colorado lawyer who put someone else at defense table

Why Hire Our Southern Colorado criminal defense lawyers?

Colorado Springs DUI And Criminal Defense. This doesn't have to affect the rest of your life. There is a lot at stake when you've been charged with a crime. Whether it is a felony, misdemeanor or a DUI, it is something that will keep you up at night, worried about your job, your freedom and your future. While the process is never easy, there is ...

What do you need to know about Colorado criminal defense law?

May 18, 2020 · CRS 18-9-111 is the Colorado statute that defines criminal harassment as intentionally bothering, annoying, or alarming someone by way of repeated contact, obscene gestures, hitting, taunting, or following in public. A conviction can be a petty offense or a misdemeanor.. But harassing a person based on his or her race, religion or disability is a more …

Where is the southern Colorado criminal defense attorney office located?

Colorado restraining orders are court-issued demands that an alleged abuser or harasser avoid contact with the victim. The orders function to protect people from domestic violence assault or other threats.. Anyone fearing for their safety can seek restraining orders from the local court. The judge may then grant a temporary restraining order (TRO), good for 14 days.

Why call the law offices of Steven Rodemer?

Feb 12, 2019 · Like self-defense, another defense involving justified use of force or violence is the defense-of-others defense. This may be used where the defendant used violence to protect someone else – a spouse, a child, another family member, or even a stranger.

When you decide it's time to hire an attorney, do you know the importance of having a professional working to

When you decide it's time to hire an attorney, you know the importance of having a professional working to get the the best possible result in your case. In every type of case, there are proven methods that an experienced attorney will use in preparing your case and presenting them with the end result in mind.

Who is Josh McDowell?

As a former prosecutor and long-time defense lawyer, Josh McDowell knows the Court system, how to use the evidence to your advantage, and how to minimize the impact that a drunk driving charge has on your life.

What is the Colorado harassment law?

The Colorado harassment statute states that: This [law] is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.

What are the elements of a criminal case?

1 The second element is that the defendant takes one of the following seven actions: Strikes, shoves, kicks, or subjects the victim to physical contact. 2.

Is sexual harassment a criminal matter?

This is harassment between past or present spouses, lovers, or co-parents. Workplace sexual harassment is usually a civil rather than a criminal matter. But sometimes harassment involves unwanted sexual touching.

Is cyber bullying a crime in Colorado?

Also note that victims can also bring lawsuits against alleged harassers, especially if there is bodily injury or property damage. Cyber-bullying is a misdemeanor in Colorado under the harassment statute. 3.

What is a restraining order in Colorado?

Restraining orders in Colorado are court-issued demands that an alleged abuser avoid contact with the victim. The orders function to protect people from domestic violence assault or other threats. Anyone fearing for their safety can seek restraining orders from the local court.

How long is a temporary restraining order good for?

The judge may then grant a temporary restraining order (TRO), good for 14 days. And if the threat persists, the court may grant a permanent restraining order (PRO). PROs may last forever. In some criminal cases, courts automatically issue protective orders.

What are the defenses to criminal charges?

A defendant may argue that there are holes in the prosecution’s case, that evidence was gathered in violation of the defendant’s constitutional rights, that another individual committed the crime, that the defendant had a justifiable reason for committing the crime, that the defendant lacked the intent to commit the crime, or that that defendant had a mental incapacity which caused him or her to commit the crime.

What is the defense against duress?

This defense involves someone else threatening to use force or violence to get you to do something against your better judgment. Essentially, it means you were forced to commit a crime. Many Hollywood movies about organized crime families – The Godfather, Goodfellas, The Departed – all focus on the mafia using coercion to entangle people in their criminal activities, by threatening to harm them or their families. These types of situations provide a potential duress or coercion defense.

What is an affirmative defense?

3. Alibi. Certain types of defenses in criminal law , such as the alibi defense, are affirmative defenses. This means the defendant (you) must prove the defense, and in the case of an alibi, it means that the defendant must prove that he or she was somewhere other than the scene of the crime at the time of the crime.

What is mistake of law?

Mistake of Law / Mistake of Fact. Sometimes, a defendant may have been unaware of a fundamental element of a crime that the prosecution has charged him with. For example, if a defendant is charged with stealing a car, but believed his family member or friend wanted to give him the car, a mistake defense would exist.

What is a criminal defense?

A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The prosecution, often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you. The prosecution must prove ...

What is the burden of proof?

The prosecution must prove the crime beyond a reasonable doubt. This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt. This is called the “burden of proof,” and it is a heavy one.

What is the defense of innocence?

Innocence. One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt. To be innocent you do not have to prove anything.

1. Must not Be a Prohibited Person

If you are going to loan a firearm to a third party, the third party must not be a prohibited person. In other words, they cannot have a felony conviction, they cannot have a crime involving domestic violence, and they cannot have a protection order in place. It is your responsibility to make sure they are not a prohibited person.

2. Imminent Fear of Death or Serious Bodily Injury

The other prong to this exception is the third party has to be in imminent fear of death or serious bodily injury. For these purposes, “imminent” likely means an immediate or emergency situation.

Background Check Required

Colorado’s statute governing private firearms transfers contains several provisions relevant to this scenario. Generally, any private transfer of a firearm requires a background check, and the statute provides that transfers contrary to its provisions are:

Background Check NOT Required

The private transfer statute also states that a background check is not a requirement to transfer a firearm if the transfer is:

Temporary Transfers

Finally, the private transfer statute also provides that a person may temporarily transfer a firearm to another for a period not to exceed 72 hours. But in such a transfer, the transferor remains liable for damages resulting from the transferee’s subsequent unlawful use of the firearm.

The concepts of self-defense and defense of other are closely related

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Providing Weapons to Criminals, Non-Criminals, and Minors

Some states impose only relatively minor penalties on people who provide weapons to criminals. For example, in Kansas it is a class A nonperson misdemeanor to "knowingly sell, give, or otherwise transfer any firearm" to a convicted felon.

Getting Legal Help

Penalties for violating firearms laws can include serious fines and long prison terms. If you have specific questions or are facing firearms-related charges, contact an experienced criminal defense attorney.