Colorado Springs Criminal Law Blog

By Some Measures, Colorado in the Top Five “Cyber Crime” States

Thu, 17 May 2012 08:16:48 -0700

Per person, Colorado was in the top five states with the most complaints of Internet-related scams last year, according to a recent article in The Sacramento Bee. In terms of total number of complaints or total dollar amounts lost due to Internet scams, however, Colorado ranked much lower than California, Alaska, and several other states.

According to data from the Internet Crime Complaint Center, the most common complaints of Internet scams in the past year included romance-related pleas for money, work-at-home arrangements in which “workers” were convinced to pay for equipment or other start-up assets they never received, and cases in which someone on the Internet impersonated an FBI (Federal Bureau of Investigation) agent or other law enforcement officer.

Over 314,000 complaints were filed last year, and the average amount claimed as a loss was $4,187. Nationwide, losses topped $483 million. California saw the largest number of claims and also the largest amounts lost - about $70 million in that state alone. Investigators believe these types of crimes are under-reported, as well, and that nationwide the problem is bigger than the numbers indicate.

Cyber crime charges are just as serious as charges of any other type of felony or misdemeanor, and a conviction can be just as devastating. If you’re facing computer-related crime charges, please don’t hesitate to contact the knowledgeable criminal defense lawyers in Colorado at The Bussey Law Firm, P.C. We can help you build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. Call us at (719) 475-2555 for a free and confidential consultation.

IRS Cracks Down on Tax Refund Fraud

Tue, 15 May 2012 17:06:04 -0700

The filing of fraudulent tax returns using another person’s Social Security number has increased in recent years. Now, the U.S. Internal Revenue Service (IRS) is looking for ways to cut down on this new form of identity theft and protect those who try to file their taxes properly under their own Social Security numbers.

According to the IRS, tax refund fraud often follows a pattern: a tax return is filed using someone’s name and Social Security number along with fake tax information that shows the person is entitled to a refund. The IRS sends the refund to the address or bank account listed on the form. When the actual owner of the Social Security number files his or her genuine tax returns, the IRS’s systems show that a tax return has already been filed and a refund paid under that Social Security number.

Sorting out whose tax return is the genuine one and who owes money to whom can take months or even years. In some cases, the person who genuinely owns the Social Security number might even be suspected temporarily of being the fraudster.

The IRS says it isn’t sure how big the actual tax refund fraud problem is. This year, it is connecting people who may have been affected by fraud with a counselor at the IRS, who helps them work through the paperwork and establish their identities. The agency also says that it has blocked more than 229,000 returns it finds suspicious.

Being charged with any federal crime can have serious consequences, and tax-related crimes are no exception. If you’re facing charges for identity theft or another felony, an experienced Colorado Springs felony defense attorney at The Bussey Law Firm, P.C. can help. For a free, confidential consultation, call us today at (719) 475-2555.

Colorado Crime Rates Continue to Decrease

Wed, 09 May 2012 09:29:28 -0700

The rates of all types of crime in Colorado have been going down every year for several years, and they continue to do so, according to the 2008-2010 Crime and Justice in Colorado report.

In 2003, crime rates in Colorado hit a twenty-year low, according to the report. The rate dipped again in 2005, and it fell an additional 6 percent between 2008 and 2009. The rate of violent crimes dropped as part of the falling overall crime rate, a pattern that has been copied in most states throughout the U.S. The report notes that homicides, or crimes involving the killing of a person in some way, have stayed steady at 150 to 200 incidents in Colorado each year.

In 2009, 186,030 arrests of adults were made in Colorado for a variety of suspected crimes. An additional 39,876 juveniles faced arrest in 2009. Both of those numbers represented a decrease from 2008, in which 190,499 adult Coloradoans and 46,395 juveniles in Colorado faced arrest.

An arrest or charge for any crime does not mean the person arrested or charged is guilty. It does mean that the arrested or charged person needs the help of an experienced Colorado Springs criminal defense lawyer. At The Bussey Law Firm, P.C., we strive to build a strong case for each client, one that protects your legal rights and fights for the best possible outcome in your case. Call us today at (719) 475-2555 for a free, confidential consultation.

Summer Holidays Often Mean Increased Drunk Driving Enforcement

Mon, 07 May 2012 15:21:41 -0700

Cinco de Mayo and the Kentucky Derby fell on the same day this year. Since both events are often celebrated with alcohol use, law enforcement agencies in Colorado and other states stepped up their enforcement of laws that prohibit driving under the influence of alcohol (DUI).

