Colorado Springs Criminal Law Blog

Colorado Sees Spike in Car-Part Thefts

Fri, 03 Feb 2012 08:45:45 -0700

Colorado law enforcement agencies have reported an increase in Colorado auto thefts - not of entire vehicles, but of certain parts that may contain valuable metals and other materials, according to a recent news report from KKTV. The parts most often targeted are catalytic converters, which contain platinum and other metals that can often be scrapped for money - and some scrapyards don’t ask where a person got their hands on the things they’re turning in.

A southern Colorado auto repair shop noted that many new customers have come through its doors recently needing a new catalytic converter installed on their vehicles because the old one had been cut away. Most vehicles have between one and four catalytic converters. These devices improve the quality of exhaust emissions by turning some toxic chemicals into less harmful ones. When they are simply cut away from the vehicle’s exhaust system, however, they can cause problems with the vehicle’s ability to run, including a great deal of noise. Repairing a catalytic converter can be expensive, and if a vehicle is kept outdoors, there are few ways to ensure its safety.

Every person accused of a theft crime in Colorado has legal rights, including the right to an experienced Colorado theft crime defense lawyer to help them fight their case in court. At The Bussey Law Firm, P.C., we’re dedicated to fighting to protect the rights of every person we represent, while also building an aggressive defense that seeks the best possible outcome in each case. For a free and confidential consultation, don’t hesitate to call us today at (719) 475-2555.

Increased Awareness and Enforcement May Lead to More CO Super Bowl Sunday DUI Arrests

Wed, 01 Feb 2012 18:32:18 -0700

Super Bowl Sunday means plenty of parties as people gather to enjoy the biggest professional football game of the year. Unfortunately, it also means increased law enforcement patrols, sobriety checkpoints, and other methods to stop suspected drunk drivers. Police know that many people enjoy alcohol as part of their celebrations, and they assume this means more people will be driving without first having taken the time to sober up.

If you’re going to a Super Bowl party this year, here are some steps you can take to help yourself and your friends avoid an arrest on suspicion of driving while impaired (DUI):

Plan ahead. Choose a designated driver, call a cab, or plan to take public transportation or walk. If you’re planning to drink, also plan not to get behind the wheel.

If you must drive, switch to non-alcoholic drinks at least an hour before you get behind the wheel. NFL stadiums stop serving alcohol at the end of the game’s third quarter, so this might be a good time for you to switch your drink as well. Have a meal or a large snack to help your body absorb alcohol.

Bring along the numbers for local cab companies. Not only will you have a way to get a sober ride, but you will also be able to call for friends who might need one too.

At The Bussey Law Firm, P.C., our experienced Colorado Springs DUI defense attorneys have handled a wide range of drunk-driving-related cases. We know how to examine the details of each client’s situation and build an aggressive defense that protects your rights while fighting for the best possible outcome in your case. To learn more about your legal rights and options after a DUI arrest or charge, call us today at (719) 475-2555. The initial consultation is free and completely confidential.

Supreme Court Rules that Police GPS Tracking Requires a Warrant

Wed, 25 Jan 2012 08:41:58 -0700

The U.S. Supreme Court ruled recently that placing a GPS device on a suspect’s vehicle and tracking its movements counts as a “search” under the Fourth Amendment, and that law enforcement officials must therefore get a warrant in order to use GPS tracking, according to a recent article in the Washington Post.

The court heard a case involving a D.C. man suspected of drug trafficking. As part of its investigation into his activities, the police attached a GPS device secretly to his vehicle, then tracked his movements for 28 days. The information they gathered from the GPS was then used in court to convict the man of a felony drug crime. The D.C. police did not have a warrant when they stuck the GPS device to the man’s vehicle, nor did they have his permission to put it there.

Several of the justices also felt that electronic surveillance in general was an unconstitutional violation of privacy. However, the court’s opinion did not make a final decision on that point, instead reserving it for future courts to consider.

Regardless of the nature or seriousness of a criminal charge, you have legal rights in court. At The Bussey Law Firm, P.C., our experienced Colorado Springs criminal defense lawyers are dedicated to aggressively defending your rights and fighting for the best possible outcome in your case. For a free and confidential telephone consultation, call our office today at (719) 475-2555.

