DENVER CRIMINAL DEFENSE - SHOPLIFTER ESCAPES IN STOLEN CAR

 

A person concealing any unpaid merchandise from a retail store is shoplifting. Shoplifting is the most common form of theft and anyone can do it.  But, facing criminal charges for shoplifting can be a life changing event and a conviction may result in immigration and deportation issues. 

Especially during the holidays the temptation to meet the needs of our children and families may cause a person to do something completely out of character.  Here are a few examples courtesy of Your Hub.  

Denver Police were recently called to the Family Dollar. An alleged shoplifter loaded a basket full of goodies and proceeded to walk out of the business without paying.  Not only did the man shoplift he was also in possession of a stolen car.

 A Parker police office responded to Kohl's where employees had caught a shoplifter.  The man had attempted to take watches, bracelets and other gold jewelry two nights in a row.  He was stopped at an entrance.  He admitted to stealing the items, saying he was doing so to resell them and gain some extra money for a trip to Peru with his girlfriend.   

A Wii bit of shoplifting.  Police responded to a report of a shoplift at Walmart.   A 31 year old man was seen taking several Nintendo Wii video games and placing them into a comforter bag.  When asked why, he replied "I was just thinking about the holidays."  

Shoplifting rarely makes sense.  People shoplift for many reasons.  Being caught for shoplifting is embarrassing and humiliating.  Retailers don't care and are eager to prosecute.

A shoplifter charged in Denver or our metro area jurisdictions may be looking at jail time, paying fines and restitution depending on the monetary value of the items taken.  A criminal history or lack of a criminal history is often the deciding factor for effective resolution of a municipal ordinance violation, county or district court conviction.   

The best possible resolution would be to seek to have the charges dismissed or negotiate for a deferred judgment and sentence or Diversion program.  

If you have been charged with shoplifting or have questions about the laws on shoplifting, call my criminal defense law office.  We can help.  Attorney Philip M. Smith, 303-333-8900 for a FREE consultation. 

Posted for Philip M. Smith, Denver Criminal Defense Attorney

DENVER CRIMINAL DEFENSE - THE TEMPTATION OF SHOPLIFTING DURING THE HOLIDAYS

The temptation to shoplift or take something without paying for it can be overpowering and exhilarating at this time of year in Denver.  The merchandise is beautiful, the crowds are plentiful, the needs extraordinary.

Shoplifters come in all shapes, sizes, colors and economic backgrounds.   No one is exempt from desire. Plenty of research suggests that the need to shoplift is a product of depression.  Some feel the need to reward themselves because they "deserve it".   Others shoplift for the thrill.

The urgency to meet the needs of our children and ourselves may cause a person to do something out of character.  Stress of family life, loss of a loved one, or simply the inability to cope or manage personal lives cause people to take that cashmere sweater from Nordstrom or a video game they cannot afford from Best Buy.  

But, shoplifting is a crime, a serious crime, resulting in hefty fines and restitution and possible jail or prison time.  Manufacturing anti theft devices or deactivating one is also a crime.   How many times have we walked out of a store and the alarm goes off.  For most of us, it is a mechanical error.  For others, it is merchandise that is in a pocket or purse, not a shopping bag. 

Your criminal history or lack of a criminal history is often the deciding factor for effective resolution of a municipal ordinance violation, county or district court conviction.   It is always possible to try to get the charges dismissed or obtain a Deferred Judgment or enter into a Diversion program.  Upon successful competition of a deferred judgment or the Diversion program, your criminal case is eligible for Sealing.     

In Denver Colorado a Shoplifting conviction is not eligible for Sealing.  It is important to fully explore the facts and law before taking a guilty plea.  Shoplifting is frequently a municipal ordinance violation with a maximum of 1 year in jail and a $1000 fine. However, Shoplifting charges occur in county or district courts. County court has jurisdiction up to but less than $1000.  District courts have jurisdiction over $1000 amounts for Shoplifting.   The dollar amount of the theft determines the level of the sentence.

If you need a criminal defense lawyer for your Colorado Shoplifting criminal charge, or if you have questions about criminal charges, I encourage you to contact me at my Denver, Colorado law office, Philip M. Smith, 303-333-8900  today for a free and confidential initial consultation.

DENVER CRIMINAL DEFENSE - COLORADO'S AMENDMENT 64 - MARIJUANA NOT LEGAL YET

On November 6, 2012 Colorado voted to pass Amendment 64, the Regulate Marijuana Like Alcohol Act.  Coloradoans voted to allow all adults 21 and over to possess and grow marijuana plants.   But, it is not law yet. 

Lawmakers will have one legislative session before Governor Hickenlooper signs it into law.  Federal law considers marijuana illegal and a Schedule I drug.   Schedule I drugs are controlled substances having a high potential for abuse, are not medically safe or used for medical treatment. Heroin, LSD, Marijuana and Ecstasy are all Schedule I drugs.

