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.