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Boulder Criminal Defense Blog

Want to prevent police access to your cell? Only use a passcode

Police using access to cell phones as an investigative tool is something that comes up in relation to all kinds of criminal charges not limited to controlled substances offenses, domestic cases and other similar situation. 

Anytime someone comes into contact with police, especially if they are turning themselves in or being arrested and they have a cell phone on their person the police seize the phone. So the first rule, if someone is going to turn themselves in or come into contact with police, they should absolutely not have their cell phone with them.  

Marijuana prosecution and immunity in emergency situations

Despite recreational marijuana's legal status in Colorado, it is still unlawful for individuals under the age of 21 to possess or consume marijuana.

Under normal circumstances, those who violate this offense could be charged with an unclassified petty offense. However, emergency situations can boost a minor immunity to serious criminal prosecution.

When a Woman Gets #MeToo'd

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?

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

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

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

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

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

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.

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Best Lawyers - Best Law Firms U.S.News 2018 american board of trial advocates superlawyers national board of trial advocacy - NBTA - established 1977 scott jurdem - Recognized by best lawyers

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For experienced legal counsel that can help you defend yourself against a wide range of criminal charges and protect your rights after you have been injured in an accident, turn to Jurdem, LLC, in Boulder. Our criminal defense attorneys represent clients throughout Colorado. Call 303-800-3509 or toll free at 877-761-7852 or simply contact us online for a free telephone consultation concerning your criminal defense or personal injury matter. We accept major credit cards for our clients' convenience.

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