Why Domestic Courts Have Fewer Checks and Balances

A Noticeable Difference in Court Outcomes With years of trial experience, one pattern has become increasingly clear: wrong outcomes tend to occur more frequently in domestic courts than in criminal courts. While errors can happen in any legal system, the structure of each court plays a significant role in how decisions are made and how those decisions are reviewed. How Criminal Courts Approach Decision-Making In criminal proceedings, cases are subject to defined processes and higher standards. These include: Specific procedural rules A requirement to prove a case beyond a reasonable doubt Decision-making that involves multiple individuals These layers create additional scrutiny and help reduce the likelihood of reaching the wrong conclusion. Even when mistakes occur, there are established avenues available to seek relief. The Structure of Family Law Courts Family law courts operate differently. In this setting: There are fewer formal checks and balances Greater discretion is given to a single decision-maker the judge There is less emphasis on structured review of potential errors As a result, the possibility of an incorrect conclusion may not receive the same level of scrutiny. Why It Can Be Difficult to Reverse a Decision When a court forms a particular view especially in cases involving parental behavior or allegations of abuse that perspective can influence ongoing decisions. Because the same judge often continues to oversee the case: The original conclusion can carry forward Reversing that conclusion becomes more complex The process of correcting the outcome can take significant effort Although appeals are possible, the... Read More

Post-Conviction Relief in Colorado: Challenging a Wrongful Conviction

When a Conviction Doesn't Reflect the Truth Many individuals come forward after a conviction with the same concern: the evidence was not there, mistakes were made, or their case was not properly handled. These situations do occur. In some cases, legal representation falls short of what is required, and as a result, individuals are convicted when their case was never fully or properly presented. Addressing What Went Wrong Post-conviction cases focus on revisiting what happened during the original trial. This can include situations where: Evidence did not support the outcome Errors occurred during the court process Key aspects of the case were not fully developed Legal representation did not meet expectations The goal is to step in, reassess the case, and work to correct the outcome. Taking Action After a Conviction At Decker & Jones Law, post-conviction matters are an active part of the firm's work in Colorado. These cases are approached with the objective of: Challenging the conviction Reopening the case Presenting what should have been presented the first time This may include calling witnesses who were not previously called and addressing gaps in how the case was originally handled. Rule 35C Claims and Legal Relief One of the legal avenues available in these situations is filing a claim under Colorado Rule of Criminal Procedure 35(c). In Colorado, this process allows individuals to seek relief even after a criminal conviction has been entered. Through this type of claim, it is possible to challenge the conviction and pursue a different... Read More

Case Study: $21M Civil Award

A Case Involving Parental Alienation After more than 30 years of trying cases, this matter stands out as one involving one of the most severe forms of parental alienation. The case took place in Steamboat Springs and involved a situation where a child was convinced they were the victim of sexual abuse when no abuse had occurred. False Allegations and Legal Consequences The situation led to significant legal consequences: A false arrest False criminal charges against the client A family law court denying a mother access to her children During this time, the father was able to manipulate multiple systems that are designed to reach the correct outcome. Establishing a Pattern of Abuse A plaintiff case was filed to establish the facts. The case focused on demonstrating a pattern of abuse, which was presented as the foundation of parental alienation. Through the case, it was shown that: No sexual assault had occurred There was no evidence supporting the allegations The situation originated from the actions of a father seeking control and revenge Presenting the Dynamics to a Jury The case centered on helping the jury understand: What parental alienation looks like How it develops over time How one individual was able to manipulate multiple systems This included the impact on: The children The civil court system The family law court The district attorney, who was initially persuaded to pursue prosecution The Outcome After hearing the full context, the jury reached a verdict in favor of the clients. The verdict reflected... Read More

Case Study: Overturning a Wrongful Conviction

When a Case Takes a Wrong Turn In this case, a client was accused and ultimately convicted of sexual exploitation of a child. The situation began during a divorce. The client's spouse contacted law enforcement, made domestic-related allegations, and suggested that police should examine his phone. When investigators searched the phone: They found adult pornography They also claimed to have found 10 files containing child pornography Based on this, the client was charged. A Guilty Plea Despite Maintaining Innocence The client consistently stated that he had never intentionally downloaded any illegal material. He explained that he had only been browsing adult websites. However, his previous attorney advised him that: He had no chance at trial The evidence would be proven against him He should accept a plea deal He ultimately pleaded guilty and was placed on probation. Probation and Prison The probation imposed in this case was sex offender probation, which carries strict requirements. The client was unable to successfully complete probation, in part because he could not admit to conduct he maintained he did not commit. As a result, his probation was revoked, and he was sentenced to three years in prison. Reexamining the Evidence After the client was sent to prison, his family reached out for help. At that point, a digital forensic expert was brought in to examine the phone. The forensic analysis determined that: The client had never been in possession of child pornography The files identified by police were actually thumbnails or trace data These... Read More

