Colorado Springs Criminal Attorney Blog

From the Fast and Furious Division of Geoff Heim, Attorney, LLC: Colorado's most dangerous mountain pass is . . . Wolf Creek! Read about it here in the Durango Herald.

As I look back over my posts, I see that I haven't really mentioned that as well as being a Colorado Springs Criminal Defense Attorney and Colorado Springs DUI Lawyer, I'm a Colorado Springs Traffic Attorney. (Note, the annoying list with geographic and practice area descriptors is for SEO marketing purposes and not because I normally talk like that!).

Anyway, the majority of the contact our citizenry has with law enforcement and the courts is through the basic, garden variety traffic ticket. Only, when it's you that gets the ticket, it is suddenly not basic, nor garden variety anymore. Nay, it becomes the CASE OF THE CENTURY. The hyperbole is intended, but people get fired up over the traffic ticket: "A cop is hiding behind a bush with a radar gun--that's ENTRAPMENT, right Mr. Heim? That should be thrown-out!" Or, one of my personal favorites: "I was not following to closely, the guy in front of me slammed on his brakes!" But sometimes, an accident is just that--an accident on a wintery pass (like Wolf Creek) where there is no fault but the weather--but the police write a Colorado Springs careless driving ticket anyway.

Regardless of the ticket, they bring potential driver's license and insurance consequences, stress and uncertainty, and (sometimes) much more emotional turmoil than is necessary.

My Colorado Springs Traffic Lawyer firm (it's that search engine marketing thing again) can keep you out of court, minimize the damage, and ensure that you get the best result possible. All for a reasonable, fixed fee. So, take a breath, let go of the annoyance of the ticket and give me a call to see how we can make the best out of a bad (or at least annoying) situation. And drive safe out there, my friends.

I had another post all lined up and ready to publish, but this article in the Colorado Springs Gazette about our local DA failing to disclose evidence in a sex crime prosecution against a cop hit the wires and I thought it was just too timely and too relevant to not comment.

Colorado Rule of Criminal Procedure 16 dictates what information must be turned over by the prosecution to the defense and when it must be turned over. This flow of information, and the information itself, is known as "discovery". Rule 16 applies to all criminal cases from the most heinous murder cases to a Colorado Springs DUI case. While there is some discretion regarding what the DA must turn over, for practical purposes, the letter and spirit of the Rule dictate that the prosecution needs to turn over EVERYTHING!

Why? In the most broad terms, it's because our Constitution requires that a defendant be given a vigorous defense to protect against tyranny and corruption. It's because we want transparency in our government agencies. It's because the District Attorney is supposed to be the good guy. The guy in the white hat. While a Colorado Springs Criminal Defense Attorney is charged with zealously representing his client, the ethical dictates for a prosecutor are different--a prosecutor is to seek "justice". You know, the person that makes sure the rules are applied evenly. The person that ensures that justice is done. The person that is supposed to look at what is fair.

This is not the first time that our current DA's office has come under scrutiny for discovery violations. In 2010, we learned in a Colorado Springs Independent article that potentially hundreds of Colorado Springs DUI charges cases were prosecuted with faulty blood tests. Until Colorado Springs DUI lawyers fought to have the erroneous blood tests brought to light, the DA's office sat on it. And even after the problems were disclosed and the Crime Lab was decertified to test blood (it still is, by the way), the DA continued to prosecute those cases.

So, this new allegation continues a disturbing trend. What's most disturbing about it is that there are just two explanations. First, the DA's office is so inept that it is mismanaging evidence in a high profile sex crime case against a cop. And that's bad. Really bad. The second explanation is that the DA is intentionally hiding evidence. Which is much worse.

Yesterday, this Colorado Springs Criminal Defense Attorney (me!) wrote a blog about the many medical marijuana happenings in Colorado Springs and the State of Colorado. In July 2011, the Colorado Springs Gazette reported that the City was about to take in $745,000 in medical marijuana dispensary application and licensing fees, excluding sales tax revenue.

