Bringing your gun into the security checkpoint is an easy mistake to make. Many keep their guns on at all times and simply forget to remove them when it comes time to travel. However, that does not mean that the act is legal. Breaking this law is a surefire way to face serious penalties.

Why You Can’t Introduce a Firearm into a Transportation Facility

Carrying a gun into an airport is illegal in Colorado. The crime of introducing a firearm into a transportation facility is defined under Criminal Code § 18-9-118 as the act of carrying, bringing, or otherwise possessing a firearm or explosive device into any facility of public transportation without legal authority. Even if you didn’t mean to bring your gun to the airport and forgot it was there in your luggage or your holster, you may still be facing an arrest and eventual conviction. This crime counts as a Class 6 felony, which can result in some severe penalties.

Steps to Take Immediately After Being Stopped with a Firearm in an Airport

Take the following steps promptly after being stopped with a firearm at an airport security checkpoint. These measures can help safeguard your legal rights if further legal action is taken against you:

• Remain Calm and Cooperative: Follow instructions calmly and avoid making sudden movements. Do not argue with or resist law enforcement.
• Do Not Discuss the Incident: Refrain from discussing details of the incident or providing explanations without legal counsel present. Anything you say can be used against you.
• Invoke Your Right to Legal Counsel: Politely request to speak with an attorney immediately. Contacting a lawyer specializing in firearm and criminal defense is crucial to protect your rights and provide guidance.
• Choose an Experienced Lawyer: Select a Colorado criminal defense attorney with experience in handling firearm-related cases and familiarity with airport security regulations. Consider referrals from trusted sources or reputable legal directories.
• Document Everything: Write down details of the incident as soon as possible, including interactions with authorities, to help your lawyer in preparing your defense.

How to Prevent Future Issues as a Firearm Owner

Firearm owners can reduce the risk of inadvertently violating laws or regulations related to firearm possession in restricted areas by using the following checklist:

• Know Local Laws and Regulations: Familiarize yourself with firearm possession laws in the areas you frequent, including restrictions on carrying firearms in certain locations like airports, government buildings, and schools.
• Regularly Inspect Your Belongings: Before traveling or entering restricted areas, thoroughly check all bags, purses, and belongings where a firearm could potentially be stored.
• Use Secure Storage and Transport: Always store firearms securely in designated cases or safes, ensuring they are unloaded and ammunition is stored separately. Use locks and other security measures to prevent unauthorized access.
• Stay Mindful and Alert: Develop habits of awareness and mindfulness regarding your firearm’s location and status. Avoid distractions that could lead to forgetting or mishandling firearms in restricted areas.

In addition to the above checklist, follow these recommendations to help ensure the safe and legal transport of firearms during travel, reducing risks associated with mishandling or unauthorized access:

• Use a Secure, TSA-Approved Case: Transport firearms in a sturdy, lockable case that meets Transportation Security Administration (TSA) guidelines. Ensure the case is designed specifically for firearms and can be securely locked.
• Separate Firearms and Ammunition: Store firearms and ammunition in separate compartments within the case. Ammunition should be in its original packaging or a secure container designed for travel.
• Choose Direct Routes and Reliable Transport: Opt for direct routes and reputable transport providers that adhere to safety protocols for transporting firearms. Avoid overnight stays where firearms may need to be left unattended in vehicles.
• Research and Comply with Local Laws: Research and understand firearm laws and regulations at your destination before traveling. Ensure compliance with local requirements for storage, transportation, and carrying of firearms to avoid legal issues.

Penalties for Bringing a Gun to an Airport in Colorado

Colorado rates its felonies on a class system, from 1 to 6. A Class 6 felony is considered the least severe, so it does involve the lowest penalties. However, it’s still a felony, which can impact the rest of your life. Typically, a felony 6 crime conviction includes:

• Up to 18 months in prison
• Between $1,000 and $10,000 in fines

Of course, that is only your immediate sentence. Being convicted of a felony makes you a felon, whether it was a Class 6 felony or a Class 1 felony. As we already mentioned, in Colorado, felons lose certain rights:

• The right to own a firearm
• The right to certain employment
• The right to vote while in prison
• The right to travel internationally
• The right certain government assistance programs
• The right to parental custody

On top of this, your criminal record will also become available to the public. This means that whenever you apply for a job, a loan, or housing, your felony conviction will be available for all to see. This could seriously impact your ability to maintain steady employment or even keep a roof over your head.

This seems overly harsh for something as simple as accidentally bringing a gun into the airport. We couldn’t agree more, which is why we recommend that you look for skilled legal representation.

Impact of Firearm Charges on Professional Licenses and Employment

A felony conviction can severely impact professional licenses across various fields. Occupations such as medicine, law, and finance often have stringent licensing requirements that may be revoked or denied due to a criminal record. Professional consequences can include loss of licensure, restrictions on practice, or difficulty obtaining new licenses.

Employment challenges post-conviction may require strategies like focusing on fields less impacted by background checks, pursuing expungement where possible, or demonstrating rehabilitation and ongoing compliance with legal obligations. Seeking legal counsel and proactive measures can help mitigate these challenges and maintain or regain professional standing.

Legal Defenses Against Firearm Charges in Colorado Springs Airports

Legal defenses against firearm charges in airports can hinge on several factors. Lack of intent can be a critical defense, especially if the individual forgot they were carrying a firearm. This defense argues that there was no criminal intent to violate airport security regulations.

Additionally, Fourth Amendment violations may be invoked if the firearm was discovered through an unlawful search or seizure, potentially leading to suppression of the evidence.