Law enforcement agencies are also planning to increase enforcement during other summer holiday events, like Memorial Day, the Fourth of July, and Labor Day. Some increased enforcement methods that all drivers should know about include:

Sobriety checkpoints. CO sobriety checkpoints are stationary points on roadways at which law enforcement officers stop random drivers to check for alcohol use or other types of suspected criminal activity. Sobriety checkpoints may be announced ahead of time.
Roving patrols. Some law enforcement officers also increase the number of regular, moving patrols on the roads during summer weekends and holidays. These patrols are also looking for signs of impaired driving, as well as other indicators that may lead to a suspicion of criminal activity.
Increased awareness campaigns. Unlike sobriety checkpoints and roving patrols, increased ads, commercials, and information about the dangers of drunk driving won’t arrest anyone. However, it’s wise to use this information as a reminder that the best way to decrease your chances of being arrested on suspicion of DUI is to avoid getting behind the wheel if you’ve had a drink - whether you were partying or not.

Drunk-driving-related charges can come with serious consequences, which become more severe if the person is later convicted of DUI. If you’re facing DUI charges, the experienced Colorado DUI defense attorneys at The Bussey Law Firm, P.C. can help. For a free, confidential consultation, call us today at (719) 475-2555.

Colorado Drug Sentencing Bill Amended to Call for Study

Mon, 07 May 2012 09:39:41 -0700

A bill introduced in the Colorado Senate to reduce penalties for some drug-related charges has been amended to call first for a study of Colorado’s sentencing penalties for drug-related convictions, including the actual sentences being carried out by Coloradans convicted of a Colorado drug-related felony, according to a recent article in the Aurora Sentinel.

The original bill sought to reduce the severity of some drug-related possession charges from a felony to a misdemeanor if the person was only convicted of having enough of certain drugs for personal use. The bill’s sponsor argued that the bill would reduce the number of people in state prisons and encourage the use of penalties, like probation and drug treatment programs, to help people manage drug addictions.

Opposition from several different voices, however, has led the bill’s sponsor to amend his original bill. Now, the bill asks for a study of drug convictions in Colorado to determine the best way to go about changing the penalties for various drug-related convictions. The change came in response to criticism from county prosecutors that the original bill would undermine the work of drug courts and put additional pressure on overcrowded county jail programs.

Drug crimes in Colorado carry serious penalties if a person is convicted. Jail or prison time, heavy fines, community service, and other consequences may be involved. If you’re facing a Colorado drug charge, please don’t hesitate to call the experienced Colorado drug charge defense attorneys at The Bussey Law Firm, P.C. We can help you build a strong defense that fights for the best possible outcome in your case and protects your legal rights. Call us today at (719) 475-2555 for a free and confidential consultation.

Colorado Man May Be Exonerated by DNA Testing

Thu, 03 May 2012 09:31:24 -0700

A Colorado man who has been imprisoned since 1996 after conviction for a Colorado rape and murder may soon be exonerated since DNA testing has shown that he was not the one involved in the original crime, according to a recent article in the Chicago Tribune. The 51-year-old man is currently serving a life sentence for a crime the evidence now indicates he did not commit.

The man was originally convicted in a case involving the death of a 19-year-old Palisado, Colorado woman, who was found in her bathtub. Evidence collected at the time indicated that she had been sexually assaulted and strangled. The evidence included DNA samples, but these were not analyzed at the time; instead, arguments at trial focused on whether or not a blood stain on the defendant’s shirt belonged to the victim. The man convicted was given a sentence of life without parole, which he has been serving for the past 16 years.

The DNA test was performed through Colorado Justice Review Project, which provides DNA testing paid for by a $1.2 million grant provided by the federal government. Both defense attorneys and prosecutors have applauded the project.

The proper collection, analysis, and handling of evidence is crucial to any Colorado felony case. At The Bussey Law Firm, P.C., our skilled criminal defense lawyers in Colorado Springs will examine the evidence in your case closely and build an aggressive defense that protects your rights while also fighting for the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

U.S. Supreme Court Considers Constitutionality of Stolen Valor Act

Thu, 26 Apr 2012 09:40:15 -0700

The Stolen Valor Act makes it a crime to pretend to have earned armed forces service honors that one has not earned, such as claiming to have a Purple Heart or other medal when one does not. The U.S. Supreme Court will soon hear arguments in a case that challenges the Stolen Valor Act on the grounds that it violates the First Amendment of the Constitution - the amendment that protects the right to free speech.

