Colorado Springs Criminal Law Blog

James Newby, experienced criminal defense attorney is here to provide you with helpful information about criminal law in the Colorado Springs and surrounding Colorado areas.

Every year, more Coloradans die from accidental drug overdoses than they do from traffic accidents, and every this public health crisis continues to get worse. According to the Colorado Health Institute, the state’s rate of drug overdose deaths climbed 68 percent between 2002 and 2014 and is significantly higher than the national average. Over 900 Coloradans died from overdoses in 2014 alone.

These deaths are caused by “street” drugs such as heroin, cocaine, and methamphetamine as well as by prescription drugs, primarily opioid painkillers such as Oxycontin.

When people do overdose, they often can be saved with immediate medical attention. Statistics show that most ODs happen in the presence of other people who could theoretically call 911 or take the individual to an emergency room to get the help that could save their life. However, individuals who are overdosing and the folks around them often don’t seek medical help because they are afraid they will get charged with a Colorado drug crime if they do so.

Domestic violence is already a serious criminal offense in Colorado.  But a 2016 law makes it clear that “habitual offenders” who engage in repeated acts of violence against spouses, intimate partners, and children will now face consequences much greater than they may have in the past. 

If you walk out the door of a store, business, or other retail establishment in Colorado with goods you haven’t paid for, you could find yourself walking straight to jail. Shoplifting is theft, and theft crimes come with serious penalties, especially if what you stole is worth a lot of money or if it isn’t your first shoplifting offense. Beyond jail time, hefty fines, and restitution, a conviction for shoplifting or any other theft crime can haunt you for years to come, reducing employment opportunities and casting doubt on your honesty and trustworthiness.

Even the most accurate scientific instruments can produce inaccurate results if they are used incorrectly, are improperly maintained, or are damaged. The breathalyzers and other breath-testing devices used by Colorado law enforcement to determine the blood alcohol content (BAC) of drivers suspected of driving under the influence of alcohol are no different. While the results of breathalyzer tests can be the key to a drunk driving conviction, proving that those results were flawed and unreliable can be the key to an acquittal or dismissal of the charges.

If you are in a relationship for any period of time, you will get in an argument with your significant other. Hurtful words may be exchanged, and things can get heated. Most of the time, things do not escalate too much, you and your partner will make up, and life will go on. Sometimes, however, all those emotions can lead to police pulling up in your driveway and you winding up in the back of a squad car, arrested and charged with domestic violence. The events that led to your arrest may seem like they happened in the blink of an eye, without the police or anyone else listening to what you have to say about what happened. 

In shock, maybe angry, and worried about what may happen next, especially if you have been falsely accused – a not uncommon occurrence. You need to make some important choices very quickly in order to keep a difficult situation from getting worse. The law is very specific and clear about the process and procedures leaving little discretion for law enforcement even if the case against you appears to be weak. For example, when a person in Colorado Springs is arrested or charged with domestic violence, that person must remain in jail until they appear before a judge. 

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