Finally, possessing a valid concealed carry permit can strengthen a defense by demonstrating lawful possession under certain circumstances, although airports often have strict regulations regardless of state permits. Each defense requires thorough legal assessment and factual support to be effective in court.

Our Colorado Springs Airport Firearms Defense Lawyers Can Help You Make a Defense

After being stopped with a gun in an airport, you could be facing both criminal and civil charges. The civil charges will be administered by the TSA, and while they will not result in jail time, they could still cost you a fair amount in fines. Then, of course, there is the issue of the criminal charges you may be facing, which, as we went over above, could have a significant impact on your life.

Thankfully, if you are near Colorado Springs, you don’t have to go through this stressful process alone. We at The Bussey Law Firm, P.C., have helped countless Coloradans who accidentally brought their guns into restricted zones, and we can help you, too. As top criminal defense attorneys, we know our way around a courtroom and can build you a strong defense.

To get your free consultation with one of our airport firearms defense attorneys in Colorado Springs, call (719) 475-2555 today.

The post Guns in Airports: The Penalties You May Face appeared first on Colorado Springs Attorneys.

Delays may infringe upon the defendant’s constitutional rights, prompting legal challenges. Balancing the defendant’s right to a timely resolution with the need for thorough due process poses a challenge in ensuring justice is served efficiently.

Understanding each phase of a case can help determine the length of your case and realistic expectations.

Initial Phases

The initial phases of criminal defense encompass arrest and booking, where the suspect is taken into custody and processed. After being booked in, the arraignment occurs, where the charges are formally presented, and the defendant enters a plea. Pretrial motions and hearings may follow, allowing the defense to challenge evidence, seek dismissal of charges, or address procedural issues.

These stages are critical for establishing the foundation of the defense strategy and shaping the trajectory of the case. Thorough preparation and strategic maneuvering during these phases are essential for protecting the defendant’s rights and achieving a favorable outcome.

Discovery Phase

During the discovery phase, the prosecution and the defense exchange evidence relevant to the case. The prosecution discloses evidence supporting charges, while the defense shares evidence to refute allegations or support defenses. Disclosure timelines vary by jurisdiction but typically occur before trial. Meticulously reviewing evidence is pivotal in identifying strengths, weaknesses, and inconsistencies and shaping defense strategies accordingly.

Understanding the prosecution’s case enables the defense to prepare robust counterarguments and explore negotiation or plea bargaining opportunities. Effectively utilizing the discovery phase empowers the defense to craft a compelling narrative and mount a vigorous defense in court.

Negotiation and Plea Bargaining

Negotiation and plea bargaining offer opportunities for defendants to mitigate charges and potential penalties. Defendants may negotiate with prosecutors to secure reduced charges, lighter sentences, or dismissal of some counts in exchange for guilty pleas. While plea deals offer benefits like certainty and reduced sentences, they entail admitting guilt and forfeiting trial rights.

Accepting a plea deal accelerates case resolution, relieving the court backlog. However, hurried negotiations may lead to unfair outcomes. Defendants must weigh the pros and cons carefully, and take into consideration the impact on their legal rights, reputations, and future opportunities.

Trial Preparation

Trial preparation involves meticulous planning, including witness and expert testimony preparation to bolster the defense strategy. Scheduling the trial date aligns with courtroom availability and attorney preparedness. Delays can stem from various factors, such as witness unavailability, evidentiary disputes, or unforeseen legal issues.

Additionally, court congestion and procedural complexities may prolong the trial process. Effective communication with witnesses, thorough evidence review, and strategic anticipation of potential delays will help ensure that trial proceedings are streamlined. By addressing potential obstacles proactively, the defense can approach trial preparation efficiently, ensuring readiness for courtroom proceedings.

Trial Process

The trial process begins with opening statements, where both the prosecution and defense outline their cases. Following this, evidence is presented, including witness testimony, documents, and exhibits. Cross-examinations allow each side to challenge the credibility and reliability of opposing evidence. Subsequently, closing arguments summarize key points and attempt to persuade the jury of the merits of their respective positions.

After deliberation, the jury reaches a verdict based on the evidence presented and the instructions provided by the judge. However, in bench trials, the judge renders the verdict. The duration of the deliberation varies depending on the complexity of the case and the number of issues to consider.

Ultimately, the verdict determines the defendant’s guilt or innocence. If found guilty, a sentence is imposed or there’s an acquittal with the defendant released.

The trial process is a culmination of legal procedures designed to ensure a fair and impartial determination of the defendant’s culpability or innocence.

Post-Trial Proceedings

Following a trial, post-trial proceedings commence with the sentencing phase, where the judge imposes penalties based on the verdict. If convicted, defendants may appeal the decision, challenging legal errors or procedural irregularities. Additionally, convicted individuals may be subject to probation or parole, providing supervision and rehabilitation opportunities.

Post-conviction relief avenues, such as appeals or petitions, offer opportunities to challenge convictions or seek remedies for miscarriages of justice, ensuring continued legal recourse after trial.

Additional  Factors

Various factors influence the duration of legal proceedings. As mentioned previously, case complexity, which is determined by the number of legal issues and evidence, can prolong proceedings. The severity of charges may also necessitate extensive investigation and preparation. Court caseload and scheduling constraints likewise impact trial dates and hearing availability.

Cooperation among involved parties expedites proceedings, while conflicts or disputes can cause delays. Employing legal strategies such as negotiation, mediation, or litigation may also affect duration.

By addressing these factors strategically and collaboratively, parties can efficiently address their issues, mitigating delays and achieving timely resolutions.

