges have been brought against them.

Continue reading "Sex Crime Stigma Spurs Fort Collins Community Meeting" »

Technology is changing the way we function in our day-to-day lives all the time. A recent NBC news, channel 9 report talks about a new method of providing local police with tips and other information that may help curb crime throughout Colorado. A text messaging tip-service, introduced by Metro Denver Crime Stoppers, will join the email and telephone tip-services that the non-profit organization already utilizes to assist more than 20 Denver metro law enforcement agencies solve crimes.

Reportedly, Crime Stoppers will review the anonymous tips that are received, and forward those tips to the appropriate agency. Successful text tips, just like the phone and email tips, may result in the tip provider being awarded up to $2,000 if the tip provides information that leads to the arrest of a wanted individual.

The story cites the notion that, with so many people text messaging as a means of communicating nowadays, text messaging tips should prove instrumental in helping solve crimes throughout the state of Colorado. However, as with all anonymous tips provided by the general public, these tips need to be carefully screened in order to ensure that the innocent individuals are not accused of and even arrested for crimes that they didn’t commit. While it remains to be seen whether or not a service such as this will be a blessing or a mistake, the concept is certainly a good one, provided it isn’t abused by individuals that find some sort of satisfaction out of providing anonymous tips that have no merit.

Continue reading "Fighting Crime With Your Fingers" »

According to NBC news affiliate KUSA-TV, channel 9, police are looking for an individual that robbed a liquor store. Reportedly, the thief asked the clerk if he could make change of a $20 bill and then proceeded to rob the establishment once the cash register drawer was open. Surveillance footage from the scene of the crime shows the man to be Caucasian, wearing a long black coat, large dark sunglasses, and a white hat. Police investigating the case hope that the footage and description may spark someone’s memory, and lead to further information about the whereabouts of this man or his identity; possibly aiding the investigation process and leading to an arrest in the case.

While releasing surveillance footage and suspect descriptions to the general public is a useful tool that can assist police investigations, false accusations are certainly a concern for individuals that even remotely fit the description of the suspect shown in the surveillance footage. While your average citizen would be more than willing to assist in a police investigation if it meant an arrest would more than likely be made, such general public assistance is not always accurate. Public help can ultimately be little more than an attempt to assist law enforcement even though the information being relayed is nothing more than speculation.

Continue reading "Liquor Store Thief Keeps the Change" »

The Denver Daily News recently reported that a 35-year-old man was charged with burglary and criminal trespassing after attempting to flee from an east Denver home. Though witnesses did not see the man enter the home, residents of the home did see the man climbing out of a bedroom window before fleeing on foot. No property was reported to have been taken.

According to the report, the residents of the home returned to their house one evening to discover that lights were turned on inside the residence. The residents had not left the lights on when they had originally left the house, so they grew suspicious and called police. While waiting for police to arrive, the residents witnessed the man leaving the premises through the window. Police soon apprehended the man near the scene of the crime.

It was determined that the man had rifled through clothing drawers and piled underwear on a bed. The man now faces second-degree burglary and first-degree criminal trespass charges. Though more specific details of this case were not released, particularly the would-be burglar’s state of mind, it can be inferred that some sort of mental health issue may have played a role in his actions. It was not reported that the man took anything from the residence, so it would appear as though he simply ransacked the home and then decided to flee the scene. Numerous issues will undoubtedly be brought to light in his criminal defense case.

Continue reading "Alleged Burglar Ransacks Denver Home" »

According to denverpost.com, a former high school teacher was arrested for alleged sexual assault charges against a minor. The 34-year-old man was taken into custody by the Larimer County Sheriff’s Office after a former student claimed that she was assaulted in May 2009 and is now pregnant. The suspect has no known prior history of sexual assault in Colorado, and is being held without bail.

The 16-year-old girl who made the allegation is the only student to have reported an assault of any kind so far. Needless to say, the accused teacher was dismissed by Eagle Rock School upon being taken into custody. The school, located in Estes Park, is a private school with a year-round curriculum.

