Colorado Springs Criminal Attorney Blog

One thing I've learned after 18 years as a lawyer (WTH?!?, I don't feel a day over, um, 40.) is that police and citizens sometimes have a very different opinion of what you can say--or in this case--sign to a police officer.

I know, cops have a tough job. They put their lives on the line to protect us every time they go out on the street. And we, as a community, generally respect their service. Heck, just look at this survey and compare where police officers rank. At least lawyers didn't make the bad side of the list in this survey!

Anyway, I've had clients arrested for all kinds of various slights to police officers--ranging from being charged with City of Colorado Springs Municipal Code Violations for Interference (for not sitting on the curb quickly enough when directed) to being charged with first degree assault on a peace officer (for being shot when not complying with an officer's orders). Those are extremes, but one situation is more common--a client is mouthy or makes an obscene gesture and is cited for either verbal "harassment" or "disorderly conduct".

Jumping back to the respect that we give police officers, the down side of that respect is that it's part of the job to deal with people who are drunk, irrational, or just don't like authority. And that last part, dislike of authority and being able to communicate that dislike is one of the founding principals of our Constitution. I know I've said it before, but it's so important, "they" put it #1 in the Bill of Rights--The First Amendment!

The reasoning is this: Nowhere is being able to speak your mind so important as it is when telling the government and it's representatives to pound sand. That's where the rubber hits the road for a truly free people, apologies to my friends that really like the Second Amendment--there's a reason it was # 2 :-). This case was decided last year and is instructive, and reviewing gave me the idea for this entry. It's almost a carbon copy of this case I wrote about eighteen months ago. I don't advocate running around and "flipping the bird" at the police, or really anybody, (I'm big on being polite) but it just isn't a crime.

So, if you've been charged with verbal harassment or verbal disorderly conduct, you may have a Constitutional defense. Call a qualified defense attorney to talk about your rights.

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."

Although our legal system may be slow and frustrating at times, I believe it is the best in the world. Our founders had the foresight to set up a system that provides the rights to notice, to due process of law, to be free from unwarranted searches and seizures, to remain silent, and the right to be free from cruel and unusual punishment. Those rights, among others, arose because the founders knew that unless the power of the State could be checked, the State would engage in abuses. Explicit in the Bill of Rights and implicit in those rights themselves, is the right to representation--so that if you find yourself in the State's cross-hairs, someone who knows the law can ensure that your rights aren't trampled upon. That's Civics 101, right?

Apparently, Martin Beeson--who is the elected DA of Colorado's 9th Judicial District (and until recently was running for United States Congress)--missed that class. The Aspen Daily News reported last week that when Beeson was making his budget pitch to the Pitkin County Commissioners he got a little testy about his office having to prosecute cases defended by the public defender:

Asked about the public defender's budget after his Aspen meeting on Tuesday, Beeson criticized the office for abusing the 6th Amendment right to a defense counsel by needlessly frustrating the DA's efforts and using legal loopholes to suppress incriminating evidence against their clients.

"Public defenders are not defenders of the public," Beeson said. "They are not serving the public good. They are taxpayer-funded attorneys for criminals."

You can read the full article here.

Listen, I know sometimes defense attorneys get a bad name, and Public Defenders even more so. Sometimes, the guilty do go free so that an innocent isn't convicted. And, as a former prosecutor, I know how hard it can be to obtain a conviction. I also know that it should be hard to obtain a conviction because the State is impacting the rights and very freedom of the accused.

Mr. Beeson, I'm sorry if someone stands up to you. I'm sorry if you are frustrated by defense attorneys, judges, and the Constitution. But, if no one watches those in power, if no one is able to question those would have us named "criminals", if no one is able to test the proof that the State claims is evidence or the methods the State uses to obtain that evidence, then we are no better than a tyranny.

Mr. Beeson, the right to reprsentation isn't a "loophole". The Constitution demands it!