The post What is Drug Paraphernalia Under Colorado Criminal Law? appeared first on Dolan + Zimmerman LLP.
]]>“Drug paraphernalia” means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state.
“Drug paraphernalia” includes, but is not limited to:
To be convicted of possession of drug paraphernalia, a person must “possess drug paraphernalia and know or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this state.”
Possession of Drug Paraphernalia is a petty drug offense, and, upon conviction, “shall be punished by a fine of not more than one hundred dollars.”
One critical component of Colorado’s possession of drug paraphernalia law is the hypodermic needle or syringe exception. Law enforcement officers may ask individuals about needles or syringes prior to searching a person, their premises, or their vehicle. According to this exception, if the person alerts the officer to the presence of a hypodermic needle or syringe either in response to the officer’s question or voluntarily BEFORE the search takes place, the officer cannot arrest or cite the person for possession of the needle or syringe:
“Prior to assessing or treating a person, an emergency medical service provider, as defined in section 18-3-201 (1.3), or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the emergency medical service provider or first responder of that fact, a peace officer shall not arrest or cite the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.”
If you’ve been arrested and need help with any type of criminal matter, contact a Boulder criminal defense lawyer to schedule a free consultation.
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]]>The post New Jury Instruction Changes Definition of Reasonable Doubt, Among Other Changes appeared first on Dolan + Zimmerman LLP.
]]>Before the recent update, the applicable jury instruction in Colorado defined reasonable doubt:
“Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case. It is a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves.”
Following an extensive discussion among the Committee responsible for the jury instructions, the definition has been updated in the applicable form instruction. The term “Proof beyond a reasonable doubt” is now defined as: “proof that leaves you firmly convinced of the defendant’s guilt.”
In addition, the updated definition provides some guidance on what the prosecution’s burden entails:
“…it requires more than proof that something is highly probable,” though “it does not require proof with absolute certainty.”
This language outlines the prosecution’s burden of proof, clarifying that they must provide evidence strong enough to convince jurors, but not requiring them to prove absolute certainty, which would be an impossible standard.
Thus, jurors are now instructed that:
If they “are firmly convinced of the defendant’s guilt, then the prosecution has proven the crime charged beyond a reasonable doubt,” but if they “think there is a real possibility that the defendant is not guilty, then the prosecution has failed to prove the crime charged beyond a reasonable doubt.”
The committee listed three reasons for changing the jury instructions for reasonable doubt:
First, the original jury instruction on reasonable doubt was phrased negatively, stating that reasonable doubt is “a doubt which is not a vague, speculative or imaginary doubt.” The committee posits that this can be confusing:
(“[T]he reasonable-doubt instruction is necessarily an attempt to define a negative concept. When court instructions proceed to define this concept by stating what it is not, the resulting double negative concept diminishes juror comprehension even further.”
The previous jury instruction contained language that instructed jurors to consider whether they would hesitate to act: “It is a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves.”
However, this approach has faced criticism, with commentators noting that: “decisions we make in the most important affairs of our lives—choosing a spouse, a job, a place to live, and the like—generally involve a very heavy element of uncertainty and risk-taking and are thus wholly unlike the decisions jurors ought to make in criminal cases.”
Finally, the Committee noted that no “reasonable doubt” instruction which juxtaposes the terms “firmly convinced” and “real possibility” – which is what the updated instructions use – has ever been reversed.
Many Boulder defense attorneys have expressed their displeasure with the new instructions, particularly regarding the removal of the “hesitate to act” clause. Some argue that this phrase acted as a safeguard against wrongful convictions by compelling jurors to consider the gravity of their decision, especially in serious cases.
Without this phrase, they believe the threshold for reasonable doubt has been lowered, potentially leading to unjust convictions. As a result, some defense attorneys are likely to bring forward objections and appeals in cases where they believe the new instructions prevented their clients from receiving a fair outcome.
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]]>The post What Is Considered A DUI In Colorado? appeared first on Dolan + Zimmerman LLP.
]]>In Colorado, “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. A person who drives a motor vehicle or vehicle when the person’s BAC is 0.08 or more at the time of driving or within two hours after driving commits DUI per se.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
If you are convicted of a first-time DUI, it is a traffic misdemeanor. You can be sentenced to the following:
The potential penalties for DUI increase with second or subsequent convictions.
A first-time DWAI conviction is a misdemeanor and carries the following penalties:
A minimum sentence of two days in jail, and up to 180 days. However, the judge has the discretion to suspend this sentence if you complete a drug and alcohol evaluation and education.