Call Our Colorado Springs Criminal Defense Lawyers

For additional information and counseling about your legal options, contact the attorneys at The Bussey Law Firm, P.C. With 30+ years of experience practicing law, firm founder and lead attorney Timothy Bussey has been recognized as a Fellow by the Litigation Counsel of America (LCA) for outstanding accomplishments in Criminal Defense.

You don’t need to face your case alone — our experienced Colorado Springs criminal defense lawyers can provide you with legal guidance. Call our firm today at (719) 475-2555.

The post How Long Will My Criminal Defense Case Take to Resolve? appeared first on Colorado Springs Attorneys.

Defining the Three-Strikes Law

The Three-Strikes Law, a legislative response to escalating crime rates, is designed to target individuals who repeatedly engage in criminal activities. In El Paso County, this law mandates enhanced penalties for offenders with a history of two or more prior convictions. The objective is to deter habitual offenders by imposing more severe consequences for their actions.

Requirements for Triggering the Three-Strikes Law

To activate the Three-Strikes Law in El Paso County, specific criteria must be met. First and foremost, the offender must have at least two prior convictions for serious or violent offenses. These offenses are typically outlined in the state’s criminal code and may include crimes such as aggravated assault, robbery, or certain drug offenses.

The second crucial requirement involves the current offense committed by the individual. For the Three-Strikes Law to come into effect, the present offense must also be categorized as a serious or violent crime. This dual requirement ensures that the law targets individuals with a proven history of engaging in significant criminal behavior.

Implications for Habitual Offenders

Habitual offenders facing the Three-Strikes Law in El Paso County are confronted with heightened consequences. The law dictates that upon conviction for a third serious or violent offense, the offender is subject to an extended prison sentence. This sentence is often significantly longer than what would be imposed for a first or second conviction for a similar offense.

Moreover, the Three-Strikes Law may restrict the offender’s eligibility for parole or early release. The intention is to keep habitual offenders incarcerated for a more extended period, thereby protecting the community from the potential harm posed by repeat criminal behavior.

Challenges and Criticisms

While the Three-Strikes Law in El Paso County aims to enhance public safety, it is not without its share of challenges and criticisms. Some argue that such laws disproportionately affect certain communities, contributing to issues of over-incarceration and strained criminal justice resources. Critics also point out that these laws may not effectively address the root causes of criminal behavior, such as socio-economic factors and access to education and employment opportunities.

Navigating the Legal Landscape

For individuals facing the implications of the Three-Strikes Law in El Paso County, navigating the legal landscape requires a thorough understanding of the law and its complexities. It is crucial for defendants to work closely with experienced criminal defense attorneys who can provide strategic guidance and build a robust defense tailored to the unique circumstances of each case.

Legal Representation in El Paso County

The Bussey Law Firm, P.C., based in El Paso County, is committed to providing effective legal representation for individuals grappling with the Three-Strikes Law and other legal challenges. Our seasoned attorneys possess a wealth of experience in criminal defense and can navigate the intricacies of the legal system on behalf of our clients.

Understanding the Rehabilitation Aspect

While the Three-Strikes Law focuses on imposing strict penalties, it’s essential to acknowledge the broader conversation about rehabilitation. Recognizing the complexities of criminal behavior, some argue for a balanced approach that includes rehabilitation and addressing the root causes of criminal conduct. El Paso County, like many jurisdictions, offers rehabilitative programs within the prison system aimed at providing inmates with opportunities for personal growth, education, and skills training.

Critics of the Three-Strikes Law often highlight the importance of addressing the underlying issues that contribute to repeat offenses. By investing in rehabilitation programs, society can potentially break the cycle of criminal behavior and foster positive change in the lives of those who have run afoul of the law.

Collateral Consequences for Offenders

In addition to the direct legal consequences, habitual offenders facing the Three-Strikes Law in El Paso County may encounter significant collateral consequences. These repercussions extend beyond the immediate penalties imposed by the court and can impact various aspects of an individual’s life.

Employment opportunities may be severely limited for those with a history of multiple convictions. Background checks conducted by employers can reveal a candidate’s criminal record, making it challenging for habitual offenders to secure gainful employment. Housing options may also be restricted, as landlords often conduct similar background checks before approving lease applications.

Family dynamics can be strained as well, with the extended periods of incarceration associated with the Three-Strikes Law potentially leading to the breakdown of familial relationships. The emotional toll on both the offender and their loved ones can be profound, emphasizing the need for a comprehensive and compassionate approach to criminal justice.

El Paso County’s Three-Strikes Law serves as a stern deterrent against habitual offenders, emphasizing the severity of consequences for those with a history of serious or violent crimes. As individuals find themselves grappling with the potential implications of this law, seeking legal representation becomes paramount. The Bussey Law Firm, P.C. stands ready to assist clients in understanding their rights, building a robust defense, and navigating the complexities of the legal landscape in El Paso County. If you or a loved one is facing charges under the Three-Strikes Law, contact us today for strategic and knowledgeable legal support. Your future may depend on it.

The post El Paso County, CO Three-Strikes Law and Habitual Offenders appeared first on Colorado Springs Attorneys.

In the picturesque landscape of Teller County, Colorado, nestled amid the majestic Rocky Mountains, the need for legal representation in criminal matters is as real as the natural beauty that surrounds it. When facing criminal charges, the guidance and advocacy of a seasoned criminal defense attorney become invaluable. The Bussey Law Firm, P.C., understands the unique challenges posed by the legal landscape in Teller County and the critical role that a criminal defense attorney plays in safeguarding the rights and interests of individuals entangled in the criminal justice system.