Well, the sales tax estimates were just reported today. According to the Gazette, the City brought in $710,000 in sales tax revenue from medical marijuana sales. While I'm no math wizard, it would appear that in 2011 the City's revenues were increased by $1.455 million dollars from the sale of medical marijuana. For a cash strapped municipality, that's a LOT of green (pun intended).

With freedom comes responsibility, or so I've been told. Sometimes, however, people can make mistakes--like driving under the influence of marijuana or allowing someone else to use his medical marijuana. Those mistakes are actually crimes. Not the crimes of the century, but crimes nonetheless, and with the heightened scrutiny our local DA's office is giving marijuana cases, those crimes can carry big punishments. Like loss of driving privileges, jail time, felony convictions, and huge fines. So be careful and wise out there my friends.

If you do get in trouble, give me a call. Let's see how we can make the best of a bad situation.

So, 2012 has rolled around and it's time for this Colorado Springs Criminal Defense and DUI Defense Attorney to clean out his in-box of the interesting stuff I never got around to writing about last year.

2011 was a big year for marijuana in Colorado, in both criminal and driving under the influence of drug (DUID) cases. A number of cops, DA's, "get tough on crime" legislators, and Department of Health folks pushed for a "legal limit" of THC to be set for blood. Actual scientists pushed back, rightfully claiming that the proposed limits could sweep up non-impaired, innocent drivers. The proposed legislation was tabled. Here's a good overview from the Denver Post.

Even though he wasn't driving stoned, this NASCAR driver found out that you can legally use marijuana and still be fired (or suspended) by your employers. The state will continue to push for limits in 2012 and the tension between medicinal pot use and employment policies isn't going to go away, so keep your eyes open. I believe, however, that the pendulum is swinging towards more expansive marijuana laws. And the reason is--not your civil rights. You guessed it. It's the other green stuff--MONEY.

The City of Colorado Springs was poised to take in an estimated $745,000 in application and licensing fees from pot shops last year. That doesn't even include sales tax. Question: Would you rather have a medicinally useful legal substance sold in a safe, regulated, tax generating establishment or by a bunch of thugs on a corner? That's what I thought.

In fact, in 2012, it looks like the pendulum will swing even closer towards complete legalization of marijuana possession with a recent poll indicating 49% of Coloradans support legalization, with only 40% opposing. See this Denver Post article. The legalization question looks headed to the ballot, and even the Colorado Attorney General thinks it will pass.

If you've read my blog before, you know how much I hate DUI checkpoints. They have minimal impact (the officers could be better utilized actually looking for erratic, unsafe driving) and are Constitutionally suspect. Well, the City of Colorado Springs agreed. I rarely agree with the Colorado Springs Gazette editorial board, but on the DUI Check point question, they got it right. After they printed this editorial, the outrage in the comments section caused the City to cease its participation in DUI Checkpoints. Don't get too giddy though, the State Patrol indicated they'll pick up where the city left off.

In more news, I've heard through the grapevine that the Colorado Legislature may be allowing common sense to enter into domestic violence prosecutions and give the cops, DAs and courts back some discretion to handle those situations on a case by case basis. I'll let you know if and when that becomes law.

Well, my e-mail is now empty. If you've been charged with a Colorado Springs DUI, Colorado Springs Criminal, or Colorado Springs Domestic Violence case, give me a call to see how to make the best of a bad situation.

As a Colorado Springs Criminal and DUI attorney, I see some humorous things come across my desk. Tragic, but humorous, nonetheless. These next three stories, while not about my clients, are examples. Thankfully, none of these people hurt themselves or anyone else.

First--A friend of mine (shout out to David M!) sent me this anecdote via a group e-mail last month. I hope this is a made-up situation, but I do recall a friend of mine (now a US Attorney!) telling me what a jerk I was for driving home after a night at the bar, when in fact it was he who drove--he was just too drunk to remember.

I would like to share an experience with you all, to do with drinking and driving. As you know some people have brushes with the authorities on their way home. Well I for one have done something about it.

The other night I was out for a dinner and a few drinks, and having had far too much vino, and knowing full well I was over the limit, I did something I have never done before. I took a bus home.

I arrived home safely and without incident, which was a real surprise,
as I have never driven a bus before.