Repeat offenses can lead to more severe punishments and additional administrative repercussions.
At our law firm, we understand that you have a lot of options when it comes to choosing legal representation. Here’s what sets us apart from other firms:
If you need help with a DUI or DWAI charge, contact us today to schedule a free consultation.
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]]>The post What Are the Dram Shop Laws In Colorado? appeared first on Dolan + Zimmerman LLP.
]]>By holding establishments and social hosts responsible for serving alcohol to visibly intoxicated individuals or minors, dram shop laws aim to incentivize establishments and social hosts to serve alcohol responsibly.
When it comes to recovering civil damages under Colorado Dram Shop laws, there are certain criteria that must be met before any financial compensation can be recovered from an establishment.
First, the injury must have been caused by someone who was served or sold alcohol while on the premises of the liable party. Second, it must be shown that the person they served alcohol to was either a minor or was already visibly intoxicated. If these elements can be proven, the injured party could be entitled to recover compensation from the establishment or social that served the alcohol. These same factors may contribute to misdemeanor criminal charges under the Dram Shop Act.
In Colorado, the Dram Shop Act also governs civil and criminal liability for social hosts. A social host can be held liable for damages caused by a person who was served while intoxicated or underaged at the social host’s home.
To prevail on a liquor violation claim against a social host based on a defendant being underage, it also must be proven that the host had knowledge of the individual’s age. If that can be proven, the social host can be held liable for civil damages or injuries resulting from alcohol consumption by an underage individual. The social host can also be charged criminally.
The statute of limitations for filing a civil dram shop lawsuit in Colorado is one year from the date of the service or sale of alcohol, so it’s important that victims act quickly.
It’s also important to note that these cases are incredibly complex and require legal expertise because the plaintiff must prove both liability on the part of the establishment as well as damages.
Injured parties have the right to pursue both economic and non-economic damages under Colorado’s dram shop laws. Economic damages refer to those losses that have an easily calculable dollar value such as medical bills, lost wages, and property damage.
Non-economic damages are those that cannot be calculated by a dollar amount such as emotional distress and pain and suffering. Generally speaking, economic damages are easier to prove than non-economic damages; however, both types can be pursued in a dram shop lawsuit.
Civil damages under the Dram Shop Act are capped by statute.
If you’re looking for an experienced Boulder criminal defense lawyer who is committed to understanding your legal needs, look no further. We believe in empowering our clients to make informed choices and strive to provide the best quality service. Here’s why you should work with us:
Our firm is recognized in Boulder and across Colorado for our unwavering representation of clients. Our Boulder DUI defense lawyers consistently achieve superior results compared to other lawyers through settlements or trials, thanks to our unique approach to understanding and handling each case.
Our extensive experience in jury trials, bench trials, and contested hearings, both in criminal and civil cases, sets us apart and allows us to deliver exceptional results.
We strive to provide personalized attention to each client by taking the time to listen carefully to what you need. Every case is different which means every strategy must be tailored accordingly – no cookie-cutter solutions here.If you need help with a legal matter, contact us today to schedule a free consultation.
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]]>The post The Difference Between Jail And Prison In Colorado appeared first on Dolan + Zimmerman LLP.
]]>Prisons hold inmates who have been convicted of felonies. Prisons are often located in rural areas of the state, away from large population centers.
In Colorado, the Department of Corrections (CDOC) is responsible for running all state prison facilities. There are two private for-profit facilities in the state. The primary difference between private and public prisons is that public prisons are owned and operated by the government while private prisons are owned and operated by corporations.
Private prison companies such as CoreCivic contract with state governments to house inmates according to the terms agreed upon in their contracts.
In contrast, jails are county-run facilities that house people who have been recently arrested are detained while awaiting trial or individuals serving misdemeanor sentences. Jails tend to be located nearby courthouses so that inmates can easily attend court hearings if needed.
In Colorado, there are 64 counties each with its own sheriff’s department running its own jails. This means that every sheriff has different policies when it comes to inmate care including what they wear and what they eat.
Sheriffs also have the authority, within statutory requirements, to modify how much time an inmate serves. This is done through a system called “good time credit,” which rewards inmates for good behavior or work completed while in custody. Factors such as the type of offense and jobs held while incarcerated are taken into account when deciding on good time credit.
Being convicted of a crime carries significant consequences, including the possibility of imprisonment. If you’re facing criminal charges, hiring an experienced criminal defense lawyer is one of the best ways to ensure that you receive the best possible outcome.