The Act, which became law in 2006, makes it a federal misdemeanor to lie about having earned war honors. The maximum penalty includes up to one year of imprisonment and a fine. About 60 people have been prosecuted under the law since it was passed, but the U.S. Attorney’s Office says that it doesn’t consider the law a high priority when compared to other issues, like drug smuggling or terrorism.

Supporters of the Stolen Valor Act claim that allowing people to lie about their military honors cheapens those honors for those who actually received them. Opponents say that the freedom to speak includes the freedom to lie, and that the First Amendment precludes the power of government to act as a kind of “truth police.”

Constitutional rights exist to ensure that the basic rules of a fair trial are respected. When these rights are ignored, serious problems with criminal trials can result. At The Bussey Law Firm, P.C., our experienced criminal defense lawyers in Colorado fight to protect the constitutional rights of every client, as well as to seek the best possible outcome in each client’s case. For a free, confidential telephone consultation, call us today at (719) 475-2555.

Colorado Passes Law Limiting Adult Charges for Juveniles

Tue, 24 Apr 2012 15:31:34 -0700

Over arguments about whether or not to change Colorado’s system allowing prosecutors to charge many people under 18 as adults, the state’s governor recently signed into law a bill that limits the use of “direct filing” to the most serious crimes, according to a recent article in the JD Journal. The law restricts the power of prosecutors to charge juveniles as adults who are suspected of criminal behavior.

Before the new law went into effect, Colorado prosecutors had broad discretion whether or not to charge many young people as adults. Under the “direct filing” system, a person as young as 14 could be tried as an adult, even for a low-level or mid-level felony. Although many prosecutors restricted their power to try juveniles as adults to older teens and the most serious charges, advocates of the change say that the presence of the power made it more likely to be abused.

The new bill raises the minimum age for being tried as an adult from 14 to 16 years old. It also restricts use of adult charges to the most serious classes of Colorado felonies.

Charges for juvenile crimes may differ from charges for adult crimes, and the penalties a charged person faces if convicted are also quite different. If your child is facing a juvenile charge, please don’t hesitate to call a knowledgeable Colorado Springs juvenile defense attorney at The Bussey Law Firm, P.C. We have experience handling the unique aspects of the juvenile system and will fight for the best possible outcome for young people facing charges. For a free and confidential consultation, call us today at (719) 475-2555.

County Jail Costs Can Be High Even for Minor Offenses

Wed, 18 Apr 2012 08:15:32 -0700

Colorado county jails are generally responsible for housing those convicted of misdemeanors and those awaiting charges or trials on a wide range of possible conduct. The costs of housing people in jails, however, can be quite high, according to a recent article in the Longmount Times-Call. When a person has multiple run-ins with law enforcement, these costs can add up.

The Times-Call article looked at the average costs of housing a person in the Boulder County Jail, which spends similar amounts to jails in other Colorado counties. Boulder County Jail officials estimate that each arrest costs between $250 and $1,000, depending on the complexity. These costs are separate from the costs of booking each arrested person brought to the jail, which runs about $30. If a single person is arrested and booked more than once, these costs apply each time an arrest or booking takes place.

Once a person is in jail, it costs about $67 a day to keep them there, as long as they are not suffering from a mental illness or another condition that needs treatment. If they do need treatment, the cost goes up to just over $90 a day, according to jail officials. Courts try to recover some of these costs from people if they are convicted, but not all can afford to pay.

The burden of a criminal charge or conviction doesn’t stop at a jail or prison sentence. Fines, restitution, court costs, probation requirements, and other penalties also affect a person’s ability to build a successful life. If you’re facing felony charges in Colorado, the knowledgeable Colorado Springs felony defense lawyers at The Bussey Law Firm, P.C. can help. Call us today at (719) 475-2555 for a free, confidential telephone consultation.

Colorado Bill to Decrease Some Drug Sentences Faces Opposition

Mon, 16 Apr 2012 15:06:48 -0700

A bill was recently introduced in the Colorado legislature to decrease some types of drug offenses from felony charges to misdemeanor Colorado crimes. The change would mean that merely possessing small amounts of some controlled substances for personal use would come with a smaller maximum jail sentence, according to a recent article in the Denver Post.

