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      <title>Colorado Springs Criminal Law Blog</title>
      <link>http://www.coloradospringscriminallawblog.com/</link>
      <description>Published By Timothy Bussey </description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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         <title>Instances of Crime On the Rise Near Colorado Marijuana Dispensaries</title>
         <description><![CDATA[<p>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. </p>

<p>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.</p>]]></description>
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         <category>Drug Charges</category>
         <pubDate>Wed, 13 Jan 2010 07:00:00 -0700</pubDate>
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         <title>Is the Use of Familial DNA a Violation of Constitutional Rights?</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2010/01/is_the_use_of_familial_dna_a_v.html</link>
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         <category>Law &amp; Information</category>
         <pubDate>Wed, 06 Jan 2010 07:00:00 -0700</pubDate>
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         <title>Seven Blocks Vandalized Near University of Colorado, Church Door Smashed</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/12/seven_blocks_vandalized_near_u.html</link>
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         <category>Juvenile Crime</category>
         <pubDate>Wed, 30 Dec 2009 07:00:00 -0700</pubDate>
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         <title>Decade Old Aurora Rape Case Reopened by Arapahoe Judge</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/12/decade_old_aurora_rape_case_re.html</link>
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         <category>Sex Crimes</category>
         <pubDate>Wed, 23 Dec 2009 07:00:00 -0700</pubDate>
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         <title>Longmont Subway Sandwich Suspect Steals Cash, Sketch Released</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/12/longmont_subway_sandwich_suspe.html</link>
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         <category>Theft Defense</category>
         <pubDate>Mon, 21 Dec 2009 11:31:04 -0700</pubDate>
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         <title>Colorado Springs Metro Crime Lab Finds Errors in 2009 BAC Testing</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/12/colorado_springs_metro_crime_lab_finds_bac_errors.html</link>
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         <category>Drunk Driving/ DUI</category>
         <pubDate>Fri, 11 Dec 2009 15:57:18 -0700</pubDate>
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         <title>Alleged DUI Driver Runs Red at Circle and Union</title>
         <description><![CDATA[<p>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.</p>

<p>The driver of the white van is currently facing charges for <a href="http://www.timothybussey.com/">DUI in Colorado</a>. 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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/12/colorado_springs_attorney_driving_under_the_influence_criminal_defense.html</link>
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         <category>Drunk Driving/ DUI</category>
         <pubDate>Wed, 02 Dec 2009 07:00:00 -0700</pubDate>
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         <title>Closet Caper Leaves Woman Robbed</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/11/closet_caper_leaves_woman_robbed.html</link>
         <guid>http://www.coloradospringscriminallawblog.com/2009/11/closet_caper_leaves_woman_robbed.html</guid>
         <category>Theft Defense</category>
         <pubDate>Wed, 25 Nov 2009 07:00:00 -0700</pubDate>
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         <title>DUI Suspect in Larimer County Rollover Accident</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/11/dui_suspect_in_larimer_county_rollover_accident.html</link>
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         <category>Drunk Driving/ DUI</category>
         <pubDate>Wed, 18 Nov 2009 07:00:00 -0700</pubDate>
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         <title>Sex Crime Stigma Spurs Fort Collins Community Meeting</title>
         <description><![CDATA[<p>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.”</p>

<p>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. </p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/11/colorado_sex_crime_assault_second_degree_defense_lawyer.html</link>
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         <category>Sex Crimes</category>
         <pubDate>Wed, 11 Nov 2009 07:00:00 -0700</pubDate>
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         <title>Fighting Crime With Your Fingers</title>
         <description><![CDATA[<p>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. </p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/11/criminal_defense_colorado_springs_attorney.html</link>
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         <category>Law &amp; Information</category>
         <pubDate>Wed, 04 Nov 2009 12:14:01 -0700</pubDate>
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         <title>Liquor Store Thief Keeps the Change</title>
         <description><![CDATA[<p>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.</p>

<p>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. </p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/10/colorado_springs_theft_crime_defense_lawyers.html</link>
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         <category>Theft Defense</category>
         <pubDate>Tue, 27 Oct 2009 07:00:00 -0700</pubDate>
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         <title>White-Collar Mortgage Crime Ends With 10 Sentenced</title>
         <description><![CDATA[<p>According to the Denver Business Journal, a Nigerian national has been deemed the ringleader in a multimillion-dollar mortgage fraud scheme. The 45-year-old was sentenced to 30 years in prison for the scheme, and will be deported back to Nigeria once his prison sentence is completed. The man was convicted on a total of four felony counts, and, along with nine others, was deemed responsible for, according to Attorney General John Suthers, “one of the most expansive and heinous mortgage fraud rings [ever] seen in Colorado.”</p>

<p>Charges involved in this case ranged from forgery to theft and computer crime. A total of 34 real estate deals were connected to these crimes with false invoices, the establishment of shell corporations, and a host of inaccurate information being exchanged with mortgage lenders (in order to acquire larger mortgages) all being utilized in the deception. These infractions, while not violent, are still criminal acts, and are often labeled as white-collar crimes. Typically, the theft or unlawful obtaining of information is deemed as a white-collar infraction, and such charges can be just as harsh as those associated with violent crimes. Particularly since white-collar crimes tend to be committed in tandem with one another, linking multiple charges together can result in harsher, compounded sentences.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/10/colorado_springs_white_collar_mortgage_crime_ends_defense_attorneys.html</link>
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         <category>White Collar Crime</category>
         <pubDate>Tue, 20 Oct 2009 07:00:00 -0700</pubDate>
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         <title>Could Budget Cuts Botch Future Investigation?</title>
         <description><![CDATA[<p>A recent article in the Aurora Sentinel explained that recent legislation will translate to significant budget cuts for Colorado law enforcement. However, the budget cuts will not necessarily directly affect local law enforcement. Instead, the cuts will focus on the Department of Corrections and the Colorado Bureau of Investigation’s DNA laboratory, both of which may indirectly affect local agencies and Colorado citizens. That is, with cuts to the Department of Corrections, educational programs for inmates will be eliminated. In addition, a new parole program will be put into effect that will allow individuals eligible for parole to acquire parole sooner and be alleviated of requirements that were previously expected of them. As for the CBI’s DNA lab, cuts will result in the removal of two lab tech positions, which could have a negative impact on law enforcement agencies that regularly rely on testing and results from the lab in regard to criminal investigations from local crime scenes.</p>

<p>Although this particular budget cut isn’t supposed to affect the number of officers on Colorado streets, it will affect the ways in which prisoners are released and will influence how those prisoners are incarcerated in the first place.  If evidence from crime scenes is not properly handled, possibly out of the simple notion that the lab is understaffed and technicians overworked, then that evidence may implicate a person when no such implication actually exists.  While DNA testing has recently been scrutinized for inaccuracy, cutting the number of technicians that were previously deemed necessary to examine such sensitive materials may create problems. For instance, this decrease leaves the door open for error that could result in false imprisonment and innocent victims being accused of wrongdoing that they didn’t actually commit.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/10/could_budget_cuts_botch_future_investigation.html</link>
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         <category>Law &amp; Information</category>
         <pubDate>Tue, 13 Oct 2009 07:00:00 -0700</pubDate>
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         <title>Alleged Burglar Ransacks Denver Home</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.coloradospringscriminallawblog.com/2009/10/alleged_burglar_ransacks_denve.html</link>
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         <category>Theft Defense</category>
         <pubDate>Tue, 06 Oct 2009 08:00:00 -0700</pubDate>
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