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Colorado Criminal Defense Blog

When a Woman Gets #MeToo'd

  • 17
  • August
    2018

Recently in the New York Times, there was an investigation into the New York University Professor Avital Ronell, a world-renowned female professor who was found responsible after an 11 month Title IX investigation of sexually harassing her male graduate student. Amazing, she was not found responsible for sexual assault because there were "only two witnesses" and they had conflicting accounts. 

 

            Almost without exception, in every single Title IX investigation our firm has been involved in where males are accused of sexual assault, there are also "only two witnesses" who not surprisingly have "conflicting accounts" but that does not stop Title IX offices from finding males responsible for sexual assault time after time, expelling them from school and ruining their reputations. 

 

            She wrote emails in which she referred to her student as "my most adored one", "sweet cuddly baby", and "cock-er spaniel."  She had him meet her in Paris, saying it was for his studies, but then asked him to read her poetry in her bedroom while she took an afternoon nap. She insisted on staying with him in his New York apartment when the power went out after Hurricane Sandy and sleeping in his bed where she groped and kissed him. 

 

            For her defense, she claimed that she had no idea her advances made him uncomfortable, that they were mutual and invited- despite the obvious power differential, that he took too long to report, and that he is a bad student and complaining to get attention because he is not smart enough. 

 

            Replace Professor Ronell in this story with Harvey Weinstein or Bill Cosby and imagine the outrage. 

 

 

Why Are They Acting Like I'm Guilty?

  • 06
  • August
    2018

In criminal defense the right to be presumed innocent is one of the most important constitutional rights an accused person has against the power of the government. It is one of the things that sets our country apart from places Like China, the Middle East, or even the European Union. But one of the most misunderstood aspects of this sacred right that this is a right that an accused is afforded in a jury trial. In other words, once there are twelve peers sworn to uphold the law and follow the rules, you are presumed innocent. But until then, everyone, most especially the police will presume you are guilty and treat you as such.

Most, but not all district attorneys, have this same attitude too. This is the reason why it's usually not an effective approach to go in and explain why you have been wrongly charged or tell "your side of the story." Once you find yourself on the other side of a criminal accusation, it's probably too late. Everyone in the system almost automatically assumes you are guilty and just trying to explain your way out of trouble. They do not have an open mind to listen and by trying to give such an explanation you are confirming their perception that you are guilty.

Man in Boulder motel arrested after campus complaints

  • 19
  • December
    2014

Colorado defendants have good reasons not to want a criminal record involving a sex offense. Defendants have been accused of sexual misconduct over simple misunderstandings. A conviction may include long-term repercussions.

A 28-year-old man was arrested at a Boulder motel recently, after police responded to reports from several women complaining of harassment and attempted sexual contact. The alleged incidents occurred on and near the University of Colorado Boulder campus. Two encounters apparently occurred on the same day, about 10 minutes apart.

DUI law debate follows arrest of man with 16 convictions

  • 12
  • December
    2014

Defendants cannot be charged with crimes that don't exist. There may be a felony drunk driving law in another state that is much harsher than anything Colorado has on the books. However, until a new law is adopted or an old one is revised, DUI prosecutors must work with the rules they have.

According to a recent Arapahoe County grand jury indictment, a defendant arrested last month had 20 citations and 16 convictions for offenses related to alcohol. Colorado is one of only a handful of states without a felony drunk driving law but not for lack of state lawmakers' attempts to change things. Two felony DUI bills during the last two years failed to get approval.

Homeless man charged with indecency offense in Boulder

  • 04
  • December
    2014

The urge to urinate can occur at inconvenient times. Just ask a parent on a long road trip with a young child. Individuals forced to relieve themselves in public places sometimes face criminal charges for public indecency.

A pair of Regional Transportation District guards recently approached a man who was urinating in a tunnel at the Boulder Transit Center. The 43-year-old homeless man had disembarked from a bus, where others said the passenger had been drinking alcohol. Security guards confronted the shirtless man while his pants were pulled down.

Police: Drug possession among charges against walled-up thief

  • 19
  • November
    2014

Court-ordered punishments for drug-related convictions in Colorado can be harsh but even when they are not severe, personal and professional aftereffects can be. A criminal record can evaporate employment, housing and educational opportunities. Some cases grow even more complicated when defendants are charged with drug offenses in addition to other allegations.

A man's cries were heard but initially dismissed by employees working in a Boulder County strip mall. Eventually, Marshalls' employees in Longmont realized someone was calling from inside a store wall and contacted emergency responders. Rescuers used a heavy-duty saw to extract a dehydrated 35-year-old man, who apparently had been trapped between an inner and outer wall for several days.

Judge: ‘Cup checks’ by former Colorado teacher were assaults

  • 13
  • November
    2014

What may be acceptable behavior in the eyes and minds of some people is offensive to others. For defendants, perceptions don't matter as much as whether the behavior crosses a legal line. A former Colorado high school teacher recently learned touching students can result in the ruination of a career.

The ex-Widefield High School teacher and coach was accused of striking male students between the legs, apparently as a form of "cup check." El Paso County authorities received a tip about the activity in 2013 and conducted an investigation with school resource officers. Several male students apparently were touched inappropriately.

1 man charged with assault, 1 sought for Boulder bar brawl

  • 06
  • November
    2014

Many Colorado University students and other Boulder residents have witnessed verbal and physical confrontations in public. It's no surprise these incidents occur with some regularity in establishments where alcohol is served. Not all bar fights end with punches and police but when they do, participants may face serious criminal charges.

One of two men suspected of injuring two patrons at an Irish pub in September was arrested recently. The 26-year-old defendant allegedly became enraged over a spilled drink, after bumping into another man on the dance floor at Conor O'Neill's. Police reports said the defendant struck and cut the victim's face with a glass.

Violent behavior pattern suggested for murder suspect in Colorado

  • 30
  • October
    2014

A man is currently being tried for a murder that happened all the way back in 1999. He is 47 years old now. The incident that he has been accused of participating in took place in Longmont, Colorado, when a woman in an alley was apparently beaten up and then killed.

The prosecution has now determined that they are going to show that the man has a history of violent behavior. To do it, they are looking at other incidents that he was involved in to see if there is a pattern. Some of these incidents happened two decades ago.

High rate of unlicensed driving linked to Colorado DUI arrests

  • 23
  • October
    2014

A criminal defense lawyer works very hard to limit consequences a client faces following an arrest. Many Colorado defendants understandably vow never to take risks that would cause them to repeat the legal process. Charges and sentences reflect courts have little sympathy or patience for repeat offenders.

Sentences for Colorado DUI convictions may include jail time, license suspensions or revocation, mandatory substance abuse counseling, an ignition interlock, probation, community service, fines and fees. These are not easy terms for you, your family or an employer to handle. A second DUI can make your legal situation worse.