Your Boulder criminal defense lawyer will be able to provide expert advice about how to proceed with your case and will help ensure that your rights are respected throughout the process.
They can also help you understand the potential penalties for the crime you are accused of, as well as any alternative sentencing options that may be available. They can work with prosecutors and judges to negotiate plea deals or alternative sentences such as community service or probation.
Criminal defense lawyers also have access to resources that could prove invaluable during your case—such as expert witnesses who can testify on your behalf, private investigators who can uncover evidence relevant to your case, and other legal professionals that will help them investigate and prepare the case.
If you need help with a criminal charge, contact us today to schedule a free consultation.
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]]>The post What Are the Conditions of a Domestic Violence Protection Order? appeared first on Dolan + Zimmerman LLP.
]]>In Colorado, protection orders are issued in two different ways. In all criminal cases, courts are legally required to issue a protection order that, at a minimum, restrains the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. C.R.S. § 18-1-1001. Outside of the context of criminal cases, a person can petition a court to issue a civil protection order. C.R.S. § 13-14-104.5.
If a person obtains a domestic violence protection order against you, it is critical to understand its precise terms and conditions. This can be accomplished only by reviewing the protection order that governs you. Be sure to understand the specific conditions of your protection order to establish what you can and cannot do while the order is active.
It is a crime to violate a protection order. If the offender violates the conditions of an order, he or she could be arrested and charged with criminal contempt or with the misdemeanor offense of Violation of a Protection Order. This can result in jail time, additional sanctions against the offender, fines, mandatory courses, restitution and other penalties. If you are facing a protection order in Colorado or are being accused of violating one, contact a Boulder criminal defense lawyer right away for assistance.
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]]>The post What Is a Plea Bargain? appeared first on Dolan + Zimmerman LLP.
]]>A plea bargain is an agreement between a prosecutor and defendant in a criminal case, where the defendant agrees to plead guilty to a charge or charges in exchange a benefit, such as the prosecution dropping some charges, an agreement to a particular sentence, or the prosecutor agreeing to ultimate dismissal of the case with completion of certain probation requirements.
The type of plea bargain that is available to a criminal defendant depends on factors that may include the nature and severity of the charges and the defendant’s criminal history. Keep in mind that if a defendant accepts a plea deal, a judge in Colorado must approve it before it will take effect. A judge may refuse to honor the agreement, although this is relatively rare.
Like all decisions made during a criminal case, taking a plea bargain comes with both potential pros and cons, which are different in every individual case. Whether or not to accept a plea deal is an incredibly important decision that should only be made after carefully considering all of your options, including the option of pleading not guilty and proceeding to trial. A plea deal may not always be the best choice for a criminal defendant.
In the right circumstances, a plea bargain could be the best option for you as a criminal defendant. It is important to carefully weigh the advantages and drawbacks of taking a plea bargain with your criminal defense attorney, however, before making your choice. While a plea bargain may lessen the penalties that you face as a defendant, it can still have lasting consequences on your life and future.
The answer to this question depends on the specific facts of your case and cannot be found online. You must schedule a consultation with a criminal defense lawyer to discuss whether a plea bargain is the right option for you. An attorney will review the facts of your case, such as the severity of the charges entered against you and your criminal background, to determine if taking a plea deal is in your best interests.
If your lawyer believes that a plea bargain is the right choice, he or she can help you negotiate with the prosecution for the best possible arrangement. If you are a first-time offender, for example, you may be eligible to take advantage of special programs offered by the courts to avoid a permanent criminal record. Your attorney can handle plea bargaining to fight for the best possible case outcome while you focus on your future.
For more information about plea bargains in criminal cases in Colorado, call Dolan + Zimmerman LLP at (303) 593-1874 to request a case consultation.
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]]>The post What is an Interlock Restricted License in Colorado? appeared first on Dolan + Zimmerman LLP.
]]>After you’ve had your license suspended, a restricted license allows you to operate your vehicle in certain situations before you’re fully able to reinstate your driving privileges.
An ignition interlock device is essentially a breathalyzer machine that is installed in your car. In order to start up the car, and drive your vehicle, you will have to blow into the machine to prove that you do not have any alcohol in your system. You will sometimes be required to blow into the machine as you are driving as well to keep the car operating. This is done so that individuals with the interlock device in their car don’t get drunk and then have a sober person blow into the machine before the car is started so the convicted person can drive after having consumed alcohol.