Understanding Parental Alienation in Family Law Cases

How False Allegations and Manipulation Can Impact Custody and Criminal Proceedings What Is Parental Alienation? Parental alienation is a serious and often misunderstood issue in family law. It occurs when one parent deliberately influences a child to reject, fear, or unjustly criticize the other parent. In many cases, this influence can escalate beyond emotional strain leading to false accusations, distorted perceptions, and devastating legal consequences. Parental alienation exists on a spectrum. While some cases involve subtle emotional pressure, others involve intentional manipulation for legal advantage, particularly during divorce or custody disputes. How Parental Alienation Leads to False Allegations Children are highly impressionable especially during emotionally charged family conflicts. When one parent repeatedly frames the other as harmful or "at fault," the child may begin to internalize that narrative. Over time, this can create: A belief that one parent is "good" and the other is "bad" Emotional alignment with the influencing parent Increased vulnerability to suggestion or coercion In extreme cases, false allegations of abuse These allegations can be incredibly serious, sometimes involving claims of child abuse or neglect, which immediately alter the course of both family and criminal proceedings. Why Courts Sometimes Get It Wrong Family courts often face a difficult challenge: balancing the need to protect children while ensuring fairness to both parents. However, courts may be especially vulnerable to error when parental alienation is not properly identified. Why? Judges and juries are naturally inclined to believe children Allegations involving abuse carry significant emotional weight The underlying pattern of... Read More

Bringing Big-City Criminal Defense to Rural Colorado

At Decker & Jones, we recognize that access to high-quality criminal defense should not depend on geography. Many individuals living in rural Colorado face serious criminal allegations without the benefit of nearby legal resources, specialized defense counsel, or experienced trial attorneys. Our firm is committed to bridging that gap by bringing metropolitan-level expertise directly to the communities that need it most. Our work in rural Colorado covers a broad range of criminal matters, including serious felonies, drug offenses, DUI and vehicular cases, property and theft allegations connected to agricultural or small-business operations, and sensitive domestic-related charges. These cases often carry significant personal and community impact, particularly in smaller towns where visibility is high and privacy is limited. Rural criminal defense presents challenges that differ substantially from those in urban environments. Communities are close-knit, which can influence jury selection, witness cooperation, and the overall tenor of a case. Law enforcement agencies may operate with fewer personnel and limited investigative resources, resulting in evidentiary gaps that require careful scrutiny by a seasoned defense team. Additionally, rural courts often have fewer judges, longer scheduling timelines, and limited access to forensic specialists or expert witnesses. These factors demand a strategic approach built on experience, adaptability, and a deep understanding of local dynamics. Decker & Jones is uniquely positioned to meet these needs. Partner Christopher Decker combines a rural Colorado upbringing with more than 30 years of criminal defense practice and over 200 trials to verdict. This blend of local familiarity and high-level trial capability... Read More

Drunk Sex or Sexual Assault

Christopher R. Decker: As we have seen in the criminal justice system, an explosion of cases involving alcohol and sex. David R. Jones: One of the most common types of rape charges charged these days is basically drunk misunderstandings between two young people. Christopher R. Decker: What we are seeing more and more frequently is the blurring between rape and regret. David R. Jones: What happens is that most oftentimes the fella wakes up with a good memory about what happened, and the woman does not or has no memory about what happened. And out of just kind of fear and confusion, she calls the police. Christopher R. Decker: And the next day this is charged criminally because someone doesn't remember everything that they've done or they regret the decisions that they've made while they're on alcohol. David R. Jones: Because we just recently had a case dismissed very much just like that. Just two people meeting and hooking up in lodo and then going to his place. And he describes an evening that was fully participatory. Christopher R. Decker: The lack of memory is not necessarily the same as incapacitation. David R. Jones: The law says that you have to be so intoxicated that you are unaware of your circumstances. You do not know what you're doing. And that is not hardly ever the case. Obviously someone passed out. Somebody who cannot participate should not. That's sexual assault. Those are crimes. Absolutely. But most oftentimes we get situations where... Read More