Sexual Assault Numbers Increase at CO Air Force Academy

Mon, 23 Jan 2012 18:37:01 -0700

In 2003, the Air Force Academy outside Colorado Springs, Colorado faced an investigation after a Colorado sexual assault case that led to the Academy changing its policies and keeping much closer tabs on information related to sexual harassment and assault. After several years of relatively stable numbers of reports, the number of sexual harassment and assault reports at the Academy has suddenly jumped and administrators at the Air Force Academy aren’t sure why.

The Air Force Academy recorded 10 sexual assault cases in the 2005-2006 school year, when it first began keeping track. The numbers dipped to eight in 2008-2009, then rose to 30 in 2010-2011.

The Academy’s administration, however, is not sure whether the increase in numbers actually reflects an increase in sexual assaults on the campus, or is merely evidence that more cadets are willing to report potentially dangerous or questionable incidents when they happen. Nearly 3,200 sexual assaults were recorded military-wide in the same time period, according to the U.S. Department of Defense, but record keepers suspect that number is unnaturally low because not everyone involved in a potential sexual assault in the military reports the incident to authorities.

Being charged with a sexual assault or similar offense can have serious consequences for one’s future. At The Bussey Law Firm, P.C., our experienced Colorado sex crime defense attorneys are dedicated to fighting on behalf of those facing sex crime charges in Colorado Springs and surrounding areas. We will build an aggressive defense that seeks the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

Federal Law Enforcement Considering Colorado Medical Marijuana Crackdown

Fri, 20 Jan 2012 09:06:28 -0700

Federal drug law enforcement agencies are considering a “crackdown” on many Colorado medical marijuana dispensaries, similar to that carried out in California, according to a recent article in the Huffington Post. The crackdown was announced only a few days after several groups turned in sufficient signatures to get the “Regulate Marijuana Like Alcohol” Act placed on the 2012 ballot.

Colorado law permits dispensaries that offer marijuana for medical reasons, but federal law currently prohibits the use of marijuana for any purpose. Recently, several dispensaries that are operating within 1000 feet of a school were sent letters from federal law enforcement warning that they had to shut down. Local laws allow the dispensaries to operate within 1000 feet of schools, but federal law prohibits this.

The Supreme Court decided in the 2005 case Gonzales v. Raich that federal law enforcement agencies could still enforce federal drug laws, even if a particular state had decriminalized or legalized the use of a particular substance. Gonzales v. Raich also focused on medical marijuana use after a California woman was prosecuted by federal officials despite California’s legalization of marijuana for medical purposes.

Being convicted of a drug-related crime in Colorado can have serious consequences, whether the charge is based in federal or in state law. If you or someone you care about is facing a drug charge, please don’t hesitate to call the experienced Colorado Springs drug crime defense lawyers at The Bussey Law Firm, P.C. today. For a free and confidential consultation, call us at (719) 475-2555.

Most Major Crimes Decreasing in Colorado, But Forcible Rape Convictions are Up

Wed, 18 Jan 2012 08:03:13 -0700

The Colorado Bureau of Investigation (CBI) compiles a major crimes report each year, showing trends in convictions for various Colorado felony crimes in the state. In 2010, the last year for which a report is complete, the CBI found that “major crimes” - a category that includes homicides, forcible rape, robbery, burglary, and motor vehicle thefts - had, for the most part, decreased in Colorado in recent years. Convictions for forcible rape, however, have increased dramatically over the past several years.

In 2010, Colorado law enforcement agencies reported a total of 129 homicide convictions. This is a decrease of almost 25 percent from 2009, and a lower number than Colorado has seen in many years. Overall, homicide convictions accounted for 0.3 percent of criminal convictions in Colorado in 2010.

Law enforcement agencies also reported 3,131 robberies, 25,769 burglaries, and 11,114 motor vehicle thefts. All of these represented decreases from 2009 and were part of a trend of these types of criminal convictions decreasing in recent years.

Forcible rape was the primary exception to the overall decreasing trend in “major crimes.” In 2010, law enforcement agencies reported 2,168 forcible rapes, including both completed and attempted rape. While this number is lower overall than those for either robbery, burglary, or motor vehicle theft, it represents a 3.4 percent increase in reported forcible rapes over 2009.

A conviction for a major crime means major consequences. If you’ve been charged with a felony in Colorado, you need a dedicated Colorado felony defense attorney with the experience to build an aggressive defense that protects your rights and fights for the best possible outcome in your case. At The Bussey Law Firm, P.C., we strive to give each of our clients the best possible representation. Call us today at (719) 475-2555 for a confidential consultation.