Though in this case there may be evidence that has the potential to prove beyond a shadow of a doubt that the accused man is in fact the father of the 16-year-old girl’s baby, the circumstances under which the alleged assault took place have yet to be completely confirmed. Whether or not he is declared guilty of sexual assault charges is an issue that the Colorado court system will have to decide.

Continue reading "Estes Park Teacher Allegedly Impregnates Student" »

According to denverpost.com, Colorado Governor Bill Ritter plans to counteract the inflating state budget through reducing Colorado’s prison population by 1,000 in a one year period. Though it is speculated that the release could save the state a reported $19 million, it would in fact not only lead to layoffs within Colorado’s private prison sector, but would place convicted criminals back on the streets earlier than they were supposed to have been. According to Denver Police Chief Gerry Whitman, the prisoner release is of “great concern” to residents all across the state of Colorado.

According to the proposed plan, parole sentences will be cut down for some former inmates to help make it possible for newly released inmates to be more closely kept track of. An estimated 5,700 inmates or paroles may see their status change as a result of the plan. It should also be pointed out that the state of Colorado, in releasing prisoners, will only grant this new freedom to non-violent sex offenders. No word was given as to when this plan would go into effect.

It is speculated that this early release of prisoners will ultimately lead to new crimes being committed sooner than they would have been if prisoner sentences would have been served in full. However, this speculation could in fact lead to false accusations, particularly since expectations to commit crimes will be higher and those who are released from prison, rehabilitated or not, will undoubtedly be more closely examined in terms of behavior, almost in defiant opposition to the belief that all people are innocent until proven guilty.

Continue reading "Cuts to Prison Pop Puts Offenders Back on the Streets" »

According to Coloradoan.com, 15 people were indicted on 44 felony counts for operating a cocaine distribution ring that stretched from Colorado to Wyoming. The majority of “the suspects were indicted on suspicion of violating the Colorado Organized Crime Control Act,” according to the website. The drug ring allegedly sold cocaine to local Colorado distributers.

The extent of charges to be brought against these individuals is ultimately dependent on their involvement in the day-to-day operations of the drug ring. While the story does point out that some of the individuals were more heavily involved than others, it is important to remember that involvement in any sort of crime does not automatically garner, nor should it, the same punishment for every individual declared to have been involved.

Obviously, as in most enterprises, both legal and illegal, it is commonplace that an individual or group of individuals is usually afforded more authority and control over the enterprise than most other members. In criminal trials, it is vital that those who are in fact involved in a lesser degree are not inappropriately punished, possibly at the expense of allowing a more authoritative individual to sustain lesser charges as a result.

Continue reading "15 Busted in Drug Ring Crackdown" »

According to thecherrycreeknews.com, a crash scene involving a passenger car and a motorcycle was recreated for the benefit or warning motorists of the dangers associated with driving under the influence. Put on by members of the Pikes Peak Region DUI Task Force, the event marks the kickoff of the national DUI crackdown amongst motorists, particularly throughout the remaining days of summer.

According to Colorado Springs Police Department Sergeant Craig Simpson, “The Pikes Peak Region DUI Task force is committed to saving lives by using all available resources to keep drunk drivers off our highways, roads and streets. Impaired driving is a crime that has devastating impacts for the perpetrator and the victim. As the final days of summer come to a close, we hope everyone will make the right choice to designate a sober driver if they plan on drinking.” Law enforcement agencies in Colorado plan on increasing the number of active patrols who are on the lookout for impaired drivers, as well as conduct numerous saturation patrols throughout the DUI crackdown period, particularly Labor Day weekend.

Saturation patrols and DUI checkpoints are effective means of helping curb the driving while under the influence problem, but must be properly conducted in order to ensure that innocent motorists are not accused of and arrested for driving under the influence.

Continue reading "DUI Checkpoints to Be Held Labor Day Weekend" »

Colorado law enforcement agencies will soon have access to federal immigration and criminal databases allowing them to promptly identify illegal immigrants at the time of an arrest. According to this news report, the U.S. Immigration and Customs Enforcement's Secure Communities program allows police officials to check fingerprints of people under arrest against the Federal Bureau of Investigation's criminal history records as well as the Department of Homeland Security's immigration records.