Colorado’s Fentanyl Crisis: A Failed War on Drugs

The Colorado Senate just approved a sweeping measure to confront Colorado's rampant fentanyl crisis. House Bill 1326 makes it a felony to possess 1 gram of an illicit substance containing the deadly drug and is one of the most significant and far-reaching legislative answers to the Colorado fentanyl crisis.  In 2021, over 800 Coloradans died after ingesting Fentanyl. The year prior, Colorado experienced 540 fentanyl-related deaths - an increase of 143% from 2019. Fentanyl, which is stronger than heroin and more lethal in small doses, has become a dominant presence in the illicit drug market over the past three years. Although Senators rejected the push to make it a felony to possess any amount of the drug, some say this new bill will impact communities of color the hardest and only exacerbate the disproportionate number of incarcerated Black Coloradans. Any felony conviction makes it more difficult to find employment, housing, and education and some feel it is counterintuitive to punish people with a substance use disorder. Years of research shows this criminalization approach is ineffective for drug users, regardless of their skin color. The changes that occur in the brain's chemistry with chronic drug use, medical professionals argue, make the brain immune to perceive consequences such as legal punishment. At best, increasing prison sentences for drug-related offenses will have little to no impact on this crisis. At worst, and far more likely, this bill will only increase the stigmatization surrounding drug use, exacerbate racial injustice in the criminal justice system,... Read More

Reduced Prison Sentence for Jefferson County Truck Driver Aguilera-Mederos

January 4, 2022 Just days before the New Year, Colorado Governor Jared Polis reduced the prison sentence of semi truck driver Rogel Aguilera-Mederos from 110 to 10 years. Aguilera-Mederos lost control of his semi as he descended Interstate 70 and made a series of fatal errors that led to the death of four people and injured several others who were stuck in traffic. After being found guilty of 27 counts, including vehicular homicide, a Jefferson County judge sentenced Aguilera-Maderos to 110 years in prison due to mandatory sentencing restrictions in Colorado law that prevented shorter sentencing. This sentence sparked national outrage and by Christmas day, over 5 million people had signed a change.org petition asking Governor Polis to grant Aguilera-Mederos clemency or offer commutation as time served. Mr. Aguilera-Mederos had no prior criminal record and was an immigrant from Cuba who has a wife and young child. Governor Polis reviewed Aguilera-Mederos’ application for clemency and on December 28, reduced Aguilera-Mederos’ sentence from 110 to 10 years. In his clemency letter, Governor Polis called the 110-year sentence “highly atypical and unjust” while also hoping this incident would “spur an important conversation about sentencing laws.” The governor’s commutation also grants Aguilera-Mederos parole eligibility on December 30, 2026. Watch attorney Christopher R. Decker’s legal analysis of Aguilera-Mederos’ clemency on Fox 31 Denver here:

Defending Drunk Sex: How #MeToo Has Gone Too Far

By David R. Jones, Partner In February of 2020 and in December of 2022, disgraced former film producer Harvey Weinstein was sentenced to a combined 39 years in prison after being convicted on rape and sexual assault charges. Weinstein's trial came nearly three years after the rise of the #MeToo movement. Weinstein's accusers, young women at the time of the allegations, sparked this movement in an effort to bring issues of sexual harassment and sexual assault to the forefront of cultural scrutiny. While many Americans believe #MeToo has achieved great success in increasing the likelihood that people accused of sexual harassment are held accountable, the negative implications of this movement never gain any widespread publicity. I’m writing this article to shine a light on one of those negative implications. This article is not for every person, but every person should read it - especially every young person. In the words of John Lewis, "when you see something, say something." I share with you what I've seen over the past 25 years of being a criminal defense attorney in Colorado. And what I see is the routine prosecution and conviction of men who are innocent of the crime of rape. It is happening to a lot of young men who are inexperienced with both sexual interactions and alcohol. Culturally speaking, the rise of dating apps merely for hookups and the increase in underage drinking has played a part in this phenomenon. This article asks you to consider this one question about... Read More

What counts when you need to hire a criminal Attorney

You’ve been arrested and charged with one or more crimes. You’re in a difficult situation, no matter how serious or how minor those charges may be. Navigating through the legal system can be intimidating, terrifying, upsetting and full of procedures and processes that you will not understand. That makes trying to do it alone against the system is downright foolish if you value your freedom. That’s why your first move after being arrested should be to try and find the best criminal attorney that you can afford. That’s not an easy task, but finding the right one can have more of an impact on your case than any other action you take. Much like the system itself, finding an attorney can be a daunting task. Here are some things to consider as you start your search. Experience counts. Not only do you want an attorney with several years under his or her belt, but you also want them to have the kind of experience that most closely matches your case. Don’t hire a lawyer who specializes in drug cases if you’re facing an embezzlement charge. And despite their possible enthusiasm, don’t hire a fresh-faced attorney who’s just passed the bar exam, either. You’re going to war, and you want the best possible general to lead you into battle. Familiarity counts. It’s one thing to know Colorado law through and through, but it’s quite another to know the particular personalities of those who will use those laws against you. You want... Read More