Supporters say the bill helps reduce the number of people currently housed in Colorado prisons and helps those convicted get treatment for drug addictions. Opponents of the bill, however, call it “a financial nightmare” for Colorado counties. Reducing certain felony charges to misdemeanors would mean that any imprisonment sentence would be carried out in a county jail, not a state prison, which means more costs for counties.

Opponents have other objections to the bill as well. For instance, some opponents note that reducing drug crime penalties makes it look like the legislature doesn’t take drug use “seriously” enough. Some county prosecutors have pointed out that changing the drug use laws would disrupt the functioning of drug courts, which already focus on rehabilitation and which have shown some success in Denver and other counties.

Being convicted of any drug-related offense carries serious penalties. If you’re facing a drug charge in Colorado, please don’t hesitate to call the experienced Colorado drug charge defense attorneys at The Bussey Law Firm, P.C. We strive to build a complete and aggressive defense for each person we represent, fighting to protect your legal rights and secure the best possible outcome in your case. Call us today at (719) 475-2555 for a free and confidential consultation.

Timothy Bussey Selected for Inclusion in 2012 Colorado Super Lawyers

Fri, 13 Apr 2012 13:00:35 -0700

Colorado Springs criminal defense attorney Timothy R. Bussey of The Bussey Law Firm, P.C. has been selected for inclusion in 2012 Colorado Super Lawyers®, an honor given to only five percent of lawyers from each of the 50 states and Washington, D.C. Every year, Super Lawyers selects the most highly recognized and accomplished attorneys, which honors their work and includes them in a list that can be used as a comprehensive list for lawyers and those in search of legal representation.

Super Lawyers honors attorneys from more than 70 practice areas, with candidates nominated by their peers and then researched by the organization and whittled down through an extensive process. Candidates must have made a significant impact in their practice areas, met ethical standards, received high recognition from peers, and achieved a high level of success. Criteria evaluated for selection include:

Honors and awards;
Verdicts and settlements;
Education;
Special licensing and certification;
Education and former employment;
Position within a law firm;
Pro bono and charity work; and
Scholarly writings and lectures.

Since he began living and practicing law in Colorado in 1992 as a Judge Advocate with the U.S. Air Force, Timothy Bussey has been dedicated to achieving a high level of success in the courtroom. Beginning in 1997, Mr. Bussey has focused solely on defending the rights of those facing criminal charges in Colorado with The Bussey Law Firm, P.C.

Facing criminal charges in Colorado can be a frightening time and can result in serious penalties. If you or a loved one is facing criminal charges, a Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C. can defend your rights and build a strong defense on your behalf. For more information on how we can help you in your case, call (719) 475-2555.

“4/20” Marijuana Use Crackdown Planned at University of Colorado, Boulder

Thu, 12 Apr 2012 09:02:36 -0700

Law enforcement officers at the University of Colorado, Boulder are preparing to hand out $100 fines and possibly place students in a position for further penalties if they are caught using marijuana illegally during the informal “4/20 smokeout” celebration planned on April 20, 2012. Students may be arrested and will have their names included in the campus police’s daily online crime log.

Students are planning to celebrate the day by hosting a free concert by musician Wyclef Jean. Using marijuana is not required to participate in the festivities; in fact, recreational use remains against the law in Colorado. Police say that their intentions to enforce Colorado’s marijuana laws are intended to protect the reputation of the university as well as the safety of the campus and surrounding communities. Police also plan to strictly enforce the university’s parking rules, since many visitors are expected to show up for the event.

Colorado has found itself on the front lines of the national marijuana-use debate in recent years. The state has legalized medical marijuana use, and a Colorado ballot proposal will appear this fall that would decriminalize all personal uses of the drug and allow the state to regulate it as it does alcohol, cigarettes, and other legal substances. Until that time, however, those who use marijuana recreationally may face serious consequences.

Drug charges in Colorado can come with serious penalties if a person is convicted. If you’re facing a Colorado drug charge, please don’t hesitate to contact the experienced drug charge defense lawyers in Colorado Springs at The Bussey Law Firm, P.C. We will fight to build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. Call us today at (719) 475-2555 for a free, confidential case evaluation.

