Colorado Springs Criminal Defense Law Blog

Theft is a crime that is not taken lightly in the state of Colorado. There are varying degrees of theft, leaving some people to believe that certain types of stealing really aren't a big deal. Shoplifting is a great example of this. If you are accused of shoplifting, you may find the charges against you to be more serious than you thought possible.

To be convicted on a shoplifting charge, two specific elements have to exist in your case. These two elements are that you took possession of store merchandise and you did it with the intent of taking it from the store without paying for it. Intent is the hardest part to prove. Anyone who goes into a store and places an item in a cart or shopping bag has technically taken possession of it. It is what they do after the fact that can land them in legal trouble.

It happened. You were driving home and were pulled over for suspected DUI. You failed a Breathalyzer test and found yourself being placed in police custody. You've been charged with impaired driving for the first time in your life, and now you are worried that you will end up in a Colorado jail for an extended period of time.

After a DUI arrest, you may spend some time in jail or another type of detention center until you are released on bond or under the condition that you will appear in court. This does not mean that you will automatically have to spend more time behind bars than that. It all really depends on the details of your case.

Some aspects of certain drug crimes are illegal and subject to both state and federal penalties. For instance, illegal cultivation and manufacturing may be considered felonies according to state and federal laws. How Colorado residents who are accused of such crimes fight their cases could mean the difference between maintaining their freedom and spending years behind bars.

When it comes to cultivation -- specifically in regard to marijuana -- it may not be illegal if the individual cultivating the product has all the right permits to do so. This is a drug that is legal in the state, but that does not mean just anyone can grow and distribute it. Non-medical users can grow their own for personal use, but they cannot have more than six plants. Anyone found with more than that or found to be selling the product illegally could face felony charges.

Following a criminal conviction, or the entry of a guilty plea, it is possible for one to receive a probation sentence rather than some form of incarceration. Colorado only considers probation in certain types of criminal defense cases. This week, this column will address a few common questions some may have about how probation works.

Question number one is: Who may be eligible for probation? This type of sentence may be available to any adult or juvenile charged with a felony or misdemeanor crime. Before deciding if it is a viable option, a risk assessment must be conducted. Depending on the results, one may receive regular probation, intensive supervision or incarceration.