Understanding Colorado’s Animal Cruelty Statutes

Mon, 16 Jan 2012 08:31:25 -0700

Colorado law makes animal cruelty a crime. A first conviction is usually a misdemeanor, but a person may be convicted of a class 6 felony - including jail time or home confinement - for a second or later offense. But what is “animal cruelty” under Colorado law?

Animal cruelty includes:

knowingly, recklessly, or with criminal negligence:
- overdrives, overloads, overworks, or torments an animal;
- deprives an animal of necessary sustenance (food or water);
- unnecessarily or cruelly beats an animal;
- houses or allows an animal to be housed in a way that results in chronic or serious physical harm;
- carries an animal or confines it in a vehicle in a cruel or reckless way;
- engages in a sexual act with an animal; or
- mistreats or neglects an animal, or allows or causes an animal to be mistreated or neglected.
having responsibility for someone else’s animal and failing to provide adequate food, water, or shelter for the animal;

abandoning an animal;

recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

“Aggravated animal cruelty” occurs when someone knowingly tortures, needlessly mutilates, or needlessly kills an animal.

The full text of Colorado’s animal cruelty laws can be found in the Colorado Revised Statutes, sections 18-5-201 through 209 and 35-80-101 through 109.

Animal cruelty is not always a felony, but a conviction can affect your life in many ways, including your future employability. If you or someone you love is facing animal cruelty charges, please don’t hesitate to call the experienced Colorado criminal defense attorneys at The Bussey Law Firm, P.C. For a confidential consultation, call us today at (719) 475-2555.

Fewer Criminal Cases Filed in Colorado County Last Year, Say Prosecutors

Thu, 12 Jan 2012 18:26:34 -0700

Fewer criminal cases were filed in Colorado County in 2011 than in previous years, according to a recent article in the Colorado County Citizen. The Colorado County Attorney reported that 740 new cases were filed last year, down from 844 cases in 2010. The Citizen’s article did not state how many of those cases resulted in criminal convictions in 2011.

The 740 cases in 2011 included 197 felonies, 506 misdemeanors, and 11 juvenile cases. The remaining cases involved forfeitures of assets or bonds. The total included only new charges filed in 2011; it does not include ongoing cases, charges that were dropped for lack of evidence, protective orders, cases filed by Child Protective Services (CPS), or cases heard by the Justice of the Peace courts.

In both felony and misdemeanor cases, most of the cases filed in 2011 were for violations of the state’s controlled substances laws. Other commonly-charged felonies included: burglary, aggravated assault, other types of theft, and driving under the influence (DUI) of alcohol or other drugs. Commonly-charged misdemeanors included: theft by check, driving while impaired by alcohol or drugs (DWI) first or second offense, and assault.

A criminal conviction can come with serious penalties. It can also affect your ability to find employment, housing, or other daily needs in the future. If you are facing criminal charges in Colorado, the experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. can help. For a free and confidential consultation on your case, call us today at (719) 475-2555.

Police See No Pattern in Increased Colorado Springs Homicides

Mon, 09 Jan 2012 08:53:36 -0700

Colorado Springs police have noted an increase in the number of homicides in the city since last year, but they say they can see no obvious pattern to them, according to a recent article in The Colorado Springs Gazette.

In 2011, police in Colorado Springs recorded 32 homicides, a 33 percent increase from 2010. Unlike the usual types of cases law enforcement typically handles, however, many of the cases were considered “anomalies,” involving visitors to Colorado Springs or an unfortunate mix of events that don’t happen in an average year. The rate of other violent crimes in the area, especially robberies and burglaries, dropped during this time.

Despite the larger number of deaths that were presumed to be homicides in 2011, police do not believe that the numbers indicate Colorado Springs is seeing an increase in crime overall or is becoming less safe. The police department was quick to point out that, because homicides tend to get lots of media attention, it can feel as though the streets are becoming less safe when in fact they are just as safe as usual. In fact, Colorado Springs ranked as the eighth safest city in the U.S. in 2011, both due to its low crime rates and its low risk of car accidents.

Being charged with a violent felony is serious, especially when the charges involve homicide. At The Bussey Law Firm, P.C., our experienced Colorado Springs violent felony defense attorneys are dedicated to protecting the rights of each one of our clients as we build an aggressive defense that seeks the best possible outcome in each person’s case. For more information, call us today at (719) 475-2555.

Holiday Season Saw Over 1,300 Colorado DUI Arrests

Fri, 06 Jan 2012 17:48:24 -0700

Over 1,300 Colorado drivers were arrested on suspicion of driving under the influence of alcohol (DUI) between Thanksgiving and New Year’s Eve, according to a recent article in The Denver Post.

