In the 1970′s, the United States Supreme Court Justice Brennan and Justice Marshall noted that there was an evolving standard of dignity in our contemporary society.  They felt that the death penalty, in all instances, was unconstitutional as a cruel and unusual punishment.  It is unfortunate that we are still debating this issue 40 years later in a State as progressive as Colorado. It is especially unfortunate that the Governor alone is standing in the way of the will of the people by proactively blocking the bill when there is enough support from the people to move forward.

My hope is that Colorado will continue to move in the right direction despite the governor’s setback.  If you are concerned about the Governor’s actions, I hope that you will take the time to let him know that he should reconsider his stance on the death penalty so that no more people have to be murdered by the State.

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Ending the Death Penalty in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

The first case that was recently decided was Florida v. Harris.  In that case, the police had used a dog to search a car for drugs.  The cout then had to decide whether the accuracy of the dog can make the search unlawful.  For example, if the dog can be shown to be wrong every single time, can the dog’s bark be used to justify a search?  Well, the answer is yes.  Regardless of the accuracy of the dog, as long as the dog has gone through a certification program, the dog’s bark can always justify a search.  This unfortunate situation will probably result in dog training that motivates a dog to bark at anything so that the police can always be justified in searching the car.  Essentially, the Supreme Court has handed police officers a golden ticket to search any car at will.

The second case that was recently decided involved the use of a dog on a person’s front porch.  In that case, the Supreme Court held that a warrant is required before a police officer can use a dog to sniff a person’s front porch.  In other words, a police officer would be conducting an illegal search if they show up on your front door without a warrant and with a dog.  But you should keep in mind that police officer’s who show up with dogs tend to have enough evidence to believe that drugs are in the house to be able to get a warrant if they want one.

Also, police already tend to tell people that they will wait outside of the house until they have a warrant if the person does not consent to letting the police search the house.  This game usually results in the person allowing the police to search which obviously then results in a drug case.

It is important to remember that you have rights until you waive them.  If the police are telling you that they are going to get a warrant, then you should make them go get a warrant.  Do not waive your Constitutional rights.  At the very least, you will give yourself a fighting chance in court.

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Illegal Drug Searches using Dogs is a post from: Mountain Legal - Denver Colorado Criminal Defense

50 years ago, one of the most important Supreme Court decisions was released – Gideon. In that case, the court concluded that indigent individuals had the right to counsel in serious criminal cases. The ruling fundamentally changed the way criminal defense was done and created the public defender system. The intent was to make the process fair, and like most things on paper, it seemed fair at the time. But as time goes on, it seems that fairness has gone as well.

The problem with criminal defense today rests not with the ability to find an attorney, like it did at the time of Gideon, but with prosecutors who are willing to cross the line to get a conviction. This can include hiding exculpatory facts or letting uniformed police officers lie to juries in criminal trials. There is an interesting article on this topic in the New York Times called Gideon’s Muted Trumpet that discusses the mindset of a prosecutor.

In the U.S., there is a burden of proof that the prosecutor must meet. The burden is explained to juries like this: the defendant is presumed to be innocent and the prosecutor has the burden to prove that the defendant is guilty beyond a reasonable doubt. The problem with this burden is the way our Legislatures and local governments have empowered prosecutors to meet this burden. In reality, the burden is met like this: give the police every resource available and train them not to look for any facts that tend to prove the person’s innocence. Then, with virtually infinite guilt proving resources, make the police officer’s ability to advance in their jobs and the prosecutor’s ability to advance in his job dependent on getting convictions. And while the prosecutors seek their promotions/convictions, the Legislature will get tough on crime by writing stricter laws and by hiring more police officers. With more police officers with nothing to do, we get trumped up charges because of new more stringent laws and officers who are willing to lie on the stand to get the conviction/promotion.

The end result is that the defendant is left with no evidence except his own testimony against a mountain of liars in suits.

When we fail to provide adequate resources for people in need, what do we expect? The problem is not that poor people are criminals, the problem is that we have stripped our country of its most basic resources and we have deprived our country of the humanity and dignity that we have previously taken for granted. Until we take it upon ourselves to help all people, we need to understand that the outcome of providing people with no resources and hard punishments is a poor society living in chains.