Child pornography defense strategies hinge on intent

Any charge brought against a defendant that’s related to child pornography is serious. This type of crime can be charged at both a state and federal levels and can result in severe fines and jail time if convicted. First-time offenders can face 15-20 years in prison, and be required to participate in supervised sex offender release programs. Typically, a conviction means that a defendant will also end up being registered in a sex offender database. The long-term impacts on your life can be significant. Possessing child pornography is considered a felony most of the time, and additional charges can be added if those images are transported or distributed in any way. The primary defense used in most child pornography cases rests on the concept of intent. It is up to the prosecutor in a case to show that the defendant had the intent to possess child pornography. This means they must also demonstrate that the defendant knew what the image was and that it was illegal to possess it. A defense team can counter with the claim of ignorance, attempting to show that the defendant believed the image did not depict an underage person or persons. Intent can also be argued if an image resides on a person’s computer, but they did not intend to possess the picture. For example, if a person downloads a large batch of images, they may not know that one or more of those images in the large batch are child pornography. A prosecutor must... Read More

Internet crimes can take many forms

Committing crimes involving the Internet is a relatively new phenomenon and can encompass a broad range of both misdemeanor and felony charges. Penalties can range from a slap on the wrist to severe fines and prison time if convicted. Internet crimes may include things such as: Cyberstalking Downloading, sharing or distributing child pornography Identity theft and fraud Phishing and spam Blackmail and extortion Hacking Illegal betting activities Cyberbullying Copyright infringement As the use of the Internet and related technology continues to grow and evolve at an exponential rate, law enforcement’s efforts are attempting to keep pace as well. It’s a challenge to stay abreast of the latest trends, software, malware, hardware and related criminal activities that can put a strain on even the deepest pocketed of law enforcement agencies. While Internet crimes can lead to some serious consequences, some strategies can be employed to defend against these types of charges. Normally, any defense is going to center around gathering electronic evidence that will either support a claim of innocence or guilt. That means a smart defense attorney will engage a top-notch cyber security expert or trained IT professional as part of a defense strategy. Actual strategies may involve claiming that a person was authorized to access information that is the basis for a criminal charge. Or, they may be able to argue that a person was coerced into committing a cyber crime, under the threat of harm to themselves or a loved one. Perhaps the most common defense of all... Read More

Domestic violence issues demand immediate attention

In Colorado, domestic violence cases are fast-tracked due to the serious nature of the crimes and the far-reaching implications they might have. Domestic violence can affect parenting rights, employment, current living situations and in some cases, a person’s gun rights. Domestic violence is taken seriously in this country, that is why it is imperative that a person involved in a domestic violence situation retain an experienced domestic violence attorney as soon as possible. Because of the aggressive nature of such investigations, as soon as someone is suspected of domestic violence, the system may start working against them, and any move they make or any comments that are spoken can have far-reaching implications down the road. Domestic violence attorneys can deal with a broad range of cases, not just instances where a husband hits a wife or child. For domestic violence to take place, all that is required is that an act has a victim, which can be a child, parent, sibling or an elderly relative. The abuse does not necessarily need to be physical either. It can include stalking, intimidation, kidnapping, harassment or any other actions that inflict physical or emotional pain on a victim. Attorneys protect victims as well. One of the most important things an attorney can do is to make sure that any abuse that is going on stops immediately. Victim protection can happen through the issuance of an emergency protective order or a restraining order that will lead to an arrest if it is violated. Also,... Read More

The other benefits of hiring a criminal defense lawyer

You’ve been charged with a serious crime and you have the means to hire a top flight criminal defense attorney. It pretty much goes without saying that you’re going to get what you pay for in terms of a great lawyer who will mount a smart and convincing defense on your behalf. It’s also a guarantee that you’ll get not only a brilliant attorney but you’ll also have access to many of the resources in his or her firm that will improve your odds of winning a dismissal of the charges against you. Those benefits are obvious, but if you’re not familiar with the court system or how a criminal defense attorney works, then you may not be aware of the other benefits that they can bring to your case and your life. One key advantage that may sound counter to what you believe is that in the long run, they may save you considerable sums of money. How can this be? If you’re facing a crime that includes fines in addition to a prison sentence, a defense attorney can work within the system to negotiate reduced fines, lessen court costs and attempt to lower the financial impact the whole process will have on you. An experienced attorney’s actions may also include minimizing the number of days you miss from work, reducing the threat of putting your job and your livelihood in jeopardy. An excellent attorney will not only be skilled in the ways of the court system but will... Read More