Sobriety checkpoints were set up at several times over the holidays in various Colorado cities. New Year’s Eve saw 90 checkpoints run by various state and local law enforcement agencies throughout Colorado. Law enforcement agencies have not yet revealed how many drunk driving arrests were netted by the New Year’s Eve checkpoints or saturation patrols, but between November 23 and December 30, 1,310 drunk driving related arrests were made.

In an attempt to help people avoid arrests or accidents, metro Denver offered free rides on the city’s metropolitan transit system over the New Year’s Eve and New Year’s Day partying hours. Beer manufacturer MillerCoors also handed out free $10 taxi vouchers to revelers in several cities, including Colorado Springs. Local municipalities and law enforcement offices throughout the state encouraged people to plan ahead, either by choosing a designated driver, finding an alternate way to travel to and from parties, or hosting at home.

Although officers use technology like breath testing machines to help them decide whether to arrest someone on suspicion of DUI, determining whether a driver is too impaired to keep driving isn’t an exact science, and an officer’s initial evaluation of a driver can be incorrect. That’s why at The Bussey Law Firm, P.C., our experienced Colorado DUI defense lawyers focus on building an aggressive defense that drives toward winning the best possible outcome in each case we handle. To learn more about how we can help, call us today at (719) 475-2555 for a confidential consultation.

Centennial, Colorado Named State’s Safest City for Seventh Time

Wed, 28 Dec 2011 08:50:49 -0700

For the seventh year in a row, Centennial was named Colorado’s safest city when it came to crime rates, according to a recent article in the Centennial Citizen. The list includes 400 cities nationwide with populations over 75,000 people and ranks cities on several crime- and other safety-issue-related indicators.

Compared to other U.S. cities, Centennial came in number 16th overall. The safest city in the U.S. was judged to be Fishers, Indiana, a suburb of Indianapolis. Boulder, Fort Collins, Colorado Springs, and Denver also made the nationwide top 400 list along with several smaller Colorado cities, suggesting that overall, the state is a relatively safe place to live and work. O’Fallon, Missouri; Mission Viejo, California; Ramapo, New York; and Newton, Massachusetts also made the top-five list.

The list examines six types of Colorado felonies: murder, rape, robbery, aggravated assault, burglary, and motor vehicle theft. An in-depth analysis of this data has been published in the book City Crime Rankings 2011-2012: Crime in Metropolitan America, which is produced by Seal Press. According to Centennial city leaders, the city is honored to have achieved the title of “Colorado’s safest city” for the seventh year in a row, and they credit the community’s strong commitment to safety for their ongoing success.

Felonies in Colorado carry severe penalties, including possible prison terms. If you or someone you love has been charged with a felony, call the knowledgeable Colorado felony defense attorneys at The Bussey Law Firm, P.C. We’re dedicated to fighting for the best possible outcome in each case we handle. Call us today at (719) 475-2555 for a free and confidential consultation.

Repeat DUI Convictions Mean Stiffer Penalties

Mon, 26 Dec 2011 08:47:26 -0700

A conviction for driving under the influence of alcohol (DUI) in Colorado carries stiff penalties, including jail, fines, and mandatory alcohol and drug treatment. When a driver receives a second DUI conviction, many of the penalties are similar to those for a first DUI - only heavier. Penalties for a second DUI offense in Colorado include:

Jail. Ten consecutive days of jail time are required, and during this time, a person convicted of a second DUI cannot earn or use time off for good behavior. A judge may, however, sentence a person to alternatives like home detention or day reporting even during the required 10-day period. A jail sentence can last up to a year.
Fines. $600 is the minimum fine for a second or later DUI, but the amount can climb as high as $1500. This amount does not include costs for treatment programs, attorney’s bills, restitution, court costs, or other expenses.
Probation. Two years is the minimum for a person who has been convicted of a second DUI, but a probation sentence can last up to five years total.

These aren’t the only penalties a person who is given a conviction for a second DUI, but they are some of the heaviest. If you or someone you care about is facing a drunk driving charge in Colorado, the experienced DUI defense attorneys in Colorado Springs at The Bussey Law Firm, P.C. can help. To discuss your case with us, call us today at (719) 475-2555. The call is free, and we will never share your personal information with anyone.