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

The Right to Counsel in a Criminal Case – Gideon at 50 is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-18-406. Offenses relating to marijuana and marijuana concentrate

(1) Except as described in section 18-1-711, a person who possesses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.

(2) Whenever a person is arrested or detained for a violation of subsection (1) of this section, the arresting or detaining officer shall prepare a written notice or summons for such person to appear in court. The written notice or summons shall contain the name and address of such arrested or detained person, the date, time, and place where such person shall appear, and a place for the signature of such person indicating the person’s written promise to appear on the date and at the time and place indicated on the notice or summons. One copy of said notice or summons shall be given to the person arrested or detained, one copy shall be sent to the court where the arrested or detained person is to appear, and such other copies as may be required by the law enforcement agency employing the arresting or detaining officer shall be sent to the places designated by such law enforcement agency. The date specified in the notice or summons to appear shall be at least seven days after such arrest or detention unless the person arrested or detained demands an earlier hearing. The place specified in the notice or summons to appear shall be before a judge having jurisdiction of such class 2 petty offense within the county in which the class 2 petty offense charged is alleged to have been committed. The arrested or detained person, in order to secure release from arrest or detention, shall promise in writing to appear in court by signing the notice or summons prepared by the arresting or detaining officer. Any person who does not honor such written promise to appear commits a class 3 misdemeanor.

(3) (a) (I) Except as described in section 18-1-711, a person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars or, at a maximum, by a fine of not more than one hundred dollars and, notwithstanding the provisions of section 18-1.3-503, by fifteen days in the county jail.

(II) Open and public display, consumption, or use of more than two ounces of marijuana or any amount of marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsection (4) of this section.

(b) Except as is otherwise provided for in paragraph (a) of this subsection (3), consumption or use of marijuana or marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsections (1), (2), and (4) of this section.

(4) (a) Any person who possesses more than two ounces of marijuana but no more than six ounces of marijuana commits:

(I) A class 2 misdemeanor.

(II) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(b) Any person who possesses more than six ounces of marijuana but no more than twelve ounces of marijuana or three ounces or less of marijuana concentrate commits:

(I) A class 1 misdemeanor.

(II) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(c) Any person who possesses more than twelve ounces of marijuana or more than three ounces of marijuana concentrate commits a class 6 felony.

(5) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration is a class 2 petty offense and shall not be deemed dispensing or sale thereof.

(6) (a) (I) A person shall not knowingly process or manufacture any marijuana or marijuana concentrate or knowingly allow to be processed or manufactured on land owned, occupied, or controlled by him or her any marijuana or marijuana concentrate except as authorized pursuant to part 1 of article 42.5 of title 12, C.R.S., or part 2 of article 80 of title 27, C.R.S.

(II) Any person who violates the provisions of subparagraph (I) of this paragraph (a) commits:

(A) A class 4 felony; or

(B) A class 3 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) applies or would apply if committed in this state.

(b) (I) Except as is otherwise provided in subsection (7) of this section and except as authorized by part 1 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., or part 2 or 3 of this article, it is unlawful for any person knowingly to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.

(II) As used in subparagraph (I) of this paragraph (b), “dispense” does not include labeling, as defined in section 12-42.5-102 (18), C.R.S.

(III) Any person who violates any of the provisions of subparagraph (I) of this paragraph (b) commits:

(A) A class 5 felony if the amount of marijuana is less than five pounds or the amount of marijuana concentrate is less than one pound;

(B) A class 4 felony if the amount of marijuana is at least five pounds but not more than one hundred pounds or the amount of marijuana concentrate is at least one pound but not more than one hundred pounds;

(C) A class 3 felony if the amount of marijuana or marijuana concentrate is more than one hundred pounds; or

(D) A class 3 felony if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (b) applies or would apply if committed in this state.

(7) (a) Any provision of this article to the contrary notwithstanding, any person eighteen years of age or older who sells, transfers, or dispenses more than two ounces but less than five pounds of marijuana for consideration to any person under eighteen years of age but at least fifteen years of age or less than one pound of marijuana concentrate, with or without consideration, to another person under eighteen years of age commits a class 4 felony and, in addition to the punishment prescribed in section 18-1.3-401, shall be punished by a fine of not more than five thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(b) The sale, transfer, or dispensing of five or more pounds of marijuana or one pound or more of marijuana concentrate to a person under eighteen years of age but at least fifteen years of age is a class 3 felony.