Understanding the Legal Terrain

Teller County, known for its tight-knit communities and vibrant outdoor activities, may seem idyllic, but legal challenges can arise unexpectedly. Criminal charges can range from misdemeanors to felonies, and the consequences can be severe, impacting every facet of a person’s life. Navigating the legal terrain requires a deep understanding of both state and local laws, as well as an appreciation for the specific dynamics of Teller County’s legal system.

Legal Experience in Teller County Criminal Defense

The criminal justice system is complex, and defending against criminal charges demands a nuanced understanding of the law. The Bussey Law Firm, P.C., boasts a team of seasoned criminal defense attorneys who bring a wealth of experience to the table. With a focus on Teller County, these attorneys are well-versed in the local legal landscape, having successfully represented clients in a wide array of cases, from DUI offenses to drug crimes and beyond.

Customized Strategies for Individual Cases

Every criminal case is unique, and cookie-cutter approaches simply won’t suffice. The Bussey Law Firm, P.C., recognizes the importance of tailoring legal strategies to the specific circumstances of each case. Whether it’s negotiating with prosecutors for reduced charges, building a robust defense for trial, or exploring alternative resolutions, the firm’s attorneys craft strategies that align with the unique needs and goals of their clients.

Protecting Your Rights

A fundamental tenet of the U.S. legal system is the protection of individual rights, and this is especially crucial in criminal cases. The Bussey Law Firm, P.C., takes pride in its commitment to safeguarding the rights of its clients. From ensuring due process to challenging evidence obtained unlawfully, the attorneys at the firm are dedicated to providing a staunch defense against any encroachment on their clients’ rights.

Local Insight, Global Perspective

While rooted in Teller County, the Bussey Law Firm, P.C., brings a global perspective to its practice. The firm’s attorneys understand that the implications of a criminal conviction can extend far beyond local boundaries. Whether dealing with out-of-state clients or cases with interstate ramifications, the firm’s attorneys leverage their local insight and global perspective to provide comprehensive legal representation.

Responsive and Accessible Legal Counsel

Facing criminal charges is inherently stressful, and individuals need legal counsel they can rely on. The Bussey Law Firm, P.C., prides itself on being responsive and accessible to clients. Recognizing the urgency of legal matters, the firm ensures that clients have direct access to their attorneys and are kept informed throughout the legal process. This commitment to client communication fosters trust and ensures that clients are empowered to make informed decisions about their cases.

Requirements for a Criminal Defense Attorney in Teller County, CO

To effectively navigate the intricacies of Teller County’s legal system, criminal defense attorneys must meet specific requirements. While formal qualifications are essential, the ability to navigate the local legal culture and establish rapport with key stakeholders is equally crucial.

In-Depth Knowledge of Colorado Criminal Law

A criminal defense attorney in Teller County must possess a comprehensive understanding of Colorado criminal law. From statutes defining offenses to precedents set by appellate courts, a strong grasp of the legal framework is essential. The Bussey Law Firm, P.C., ensures that its attorneys are well-versed in both state and local laws, providing clients with a formidable defense grounded in legal experience.

Familiarity with Teller County Court Procedures

Each county may have unique court procedures, and Teller County is no exception. A criminal defense attorney must be intimately familiar with the local court system, from filing procedures to courtroom etiquette. This familiarity allows attorneys to navigate the legal process seamlessly, contributing to the efficient resolution of cases.

Relationship Building within the Legal Community

Establishing strong relationships within the legal community is paramount for a criminal defense attorney in Teller County. Whether it’s dealing with prosecutors, judges, or fellow defense attorneys, cultivating professional relationships can positively influence case outcomes. The Bussey Law Firm, P.C., takes pride in its attorneys’ ability to navigate the local legal landscape with a blend of legal acumen and interpersonal skills.

Understanding the Local Culture and Community Dynamics

Teller County has a unique cultural identity, and understanding the local culture and community dynamics is essential for a criminal defense attorney. This understanding goes beyond legal procedures and extends to the nuances of local sentiment. The Bussey Law Firm, P.C., values the importance of this cultural insight, recognizing its role in building trust with clients and effectively advocating on their behalf.

Proven Track Record in Teller County Criminal Defense

Experience is a key factor in evaluating the effectiveness of a criminal defense attorney. The Bussey Law Firm, P.C., stands out with its proven track record in Teller County criminal defense. With a history of successful case outcomes, the firm’s attorneys have demonstrated their ability to navigate the local legal landscape and secure favorable results for their clients.

In the face of criminal charges, securing a dedicated and knowledgeable criminal defense attorney is not just a choice; it’s a necessity. The Bussey Law Firm, P.C., stands ready to provide the steadfast legal representation individuals need in Teller County, Colorado. If you or a loved one is facing criminal charges, don’t navigate the legal terrain alone. Contact the Bussey Law Firm, P.C., today to schedule a consultation and take the first step towards a robust defense tailored to your unique case. Your rights and future deserve nothing less than the experience and commitment that define the Bussey Law Firm, P.C.

The post The Role of a Criminal Defense Attorney in Teller County, CO appeared first on Colorado Springs Attorneys.

What is the Statute of Limitations?

The statute of limitations is a legal principle that sets a time limit within which criminal charges must be filed against a defendant after the alleged crime occurred. Its purpose is to ensure that prosecutions are brought in a timely manner, allowing defendants to have a fair trial and protecting them from the potential for indefinite legal jeopardy.

The specific timeframes for the statute of limitations can vary widely depending on the nature of the crime and the jurisdiction. In Colorado, these time limits are defined by state law and can differ from other states.

