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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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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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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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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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" »

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

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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.

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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.

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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.

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.

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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" »

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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.

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

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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.

Continue reading "Colorado Officials Will Instantly Screen Arrestees' Immigration Status" »

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