(c) Any person eighteen years of age or older who sells, transfers, or dispenses any amount of marijuana or marijuana concentrate, with or without consideration, to any person under fifteen years of age commits a class 3 felony, and the court shall be required to sentence the defendant to the department of corrections for a term that is at least the minimum in the presumptive range but no more than the maximum term authorized for the punishment of a class 3 felony. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(d) Any person commits a class 3 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which paragraph (a) of this subsection (7) applies or would apply if convicted in this state, and, in addition to the punishment provided in section 18-1.3-401, the court shall sentence the defendant to the department of corrections for at least the minimum term in the presumptive range. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(7.5) Except for a person who lawfully cultivates medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution, a person shall not knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls. A person who violates the provisions of this subsection (7.5) commits:

(a) A class 1 misdemeanor, if the offense involves six or fewer plants; or

(b) A class 5 felony if the offense involves more than six but fewer than thirty plants; or

(c) A class 4 felony if the offense involves thirty or more plants.

(8) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(9) (Deleted by amendment, L. 2003, p. 1428, § 12, effective April 29, 2003.)

(10) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers any drug classified under group C guidelines of the national cancer institute, as amended, approved by the federal food and drug administration.

(11) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal food and drug administration approved drug product, pursuant to part 1 of article 42.5 of title 12, C.R.S., or part 2 of article 80 of title 27, C.R.S.

(12) Repealed.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Distribution, Manufacturing, Dispensing, Sale Or Possession With Intent To Distribute, Manufacture, Dispense Or Sell Marijuana Or Marijuana Concentrate

Penalties

The charge of Distribution, Manufacturing, Dispensing, Sale Or Possession With Intent To Distribute, Manufacture, Dispense Or Sell Marijuana Or Marijuana Concentrate, is categorized as a:

F4

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Distribution, Manufacturing, Dispensing, Sale Or Possession With Intent To Distribute, Manufacture, Dispense Or Sell Marijuana Or Marijuana Concentrate below. These will be adapted by your Denver CO Attorney for your case.

The elements of [distribution] [manufacturing] [dispensing] [sale] [possessing with intent to (distribute) (manufacture) (dispense) (sell)] [marijuana] [marijuana concentrate] are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly 4. [[distributed] [manufactured] [dispensed] [sold] [possessed with intent to (distribute) (manufacture) (dispense) (sell)], with or without remuneration] -or- [4. [induced] [attempted to induce] [conspired with] one or more persons to, 5. [distribute] [manufacture] [dispense] [sell] [possess with intent to (distribute) (manufacture) (dispense) (sell)], with or without remuneration]] 5. or 6. [marijuana] [marijuana concentrate] [6. or 7. without the affirmative defense in instruction number _______.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of [distribution] [manufacture] [dispensing] [sale] [possession with intent to (distribute) (manufacture) (dispense) (sell)] [marijuana] [marijuana concentrate]. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of [distribution] [manufacture] [dispensing] [sale] [possession with intent to (distribute) (manufacture) (dispense) (sell)] [marijuana] [marijuana concentrate]. NOTES ON USE When this instruction is used, the applicable definitions of ?knowingly?, ?marijuana?, ?marijuana concentrate?, ?manufacture?, ?dispense?, ?distribution?, ?remuneration? and ?sale? must be given.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver CO Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Distribution, Manufacturing, Dispensing, Sale Or Possession With Intent To Distribute, Manufacture, Dispense Or Sell Marijuana Or Marijuana Concentrate.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Distribution, Manufacturing, Dispensing, Sale Or Possession With Intent To Distribute, Manufacture, Dispense Or Sell Marijuana Or Marijuana Concentrate in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-18-406. Offenses relating to marijuana and marijuana concentrate

(1) Except as described in section 18-1-711, a person who possesses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.