Next, from Pennsylvania (he says as he chuckles because his in-laws are from PA): This man from Avondale had far too much fun at the lake. Note to self, the trailer wheels should be on the pavement, NOT up in the air. Or, as this headline from GoFISHn puts it: "If you're drunk, don't tow your boat flipped over." Probably not a good idea if you are sober, either.

Finally, from NBC Miami, we learn that a taco is not an appropriate form of identification. Although this seems funny because it's unusual, it's really not (funny nor unusual). I've represented people who have passed out at Burger King, McD's, Taco Bell and Sonic to name a few.

Anyway, if you've found yourself in any of these, ahem, interesting situations, or maybe a routine Colorado Springs drinking and driving case, hope isn't lost. Give me a call to discuss making the best of a bad situation.

Happy New Year! It's been awhile since this Colorado Springs DUI lawyer has written. So, with resolutions and all that, here we go!

In Colorado Springs misdemeanor and Colorado Springs DUI cases, there used to be established "plea bargain guidelines" that the DA's office utilized to treat people who had similar cases and criminal histories equally. That is fair on a common sense level and the Colorado Criminal Code actually requires it. Those same policies allowed for departure (read "a better deal") if there were proof issues in the case for the El Paso County DA's office or mitigating issues that a Defendant or Defense Attorney could show.

That is changing here in Colorado Springs, El Paso County, and Teller County, folks. According to the Colorado Springs Gazette, your prosecutor's office has decided to use the smaller (inference being "less important") misdemeanor, domestic violence, and DUI cases as a training ground for young prosecutors to "cut their teeth." O.k., this has been going on forever--when I was a DA I started with DUI's and misdemeanors as well. So what's changed? Something very important--prosecutors are no longer judged by how well they do their jobs and how they use their discretion. Nope, now the litmus test for promotion is "how many trials have you had?"

Four problems here:

1. Cases are not handled based on just the facts of the case. A prosecutor "needs" a trial for advancement? You tell me, is she going to take a domestic violence offender with prior offenses to trial if the victim doesn't really want to prosecute, or is she going to take the first time Colorado Springs DUI offender where the evidence is solid? What looks better to her supervisor, a win or a loss? The mandated trial count fosters trial for trial's sake, not justice.

2. The policy wastes time and resources. For example, an El Paso County DUI offender loses his license at DMV for a relatively high alcohol content, but not high enough for a mandatory jail sentence. The defendant wants to plead guilty to DWAI, but because of the trial policy the DA will not offer a plea bargain. The case goes to trial and the defendant loses. The resulting difference in sentence? The defendant faces an additional 24 hours of public service. That's it. No additional loss of license. No mandatory increase in fine or jail. So, we have wasted a judge's, six jurors', two cops', two clerks', two prosecutors', and a defense attorney's time and salaries for an additional 24 hours of public service. Awesome. But the DA gets a "trial stat!"

3. These "less important" cases that the DA won't plea bargain aren't less important! A DUI or DV case has devastating impact to those involved. Those charged face loss of career, gun rights, driver's license, and incarceration, as well as the stigma of being a criminal.

4. Finally, judging a DA based on the number of trials he has had is not an accurate indication of how well he does his job. Does he overwork support staff? Does he have a gentle bedside manner with victims? Is he responsive by phone for questions? Who cares as long as he has 15 trials!

Listen, I do think felony prosecutors need experience--but not at the expense of making sure individual cases are handled correctly and fairly. If you think your case is a victim of this new policy, give a Colorado Springs DUI and Misdemeanor attorney a call to ensure you are being treated fairly.

O.k., I came across this article today. Now, the Greeley Tribune's headline editing aside (look at it again), this article brings up an ugly truth that sometimes raises its head in Colorado Springs domestic violence cases involving divorce and children. What is that truth? Sometimes people lie! I don't mean a difference of perspective about the same event--I mean out and out lies. It doesn't happen in many cases, but in a criminal domestic violence case whose participants also have a divorce or custody dispute going on, look out.

