The "Wobble" is happening in Colorado. No, it's not that funny dance you saw on Youtube; it's a totally different kind of movement—a legal one, in fact.

During the 2013 legislative session, new Colorado drug laws were created to give people with certain drug felony convictions a chance to lessen their punishment. Part of a general overhaul of Colorado's approach to drug crimes was created with the intention of keeping people convicted with drug possession out of the Department of Corrections. These new laws are nicknamed the "Wobbler Laws."

Write comment (1 Comment)

I know this post is a little late to the party so to speak - but the ruling from the Supreme Court in June concerning searches of cell phones is simply too important not to discuss.

Write comment (0 Comments)

It is not hard to imagine that as a criminal defense attorney, I am against capital punishment. But putting aside my career, as a human being I am VERY anti death penalty. The botched execution in Oklahoma is just one of the many reasons why. 

Write comment (0 Comments)

Okay, we all make mistakes and picking up a DUI or DWAI is a very common mistake that many people make. Though recent years have seen more significant penalties for first time offenders, thankfully a first time offense is still a misdemeanor. Unfortunately, the same may no longer hold true for multiple offenders. A new house bill proposes felony charges in Colorado for people picking up multiple DUI and DWAI offenses. 

Write comment (0 Comments)

Now that pot is legal for recreational use, it is important to discuss the implications of smoking and driving. A person can absolutely receive what is called a DUID (Driving Under The Influence of Drugs) for having marijuana in their system while driving. In fact people in Colorado have been receiving DUID’s for years. A DUID has many of the same ramifications as receiving a DUI (probation, fines, court costs, job implications, etc.). The one very important distinction between receiving a DUID is there are NO consequences to your driver’s license.

Write comment (0 Comments)

Now that marijuana is legal for recreational use many people are looking to capitalize on this lucrative venture and work in the industry. January 1, 2014 saw an onslaught of applicants at the state’s Marijuana Enforcement Division office located at 455 Sherman Street in Denver with applicants waiting several hours to have their applications processed and often times people were turned away and told to come back. But now the process is now running MUCH smoother and qualified applicants are receiving their licenses in an efficient manner. However, there are certain steps you must take in order to receive the coveted state badge to work in the industry.

Write comment (88 Comments)

If you or someone you love has ever been arrested - even for a simple charge that was dismissed shortly after the arrest - you may still have a criminal record that is open and available to the public. With any criminal case, you should be asking yourself, can I seal my criminal record? 

Write comment (0 Comments)

Okay, lets talk pot.  As of January 1, 2014, Colorado residents, 21 and older, can now buy marijuana for recreational purposes.  And as great as this is for our state, we must remember that Colorado has not become a Cheech & Chong movie – there are rules that apply and laws that must be followed in order to keep you out of the pokey. 

Write comment (3 Comments)

Yes, this is not a typo, people can in fact receive a DUI when they are not actually “driving” a car. I am sure a lot of you are asking yourselves, “How can this be?” and though I agree it is a puzzling issue, in Colorado a person can be arrested, charged and convicted of a DUI, even if not driving, so long as they were in “actual physical control” over their vehicle.

Write comment (0 Comments)
Failing to Appear in Court for DUI Charge

Generally in Colorado, failing to appear in court for your criminal case results in the issuance of a warrant for your arrest.  However, this is not true for failing to appear in court for any traffic infraction case, Including DUI’s and DWAI’s.

Write comment (1 Comment)

Now that the holidays are upon us, I thought it was a perfect time to remind students if you are charged with a DUI or a DWAI, whether it is on campus or off, you will face University disciplinary proceedings as well as criminal proceedings in State Court.

CU has a “three strikes” policy for students with alcohol offenses. If you have had alcohol-related tickets in the past, you face more serious University penalties, up to and including suspension and expulsion. Importantly, you are not entitled to have an attorney present for any CU disciplinary proceeding. However, attorneys can attend and usually must remain silent. I have counseled students as to what to expect at their disciplinary hearing, what to say at their hearing, as well as attended their hearing with them.

Write comment (1 Comment)

Contact Rogers & Moss for your free, no-risk, consultation.