(2) Whenever a person is arrested or detained for a violation of subsection (1) of this section, the arresting or detaining officer shall prepare a written notice or summons for such person to appear in court. The written notice or summons shall contain the name and address of such arrested or detained person, the date, time, and place where such person shall appear, and a place for the signature of such person indicating the person’s written promise to appear on the date and at the time and place indicated on the notice or summons. One copy of said notice or summons shall be given to the person arrested or detained, one copy shall be sent to the court where the arrested or detained person is to appear, and such other copies as may be required by the law enforcement agency employing the arresting or detaining officer shall be sent to the places designated by such law enforcement agency. The date specified in the notice or summons to appear shall be at least seven days after such arrest or detention unless the person arrested or detained demands an earlier hearing. The place specified in the notice or summons to appear shall be before a judge having jurisdiction of such class 2 petty offense within the county in which the class 2 petty offense charged is alleged to have been committed. The arrested or detained person, in order to secure release from arrest or detention, shall promise in writing to appear in court by signing the notice or summons prepared by the arresting or detaining officer. Any person who does not honor such written promise to appear commits a class 3 misdemeanor.

(3) (a) (I) Except as described in section 18-1-711, a person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars or, at a maximum, by a fine of not more than one hundred dollars and, notwithstanding the provisions of section 18-1.3-503, by fifteen days in the county jail.

(II) Open and public display, consumption, or use of more than two ounces of marijuana or any amount of marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsection (4) of this section.

(b) Except as is otherwise provided for in paragraph (a) of this subsection (3), consumption or use of marijuana or marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsections (1), (2), and (4) of this section.

(4) (a) Any person who possesses more than two ounces of marijuana but no more than six ounces of marijuana commits:

(I) A class 2 misdemeanor.

(II) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(b) Any person who possesses more than six ounces of marijuana but no more than twelve ounces of marijuana or three ounces or less of marijuana concentrate commits:

(I) A class 1 misdemeanor.

(II) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(c) Any person who possesses more than twelve ounces of marijuana or more than three ounces of marijuana concentrate commits a class 6 felony.

(5) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration is a class 2 petty offense and shall not be deemed dispensing or sale thereof.

(6) (a) (I) A person shall not knowingly process or manufacture any marijuana or marijuana concentrate or knowingly allow to be processed or manufactured on land owned, occupied, or controlled by him or her any marijuana or marijuana concentrate except as authorized pursuant to part 1 of article 42.5 of title 12, C.R.S., or part 2 of article 80 of title 27, C.R.S.

(II) Any person who violates the provisions of subparagraph (I) of this paragraph (a) commits:

(A) A class 4 felony; or

(B) A class 3 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) applies or would apply if committed in this state.

(b) (I) Except as is otherwise provided in subsection (7) of this section and except as authorized by part 1 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., or part 2 or 3 of this article, it is unlawful for any person knowingly to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.

(II) As used in subparagraph (I) of this paragraph (b), “dispense” does not include labeling, as defined in section 12-42.5-102 (18), C.R.S.

(III) Any person who violates any of the provisions of subparagraph (I) of this paragraph (b) commits:

(A) A class 5 felony if the amount of marijuana is less than five pounds or the amount of marijuana concentrate is less than one pound;

(B) A class 4 felony if the amount of marijuana is at least five pounds but not more than one hundred pounds or the amount of marijuana concentrate is at least one pound but not more than one hundred pounds;

(C) A class 3 felony if the amount of marijuana or marijuana concentrate is more than one hundred pounds; or

(D) A class 3 felony if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (b) applies or would apply if committed in this state.

(7) (a) Any provision of this article to the contrary notwithstanding, any person eighteen years of age or older who sells, transfers, or dispenses more than two ounces but less than five pounds of marijuana for consideration to any person under eighteen years of age but at least fifteen years of age or less than one pound of marijuana concentrate, with or without consideration, to another person under eighteen years of age commits a class 4 felony and, in addition to the punishment prescribed in section 18-1.3-401, shall be punished by a fine of not more than five thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(b) The sale, transfer, or dispensing of five or more pounds of marijuana or one pound or more of marijuana concentrate to a person under eighteen years of age but at least fifteen years of age is a class 3 felony.

