Colorado Springs Criminal Attorney Blog

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.

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.

As I review the blog posts I've written over the last month, it occurs to me that I have focused primarily on Colorado Springs Driving Under the Influence (DUI) cases. There are reasons for that: DUI cases are complex, are probably the most common criminal charge for otherwise non-crime committing clients, and have complicated and far reaching consequences.

Geoff Heim, Attorney, LLC defends a lot more than just DUI, though. Another criminal offense that many clients find themselves defending is "domestic violence" or "DV." It's important to note that "domestic violence" is not a charge in and of itself. In Colorado, DV is an aggravator--an allegation that enhances the consequences for what would otherwise be a routine charge. The DV allegation can be incredibly damaging because the stigma of the charge and the consequences that come from a conviction can be life-altering and career-ending.

Most DV charges in Colorado Springs are for harassment and assault. But what can be really frustrating, and sometimes hard for clients to understand, is that the "domestic violence" tag can be attached to almost any offense--even a non-violent offense. Colorado has defined domestic violence:

"Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

Moreover, once an allegation of DV is made and police reasonably believe probable cause exists for the offense, they must make an actual arrest. No tickets allowed--just arrest and booking into jail until the client can go before a judge.

Continue reading "Colorado Springs Domestic Violence Cases" »