Statute of Limitations in Teller County, Colorado:

In Teller County, as well as throughout Colorado, the statute of limitations for criminal charges can be broken down into categories based on the severity of the offense. Here are some of the most common categories and their respective timeframes:

Class 1 Felonies

There is no statute of limitations for Class 1 felonies, which are the most serious offenses in Colorado. This includes crimes like murder in the first degree.

Class 2 through Class 6 Felonies

For Class 2, 3, 4, 5, and 6 felonies, the statute of limitations is typically three years from the date the crime was committed. These crimes cover a wide range of offenses, from theft to assault.

Misdemeanors

Misdemeanors are less severe offenses compared to felonies. In Teller County, the statute of limitations for most misdemeanor charges is 18 months.

Sexual Assault and Child Abuse

There is no statute of limitations for sexual assault and child abuse cases involving a victim who was under the age of 18 at the time of the offense.

Forgery, Fraud, and Identity Theft

These offenses have a statute of limitations of three years in Teller County, Colorado.

It’s important to note that there are exceptions and specific circumstances that can extend or alter these timeframes. For instance, if new evidence comes to light, the clock may be reset.

The Importance of Understanding the Statute of Limitations:

Understanding the statute of limitations is crucial, whether you are a victim seeking justice or a defendant concerned about potential charges. For victims, it is important to be aware of these time limits to ensure that you report a crime within the applicable window. For defendants, knowing the statute of limitations can help you understand your legal rights and potential defenses.

Teller County, Colorado, like any other jurisdiction, has specific statutes of limitations in place for various criminal charges. These time limits are designed to strike a balance between allowing for the prosecution of crimes while ensuring that defendants are not unfairly subjected to prolonged legal uncertainty. Understanding these statutes is essential for anyone involved in the criminal justice system, be it victims, witnesses, or defendants. If you have specific legal concerns or questions about the statute of limitations in Teller County, it is advisable to consult with a qualified attorney who can provide personalized guidance based on your situation.

When facing criminal charges in Colorado, you need a dedicated legal team with the experience, knowledge, and commitment to vigorously defend your rights. At The Bussey Law Firm, P.C., we are here to stand by your side, providing you with the support and representation you deserve during this challenging time. Let us explain how our firm can help you navigate your criminal case in the state of Colorado.

Experience in Colorado Criminal Law

Our team of seasoned criminal defense attorneys is well-versed in Colorado’s complex legal landscape. We have a deep understanding of Colorado statutes, case law, and local court procedures, allowing us to build strong, tailored defenses for our clients.

Customized Legal Strategies

No two criminal cases are alike. We take the time to thoroughly review the details of your case, assess the evidence, and identify any potential weaknesses in the prosecution’s arguments. This personalized approach enables us to craft effective legal strategies that are tailored to your specific circumstances.

Protection of Your Rights

We are staunch advocates for your constitutional rights. We ensure that law enforcement officials have followed proper procedures during your arrest and investigation. Any violations of your rights will be vigorously challenged in court.

Negotiation and Plea Bargaining

If it is in your best interest, we will engage in skillful negotiation with the prosecution to secure favorable plea bargains or reduced charges. Our goal is to achieve the best possible outcome for your case, whether that means dismissal, reduced penalties, or an alternative sentencing arrangement.

Trial Defense

If your case proceeds to trial, you can trust us to provide you with a strong and zealous defense. Our trial lawyers are experienced in the courtroom and will vigorously represent your interests, presenting a compelling case to the judge and jury.

Comprehensive Legal Support

We handle a wide range of criminal cases, from DUI and drug offenses to assault and domestic violence charges. Our comprehensive legal support extends to both misdemeanor and felony cases, ensuring that you receive the attention and representation you deserve, no matter the severity of your charges.

Responsive and Supportive Team

We understand that facing criminal charges is a stressful and emotional experience. Our team is here to provide compassionate support and clear communication every step of the way. We are readily available to answer your questions and address your concerns.

At The Bussey Law Firm, P.C., we are committed to protecting your rights and fighting for your future. If you find yourself charged with a criminal offense in Colorado, don’t face it alone. Our experienced attorneys have a proven track record of success and are ready to leverage our experience to help you achieve the best possible outcome for your case. Contact us today for a confidential consultation, and let us begin building your strong defense. Your future is worth protecting, and we are here to help you every step of the way.

The post Teller County, Colorado’s Statute of Limitations for Criminal Charges appeared first on Colorado Springs Attorneys.

To protect your rights, it is critical to understand the Fourth Amendment, your rights during police encounters, and how to recognize unconstitutional searches and seizures. We will also emphasize the pivotal role of a criminal defense attorney in upholding your rights.

The Fourth Amendment and Search and Seizure

The Fourth Amendment serves as a cornerstone of protection against unreasonable searches and seizures by law enforcement. It establishes a legal framework that governs when and how police officers can conduct searches. Crucially, it distinguishes between searches that are considered reasonable under the law and those that are not.

Your Rights During Police Encounters

Understanding your rights during interactions with law enforcement is vital. When approached by the police, remember that you have several specific constitutional rights, including:

• Right to Remain Silent: According to the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not answer any questions beyond identifying yourself. You are not obligated to provide self-incriminating information.
• Right to Refuse Consent to Search: In Schneckloth v. Bustamonte, 412 U.S. 218 (1973), the U.S. Supreme Court held that you have the right to refuse consent to a search if the police do not possess a valid search warrant. You can politely but firmly assert your right to refuse a search.
• Right to Legal Counsel: Under the Sixth Amendment, you have the right to request an attorney. You can ask for legal representation if you believe your rights are being violated.