(c) Any person eighteen years of age or older who sells, transfers, or dispenses any amount of marijuana or marijuana concentrate, with or without consideration, to any person under fifteen years of age commits a class 3 felony, and the court shall be required to sentence the defendant to the department of corrections for a term that is at least the minimum in the presumptive range but no more than the maximum term authorized for the punishment of a class 3 felony. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(d) Any person commits a class 3 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which paragraph (a) of this subsection (7) applies or would apply if convicted in this state, and, in addition to the punishment provided in section 18-1.3-401, the court shall sentence the defendant to the department of corrections for at least the minimum term in the presumptive range. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).

(7.5) Except for a person who lawfully cultivates medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution, a person shall not knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls. A person who violates the provisions of this subsection (7.5) commits:

(a) A class 1 misdemeanor, if the offense involves six or fewer plants; or

(b) A class 5 felony if the offense involves more than six but fewer than thirty plants; or

(c) A class 4 felony if the offense involves thirty or more plants.

(8) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1166, § 6, effective August 11, 2010.)

(9) (Deleted by amendment, L. 2003, p. 1428, § 12, effective April 29, 2003.)

(10) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers any drug classified under group C guidelines of the national cancer institute, as amended, approved by the federal food and drug administration.

(11) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal food and drug administration approved drug product, pursuant to part 1 of article 42.5 of title 12, C.R.S., or part 2 of article 80 of title 27, C.R.S.

(12) Repealed.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Possession Of Marijuana Or Marijuana Concentrate

Penalties

The charge of Possession Of Marijuana Or Marijuana Concentrate, is categorized as a:

F5, where possession is eight ounces or more
M1, where possession is more than one ounce but less
than eight ounces
PO2, where possession is one ounce or less

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Possession Of Marijuana Or Marijuana Concentrate below. These will be adapted by your Denver CO Attorney for your case.

The elements of possession of [marijuana] [marijuana concentrate] are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly possessed marijuana 4. and the amount possessed was [not more than one ounce of marijuana] [eight ounces or more of marijuana][any amount of marijuana concentrate], 5. [without the affirmative defense in instruction number _______.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of possession of [not more than one ounce of marijuana] [marijuana concentrate]. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of possession of [not more than one ounce of marijuana] [marijuana concentrate]. NOTES ON USE When this instruction is used, the applicable definitions of ?knowingly?, ?marijuana? and ?marijuana concentrate? must be given.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Possession Of Marijuana Or Marijuana Concentrate.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Possession Of Marijuana Or Marijuana Concentrate in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-12-106. Prohibited use of weapons

(1) A person commits a class 2 misdemeanor if:

(a) He knowingly and unlawfully aims a firearm at another person; or

(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or

(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or

(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).

(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container. For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Prohibited Use Of Weapons

Penalties

The charge of Prohibited Use Of Weapons, is categorized as a:

M2

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Prohibited Use Of Weapons below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of prohibited use of weapons are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [knowingly and unlawfully, 4. aimed a firearm at another person.] -or- 3. [recklessly or with criminal negligence, 4. [discharged a firearm] [shot a bow and arrow].] -or- 3. [knowingly, 4. set a [loaded gun] [trap] [device designed to cause an explosion upon being tripped or approached], and 5. left it unattended by a competent person immediately present.] -or- 3. [while under the influence of [intoxicating liquor] [a controlled substance], 4. had in his possession a firearm.] -or- 3. [knowingly 4. aimed, swung, or threw a throwing star or nunchaku at another person.] -or- 3. [knowingly 4. possessed a throwing star or nunchaku, 5. in a public place.] [5. or 6. without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of prohibited use of weapons. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of prohibited use of weapons. NOTES ON USE Delete inapplicable bracketed material. When applicable, the jury must be given an instruction on the definitions of ?firearm?, “under the influence”, “controlled substance”, “throwing stars” and “nunchakus”. People v. Beckett, 782 P.2d 812 (Colo. App. 1989), affirmed on other grounds, Beckett v. People, 800 P.2d 74 (Colo. 1990), (court?s duty to provide a jury instruction defining “under the influence.”)

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Prohibited Use Of Weapons.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Prohibited Use Of Weapons in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-5-905. Possession of identity theft tools

(1) A person commits possession of identity theft tools if he or she possesses any tools, equipment, computer, computer network, scanner, printer, or other article adapted, designed, or commonly used for committing or facilitating the commission of the offense of identity theft as described in section 18-5-902, and intends to use the thing possessed, or knows that a person intends to use the thing possessed, in the commission of the offense of identity theft.

