Denver Criminal Defense Lawyer Blog

A Jefferson County judge's refusal to allow a man who may have just six months to live to serve out his jail term under home confinement raises troubling questions about if the man's Eighth Amendment protection against cruel and unusual punishment is being violated. The judge's decision came despite requests both from the man's attorney and prosecutors to allow him to live out his days in the presence of family.

The man, who was sentenced to two years in jail in April related to a domestic violence incident involving his girlfriend, was diagnosed with terminal liver disease after beginning his jail term. The man says he was told he has six to 12 months to live. On Aug. 23, a hearing was held to discuss the possibility of amending the sentence to have the man serve the remainder of his sentence under house arrest at his daughter's Lone Tree home.

A woman who works at a suburban Denver daycare center has been accused of sexually assaulting a child she was babysitting on Aug. 31. Few details about the what the woman is accused of doing, but she was being held in the Douglas County jail on $50,000 bond as of Sep. 5, a day after police interrogated and arrested her.

The alleged sexual assault incident did not occur at the preschool, which is located in Lone Tree. In a statement, the school said it was cooperating with police and social services. Parents of children at the daycare called the arrest "scary" and "sad." It does not appear that the school had fired the woman as of Sep. 5, though it is likely that its management is considering doing so.

Citing arrest statistics that indicate that minorities are arrested for marijuana possession at a disproportionate rate in Colorado, the regional conference of the National Association for the Advancement of Colored People officially endorsed a ballot initiative that would legalize the drug in the state. As the conference's president said, "In ending the prohibition against adult use of marijuana we might affect mass incarceration and its disproportionate impact on African-Americans and other people of color."

Federal statistics appear to support the NAACP's contention that African Americans are overrepresented among those facing marijuana-related drug charges in Denver and throughout Colorado. The FBI says that 22 percent of those arrested in the state for marijuana sales or growth in 2010 were African American, as were 9 percent of people arrested for possession. African Americans made up just 4.3 percent of the state in 2011, suggesting that they are being targeted for drug arrests more often than other ethnic groups.

Police officers are sometimes willing to make arrests based on very little evidence. While that is embarrassing and frustrating for those arrested, it doesn't necessarily mean charges will be filed. Prosecutors are the ones who actually decide whether there is sufficient evidence to prove a case beyond a reasonable doubt.

Unfortunately, some prosecutors are also willing to press charges without strong evidence. If a defense attorney can quickly step in and point out to the judge that reasonable doubt clearly exists, it can lead to the charges being dismissed.

This may have been the case for TV reality star Jenelle Evans, whose North Carolina marijuana possession and assault charges were recently dropped. Police were called to the home shared by Evans and her boyfriend due to an alleged domestic dispute. Evans' boyfriend was arrested and charged with domestic assault. While the police were there, they claim, they spotted less than an ounce of marijuana. Therefore, they also arrested Evans.

A six-time former U.S. ambassador to several countries in the Middle East only just recently retired from foreign service that covered a three-decade period because of serious health issues he has been facing.

Aside from his medical issues, he is now facing DUI and traffic charges involving a recent hit-and-run accident that occurred outside of Colorado.

According to reports, the 63-year-old driver was stopped in the left-hand lane waiting at a red light.

A man who was arrested for allegedly groping a woman and making intimidating statements to a flight attendant may suffer from mental illness, according to another passenger on the flight, which was diverted to Denver on Aug. 19. The accused man, who was seen taking bipolar medication, was taken from the plane and arrested by local police.

According to news reports, the man was one of about 150 passengers on a cross-country flight. At some point, the man left his seat and began making strange statements. He approached a pregnant woman and touched her inappropriately as she waited to use the restroom. The woman became upset, pushed him away and went into the bathroom when it became available.

A former state representative in another state who was forced out of the legislature after he was arrested on suspicion of domestic violence was found not guilty of all charges 10 days after his one-day trial. The politician took to Twitter to express his pleasure with the judge's ruling, saying that "Truth & justice win!"

Accusations against the man went back to April 2010, when he and his wife filed for divorce. His wife filed for a restraining order at the same time. The rep later began dating his campaign manager, but the couple broke up. In February of this year, the campaign manager also requested a restraining order against her former boyfriend. She said that he would not let her leave the house without his permission and threatened to hurt or kill her. She also said that he hurt her arm and fingers when she tried to drive away one day.

Following a one-day trial on Aug. 15, the jury in Denver Broncos linebacker D.J. Williams' trial on a charge of drinking and driving decided to convict Williams on a lesser charge. The conviction for driving while ability impaired could still mean jail time for Williams, though sentencing guidelines contain lesser penalties for a DWAI conviction compared with a DUI conviction.

Meanwhile, Williams' attorney said the conviction was due in part to an unfairly prejudicial answer a police officer gave on the witness stand. He asked the judge for a mistrial, which was not granted, and he and Williams may decide to appeal the conviction based on that testimony.