Look, as a Colorado Springs criminal defense attorney and former El Paso County prosecutor, I've seen my share of horrendous domestic violence (DV) cases where emotional and physical abuse is common place, shocking, and sadly ends with a serious injury. For everyone of those cases, however, there are three of four or more where one party or another blows a small incident out of proportion to gain an advantage as a relationship comes to an end. Some are small exaggerations, but some are just lies. And the problem is this: the system (police, judges, DA's) has sometimes been burned when it didn't treat the true bad guy seriously. As such, our legislature has decreed that anytime a DV allegation is made, someone is arrested and, once arrested, prosecuted. Those charges have serious and long lasting consequences. Consequences like persuading a judge in a divorce action to deny custody based on the fact that one parent has pending DV charges. Hopefully my friends that are domestic violence victim advocates will forgive me, but some "victims" game the system. Like the subject of the article above.

So, if you or someone you love has been charged with domestic violence and you think you may have been "set up", give me a call to talk about your options.

One of the things I deal with every day in my job as a Colorado Springs criminal defense attorney is the toll addiction takes on our communities. It has a real sociological and financial impact. There was a time when our communities banded together and took care of those who had addictions and mental health issues--for example, Sheriff Andy and Deputy Barney looking after Otis when he fell off the wagon. That time seems to be slipping away.

In real life, it seems that while the new system is well meaning, it really "piles on" and can make it harder for those charged with DUI, Possession of Drugs, or an alcohol offense. Financially, for the average Colorado Springs DUI or DWAI case, a client is conservatively looking at $1200 in fines and court costs, $1200 in ignition interlock fees, $600 in alcohol class fees, $600 to $1200 in probation supervision fees, $75 in community service fees PLUS jail fees PLUS insurance increases PLUS lawyer fees PLUS lost income if the client goes to jail. And that's just on a first offense.

More important than the money, though, is the loss of self esteem, the shame, the family stress, and the work stress an El Paso County DUI or Colorado Springs Drug Possession case can cause. People lose their jobs for these type of offenses. There's a stigma to them as well. My most important responsibility, especially early on in a case, is to let my client know to take a deep breath, slow down, and educate him or herself about the process--because the uncertainty about the process is one of the main causes for my client's stress (and can be a trigger for further substance abuse problems). Once a client knows what he or she is facing, it's much easier to come up with a plan on how to make the best out of a bad situation. And, it's really important to assess whether there is an actual substance abuse issue or just some bad choices that have been made. That education and assessment process needs occur in every case.

With those societal and financial costs in mind, I found this article really interesting. It seems that in 1971, Massachusetts was cognizant of the need to treat those were struggling with substance abuse and dependence with a little more compassion than now. I understand that it might cost Foxborourgh a little more to control the rowdies after a big sporting event, but I'd think that is a million times offset by the tax revenue and lease fees having the stadium brings in the first place. It seems that reverting back to Mayberry wouldn't always be a bad thing.

This just in from the Colorado Springs Gazette: Local El Paso County and Colorado Springs Police will conduct a DUI Checkpoint tomorrow night (Friday, July 15, 2011). The original CSPD DUI Checkpoint Press Release can be found here.

I've already espoused my dislike of sobriety checkpoints here. The just reek of "Stop and show us your papers!"

I really think that the resources expended on checkpoints would be better utilized by patrol officers actually patrolling to observe the poor driving that's indicative of impairment. I think our Constitution would appreciate it, too. One thing that is interesting is that our Supreme Court has indicated that a constitutionally permissible checkpoint should be publicized prior to the implementation of the checkpoint so that citizens that wish to avoid the checkpoint can. Why is that interesting? Well, neither of the above press releases tell us where this checkpoint is. Not only that, it would seem that the operational meeting for the checkpoint (another component of a constitutionally permissible checkpoint) isn't occurring until 10 pm of the day of the checkpoint. Hmm. Here's hoping that's a typo in the press release and the police aren't being that disingenuous.

Again, our case law allows DUI checkpoints, but it sets limits to prevent discrimination and abuse of this intimidating law enforcement technique. If you were arrested at a DUI checkpoint, call an experienced Colorado Springs criminal defense attorney to assess whether you were properly detained.