Colorado's Texting While Driving Ban Not So Easy to Enforce

Wed, 21 Dec 2011 08:18:39 -0700

Two years ago, Colorado passed a law making it a crime to type out text messages on one's phone while driving. The law was intended to cut down on distracted driving, which in turn was meant to decrease the rate of car accidents in Colorado. However, the texting while driving ban is turning out to be more difficult to enforce than anticipated, according to a recent column in the Coloradoan.

The law prohibits texting while driving, but it doesn't prohibit adults from using their phones to look up contact information or dialing a phone number they want to call. Since all these activities can look very similar to texting, it can be difficult for police officers to be sure whether a driver using his cell phone is doing so illegally. Even though texting while driving is a primary offense – which means drivers can be stopped on suspicion of texting whether or not they are also doing something else that causes suspicion – few police officers actually make texting-related stops. Colorado police also note that drivers who see a police car often put their phones down, even if they are not pulled over by the officer.

If you've been charged with any crime in Colorado, you have certain legal rights, no matter how “trivial” some may think the charge is. If you or someone you love has been charged with a crime, the experienced traffic violation lawyers in Colorado at The Bussey Law Firm, P.C. can help. For more information, call us today at (719) 475-2555. The call is free and confidential.

DUI Convictions Can Mean Stiff Penalties for Commercial Drivers

Mon, 19 Dec 2011 08:14:59 -0700

Commercial drivers drive for a living. They spend their time behind the wheels of tractor-trailers, buses, and other large vehicles that transport goods and services. Because these drivers spend so much time on the road, the U.S. Federal Motor Carrier Safety Administration (FMCSA) makes and enforces several rules for commercial drivers. Many of these rules relate to alcohol use.

For drivers of personal vehicles, the legal limit for driving under the influence of alcohol (DUI) is a blood alcohol concentration (BAC) of 0.08 percent. Commercial drivers, however, are held to a much stricter standard: their BAC cannot be above 0.04 percent if they are driving a commercial vehicle. They are also prohibited from drinking at all while they are on duty.

The CO DUI penalties for being charged with or convicted of a DUI when a driver relies on his or her commercial driver's license (CDL) to earn a living are severe. A driver facing a DUI charge or conviction may face hefty fines or jail time. The FMCSA requires employers to suspend drivers who have a BAC greater than 0.04 percent, preventing them from driving or doing any other safety-related work, like vehicle repairs. Drivers may also be barred from working and fined if they refuse to take a chemical test for alcohol or other drug use.

Perhaps worst of all, the driver's CDL may be suspended or revoked if he or she is convicted. The financial costs of a DUI for a commercial driver are steep, and the picture is bleak if the driver loses the very thing that helps him earn a living.

At The Bussey Law Firm, P.C., our experienced Colorado commercial driver DUI defense attorneys understand how much is at stake when you're charged with drunk driving. That's why we fight to protect the rights of each client and to seek the best possible outcome in his or her case. Call us today at (719) 475-2555 for a free and confidential consultation.

Increased Halloween Patrols Resulted in Increased DUI Arrests

Thu, 15 Dec 2011 08:11:55 -0700

A total of 447 people were arrested on suspicion of driving under the influence of alcohol or drugs (DUI) over the Halloween holiday in 2011, making the Halloween weekend one of the biggest “crackdowns” seen statewide in Colorado this year. A total of 95 separate law enforcement agencies were involved in the increased patrols over this popular fall holiday.

The statewide patrols, part of the state's Halloween Heat is On crackdown program, increased their vigilance this year because Halloween is traditionally the most dangerous holiday for driving in Colorado, according to the state highway patrol. This year's Halloween saw 10 fatal accidents on Colorado roads, a decrease of almost two-thirds since 2009. Police did not, however, say whether any of the drivers arrested on suspicion of DUI were involved in any of the accidents that occurred over the holiday weekend.

Arrests on suspicion of DUI were made by a combination of moving patrols and officers at sobriety checkpoints. Denver saw 58 arrests over the holiday, the highest of any Colorado city.

In the wake of the crackdown, which police units are generally lauding as successful, the Colorado Springs police force announced that it will no longer partner with the state police to run sobriety checkpoints. The department did not explain this change in policy, and has not said whether it will continue to run its own sobriety checkpoints in the city.

Holidays mean time to relax and party with friends and loved ones, but they also mean increased police patrols and a greater risk of being arrested. If you're facing DUI charges, please don't hesitate to contact the experienced Colorado Springs DUI defense lawyers at The Bussey Law Firm, P.C. We know how to build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. For a confidential consultation, call us today at (719) 475-2555.