Colorado will become one of 10 states in the nation that participate in this program including California, Florida, Massachusetts and Texas. ICE is apparently planning to roll out the program nationwide, with parts of Colorado beginning to participate this year. How is this different from the current system? Instead of calling immigration officials and waiting for an answer, local law enforcement officials will be able to instantly screen all arrestees for immigration status.

If you have been arrested on suspicion of a crime or charged with a crime in Colorado, you are already facing serious consequences. They may include jail time, hefty penalties, losing your driving privilege or your professional license. In addition to all those consequences, now an arrestee in Colorado also faces the instant possibility of being deported.

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Not many parents and teens realize it. But when a teenager uses his or phone to exchange nude pictures of themselves, it could be treated as a sex crime in Colorado and a teenager may even have to register as a sex offender. According to this news report, when it comes to the issue of sexting, technology has outpaced the provisions of Colorado criminal law.

A number of counties are slowly realizing that these teens don't need to be sent to jail or marked as a sex offender. What they really need is counseling about the importance of self- respect – respecting their own bodies and developing a sense of self-esteem. However, some law enforcement agencies in Colorado will not hesitate to prosecute sexting as a sex crime because according to Colorado law, it falls under distribution of child pornography or sexual exploitation– very much a sex crime. Right now, sexting can fall under the sexual offender laws, which makes the penalties pretty severe for what is a consensual act among minors. In fact, it is a felony and the county prosecutors will have to treat these cases as such, whether or not they want to do that.

This news report reminds us that we as parents have an important responsibility in this digital age to closely monitor how our teens use their cell phones.

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Colorado park rangers are warning drivers about boating under the influence this summer. According to this news report, Colorado's boating under the influence laws became harsher in August with the limit for boating under the influence lowered from the 0.10 blood alcohol content to match the state's driving under the influence laws at 0.08 percent. Officials say this new law gives rangers more leeway in determining whether a boater is intoxicated. The methods that rangers use to determine a potentially drunk boater are similar to tests used on roadside sobriety checks.

Rangers typically do safety inspections on boaters or stop them if they see boaters acting recklessly or operating their vessels dangerously. The sobriety tests are a little different from those done on the road because the tests usually include a 20-minute wait on the shore to remove the possibility that a person may be off-balance because of being on the water. Sentences for first-time offenders for boating under the influence in Colorado could range from five days to six months in jail and a fine of $100 to $1,000, and as many as two years probation and a mandatory three-month ban on boating in state waters.

Continue reading "Boating Under the Influence Laws Stricter in Colorado" »

Colorado Springs Police have arrested two men on suspicion of theft and various traffic violations. According to this KOAA news report, motorcycle officers tried to make a traffic stop on a Hyundai for a defective windshield. However, the car driver did not stop, ran a stop sign and then crashed into a retaining wall while trying to turn into an alley, police said. Police pursued the driver and a passenger on foot and arrested them. The car was stolen, the report says. The driver of the car faced theft charges, multiple traffic charges and had three outstanding felony warrants. The passenger was served and released on theft charges, the report states.

Theft charges in Colorado are usually categorized into petty theft and grand theft – depending on the value of the items stolen. In cases where it involves auto theft, it will most likely be a felony charge. Traffic charges can also land you in quite a bit of trouble. If you are a repeat traffic offender, you run the risk of your license being suspended or revoked.

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Colorado Springs police officials have arrested a juvenile on suspicion of shooting and killing a 43-year-old man, according to this KOAA news report. The man's body was found on a hiking trail near the Marvin J. Urban picnic pavilion in Palmer Park. He had died of multiple gunshot wounds, officials said. Police are not releasing the name of the suspect because he is a juvenile. The investigation is ongoing.

When a juvenile is accused of a Colorado violent crime or felony such as homicide, it could have lifelong consequences on the young person. Juvenile courts in Colorado work differently than regular courts or "adult courts." However, this does not mean that children accused of serious crimes are let off easy. The pluses to having your child's case tried in juvenile court include protection of your child's identity and privacy, and the ability to have the hearings closed to the public and media. Still, in some cases, prosecutors can ask a judge to treat the juvenile "as an adult." What this means is that your child's case could be moved to an adult court where the case could become a public spectacle. This could happen with serious crimes such as murder, homicide or sexual assault cases.