Maintaining a calm and composed demeanor when interacting with law enforcement officers is important. It is best to avoid actions or statements that could escalate the situation or create a contentious environment. If you feel your rights are being violated, exercising your right to remain silent is recommended. It is advisable to refrain from providing any information that could be used against you until you have the presence of legal counsel.

By understanding and asserting these specific constitutional rights, you can protect yourself during encounters with the police and ensure that your rights are respected.

Recognizing Unconstitutional Searches and Seizures

Unconstitutional police searches and seizures can take various forms. One common scenario is a warrantless search, where law enforcement conducts a search without a valid warrant. Pretextual stops, where officers use a minor violation as a pretext to investigate other matters, can also be problematic. Additionally, racial profiling is a grave concern when it comes to unconstitutional conduct by law enforcement.

Recognizing signs of unconstitutional behavior can be challenging, especially in the heat of the moment. However, it’s essential to be aware of your rights and to document the encounter as accurately as possible. Remember, your behavior should prioritize safety and compliance with the law while asserting your rights.

The Role of a Criminal Defense Attorney

If you believe your rights have been violated during a police encounter, it is imperative to consult with a criminal defense lawyer immediately. An experienced attorney can be your advocate in challenging unconstitutional searches and seizures in court. They possess the legal knowledge and skill to examine the circumstances of your case, identify rights violations, and build a strong defense.

In cases where evidence has been unlawfully obtained, a skilled attorney can file a motion to suppress the evidence. If successful, this motion can lead to a reduction in charges or even the dismissal of your case.

In conclusion, understanding your rights under the Fourth Amendment is paramount when dealing with police searches and seizures. Awareness of your rights during encounters with law enforcement, recognizing signs of unconstitutional behavior, and seeking legal representation are essential steps to protect your constitutional freedoms.

We’re Here to Fight for Your Rights

If you ever believe your rights have been violated, don’t hesitate to consult with a criminal defense attorney who can provide guidance and advocate for justice on your behalf.

Protect your rights with The Bussey Law Firm, P.C. Head attorney Timothy Bussey received a 2023 Gold Client Champion award from Martindale-Hubbell and was named one of the top attorneys in Colorado for 2022 by Colorado Springs Style magazine.

Your rights matter, and they deserve protection— call (719) 475-2555 for a free consultation today.

The post Unconstitutional Police Search and Seizure: Know Your Rights appeared first on Colorado Springs Attorneys.

Elements of Hit-and-Run

The crime of hit-and-run requires proof of the following elements:

• The accused was involved in a motor vehicle collision.
• The collision caused damage to another person’s property or otherwise injured or killed another person.
• The accused knowingly fled the scene of the collision without stopping.
• The accused failed to provide the required information to the injured party or owner of the damaged property or failed to leave a note with their contact information in a conspicuous place.

Understanding the elements of the crime will give defendants a better grasp on how to defend against hit-and-run charges.

Lack of Knowledge or Intent

In some hit-and-run cases, drivers may have been entirely unaware that they were involved in an accident. The defense can argue that the driver lacked knowledge of the collision, thus negating an essential element of the crime. This defense underscores the importance of proving the driver’s genuine ignorance of the accident.

Consider a scenario where a driver failed to notice a minor collision due to distractions or external factors. In such cases, demonstrating the driver’s lack of awareness can be a powerful defense strategy. Legal precedents support this defense, such as cases where the driver’s lack of intent was proven beyond a reasonable doubt.

Mistaken Identity

Mistaken identity can play a pivotal role in hit-and-run cases. Defense attorneys often challenge the accuracy of witness statements or evidence linking the defendant to the accident. Mistaken identity can occur due to various factors, such as poor lighting, confusion, or the natural fallibility of human memory.

Successful defenses have hinged on the prosecution’s case being built on shaky identification. Cases where witnesses later admitted to inaccuracies in their testimony or where surveillance footage contradicted eyewitness accounts demonstrate the importance of a strong defense rooted in challenging mistaken identity.

Lack of Evidence

The weight of evidence is paramount in any legal battle, and hit-and-run cases are no exception. Defense lawyers can challenge the sufficiency or credibility of the evidence presented by the prosecution. This includes questioning the reliability of witness testimony, forensic analysis, and the accuracy of surveillance footage.

Building a solid defense involves scrutinizing the prosecution’s evidence meticulously. Cases have been won because the evidence presented was insufficient or lacked credibility. In essence, a robust defense strategy seeks to cast doubt on the prosecution’s case.

Cooperation with Authorities

Cooperation with law enforcement can be a powerful defense strategy. Reporting the accident promptly or contacting authorities shortly after the incident can reflect positively on a defendant’s intent. It can demonstrate a willingness to take responsibility for one’s actions, potentially leading to more favorable outcomes.

Experienced criminal defense attorneys can be crucial in negotiating with authorities on the defendant’s behalf. They can advocate for leniency based on the defendant’s cooperation and willingness to resolve the matter responsibly.

Mitigating Circumstances

Mitigating circumstances can also be a strong defense strategy in hit-and-run cases. These circumstances involve factors that, while not justifying the hit-and-run, provide context for the defendant’s actions. For example, a driver may have panicked due to a history of trauma or prior accidents, making them more prone to fleeing the scene.

Highlighting these circumstances can humanize the defendant and make the case less black and white. Judges and juries may be more lenient if they understand the underlying factors contributing to the defendant’s actions.

Protect Your Rights with The Bussey Law Firm, P.C.