While I was on my recent blogging hiatus, some interesting stuff DID happen. One of my favorites is about a driver who was charged with harassment by the Colorado State Patrol for saluting a trooper--well, giving the one-finger salute! Here's the article from the Denver Post. I find the comments to the story very illustrative somewhat ironic.

Now, don't get me wrong--the police have tough jobs. I have a lot of cop friends. Plus, where would my career be without the police charging people? But--all that said, in our country we have something called the First Amendment. It's really important. So important, that when our Founders included the Bill of Rights, they put it first! And nowhere is the First Amendment more important than when it comes to criticizing government--police included. Courts have long recognized this very important right--whether it's burning a flag (distasteful, but it sure makes a point) or flipping off a trooper, our Founders made a decision that we've agreed with for 221 years--"Sticks and stones can break my bones, but words can never hurt me."

O.k., I'm back from extended hiatus. I just couldn't bring myself to sit down and write. Plus, I've been busy. Which is good a thing for a Colorado Springs defense attorney to be--you don't want to be the guy that no one hires!

Anyway, I was asked a couple of times last week for my thoughts on the Casey Anthony verdict and the Dominic Struass Kahn debacle. I really didn't follow the cases (too close to my actual job to have me interested), but I did prosecute those types of cases and some of my clients asked for my thoughts. Most of the questions were about how could a jury walk this (insert bad language of your choice here) woman or how Strauss Kahn could have been charged in the first place.

With regard to the Anthony trial, I've always believed that the longer a criminal trial is and the more witnesses the State has to call to prove a certain proposition, the harder it is to get a conviction. There was no one who could say--"yeah, it was her, I saw her do it because she was angry and then she dumped the body". So the prosecution went with, "she's a bad person, she partied when she didn't know where her kid was, and she lied to the cops so she MUST have done it." That's just not proof of an act. Sure she's abhorrent, but they couldn't prove what happened. And that's the essence of our system--you can't convict a person just because you don't like 'em. If you could, well, we'd have the Salem Witch Trials all over again. And that's what the system is designed to prevent.

In both instances, the prosecution overreached--in Anthony they went for capital punishment when they couldn't even prove the cause of death!! This article quoting an Anthony juror explains just that--you actually need more than a bare allegation to prove murder. And the prosecution overreached because of the public nature of the case. Juries don't like that--in Florida or Colorado. With Strauss-Kahn, they arrested and indicted before the investigation was complete. Same thing, they wanted it to look good for the press. Here are two excellent essays on the subject--the first from Jeffrey Toobin and the second from Scott Simon. Just click on their names to read their words. Even though the public perception of "justice" may have been offended, the process is actually doing it's job--slowing down the emotional rush to judgment and making sure that rational logical thought decision is the basis for far reaching and permanent decisions. Thanks system!

I just ran across an article about Maryland cracking down on DUI cases by requiring first time offenders to place an ignition interlock device in their vehicles. Well, Colorado has required that for the last two years! I guess we are ahead of the curve.

An ignition interlock is a device that a driver blows into prior to starting a vehicle and occasionally after the vehicle has been started. If the device detects alcohol in the driver's breath, it "locks" the driver out. Theoretically, if the device is in a car and working properly, the driver won't be able to start the car, won't be subject to another DUI, and everyone is safer. That's the theory.

Essentially, every Colorado DUI driver who has lost his license has to put one of these devices in his car for a minimum of nine months on a first offense. That time frame can be extended up to two-years depending on "aggravating" factors like an extremely high blood alcohol level. For specific rules, call an experienced Colorado Springs DUI attorney.

That's all well and good, in theory. Sometimes practical considerations come into play though--what if someone uses an alcohol based mouthwash or toothpaste? What if you must drive a work vehicle? What if your spouse also drives your car? Those are all common problems for the ignition interlock system and the answers aren't necessarily easy. Plus, there is an inconvenience and a stigma (some will say justifiably so) associated with the interlock. To answer those questions and to see whether reinstating your driver's license will require ignition interlock, you should call an El Paso County DUI attorney.

Hello everyone! Today is St. Patrick's Day. Luck o' the Irish to ya. I've also got a couple of updates for you as well.

