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Colorado Springs Criminal Defense Law Blog

Police: Man resisted arrest attempts regarding protective order

In Colorado as well as elsewhere, the police must struggle with domestic violence and family discordance issues daily. Sometimes, these matters turn nasty after the police are called to quell a disturbance or to enforce an existing protective order. Recently, police arrested a man who allegedly barricaded himself and resisted police prior to being taken into custody on domestic violence charges.

Colorado Springs police allegedly tried to execute an arrest warrant on the 32-year-old man for violation of a protective order, child abuse and assault in the second degree. The suspect, however, refused to cooperate and leave the home, per police reports. Instead, police say that he barricaded himself inside while police yelled to him to surrender.               

Felony menacing charged against speeding semi-trailer driver

Many criminal charges are lodged against motorists for assaultive or threatening behavior in Colorado as well as throughout the country. One unusual incident recently resulted in the felony arrest of a 45-year-old man in Weld County. The man allegedly was driving a semi-trailer and apparently sped through a construction zone twice, to the consternation of the construction workers at the site.

On the second drive through, a worker allegedly recognized the vehicle and tried to slow the driver down, only to be "flipped off" by the speeding driver. That worker and a co-worker then decided to follow the semi-trailer, allegedly to obtain the information to report to police. They found the vehicle parked on the side of a road not far from the construction site.

Police charge mother with felony child abuse in shooting mishap

The criminal law in Colorado and elsewhere attempts to protect children from abuse by punishing the guilty perpetrator. Sometimes the criminalization of negligent behavior, however, may result in an injustice. That thinking may be a defense that can be used on behalf of a mother who has been arrested on felony abuse charges arising out of the shooting of her 2-year-old son by his 3-year-old brother. Police report that the child found the phone in his mother's purse and shot the gun to "play cops and robbers."

The child was in critical condition at first, with a later upgrade to serious. The Colorado Springs Police Department charged the 30-year-old mother with felony child abuse resulting in serious bodily injury. She reportedly gave damaging and arguably irrelevant statements to the police without the assistance of counsel.

Babysitter held on felony charge of child abuse causing death

Colorado has a criminal statute that singles out child abuse offenses. Under the statute, when child abuse results in death the offense can range from a class 3 felony charge up to first degree murder. The difference between the felony classes is determined by the degree of criminal intent of the actor.

Thus, where the person acts with criminal negligence and the child dies, the offense is a class 3 felony. If the person acts knowingly or recklessly and the child dies, the offense falls in the more serious class 2 felony category, and so on. Recently, authorities arrested a babysitter in Pueblo who allegedly left an 11-month-old baby unattended in a bathtub, and came back to find her floating face-down in the water.

Felony charges alleged against 3 in aftermath of car crash

Street fights that break out spontaneously among younger individuals are commonplace in Colorado and most other states. Sometimes these scuffles and mini-riots include gunshots, killing, wounding and knifing. They can be gang-related. The Colorado Springs police recently arrested three people for engaging in alleged felony offenses over a minor traffic collision that occurred at about 1 a.m. on Sunday, May 21.

The incident appears to have been a random car accident, and there is no indication at this time that the participants knew each other prior to the events. The incident came to light when police interviewed a man who appeared at Memorial Hospital with a stab wound in his back. He indicated that he had been a stabbing victim after the car crash. He was treated for minor injuries and released.

Murder charge: teen killed his best friend and friend's mother

A killing committed by a teenager is an adult offense when the accused is 19 years old. Colorado recognizes 18 as the year of adulthood. Thus, anyone 18 or older who faces a murder charge will be dealt with as an adult under the state's criminal justice system.

A recent tragic killing in Colorado Springs illustrates some of the typical issues that arise in murder cases with potentially unstable young adults. A 19-year-old male is charged with first-degree murder in the shooting death of both his best friend and the friend's mother, police say. According to a witness, the accused had been staying with the victims after he was booted out of the University of Northern Colorado at Greeley. The witness stated that she was staying at the home the night of the killings and that she had asked her boyfriend to go downstairs to get her ice cream. A short time later, she heard a loud crash and gunshots, say the police.

Suspect arrested regarding robbery at 7 prominent businesses

When police pull someone over and find a note in the operator's car that apparently orders a bank teller to put "all money in drawer, have pistol, stay calm," is that note enough to establish probable cause for arrest? The answer probably varies on a lot of other factors. In Colorado Springs, the police expressed the opinion that the answer is "yes," that such a note was enough for probable cause to arrest a man for bank robbery.

In fact, the police did pull over a 32-year-old man in Colorado Springs recently, and they did find such a note. This led to his arrest for seven prior bank robberies. Other than the note, one of the factors for probable cause, according to the police, was the identity of the car.

Man caught in the act by video, arrested for petty misdemeanor

Some purported crimes are inexplicably tied to the bizarre fantasies of the perpetrator. One man shocked residents of a townhouse community near Colorado Springs on May 3. At about 2 a.m., surveillance video allegedly caught him defecating on the front porch of a home occupied by a family that did not know the perpetrator. The video was apparently posted on social media and the events reported to the police, leading to the arrest of the 33-year-old man for disorderly conduct, a class one petty misdemeanor.

Although the family residing in the home contacted the media and the police, they were not taking it personally. One of the residents expressed that they wanted the man caught but that they hoped that he could get help. When apprehended, he reportedly told police that his ex-girlfriend once lived at the property, and he asserted that she died there.

No identification or forensic proof may signal a viable defense

Both eyewitness identification and forensic evidence can go a long way in supporting the prosecution of an accused criminal wrongdoer under the Colorado criminal laws. When such evidence does not exist, and if there is not a valid confession, the defendant may have a viable defense to the charges. Recently, a 46-year-old man was arrested by the Colorado Springs Police for allegedly stabbing another male near the Dorchester Park section of the city.

Authorities arrested the man for first-degree assault. However, it is uncertain whether the victim of the stabbing identified the accused as the perpetrator. Colorado fugitive recovery agents picked him up near the crime location when they were looking for someone else. It turned out that the accused was himself allegedly a fugitive on a failure to appear warrant for fighting in public and possessing marijuana in a detention facility.

Colorado to issue refunds if criminal conviction is overturned.

For some Colorado residents, being accused of a crime is the first step in a series of terrible circumstances. Having to defend against criminal charges is stressful, both for the defendant and his or her family and friends. Very often, jobs are lost, relationships are ended and financial ruin takes place. For those who are eventually convicted, things degrade even further. A recent court ruling, however, aims to help make things right for those who are able to have a criminal conviction overturned.

The United States Supreme Court ruled that when a criminal conviction is overturned, the state cannot keep fines and other costs that were assessed against the defendant. The case before the court featured two defendants, one accused of child abuse and the other of assault and child prostitution. Both defendants were able to have their cases overturned on appeal. The Supreme Court found that individuals in those circumstances must be presumed innocent.

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