Sorting out child abuse charges

Accusations of child abuse are always filled with high degrees of emotion that can tug at the heart strings of a judge and more importantly, a jury. Unfortunately, there are many times that children are used as pawns in battles between adults, meaning that just because a person has been charged with child abuse, it does not automatically mean they are guilty. While many instances of child abuse may be legitimate, there are many others where an adult or a parent is falsely accused. One of the most frequent times this happens is during divorce proceedings when child custody becomes a major battle between two parents. Simple acts of discipline can be magnified to unreasonable levels to win primary custody. The best defense you and your child abuse defense lawyer can put forth is a strong denial combined with evidence that undermines the opposing side’s claims. In fact, you may be able to show that the other side was a party to any alleged abuse, or that they separately conducted similar wrongful acts as well. When divorce and child custody is not an issue, the appearance of child abuse can result in charges. Many times, when a child sustains injuries that appear to be a form of abuse, the reality is that the injuries were sustained as the result of an accident. Unless the child’s accident took place as a result of gross negligence or recklessness on the part of an adult, the law does not punish adults for a... Read More

Important elements in mounting an effective drug crime defense

While it’s true that recent changes in the law have softened their stance toward the use of marijuana in Colorado, people should not assume that this attitude has spread to other types of drugs as well. Make no mistake about it, Colorado is still tough on the use, production, and trafficking of all kinds of controlled substances, and that means you could be facing serious trouble if you get involved with illegal drugs. If you’ve been arrested for a drug-related offense, then much of your drug crime defense strategy will be determined by what kind of drug was involved, the amount, and the circumstances surrounding the case. In other words, being popped for possessing a couple of Valiums is going to be completely different than if you get caught trying to sell a kilo of cocaine. In many cases, the courts may attempt to put first time offenders into drug diversion programs; judges are given more discretion on what kind of sentences to hand down. Overall, there is a more favorable attitude toward expunging convictions for drug-related cases so that one mistake does not follow a person around forever. The vast majority of drug cases never even make it to trial. More than 90 percent are settled with a plea bargain, allowing a defendant who stands a good chance of being convicted to take a lesser penalty instead. Plea bargains free up the court system’s resources so they can focus on more serious crimes. Many plea bargains come about as... Read More

Mounting a serious criminal defense starts with hiring the best possible attorney

In life, there are certain things you don’t take chances with because if you do, you run the risk of paying dearly for having taken that shortcut. If you are charged with a serious crime, one of those things should be to find the best possible criminal defense lawyer that you can afford. When you’re looking at a long stretch of prison time and/or significant fines and penalties, you will want to mount a serious criminal defense that will give you a fighting chance of maintaining your innocence or minimizing impacts to your freedom. Unless you get a court appointed lawyer, this means you’re going to have to come up with some serious money to cover your legal fees. While you may be balking at the big hit to your bottom line, it’s best to remember that without the best attorney working for you, the costs to your life could be even greater. When you hire a heavy hitter, it goes without saying that they will be experienced in practicing law as it directly relates to your type of case, but a serious criminal defense attorney will also bring several other things to the table. An excellent defense attorney will keep you rooted in reality and remove much of the emotion from the case. By doing so, together, you can make clear-headed decisions that will fall in line with the prosecutor’s and the court’s thinking. This objectivity can help take away the depression, embarrassment and fear that defendants often suffer... Read More

Intent is a key component of white collar criminal defense

The business world has become a more complex and more global mechanism over the past several years. As this has taken place, government oversight of businesses has also taken on greater importance. Regulating business in a modern era has created a greater focus on white collar crimes, which have become more sophisticated and more encompassing in scope than ever before. White collar crimes can encompass a variety of situations ranging from violating securities laws, antitrust laws, embezzlement, fraud, environmental law, bribery, tax evasion and even corruption. Defending against white collar crimes requires a particularly versatile legal team who must have defense skills in a broad range of areas. Their expertise must extend to civil as well as criminal law and they must be able to find ways to reduce or eliminate a business’s or an individual’s liability. Part of what a good law firm will do is also assess how much exposure a business will have in determining how to best remedy a situation. Finally, part of a defense strategy will also attempt to determine how a company’s relationship with government agencies and regulatory bodies will change as a result of criminal or civil legal actions. Perhaps the single most important factor in a white collar crime case is what the defendant’s intent was regarding the actions they took. If it can be shown the person or the business was out to intentionally lie or deceive a client or the public, then defending them can be a significantly more challenging... Read More