(2) Possession of identity theft tools is a class 5 felony.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Possession Of Identity Theft Tools

Penalties

The charge of Possession Of Identity Theft Tools, is categorized as a:

F5

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Possession Of Identity Theft Tools below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of possession of identity theft tools are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly possessed any tools, equipment, computer, computer network, scanner, printer, or other article adapted, designed or commonly used for committing or facilitating the commission of identity theft, 4. with the intent to use the thing possessed or knows that a person intends to use the thing possessed in the commission of identity theft. 5. [without the affirmative defense in instruction number _____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of possession of identity theft tools. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of possession of identity theft tools. NOTES ON USE This instruction applies to crimes committed on or after July 1,, 2006. Delete inapplicable bracketed material. When this instruction is given the mental states of ?knowingly? and ?with intent? should be given where applicable. The elemental instruction on identity theft, COLJICrim. 5:53 should be given with this instruction.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Possession Of Identity Theft Tools.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Possession Of Identity Theft Tools in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-5-803. Equity skimming of a vehicle

(1) A person commits equity skimming of a vehicle if, knowing the vehicle is subject to a security interest, lien, or lease, he accepts possession of or exercises any control over the vehicle in exchange for consideration given which may be verbal assurance or otherwise, and:

(a) Obtains or exercises control over the vehicle of another and then sells or leases the vehicle to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or

(b) Arranges the sale or lease of the vehicle of another to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party and exercises control over any part of the funds received, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or

(c) Knowingly fails to ascertain on a monthly basis whether payments are due to the secured creditor, lienholder, or lessor and to apply all funds he receives for any lease or sale of the vehicle toward the satisfaction of any outstanding payment due to the secured creditor, lienholder, or lessor in a timely manner.

(2) Equity skimming of a vehicle is a class 6 felony.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Equity Skimming Of A Vehicle

Penalties

The charge of Equity Skimming Of A Vehicle, is categorized as a:

F6

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Equity Skimming Of A Vehicle below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of equity skimming of a vehicle are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowing that the vehicle is subject to a security interest, lien or lease, (s)he accepted possession of or exercised any control over the vehicle in exchange for consideration given, which was verbal assurance or otherwise, and 4. obtained or exercised control over the vehicle of another and then sold or leased the vehicle to a third party without first obtaining written authorization from the secured creditor, lessor or lienholder for the transaction of the sale or lease to the third party, without the entire balance of the security interest, lien or lease being paid or satisfied within thirty days of the transaction, -orarranged the sale or lease of the vehicle of another to a third party without first obtaining written authorization from the secured creditor, lessor or lienholder for the transaction of the sale or lease to the third party and exercises control over any part of the funds received, when the entire balance of the security interest, lien or lease was not paid or satisfied within thirty days of the transaction, -orknowingly failed to ascertain on a monthly basis whether payments were due to the secured creditor, lienholder or lessor and apply all funds (s)he received for any lease or sale of the vehicle toward the satisfaction of any outstanding payment due to the secured creditor, lienholder or lessor in a timely manner. 5. [without the affirmative defense in instruction number _____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of equity skimming of a vehicle. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of equity skimming of a vehicle. NOTES ON USE Delete inapplicable bracketed material. When applicable, the definitions of ?lease?, ?security interest? and ?vehicle? must be given with this instruction.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Equity Skimming Of A Vehicle.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Equity Skimming Of A Vehicle in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-13-114. Sale of secondhand property – record – inspection – crime

(1) Every secondhand dealer, as defined in subsection (5) of this section, shall make a record, as provided in subsection (2) of this section, of each sale or trade of secondhand property made by him, his agent, or any person acting on his behalf, which sale or trade equals or exceeds thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer shall mail or deliver the record of the sale or trade to the local law enforcement agency within three days of the date of such sale or trade. The secondhand dealer shall keep a copy of the record of the sale or trade for at least one year after the date of the sale or trade.