Facing hit-and-run charges is undeniably challenging, but it’s important to remember that legal defenses are available to protect your rights and interests. If you find yourself in this situation, seeking experienced legal counsel is paramount. At The Bussey Law Firm, P.C., our Colorado Springs attorneys can assess the specifics of your case and determine the most effective defense strategy for your circumstances.

Discover why The Bussey Law Firm, P.C. is recognized for excellence—call (719) 475-2555 for a free case review today.

The post Facing Hit-and-Run Charges? Here Are Some Common Defenses appeared first on Colorado Springs Attorneys.

Senate Bill 279, signed into law by Governor Jared Polis on June 2, 2023, closes a loophole that allowed people to own and purchase so-called “ghost guns,” which can be assembled at home. Ghost guns are unregistered and untraceable by law enforcement.

Recent shootings involving ghost guns in Colorado and across the nation have heightened awareness about the dangers posed by these firearms. According to the ATF, the use of ghost guns in crimes has risen 1000 percent since 2017.

What Is a Ghost Gun?

Gun frames or receivers include essential components that allow a firearm to function, including the barrel and firing mechanism. Federal law requires gun manufacturers to put serial numbers on frames and receivers.

Although the law requires manufacturers to place serial numbers on firearms, the federal government doesn’t regulate most gun parts. This loophole makes it possible for people to own ghost guns, which can be assembled at home from kits or using a 3D-printed. These firearms don’t have a serial number.

Ghost guns make it possible for people to evade background checks when purchasing a firearm. They also prevent law enforcement officials from tracking a gun’s origins.

The new Colorado law includes the following provisions:

• A mandatory three-day waiting period for all gun purchases
• Raises the minimum age for buying guns from 18 to 21
• Designates machine gun conversion devices as “dangerous weapon”
• Prohibits knowingly possessing, selling, receiving, offering to sell, or transporting unfinished gun frames or receivers without a serial number
• Prohibits knowingly selling, receiving, offering to sell, transferring, purchasing, or owning a firearm that is not imprinted with a serial number
• Expands red flag laws that allow teachers, prosecutors, and medical professionals to petition a judge for the temporary seizure of someone’s firearms

Strict New Ghost Gun Penalties

Federal law prohibits dealers from selling firearms to felons and people deemed mentally unfit to own a gun. Colorado law restricts gun ownership for anyone convicted of a violent misdemeanor in the last five years, and court orders relating to domestic violence or a serious mental condition may also restrict gun rights.

Ghost guns allow people who would be legally unable to purchase a firearm to evade a background check. These devices generally cost around $500, but they may be purchased for less than $200.

Ghost guns were involved in the Club Q shooting in Colorado Springs that resulted in five fatalities and the East High School shooting, where the shooter was 17 years old.

If you own a firearm that doesn’t have a serial number, you must get it serialized by a registered gun dealer no later than January 1, 2024. Dealers are required to run a background check before serializing a firearm.

Unlawful conduct involving an unsterilized firearm is a class 1 misdemeanor, carrying a penalty of up to 364 days in jail.

Subsequent offenses are a class 5 felony, carrying up to three years in jail.

The new law also prohibits the Colorado Bureau of Investigation from approving a firearm transfer to a person convicted of a misdemeanor for unlawful conduct involving an unserialized firearm, frame, or receiver in the last five years.

Protecting Your Rights in Colorado

The Bussey Law Firm, P.C. has been safeguarding the rights of Colorado citizens for over 25 years. Our Colorado Springs weapons violation attorneys will fight aggressively for your best interests. In fact, founding attorney Timothy Bussey prevailed in a landmark gun rights case he argued in front of the Colorado Supreme Court.

Timothy Bussey received a Gold Client Champion Award from Martindale-Hubbell and was featured in Super Lawyers Magazine. He is also recognized as a Fellow by the Litigation Counsel of America.

Call (719) 475-2555 to learn more today.

The post Breaking Down Colorado’s New Anti-Ghost Gun Law appeared first on Colorado Springs Attorneys.

interchangeably. But when it comes to the law, these terms have distinct definitions. They describe two different types of actions, and it’s important to understand the legal penalties and criminal implications of these crimes.

An easy way to remember the basic distinction between the words is to think that buildings are burglarized and people are robbed. Because robbery always involves violence or the threat of violence, the legal penalties are usually more harsh for robbery than burglary. Although, both crimes can result in serious jail time.

If you have been charged with burglary or robbery, you’ll want to speak with an experienced Colorado criminal defense attorney right away to help protect your rights and freedom.

What Is Burglary?

Burglary is knowing and deliberately taking or damaging something that belongs to someone else. At the time of the burglary, the object must be located inside a building, residence, vehicle, locked container, or some other type of property.

Having the intent to steal or damage something is a key element of burglary. If someone inadvertently picks up your cell phone after entering your home, they aren’t guilty of burglary. On the other hand, if someone breaks into your car and intentionally takes your phone, that would definitely qualify as burglary.

When the police discover a person trespassing on somebody else’s property and the suspect can’t provide a believable reason for being there, the police may charge the trespasser with burglary, even if there isn’t any evidence that the property has been removed or damaged.

A person may be charged with burglary after forcing their way into a vehicle or structure or for remaining inside a home or business without permission after legally entering the premises.

The two key elements of burglary are:

1. Illegal entry or remaining unlawfully
2. The intent to commit theft or criminal mischief (damaging, defacing, or breaking someone else’s property)

Burglary becomes much more serious when other people are present. A burglary can escalate into a home invasion when a burglar comes upon the property’s residents. Penalties for burglary are determined by the potential for harm to the people who are present as well as the type of objects that are taken.