Considering costs when hiring a felony attorney

When you need to hire a felony defense attorney, you’ll use various criteria to make your decision. Experience, familiarity with your particular court system, track record and many other factors which will come into play. One thing that doesn’t get as much attention as some of the others is how you’ll pay for your legal defense and how much your defense will cost. Obviously, depending on the type of case, your legal fees could be as little as a few thousand dollars, or if the case is complex, involves federal statutes, or requires a lot of forensic work and expert witnesses, you could be looking at as much as six figures or more. In a perfect world, you wouldn’t need to worry about costs, but the reality is that your financial situation will dictate to some degree how much you can afford in legal fees. In some cases, you may not be able to afford an attorney and will have to rely on a court-appointed attorney to represent you. Despite a heavy case load, public defenders can bring significant experience to any case, and they will be able to tap the resources of the public defender’s office. Those resources can include many other seasoned attorneys, who will collaborate on a highly competent defense for your case. In fact, in some court systems, private criminal defense lawyers will accept court appointed cases, meaning that you could wind up with the same lawyers to represent you whether you hired a private attorney... Read More

The basics of an aggravated assault charge in Colorado

Aggravated assault is defined in many ways and varies from state to state. In Colorado, assault is broken down into three degrees, and each carries different penalties if convicted. First and second-degree assaults are felonies and are considered aggravated assault while third-degree assault is only considered a misdemeanor. Both first and second-degree assault take place if a person has the intent to cause a serious bodily injury on another person, or they actually cause a serious injury by use of a deadly weapon. Both also have special designations for an individual who assaults a peace officer or a firefighter, which, by doing so keeps them from performing their lawful duty. Serious bodily injury is defined as possessing a substantial risk of death or permanent disfigurement, or the loss of a function of any part of the body or an organ of the body. Serious bodily injury can include broken bones, second and third-degree burns and other related life-threatening injuries. Depending on the evidence that is available, an aggravated assault defense attorney may seek a plea bargain in the hopes of pleading down to a lesser charge and lesser penalties, which can be substantial if convicted. In cases that go to trial, self-defense is the most often used defense strategy especially in cases where it can be proven that the victim is the one who initiated the violent confrontation. At other times, it may be possible to claim that there was no criminal intent and that the assault was accidental in... Read More

How to erase the evidence of an arrest in Colorado

If you’ve had a brush with the law in Colorado, there’s going to be a record of it that could follow you around for years, whether you’re guilty or not. Merely having an arrest record can make it tougher for you to land a job, get an apartment or even be approved for a credit card. With the use of technology to do background checks like never before, your past can affect your present with unprecedented frequency. However, there is a way to combat this problem through a process called expungement. Expungement involves destroying records related to your legal issues, giving you the legal right to truthfully state that your arrest or a conviction never happened. In some cases, expungement will not be possible, but in Colorado, a person can also have their records sealed, which is slightly different but still accomplishes much of the same things as expungement. Sealing records prevents access to those records in most cases, but they do physically still exist. Generally, access is restricted to only law enforcement and criminal justice agencies which must have a legitimate reason for wanting them unsealed. In Colorado, only juvenile records are eligible to be expunged. A lawyer specializing in expungement can assist you with the process, which may take many weeks or even months to complete. Eligibility hinges on a person being acquitted of a charge and a charge cannot be related to a violent offense. Individuals applying for expungement of their juvenile records must have a subsequent... Read More

Identity theft laws and penalties in Colorado

With the advent of technology ruling our lives like never before, the rise of identity theft crimes has significantly impacted our society. Identity theft can take on many forms, each with its set of circumstances and resulting penalties. Identity theft. If a person knowingly uses another person’s personal identifying information without consent or legal authority, then the crime of identity theft occurs when that person tries to obtain goods, services or anything else of value. It also extends to applying for credit, getting a government issued document, or changing or altering a document in someone else’s name. Committing identity theft in Colorado is a Class 4 felony. Criminal impersonation. Impersonating someone else or using a false identity becomes a criminal offense if that act is used to gain some benefit or to defraud another person. Criminal impersonation includes marrying someone else, performing an action that might allow someone else to become criminally or civilly liable, or affixing their impersonated identity to a legal document such as a contract with the intent that it be taken as true. Committing criminal impersonation is a Class 6 felony. Criminal possession of a financial device. If you possess any financial instrument such as a credit or debit card, charge card or the numbers from a bank account, knowing it is lost or stolen, then you are guilty of a Class 1 misdemeanor. If you possess multiple financial devices from multiple people, you can be convicted of either a Class 5 or a Class 6... Read More