As with every "party" holiday, there is sure to be a lot of drinking tonight. The best way to stay out of trouble if you go out is to take it easy, stay in control and don't drive! The Colorado Springs Police and El Paso County Sheriff's are out there using "saturation patrols" and DUI checkpoints to search for impaired drivers. A DUI saturation patrol is simply flooding an area to patrol for driving behavior indicative of impairment (weaving, slow driving, not responding to traffic control devices, etc.). So, be careful, be smart, and be safe.

In other news, the THC (marijuana) DUI bill has gone through first reading at the Capitol. Looks like this one is going to be law, my friends. Here's an update about it from the Colorado Independent. It's a pretty decent explanation of the issues. I, for one, believe the focus on "legal limits" really detracts from the real issue of DUI cases--dangerous driving. I posted a blog a while back that linked to an article that suggests we should really look at how impaired a driver is instead of what their "level" is when imposing sanctions. Studies have shown (but I don't have time right now so I'm not going to link to them) that using a cell phone is while driving is as dangerous as driving at a .08 BAC for most people. I guess that would hold true for 5 ng of THC in your blood too. Wouldn't it be better just to focus on whether someone is actually driving poorly? Or am I just a jaded Colorado Springs defense attorney :-)?!

Be safe out there tonight, my friends!

This article about a Mothers Against Drunk Driving chapter president has gone viral on the internet this week. As a Colorado Springs DUI lawyer, I have some observations.

First, no matter how ironic (poetic to some) this woman's arrest seems, she is a person--with all the good things and bad things that go with humanity. Many say she's a hypocrite. Maybe, maybe not. One thing is for sure. She is having a BAD week. I've represented cops, soldiers, pilots, firefighters, lawyers, doctors, school teachers, school administrators, and nurses on El Paso County DUI cases. It's not just college kids and alcoholics that get into trouble. And there are some things all of those clients have in common--they are scared, embarrassed, and troubled by their situation. And on many levels, they need support and compassion.

People have very strong feelings about MADD. I happen to think they have a great mission, but perhaps too much political clout. DUI laws have become some of the most onerous and burdensome around. When a first time DUI client has must serve a mandatory jail sentence, but a sex offender can get probation without jail, I think we should reassess our priorities and where we put our resources. That said, don't drive drunk in Colorado Springs. Or elsewhere.

I was talking with a client yesterday and he made the observation that it seemed like my primary job as a Colorado Springs defense attorney was to separate him from the rest of the defendants in court--to provide the human element of his life to those in power. I whole heartedly agreed. My main job is to get the "system" (the El Paso County District Attorney, or Judge, or probation officer) to view my client as a real live person instead of a case file.

No one deserves to be judged by what happens on the worst day of her life. No one is as good as the best thing he has done, nor as bad as the worst thing he has done. I think we'd all be a little better people if we kept that realization in our consciousness as we go through our days.

Last month, I posted about Colorado pressing forward with per se DUI limits for THC in blood. Essentially, this means that if you have a certain level of nanograms of THC per milliliter of blood, Colorado law will presume that you are impaired. Well, according to the Aspen Times, it looks like Colorado is one step closer to a 5 ng reality.

I can't really tell from the article what the minutia of the bill looks like--whether the "limit" will follow the Colorado Driving While Ability Impaired (DWAI) presumption or whether it will follow the Driving Under the Influence (DUI) scheme, along with the DUI and DMV consequences. And while this law would appear on it's face to not be targeting medical marijuana users, it's interesting to note that Colorado already has a driving under the influence of drugs charge that is built around the "totality" of the circumstances that of which the article speaks. It's also common to have testimony about THC levels in blood and what equals impairment or intoxication. It's also interesting to note that Colorado Springs Representative Waller has come out (along with El Paso County District Attorney Dan May) against MMJ.

So why the push for "limits"? It might just be that without them, DA's are having a hard time making a case based on actual driving behavior that the driver's ability to drive is compromised. And the cynic in me thinks our elected officials may be trying to get some "tough on crime" good press.

If you have been cited for a Colorado Springs DUI, make sure you call a good Colorado Springs criminal defense attorney to talk about your case.