Colorado Springs Criminal Law Blog

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.

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Posted In: Criminal Charges , Drug Charges , Law & Information

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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.

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Posted In: Criminal Charges , Law & Information , Theft Defense

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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.

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Posted In: Criminal Charges , Drunk Driving/ DUI , Law & Information

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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.

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Posted In: Criminal Charges , Juvenile Crime , Law & Information , Sex Crimes

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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.

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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.

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Posted In: Criminal Charges , Drug Charges

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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.

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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" »

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Posted In: Criminal Charges , Juvenile Crime

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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.

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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" »

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Posted In: Criminal Charges , Theft Defense

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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.

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Posted In: Criminal Charges , Drunk Driving/ DUI , Law & Information

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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" »

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