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Colorado Springs Police have arrested five people on suspicion of distributing cocaine, according to this KRDO news report. The arrests reportedly came after a two-month investigation and a sting operation by the Tactical Enforcement Unit. Officials apprehended one of the suspects as he tried to deliver 923 grams of cocaine to an undercover detective. Four others were arrested while inside another car at the scene of the drug crime in Colorado Springs. Officials further obtained warrants and searched three homes and as a result, seized $8,136 in cash, four cars, two handguns and 1,143 grams of cocaine valued at over $114,300.

Very often, individuals who are charged with drug possession or drug distribution in Colorado are not aware of all their legal rights and options as a defendant. Accepting a seemingly good plea bargain from a prosecutor may seem like an easy way out, but may have devastating and far-reaching consequences in the long run. This can be avoided if you have a competent and skilled Colorado drug defense attorney representing you.

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The police chief of Avon, Colorado, is saying that he wants to change current Colorado laws and require suspected drunk drivers to submit to a blood test if they say no to a Breath test. According to this CBS News report, Police Chief Brian Kozak is saying that he wants this rule change because "some drunk drivers don't get the punishment they deserve."

Drivers in Colorado can legally refuse a Breath or blood test if there are no injuries or death. The chief is saying that he wants this new law to be used based on DUI history. For example, he says first-time offenders for a DUI in Colorado will likely not be asked to give a blood sample. However, based on this new law, if more suspected offenders refuse a blood test, then police can seek a search warrant from a judge and use that to draw blood from the person.

Kozak's plan basically eliminates a repeat offender's right to refuse a blood test for alcohol content. Kozak says he does not anticipate any legal problems because he says Colorado law states police officers can obtain a search warrant for any type of crime and "why should we treat DUI any different?"

Such a law would infringe on the rights of all drivers. Colorado law states that drivers have the right to refuse breath or blood tests under most circumstances.

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An Aspen, Colorado, masseur is in trouble with the law after he was arrested for allegedly fondling and kissing a female customer, according to this news report. The man faces one misdemeanor count of unlawful sexual contact in connection with the incident. He also faces up to 18 months in jail and would have to register as a sex offender, if convicted. The judge has also issued an order forbidding the man from have any type of contact with the alleged victim.

The victim apparently told police that she went to the business for a back massage and was then taken to a table behind a screen. At some point during the massage, the victim said, she was told to lie on her back when the masseur kissed her without permission and touched her inappropriately.

Even relatively minor Colorado sex crimes can result in a requirement to register as a sex offender and complete sex offender treatment. Such a requirement mandates that you constantly update authorities about your residence and whereabouts and even require you to take polygraph tests to make sure you are compliant with your probation orders. A sex offender conviction can cause much devastation in your personal life, relationships, job, career and future.

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Even as Coloradans are preparing to hit the roadways for the summer travel season, the Colorado State Patrol and law enforcement agencies across the state of Colorado are getting ready to embark on an unprecedented level of summer-time DUI enforcement called "100 Days of Heat." According to this news report, the campaign includes additional DUI enforcement periods and plans for more than 150 sobriety checkpoints between the Memorial Day and Labor Day holidays. According to statistics, more than one-third of all alcohol-related fatalities in Colorado occurred between the two holidays.

What does this mean for motorists? This means that there will be a lot of targeted enforcement this summer. Officials will increase patrols to target roadways that are known to be Colorado DUI hot spots. DUI checkpoints are dangerous because you may be stopped, even if there is no probable cause to stop you. Officers are extremely motivated to "find" DUI offenders during such targeted patrols. Normally, a DUI traffic stop occurs when an officer sees a motorist driving erratically, for example. But with a DUI checkpoint, a traffic stop is random.

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Colorado Springs police are investigating a serious auto accident where both drivers involved were allegedly driving under the influence. According to this KKTV news report, the two cars – a Ford sedan traveling west on Colorado Avenue and a Nissan SUV driving south on 24th Street – collided. Both drivers were admitted to the hospital in serious condition while passengers in both vehicles were treated for minor injuries. Police say both men will be charged with Colorado Springs DUI and vehicular assault. Both are expected to be arrested after they are released from the hospital.