This Colorado law compensates individuals who are wrongly convicted of a crime

Perhaps one of the worst case nightmare scenarios for a person is to be accused, tried and found guilty of a crime they did not commit. Unfortunately, the legal system is far from perfect and it does happen on a regular basis. Sometimes, a person is forced to serve out their sentence with no hope of seeing a ruling overturned. Other times, new evidence comes to light, a witness changes their mind, or any number of things can change within the system to prove a person’s innocence. Recognizing the trauma this can cause for an individual, in 2013, Colorado passed the Compensation for Persons Wrongly Convicted law. The state joined just over half the other states in the U.S. that now have compensation statutes for those who have been wrongfully convicted. The statute allows a person who has been wrongly incarcerated to receive $70,000 for every year they were in prison. They will also receive an additional $50,000 per year for each year of incarceration they served under a sentence of execution. The statute also allows for payments of $25,000 per year for every year a person served on parole or as a registered sex offender. The only stipulation is that a person who is wrongly convicted must not have pled guilty to avoid prosecution in another case where they may not actually be innocent. The other thing to note is that compensation is not automatic. It could take a person weeks to be approved for payments and several additional... Read More

Defending against bank fraud charges

In a world of increasingly sophisticated technology, and despite the fact that banks take many precautions to safeguard their assets, charges of bank fraud are still common. In response, law enforcement has become more aggressive than ever, applying significant resources to catch suspected thieves. Bank fraud is best defined as a form of theft or deception in which assets owned by a bank are stolen or attempted to be stolen under the guise of false pretenses. Types of bank fraud can take on many forms, including counterfeiting, credit card fraud, ATM thefts, forgery, embezzlement, mortgage fraud and others. Although a person may be charged with bank fraud, the good news is that it does not make them automatically guilty. Bank fraud cases can be incredibly complex, and that means following a forensic accounting trail can turn up many things that could work in a person’s favor. Doing this type of work means that it’s imperative that a defendant retains a well-known and successful attorney who specializes in this kind of case as soon as they suspect they will be charged. Part of this will depend on whether or not a person is going to be accused of a state-level crime or a federal crime. Because the banking system is interconnected throughout the country and throughout the world, many crimes cross state borders and banks are therefore protected by federal statutes. The key to mounting a good defense is understanding that a bank is primarily concerned with recovering their assets. Knowing... Read More

Common traits of the best attorneys

Searching for a lawyer when you need one is more than likely something you haven’t had to do before. Much like the court system itself, the process can be intimidating, and if you make the wrong choice, the results could spell disaster for you. Before you start your search, here are a few things to consider when trying to retain the best attorney for your situation. Experience. You cannot afford to take chances with your case, and that means hiring somebody who not only has been practicing law for several years but also someone who has direct experience with similar cases. Negotiating skills. While some cases go to trial, the vast majority are settled long before anyone steps foot in a courtroom. Often, the ability to cut the right deal for a client not only saves time and money, but it can also save in penalties, the length of sentence and other negative impacts on a person’s life. Communication. Much like the bedside manner of a doctor, the best attorneys will be effective communicators. Being excellent communicators means they can not only handle themselves well in front of a judge and jury, but they will also take the time to explain the processes to you in a way that eases your fears and reduces your anxiety. Reputation. An excellent attorney will be well known in legal circles and have a track record that he and his peers can point to. This reputation can work in your favor if the attorney... Read More

What are the differences between state and federal crimes?

If you’ve been charged with a crime, one of the first things you need to consider when searching for legal representation is whether you’ve been accused of a state-level crime or a federal level crime. Depending on the charge, both can carry grave implications for you, but how you mount a defense strategy may be quite different depending on which court system you will be tried in. Some attorneys have experience at both levels, but generally, it is best to find one that has the bulk of their expertise in the system where you will be tried. Most types of crimes are clear cut when it comes to which system will handle the case. If a crime is committed in a single state, it will be considered a state-level crime, unless federal laws override it. In many instances it could go either way, a “Supremacy Clause” kicks in, giving federal law precedence over state law. Some examples of state-level crimes can be burglary, assault, murder, robbery, among many others. Crimes that take place in multiple states or that are designated as federal crimes include acts such as tax fraud and IRS violations, mail fraud, drug trafficking, counterfeiting or immigration-related offenses. One of the most important aspects of being charged with a state-level crime versus a federal level crime is how penalties are determined if you are convicted. Judges have a certain degree of discretion and can take many factors into consideration when determining the length of a prison sentence or... Read More

