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 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