An excerpt of the text of Amendment 64 reads:

3) Personal use of marijuana.  Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for person 21 years or older:

a)     Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.

b)     Possessing, growing , procession, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.

c)     Transfer of one ounce or less or marijuana without remuneration to a person who is twenty one years of age or older.

d)    Consumption of marijuana provided that nothing in the section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.

e)  Assisting another person who is twenty one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.

Currently in Colorado the Marijuana laws and penalties are:                                                         

Possession of 2 ounces or less of marijuana is a Class 2 Petty Offense carrying a fine of not less than $100.

If a person openly displays or consumes 2 ounces or less of marijuana commits a Class 2 Petty offense carrying a fine of $100 and a jail sentence of 15 days in the county jail.

Possession, public display or use of more than two ounces and less than six ounces of marijuana or any amount or marijuana concentrate is a Class 2 misdemeanor.

Possession of more than 6 ounces of marijuana and less than 12 ounces or three ounces or less of concentrate is a Class 1 Misdemeanor.

Possession of more than twelve ounces of marijuana or more than three ounces of marijuana concentrate is a Class 6 Felony.

Colorado marijuana laws will remain in affect until the mid January 2013 or until the Governor signs it into law.  Until that time law enforcement will stay vigilante and current laws will be in place. 

Provided by Philip M. Smith, Denver CO Criminal Defense Attorney

DENVER CRIMINAL DEFENSE - DENVER WOMAN ASSAULTS BOYFRIEND

As we think of domestic violence assault we assume it is the woman that is the victim.  That isn't always the case.  Men are often victims and are often reluctant to admit to their physical and psychological abuse.  

Recently a 35 year old Denver woman assaulted her boyfriend during an argument.  She hit him so hard that she knocked his tooth out.  She will be charged with domestic violence with assault and battery, which is in this case a municipal violation in Aurora Colorado. 

No word if they were driving under the influence but the incident occurred in the wee hours of the morning.  Momma always said nothing good happens after 11 o'clock at night.

Any act, whether violent or not, can be charged as “domestic violence.”  In Colorado, domestic violence is a label that can be put on almost any crime. Domestic Violence charges can be very serious.  A criminal conviction is lifelong.  A domestic violence criminal conviction can never be Sealed and will stay on a criminal record forever. 

If the police are called, someone is going to jail.  The police are required by law to make an arrest if there is probable cause.  Peace officers are always going to make an arrest when one of the domestic intimate partners is claiming an offense.  

In Colorado, “probable cause” can be just about anything.  If the act, or threatened act, is done to coerce, control, intimidate, punish, or take revenge on an intimate partner or former intimate partner it is considered Domestic Violence.  This includes offenses against any person, property, or animals.  

In the situation of the woman mentioned, it may seem like an open and shut case but she is still entitled to a defense.  She needs an experienced criminal defense lawyer that understands the complexities of domestic violence law.  Things to consider in her defense:

• What evidence is there that my client committed an offense?  
• Obviously the tooth is missing but did he hit the steering wheel or did he have poor dental hygiene and it fell out?
• Did the incident occur the way the alleged victim states?  
• Requires a thorough investigation.  Is the victim trying to harass the accused?
• Was there probable cause for an arrest?  
• Was there an accident or reason for police involvement.
• Were there any witnesses?  
• Who called the police.

Once arrested on a domestic violence criminal charge, the defendant is not allowed to post bond until going before a judge.  Bond amounts can be set at unreasonably high amounts.  Many prosecutors will try to bully a defendant into pleading guilty at the first court date.  

Domestic violence, assault, battery or harassment affects everyone.  Victims come in all sizes, shapes and colors.  Married couples, boyfriends and girlfriends, gay and lesbian, young and old.   

Choose your mate wisely.  If you or someone you know is in trouble, get help.  Hopefully no one will need a law enforcement but if it comes to a criminal charge, the best lawyer is a criminal defense attorney that has handled hundreds of these types of criminal cases.  

Original story  Aurora Crime Blotter: Woman knocks out boyfriend’s tooth

Posted for Philip M. Smith, Denver Criminal Defense Attorney
Source:  philipsmithlaw.com 

DENVER CRIMINAL DEFENSE - DENVER INTERNATIONAL AIRPORT TRAFFIC TICKET HOTSPOTS TO AVOID DURING THE HOLIDAYS

Traffic tickets are high on the giving list for Denver traffic cops and Colorado State Police waiting on Pena Boulevard and Colorado Tollway E470.  Speed traps and construction zone traffic tickets are avoidable if you know where to look especially inside the Denver International Airport compound, especially during the holidays.  

Denver’s airport is the 10^th busiest airport in the world and the 5^th busiest in the United States.  Denver motorcycle or automobile traffic cops aggressively greet drivers with radar guns or a wave with a traffic ticket in hand.   There will be no shortage of revenue for Denver this season.  