In order to prevent accidents while blowing into a machine while actually driving a car, these random breath tests that must be done while the individual is driving usually allow between 4 and 6 minutes to pull over the car and blow into the machine. This allows the driver to safely prove that they are alcohol-free.
While it’s definitely helpful to be able to drive with a restricted license instead of having your license suspended for an extended period of time, it is sometimes an expense that people just can’t afford. Maintaining the device requires the individual who has the device in their car to bring it to the interlock device company to be calibrated. Not only is this a monthly expense, but it also takes time out of a person’s day and may interrupt their work schedule or their ability to pick up their kids from school. Still, it’s often a better option than not being able to drive at all.
If you need to have an ignition interlock device installed or you are trying to have your license reinstated earlier than your sentence originally allowed, or if you have any other questions regarding an interlock-restricted license, contact us today for assistance.
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]]>The post What are the Requirements for an Arrest Warrant? appeared first on Dolan + Zimmerman LLP.
]]>To obtain an arrest warrant, law enforcement show a judge or a grand jury that probable cause exists to believe that a crime was committed by the person for whom they are seeking the arrest warrant. This is often accomplished by way of a written affidavit. If the judge determines that probable cause exists, an arrest warrant will be issued, and law enforcement can arrest the individual.
The arrest warrant must (1) state the defendant’s name or, if unknown, a description or name by which the defendant can be identified with reasonable certainty; (2) identify the nature of the offense; (3) include the amount of bail if the offense is bailable; (4) command that the defendant be arrested and brought without unnecessary delay before the nearest available judge of a county or district court; and (5) be signed by the issuing judge. Colo. R. Crim. P. Rule 4; Colo. R. Crim. P. Rule 4.1.
To obtain an arrest warrant, police must show that probable cause exists. This means law enforcement must show that it is likely that a crime occurred and it’s likely that the person they’re trying to arrest committed that crime There doesn’t have to be anything resembling proof beyond a reasonable doubt at this point. The fact that an arrest warrant is granted by a judge only means that there is a reasonable belief that the crime was committed, and it was committed by a certain person.
It’s important to know the details of how an arrest warrant is obtained, but it’s also important to understand that the police do not always need an arrest warrant to take someone into custody. Most arrests occur without an arrest warrant The following include some of the exceptions to the arrest warrant requirement:
If you were arrested, and you believe the situation was handled illegally or improperly by the authorities, or if you think there may be a warrant out for your arrest and you need help, contact a criminal defense attorney today.
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]]>The post Can You Get Your Name Off the Sex Offender Registry in Colorado? appeared first on Dolan + Zimmerman LLP.
]]>If you’ve been convicted of – or convicted of attempting to commit – certain sex-related crimes, you will be required to register on the sex offender registry.
Additionally, if you reside in Colorado but were convicted of a similar crime in a different state, you may need to register as a sex offender in Colorado as well.
Certain convictions and classifications carry a requirement of registering as a sex offender for the rest of that person’s natural life. C.R.S. § 16-22-113(3). A person who is classified as a sexually violent predator is not eligible to petition for removal from the sex offender registry in Colorado. The same is true of people with convictions for certain types of felony sexual assault, sexual assault on a child, incest, or aggravated incest. Individuals who have more than one conviction or adjudication for unlawful sexual behavior in Colorado or in another state or states are also ineligible.
If your conviction was for a qualifying class 1, 2, or 3 felony, you will be eligible to petition for removal from the sex offender registry 20 years after the completion of your sentence. If you were convicted of a qualifying class 4, 5, or 6 felony, you will be eligible to petition for removal from the sex offender registry 10 years after the completion of your sentence. If you were convicted of the class 1 misdemeanor of unlawful sexual contact, you will be eligible to petition for removal from the sex offender registry 10 years after the completion of your sentence. For other misdemeanors that require registry, you may be eligible to petition for removal from the sex offender registry 5 years after the completion of your sentence.
If you were required to register due to a deferred judgment or deferred adjudication, you are eligible to petition for removal from the sex offender registry after your case is dismissed.
If you believe you are eligible to be removed from the registry, you should consider contacting a lawyer and having them represent you by completing various steps necessary to petition for removal from the sex offender registry. This process may include a hearing before a judge.
Being on the sex offender registry can have a significant impact on people’s lives, so if you are no longer required to register, it’s important to petition the court to be removed as soon as possible. If you have any questions or need help with any of these steps, contact us today for help.
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