(2) The record required by this section shall be made in writing on forms designed by the Colorado bureau of investigation or a reasonable facsimile thereof as provided in subsection (3) or (4) of this section and shall consist of the following:

(a) The name, address, and date of birth of the seller or trader;

(b) The date, time, and place of the sale or trade;

(c) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;

(d) The identification number from any of the following forms of identification of the seller or trader:

(I) A valid Colorado driver’s license;

(II) An identification card issued in accordance with section 42-2-302, C.R.S.;

(III) A valid driver’s license, containing a picture, issued by another state;

(IV) A military identification card;

(V) A valid passport;

(VI) An alien registration card; or

(VII) A nonpicture identification document issued by a state or federal government entity;

(e) The signature of the seller or trader;

(f) A declaration by the secondhand dealer that he is the rightful owner of the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and

(g) A declaration by the secondhand dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the local law enforcement agency, as required by subsection (1) of this section.

(3) Any city, municipality, city and county, or county which regulates secondhand dealers and assesses a fee as provided in section 18-13-118 shall print and provide the forms for reporting required pursuant to subsection (2) of this section.

(4) In cities, municipalities, city and counties, and counties which do not license secondhand dealers and assess a fee as provided in section 18-13-118, the secondhand dealer shall report all the information required pursuant to subsection (2) of this section in a form acceptable to the local law enforcement agency.

(5) As used in this section and sections 18-13-115 to 18-13-118, unless the context otherwise requires:

(a) “Local law enforcement agency” means any marshal’s office, police department, or sheriff’s office with jurisdiction in the locality in which the sale or trade occurs.

(b) “Peace officer” means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summons and civil process, police officer, Colorado state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.

(c) “Secondhand dealer” means any person whose principal business is that of engaging in selling or trading secondhand property. The term also includes the following: Any person whose principal business is not that of engaging in selling or trading secondhand property but who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. The term does not include:

(I) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subparagraph (I), “weekend period” means Friday through the immediately following Monday.

(II) A person who is a retailer as defined in section 39-26-102 (8), C.R.S., or a wholesaler as defined in section 39-26-102 (18), C.R.S., and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;

(III) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;

(IV) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c) (3) of the federal “Internal Revenue Code of 1986″, as amended;

(V) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family, or regular employees;

(VI) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a sales tax license in the city, county, or city and county in which the sale occurs;

(VII) An antique dealer who sells antiques, has a retail license and sales tax license in the city, county, or city and county in which the sale occurs, and sells such antiques from a permanent storefront location.

(d) “Secondhand property” means the following items of tangible personal property sold or traded by a secondhand dealer:

(I) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes;

(II) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens’ band broadcasting units and receivers, and video games;

(III) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs;

(IV) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;

(V) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and

(VI) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined in section 42-1-102 (63), C.R.S., snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.

(6) (a) Any secondhand dealer who violates any of the provisions of subsection (1) or (2) of this section commits a class 1 misdemeanor. Upon a second or subsequent conviction for a violation of subsection (1) or (2) of this section within three years of the date of a prior conviction, a secondhand dealer commits a class 5 felony.

(b) Any buyer or person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 1 misdemeanor.

(7) (a) Local law enforcement agencies who print and provide forms as designed by the Colorado bureau of investigation for recording the information required by subsection (2) of this section may charge a reasonable fee for each form to defray the cost of providing such form.

(b) Each local law enforcement agency may establish rules or policies requiring that secondhand dealers provide it with copies of such records. The local law enforcement agency may set forth how often such copies shall be provided to it. Each local law enforcement agency shall forward copies of records received by it to the law enforcement agency having jurisdiction in the area in which the buyer or trader resides.

(8) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a class 3 misdemeanor.

(9) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in paragraph (d) of subsection (2) of this section. Such record shall be mailed or delivered by the operator to the local law enforcement agency within three days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Unauthorized Sale Of Secondhand Property

Penalties

The charge of Unauthorized Sale Of Secondhand Property, is categorized as a:

F5 for second offense within 3 years
M1

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Unauthorized Sale Of Secondhand Property below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of unauthorized sale of second hand property are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. acted as a secondhand dealer, 5. and made a sale of secondhand property and 6. failed to adhere to the recordation requirements for such sales (insert specific omissions from C.R.S. ? 18- 13-114(1)-(2). 7. [without the affirmative defense in instruction number _____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of unauthorized sale of secondhand property. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of unauthorized sale of Secondhand property. NOTES ON USE Delete inapplicable bracketed material. When this instruction is given, the appropriate definitions of “secondhand dealer”, and “secondhand property” must also be given. For second offense see Chapter 27.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Unauthorized Sale Of Secondhand Property.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Unauthorized Sale Of Secondhand Property in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense

Here is the charge you are facing:

18-5.5-102. Computer crime

(1) A person commits computer crime if the person knowingly:

(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or

(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or

(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or

(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or

(e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or

(f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or

(g) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an on-line event ticket sale as defined in section 6-1-720, C.R.S.