 

Unexpected but notable speed limit reductions and speed traps in and around Denver International Airport:

·        Pena Boulevard  and E470 both directions

·        Off/On ramps both directions

·        Exiting DIA parking lots and re-entering Pena Boulevard  

·        West bound exiting the short term pay gates

·        Passenger pick up and drop off areas/ramps

·        Entering close in parking lots

·        Exits to the East and West terminals

·        Marked and unmarked construction zones

·        Unmanned construction zones

Speeds drop quickly from 65 to 25 mph on Pena Boulevard and inside the DIA compound.  Passenger drop off and pick up areas are aggressively patrolled with speed limits dropping to 25 mph or less.  Construction zones in this area are poorly marked and are often without crews or equipment on site.  Fines for construction zone speeding tickets are upwards to $300 or more. 

DIA provides the latest on construction around the airport, and watch the “Drive the Detour” video on  http://flydenver.com/construction?URI=tcm:8-47030.  

Some traffic tickets require a court appearance.  It may not be necessary to attend if a traffic lawyer represents you in the Denver traffic court.   

Philip M. Smith is a Denver criminal traffic attorney and represents residents and out of state travelers in traffic court.   If a driver is at risk of losing their license because of too many points, hiring a criminal defense attorney will get the best reduction in points and fines.    A traffic attorney can also provide representation at a DMV hearing. 

Posted for Philip M. Smith, www.philipsmithlaw.com 

Source:  www.flydenver.com    http://flydenver.com/map_area_routes

Colorado Elects New District Attorneys

The 18^th and 5^th Judicial Districts of Colorado have two new District Attorneys. 

George Brauchler was elected to the 18^th Judicial District.  He will head up judicial district in Colorado which includes Arapahoe, Douglas, Elbert and Lincoln counties.  

Brauchler inherits the high profile criminal case of The People of the State of Colorado v. James Holmes, 12M1522.   Brauchler will make the decision if the man accused of the Aurora theater shootings in July 2012 will face the death penalty.  

The 18^th has been plagued by controversy with heavy and harsh charging positions, high turnover with chief and deputy district attorneys and questionable internal policies under term limited Carol Chambers.  

"This is an office that needs significant changes in terms of leadership, vision and culture," Brauchler said. "I want it to be as positive and seamless as possible."  Brauchler, a Republican won over Democrat and Former Judge Ethan Feldman by a narrow victory.

Bruce Brown was elected to the 5^th Judicial District.   The 5^th Judicial District includes Summit, Eagle, Lake and Clear Creek counties.  

Brown also inherits a judicial district filled with controversy.  Kobe Bryant and Kathleen Denson were high profile cases, both ending without convictions under term limited Mark Hurlbert.  

“I hope that I'll be able to craft an office that reflects the values within our community.”  Brown said.  The DA elect wants to mentor younger and inexperienced lawyers while improving victim’s rights.  He will also be looking at softer penalties for young, first offenders.  

Brown, a Democrat won over Republican Scott Turner by 54 percent.      

Other elected district attorney’s are District 9, Sherry Calona (D), District 12, David Mahonee (D), and District 16, James Bullock (R).

Sourse:  www.denverpost.com 

DENVER INTERNATIONAL AIRPORT IS A SPEED TRAP TRAFFIC ZONE

Denver traffic cops and the Colorado State Police assert their dominance over the E470 and Pena Boulevard traffic ways all year long.   Speed traps and constructive traffic tickets are avoidable if you know where to look especially inside the Denver International Airport compound.

As we welcome Thanksgiving in Denver Colorado, travelers from all over the world will be flying in and out of DIA during one of the heaviest traveling weeks of the year.  Over one million passengers flew Denver’s beautiful blue skies the week of Thanksgiving 2011.  DIA officials announced Tuesday they expect slightly less this year.   

Denver’s airport is the 10^th busiest airport in the world and the 5^th busiest in the United States.  Denver motorcycle or automobile traffic cops aggressively greet drivers with radar guns or a wave of speeding ticket.   There will be no shortage of revenue for Denver this season.  

 

Unexpected but notable speed traps in and around Denver International Airports:

·          Pena Boulevard  and E470 both directions

·          Exiting Pena Boulevard to DIA-long off ramp

·          Exiting DIA parking lots and re-entering Pena Boulevard  

·          West bound exiting the short term pay gates

·          Passenger pick up and drop off areas/ramps

·          Entering close in parking lots

·          Exits to the East and West terminals

·          Marked and unmarked construction zones

·          Unmanned construction zones

Speeds drop from 65 to 25 mph in a blink of an eye on Pena Boulevard and the DIA terminal.  Passenger drop off and pick up areas are aggressively patrolled with speed limits dropping to 25 mph or less.  Construction zones in this area are poorly marked and often without crews or equipment on site.  Fines for construction zone speeding tickets are upwards to $300 and more. 

Some traffic tickets require a court appearance.  It may not be necessary to attend if a traffic lawyer represents you in the Denver traffic court. 

Have a Happy and Safe Thanksgiving.  

Philip M. Smith is a Denver traffic attorney and represents residents and out of state travelers in traffic court.  If a driver is at risk of losing their license because of too many points, hiring a criminal defense attorney will get the best reduction in points, fines, and can also provide representation at a DMV hearing. 

Posted for Philip M. Smith, www.philipsmithlaw.com

Source: www.flydenver.com