Legal options when you are falsely accused

Whether it’s in the heat of the moment during a dispute or a long and drawn out argument that has turned nasty, sometimes things can go too far and you can be falsely accused of a crime you did not commit. Life 's hard enough when dealing with legitimate problems in your life, so when a false accusation is added to the heap, you can imagine the unnecessary strain and trouble it can produce. Fortunately, you have several options you can pursue to right this injustice. If another person has defamed you, you may have the grounds to file a libel or a slander lawsuit. Both actions involve someone making false and hurtful statements that can cause damage to a person’s reputation. The difference is that slander occurs when the statements in question are spoken to a third party, and libel takes place when the comments are made in writing or in some way are published. Slander and libel apply if you can show that the person made the statements and that they were false. Laws will vary from state to state and the damages you may be able to collect are calculated in many ways. For example, if you lose your job or have trouble finding a job due to the statements, the person in question could be on the hook for a relatively large amount of money in addition to possible compensation for things such as mental anguish or embarrassment. If someone makes false statements about you and... Read More

Eight facts you need to know about Colorado’s drunk driving laws

If you’ve been caught driving with alcohol in your system in Colorado, you’re going to need a good DUI attorney to help you work through your situation. You may get lots of well-intentioned advice from friends and family, but you need to know the facts as early as possible. Here’s are some things to consider: There are two levels of alcohol-related driving offenses, both based on BAC. They are Driving Under the Influence of Alcohol or Drugs (DUI) and Driving While Ability Impaired (DWAI). The legal limit for blood alcohol concentration (also known as BAC) is 0.08% if you’re 21 years of age or older. It is 0.02% if you’re under 21 years old. For a DWAI, the legal limit is 0.05%. The Colorado DMV has the legal authority to suspend your license for DUI and DWAI offenses regardless of the status of any charges you may be facing in court. A DUI 1st offense can result in a license suspension of up to 9 months, a fine of up to $1,000, up to one year in jail, up to 96 hours of community service, and alcohol education classes. A DWAI 1st offense will result in 8 points toward a license suspension, a fine of up to $500, up to 180 days in jail, and up to 48 hours of community service. Penalties go up significantly for repeat offenders and may include the installation of an ignition interlock device on your vehicle. If you fail a roadside sobriety test, you... Read More

Defending yourself against charges of sexual abuse

Aside from being charged with an actual act of sexual abuse, the implied emotional issues that come from such a charge can bring a pointed response from prosecutors, members of the public and others who follow these types of crimes closely. Sexual abuse charges stem from any and all kinds of unwanted sexual contact between two people. Every charge of this nature is serious and can bring a long prison term with it. One of the biggest additional implications is that a conviction may also include having to register as a sex offender. A sex offender registry can be a permanent record that can have a negative impact when applying for a job, trying to rent an apartment or any other number of situations. That’s why it is crucial to hire an experienced sexual abuse defense attorney as soon as you have an indication you could be charged with this type of crime. Mounting arguments in your favor will not be an easy task, but the sooner you retain an attorney, the better your chances are of being found innocent or dealing with lesser charges. There are a couple of possible defenses an attorney may employ when dealing with your case. The most basic of these is the claim of innocence. Supporting evidence and a sound alibi can often turn a bad charge into a good defense. Sexual abuse charges can happen in a variety of ways, but one of the most common is when a couple is in the... Read More

Internet luring enforcement activities are on the rise

Facebook, Instagram, Snapchat, chat rooms, and dozens of other social media applications have made it easier than ever before to contact just about anyone in the world with an online presence. While we’re more connected than ever before, sometimes the Internet can be used for potentially illicit activities as well. It is becoming more and more common for some individuals to use online means as a way to commit acts of child enticement, which is defined as reaching out to minors for the purpose of luring them into sexual activities. As this type of crime has become more commonplace, so too has law enforcement engagement in an attempt to stem this tide. Child enticement is a broad umbrella term that incorporates many types of criminal activities including soliciting children into pornography, sexual abuse, pandering and prostitution. Internet luring is one of the more common accusations leveled at defendants. Specifically, luring takes place when a person attempts to meet a child over the Internet or by phone, describing explicit sexual conduct, when the child is at least four years younger than the defendant, and when the defendant believes that the child is less than 15 years old. Internet luring is considered a felony, and so it is vital, if you are charged with this type of crime, that you mount a fast and aggressive Internet luring defense. There are several possible ways to defend against this charge, with the most common being that a person has misrepresented themselves online, allowing a... Read More