Colorado Legislature Tables “Fetal Homicide” Bill

Tue, 10 Apr 2012 16:59:12 -0700

A bill that would make “fetal homicide” a felony criminal act has been put on hold in the Colorado legislature, after concerns were raised that the bill’s language was too vague and therefore Colorado citizens could not be sure if they were violating it or not, according to a recent article in The Republic.

The bill creates a separate criminal charge known as “fetal homicide,” which involves the killing of an unborn child, whether or not the woman carrying the fetus also suffers death. The Colorado state House approved one version of the bill in late 2011, but the state’s Senate has not yet voted on its own version. Rather, the bill is being held by the Senate Judiciary Committee until concerns are resolved.

Opponents are concerned that the bill would prohibit currently legal methods of medical abortion, or would confuse the law so that doctors would not know whether or not the medical treatments they provided to pregnant patients were legal. Opponents also point out that Colorado law already allows for enhanced sentencing for those convicted of harming a person who is pregnant. The bill’s supporters, however, believe that concerns over vague wording are unfounded.

At The Bussey Law Firm, P.C., our experienced Colorado felony defense attorneys are dedicated to fighting on behalf of those charged with serious crimes in Colorado. If you are facing felony charges, don’t wait: call us immediately for a free and confidential consultation. Our number is (719) 475-2555.

Trained Dogs, Forensic Analysis Used to Investigate Elk Poachers

Thu, 05 Apr 2012 08:50:42 -0700

Poaching, or hunting certain animals without a legal license to do so, happens in Colorado and other states. Here, elk often face injury or death from poachers. To stop poachers from threatening the health of Colorado elk herds, the Department of Wildlife has started employing investigation tactics like those you might see on a TV crime drama. Gun-sniffing dogs, blood splatter analysis, and other sophisticated forensic science tools have all been brought out to investigate potential poaching situations.

One Nevada Department of Wildlife game warden warned poachers that DNA analysis would soon be used to investigate suspicious deaths of wildlife just as it is currently used in suspicious deaths of humans. Wildlife biologists may be able to pinpoint DNA markers in a killed animal to prove that it came from one certain hunting ground. If the hunter doesn’t have a license for that area, he or she may face criminal charges. Other evidence, such as bullet markings, blood splatter, witness testimony, and other facts may be used to round out these cases.

As in any criminal case, an accused poacher’s best defense is the help of an experienced Colorado criminal defense lawyer. The consequences of a poaching conviction can be severe. At The Bussey Law Firm, P.C., our well-trained criminal defense lawyers in Colorado strive to provide the best possible representation to each of our clients. We’re dedicated to building each client an aggressive defense that fights for the best outcome in each case. For a free consultation, call us today at (719) 475-2555.

Alcohol Addiction Treatment Can Prevent Future Run-Ins with Colorado DUI Laws

Tue, 03 Apr 2012 12:37:48 -0700

Driving under the influence of alcohol (DUI) can result in serious car accidents. It can also result in a run-in with Colorado’s DUI laws, which make drinking and driving illegal in most situations and which come with serious penalties for an arrest, charge, and/or conviction. Many people see one brush with the law as a wake-up call: they need to do something about their relationship with alcohol before even more serious consequences - such as their own death or the death of someone else - result.

Alcohol addiction treatment can be very effective in protecting the lives and health both of those who drink and of others on the road, according to the National Council on Alcoholism and Drug Dependence (NCADD). It can also help a driver avoid being pulled over, arrested for, charged with, or convicted of DUI, and thus avoid the potential Colorado DUI penalties, such as jail time, heavy fines, and other personal and professional costs related to a DUI arrest or conviction.

According to NCADD, two in three DUI convictions are given to people who have already been convicted of at least one drunk-driving-related offense. Often, people who face DUI charges have already suffered injury due to their drinking - either a drinking-related medical condition, such as liver cirrhosis, or a non-car-related accident, like a fall. The NCADD notes that with alcohol addiction treatment, a person’s risk of facing a DUI or a second DUI is cut in half or even lower. Getting into treatment and sticking with it can be the first step toward a life free of future DUI convictions.

At The Bussey Law Firm, P.C., our dedicated Colorado Springs DUI defense attorneys can help you with every stage of a DUI, from overturning a license suspension to fighting for the best possible outcome in court. Call us today at (719) 475-2555 for a free, confidential consultation.