(2) (Deleted by amendment, L. 2000, p. 695, § 8, effective July 1, 2000.)

(3) (a) Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is less than five hundred dollars, computer crime is a class 2 misdemeanor; if five hundred dollars or more but less than one thousand dollars, computer crime is a class 1 misdemeanor; if one thousand dollars or more but less than twenty thousand dollars, computer crime is a class 4 felony; if twenty thousand dollars or more, computer crime is a class 3 felony.

(b) Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that, if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony.

(c) (I) Computer crime committed in violation of paragraph (g) of subsection (1) of this section is a class 1 misdemeanor.

(II) If computer crime is committed to obtain event tickets, each ticket purchased shall constitute a separate offense.

(III) Paragraph (g) of subsection (1) of this section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.

(d) Consistent with section 18-1-202, a prosecution for a violation of paragraph (g) of subsection (1) of this section may be tried in the county where the event has been, or will be, held.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Criminal Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.

Colorado Penalties for Computer Crime

Penalties

The charge of Computer Crime, is categorized as a:

F3, damage equal to or greater than $20,000
F4, damage $1,000 to $20,000
M1, damage $500 to $1,000
M2, damage less than $500
F3, damage equal to or greater than $15,000
F4, damage $500 to $15,000
M2, damage $100 to $500
M3, damage less than $100

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Computer Crime below. These will be adapted by your Denver CO Attorney for your case.

The elements of the crime of computer crime are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [accessed any computer, computer network or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud, and] -or- [accessed any computer, computer network or computer system, or any part thereof, to obtain by means of false or fraudulent pretenses, representations, promises: [money] [property] [services] [other thing of value] [passwords or similar information through which a computer, computer network or computer system or any part thereof may be accessed], and,] -or- [accessed any computer, computer network or computer system or any part thereof to commit theft, and] -or- [without authorization or in excess of authorized access, altered, damaged, interrupted or caused the interruption or impairment of the proper functioning of or caused any damage to any [computer] [computer network] [computer system] [computer software, program, application, documentation or data contained in such computer, computer network or computer system or any part thereof], and] -or[ caused the transmission of a computer program, software, information, code, data or command by means of a computer, computer network or computer system or any part thereof [with the intent to cause damage to or cause the interruption or impairment of the proper functioning of] [that actually caused damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system or part thereof,] and] 4. the [loss] [damage] [value of services or thing of value taken] [cost of restoration or repair] was [less than $500] [$500 or more but less than $1,000] [$1,000 or more but less than $20,000] [$20,000 or more]. -orthe [loss] [damage] [value of services or thing of value taken] [cost of restoration or repair] was [less than $100] [$100 or more but less than $500] [$500 or more but less than $15,000] [$15000 or more]. 5. [without the affirmative defense in instruction number _____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of computer crime. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of computer crime. NOTES ON USE The values changed for offenses committed on or after July 1, 2007. Delete inapplicable bracketed material. When this instruction is used, the applicable definitions of ?authorization?, ?computer?, ?computer network?, ?computer program?, ?computer software?, ?computer system?, ?damage?, ?exceed authorized access?, ?financial instrument?, ?property?, ?services? and ?use? must be given. When ? 18-5.5-102(1)(d), C.R.S. is charged, the elements of the crime of theft must be given.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Colorado Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Computer Crime.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

If you have specific questions or would like to speak with an attorney about your legal criminal defense needs, please call Mountain Legal in Denver Colorado at 303-586-1731 or email us at nbaca@mtnlegal.com

Computer Crime in Colorado is a post from: Mountain Legal - Denver Colorado Criminal Defense