Each state in the United States has its own set of DUI laws, but there are certain concepts that are common to most states. In all states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. It is also illegal to drive under the influence of illegal drugs – be it recreational or prescription drugs. Both the criminal and civil penalties for drunk driving can be harsh and could include loss of license, hefty fines, jail time, community service, restitution, probation and mandatory substance abuse treatment. If you are a repeat offender, the consequences may be even more severe.

If you or a loved one has been charged with a DUI or DWAI in Colorado Springs, you need a knowledgeable and experienced Colorado Springs DUI defense attorney on your side fighting for your rights and skillfully defending your charges. Please call The Bussey Law Firm for a free consultation. We will help you keep your driver's license and help minimize the adverse effects a DUI can have on your life and your criminal record. Please call us today to find out how we can help you get a favorable outcome in your Colorado Springs DUI case.

A key official in the Colorado Springs Chamber of Commerce is facing felony drunk driving charges in Colorado after officials say she caused a car accident that seriously injured her passenger. According to this news report in The Gazette, the 40-year-old woman was speeding in her 2002 Lexus around a curve on Hill Circle Drive in the Kissing Camels Estates when she lost control of the vehicle, ran into a median, struck a tree and careened another 60 feet before coming to a stop.

Both the driver and passenger were seriously injured and had to be extricated from the car by emergency crews. The driver is apparently still in the hospital with injuries. Once she is released from the hospital, officials say she will be arrested on suspicion of reckless driving, DUI and vehicular assault.

It is an offense in Colorado to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher. Blood alcohol content is usually measured using breath or blood tests. Most times, arresting law enforcement officials administer what are known as "field sobriety tests" to determine whether or not the driver is intoxicated or impaired. As a DUI defendant in Colorado, you have legal rights.

If you've been charged with driving under the influence or driving while ability impaired (DWAI) or with any traffic violation, it would be in your best interest to consult an experienced Colorado Springs criminal defense lawyer right away.

A skilled Colorado DUI defense attorney can help you protect your driving privilege and make sure that your case is completely reviewed for defense strategies. If you or a loved one is facing DUI charges, please call The Bussey Law Firm P.C. to schedule your free and confidential consultation.

An El Paso County sheriff's detective faces several charges after a police pursuit and confrontation in February. According to this Associated Press news report, the major crimes detective at the sheriff's department was subdued by a shot with a sponge round and a police dog on Feb. 28. The detective faces two counts of felony menacing, prohibited use of a weapon, vehicular eluding, resisting arrest, reckless driving and driving under the influence in Colorado. The deputy is on paid administrative leave pending his trial. The charges apparently came after the confrontation in a Franktown parking lot when the officer refused to be pulled over. He was said to be "suicidal" at the time.

Felony crimes usually result in the most severe punishments that the criminal justice system is authorized to impose. If you or a loved one has been charged with a felony DUI in Colorado Springs, it is critical that you contact an aggressive and skilled felony DUI defense lawyer. Examples of felony crimes include homicide, robbery, assault, burglary, sexual assault or rape. Driving under the influence can become a felony if the incident involves significant injury to another driver, passenger or pedestrian.

Felony crimes in Colorado are usually punished with a lengthy prison sentence and severe monetary penalties. A top Colorado criminal defense attorney can help get your charges dismissed or reduced and even help get your fines lowered. If you have been charged with a felony crime in Colorado, please call The Bussey Law Firm P.C. to get more information about your legal rights and options. Initial consultations with us are always free.

A Colorado Springs vending machine worker has been arrested on suspicion of inappropriate behavior at a local high school, according to a Denver Post report. The 36-year-old man turned himself in to police. He was booked on four offenses for sex crimes in Colorado including sexual exploitation of children and unlawful sexual contact.

