June 2, 2008:  Domestic Violence

"Domestic Violence" is not an actual offense in Colorado--it is what is called a "sentence-enhancer."  It means that a person who pleads guilty to or is convicted of a crime involving domestic violence must be ordered by the judge to participate in a domestic violence treatment program and evaluation.  The evaluation almost always recommends participating in the standard 36-week program established by Colorado's Domestic Violence Offender Management Board.  According to statute, a prosecutor cannot offer a plea bargain which eliminates the domestic violence designation unless the prosecutor tells the court that he or she cannot prove that the defendant was ever in an intimate relationship with the alleged victim.  "Intimate relationship" is defined by statute to include unmarried couples and people who are parents of the same child, whether they have ever lived together or not.  Unfortunately this cookie-cutter approach to a very real problem often results in miscarriages of justice.

May 28, 2008:  Possession of Marijuana

Many people are under the misperception that it's now legal in Colorado to smoke marijuana.  Possession of marijuana is still considered a crime under the laws of the state.  While possession of one to eight ounces is a misdemeanor, possession of a larger amount is considered a felony and will be prosecuted as such.  Cultivation of marijuana is also strenuously prosecuted as a felony in Colorado, as is possession "with intent to distribute," no matter what the alleged weight.

April 1, 2008:  DUID--Driving Under the Influence of Drugs

In Colorado, Driving Under the Influence can be charged as Driving Under the Influence of alcohol, drugs, or both.  If a police officer suspects that a driver is under the influence or impaired, but there is no "indicia of alcohol," or a breath test shows that the driver does not have a high blood-alcohol content, then the officer may begin investigating the driver for Driving Under the Influence of Drugs (DUID).

If so, the officer may ask the driver to submit to a drug recognition examination.  Such an exam is voluntary.  It must be performed by a specially trained and certified Drug Recognition Expert (DRE), and consists of twelve "steps," most of which are performed at a police station or jail.  The steps involve a combination of neurological maneuvers and physiological observations, culminating in a chemical test of the driver's blood or urine.

Although a driver may choose between a blood or breath test in a DUI-alcohol, the state of law right now in Colorado appears to be that the choice between a blood or urine test in a DUID is up to the law enforcement officer, and is usually driven by the police agency's policies.

March 31, 2008:  Office of Judicial Affairs

We represent many University of Colorado students who are charged with, for the most part, very minor crimes.  What is difficult for many students, and particularly their parents, is the realization that, no matter what the court consequences may be, the University's Office of Judicial Affairs (or "OJA") will often impose an additional, and sometimes more devastating, punishment.  OJA has the power to enforce the University's Student Conduct Code (which can be found on our links page).

Many students are unaware that OJA can enforce violations of the Student Conduct Code which occur off-campus.  Also, while a student may have an advisor (this may be a friend, family member, or lawyer) during the OJA process, there is no right to a lawyer at an OJA proceeding, and an advisor may not speak for the student.

Many charges, including possessing fireworks, inciting a public disturbance, and distributing alcohol, may be grounds for suspension, or worse, from the University.

If OJA decides to initiate proceedings against a student, it will often e-mail the student or send him a letter notifying him that he must contact OJA to schedule what is called a "pre-conference."  If a student does not schedule, or fails to appear for, a pre-conference, the OJA hearing officer may decide the student's fate in his absence.  At the pre-conference, the student will be presented with three options:  1-admit the violation of the Code and let a conduct officer decide on the appropriate sanction; 2-deny the violation of the Code and let a conduct officer decide whether there was a violation, and if so, the appropriate sanction; 3-deny the violation of the Code and schedule a hearing before the Judicial Affairs Hearing Board.  The OJA conduct officer may overrule a student's choice.

Any student who is notified that OJA is investigating him should inform himself fully of his rights and options.