The arrest reportedly occurred after a school resource officer was informed by a school administrator about complaints from several female students about a man who serviced vending machines in the building. The students told the assistant principal that he would ask them to "do things that were inappropriate." The man apparently works for a vending machine company in Colorado Springs that delivers vending machine products to various high schools in the south metro area. An investigation is ongoing.

Sex crime cases, especially against minors, can have serious consequences for a defendant. It can be worse if the alleged crimes occurred during the course of the person's work. In most of these sex crime cases, consequences include lengthy jail time, losing your job, your reputation, and required registration as a sex offender. A wrongful conviction can have disastrous consequences on your life and destroy your future.

Please do not let this happen to you. If you have been charged with a sex crime, please call an top Colorado Springs sex crime defense attorney at The Bussey Law Firm P.C. We will examine the evidence carefully and build a winning defense that will get your charges dismissed or reduced. Our experienced Colorado criminal defense attorneys will work hard to get the best possible result in your sex crime case. Please call The Bussey Law Firm P.C. to schedule your free consultation and case evaluation.

A 20-year-old woman was arrested following a three-car collision on Austin Bluffs Parkway. According to a recent article posted on Southern Colorado’s KKTV.COM, the woman was arrested on suspicion of DUI in Colorado and vehicular assault.

The Colorado Springs car accident happened near the University of Colorado campus as the woman, who was driving eastbound on Austin Bluffs, lost control of her car. Her Toyota Camry then crossed the median into the westbound lanes and hit a Geo Tracker as well as a Ford pick-up truck, Colorado Springs police said. The driver of the Tracker suffered “serious bodily injury” as his auto rolled over in the crash.

Continue reading "Colorado Springs Drunk Driving Incident Responsible For Multiple Auto Accidents" »

A 37-year-old man has been arrested in connection with a woman's murder in Colorado Springs. Her body was discovered lying face down in a ditch by a school bus driver on February 10. According to this news report in the Denver Post, the suspect was arrested for investigation of first-degree murder in Colorado. He was also charged with possession of a weapon by a previous offender. The suspect apparently also has prior convictions for illegal drug possession and assault from a separate case in 2006, the news article states.

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A Colorado Springs accident that involved two autos ended with the arrest of a hit-and-run driver, according to this recent news report in KKTV.COM. The two-vehicle collision happened near Austin Bluffs and N. Academy.

More details have not been made available in this report and the driver who was arrested has not been identified. The hit-and-run car was found a short time after the accident. Police arrested its driver for Driving Under the Influence (DUI) and he was taken to an area hospital for treatment. The driver of the other car that was hit, was not injured, the article said.

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A 39-year-old man from Colorado Springs has been arrested and charged with online child pornography, according to this news report. He was arrested after detectives apparently caught him acting inappropriately with someone he believed to be an underage girl online. Detectives say the chats between the man and the “girl” became sexual in nature. He faces three counts of internet sexual exploitation of a child and six counts of promotion of obscenity to a minor.

More and more law enforcement agencies – be it local or federal – are getting extremely aggressive when it comes to Internet child pornography and sex crime cases. The consequences of being arrested on suspicion of a sex crime can be devastating. Even if you are not eventually convicted, when you are accused of committing a sex crime, it tarnishes your reputation.

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Three people refused to leave a home during an hours-long standoff that ended when a SWAT team broke down the door with a battering ram. The three individuals — a man, woman and a juvenile — were apparently unarmed and hid from police who had to search a house at 1720 Dixie Place before arresting them on criminal charges.

The adults are Van Sanchez, 54, and Jacqueline Olson, 19. Sanchez has a police record dating to 1983 that includes drug possession, DUI, domestic violence, shoplifting and auto theft, according to the Colorado Bureau of Investigation. Olson has been arrested a number of times, mostly for traffic violations including misuse of plates, driving under restraint and driving without a license.

The juvenile wasn't identified. All three will be charged with failure to obey an order to vacate, a misdemeanor, police Lt. Ron Saunier said.

Police raided the same house last week in connection with the report of stolen property being on the premises. No arrests were made as a result of that investigation. At about 10 a.m. Wednesday, police officers who were cruising the neighborhood spotted someone they believed was wanted in connection with the stolen property. That person ran into the house and refused to come out, Saunier said.

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