Burglary is considered a Class 2 misdemeanor if a person knowingly violates a written notice by a store owner or a court order restraining them from entering a particular retail location. It carries up to 120 days in jail and fines of up to $750.

Penalties for burglary in Colorado include:

• Third-degree burglary — Breaking into a locked box vault, safe, coin vending machine, or cash register carries up to 364 days in jail and fines up to $1,000.
• Second-degree burglary —Breaking an entrance or unlawfully remaining in a building or occupied structure with intent to commit a crime against a person or property carries up to 12 years in prison and fines up to $750,000.
• First-degree burglary — Assaulting or menacing a person, being armed with a weapon or explosives, or possessing or threatening to use a weapon while on the property where the burglary takes place carries up to 24 years in prison and fines of up to $1 million. Penalties increase to up to 48 years in prison for first-degree burglary of a controlled substance.

What Is Robbery?

Robbery involves the use of force or the threat of violence to take away personal property when the act occurs in the victim’s presence. The victim of a robbery doesn’t have to be the owner of the property that’s being robbed. It’s only considered robbery if the victim is subjected to force, threats, or intimidation.

In many cases, it may be difficult to determine if the alleged victim of a robbery was subject to threats or intimidation. For example, if someone carrying a large screwdriver walks into a store and takes a can of soda without paying for it, he may be a shoplifter, or perhaps he simply forgot to pay for his soda. But if the clerk feels threatened, police may charge the alleged perpetrator with burglary.

Unlike burglary and other types of theft, punishment for robbery does not depend on the value of the goods that were stolen. That’s because the key element in a robbery is an act of violence or the threat of violence.

Penalties for robbery in Colorado include:

• Simple robbery — Knowingly taking something of value in the presence of another using threats, force, or intimidation is a Class 4 felony that carries 4 to 12 years in prison and fines up to $500,000.
• Aggravated robbery — A robbery that involves the use or threats to use a deadly weapon carries up to 32 years in prison and fines up to $750,000.
• Aggravated robbery of a controlled substance — This is a Class 2 felony that carries a maximum prison sentence of 48 years and fines up to $1,000,000.

Legal Defenses for Burglary and Robbery in Colorado

The penalties for burglary and robbery can be severe. But even when the evidence against the suspect appears strong, there are legal defenses that can be effective. These cases are often winnable if you have the right attorney, someone who knows how to explain the circumstances in a way that justifies your behavior. A skilled lawyer can exclude potentially damaging evidence against you.

Effective legal defenses for burglary or robbery include:

• Someone gave you the object
• You were unarmed
• You were borrowing the object
• You didn’t take anything of value
• You had permission to be on the property
• You didn’t threaten anyone
• You didn’t intend to use a weapon
• Your rights were violated by the police
• Police committed an illegal search and seizure
• You didn’t know you were unlawfully on the property
• The alleged victim misunderstood your intentions
• You didn’t enter or remain on the property intending to commit a crime

Were You Charged with a Serious Crime?

The Bussey Law Firm, P.C. has been fighting for the rights and freedom of people in Colorado for over 25 years. Our Colorado Springs attorneys have the knowledge, experience, and resources to build the strongest possible defense so that you can face your charges with confidence.

Founding attorney Timothy Bussey is one of the leading criminal defense attorneys in Colorado and prevailed in a landmark criminal defense case he argued in front of the State Supreme Court. He has received the Gold Client Champion Award from Martindale-Hubbell and was featured in Super Lawyers Magazine.

Call (719) 475-2555 to schedule a FREE consultation today.

The post Burglary vs. Robbery in Colorado Criminal Law appeared first on Colorado Springs Attorneys.

What Is Criminal Trespassing?

In Colorado, criminal trespass can be defined as knowingly and unlawfully entering or remaining on someone else’s property. This crime is charged in three different degrees, depending on the type of property and the reason for entering or remaining:

• First-degree criminal trespass: A person who knowingly and unlawfully enters or remains in the dwelling or motor vehicle of another with the intent to commit a crime can be charged with first-degree criminal trespass.
• Second-degree criminal trespass: This crime involves unlawfully entering or remaining on 1) someone else’s premises that have been fenced or enclosed in a manner designed to exclude intruders; 2) common areas of an apartment building, condominium, hotel, motel; or 3) the motor vehicle of another.
• Third-degree criminal trespass: A person who unlawfully enters or remains in or upon another person’s premises commits third-degree criminal trespass. It is usually charged when the property is not a dwelling and not fenced or enclosed in a manner designed to keep intruders out.

What Is Civil Trespassing?

Civil trespass involves intrusion on the property rights of another, which can give rise to a lawsuit in civil court. The first element is physical intrusion, which does not necessarily mean setting foot on someone else’s property. Civil trespass can occur when someone sets in motion a force that, in the usual course of events, can damage the property of another, such as water pollution. The intrusion must be intentional, but it does not have to be willful. In other words, the act was intentional, but the person who committed it may not have intended to trespass.

What Is the Importance of Intent and State of Mind?

Intent and state of mind are important elements of many crimes. To convict you of first-degree criminal trespass, the prosecution must prove that you unlawfully entered the dwelling or motor vehicle of another with the intent to commit a crime. Without intent, it is not criminal trespass in the first degree. With civil trespass, as well, the act that resulted in intrusion on the premises of another must have been intentional.

What Are the Penalties for Criminal Trespass?

First-degree criminal trespass is usually charged as a Class 1 misdemeanor, with penalties that may include up to 364 days in jail and/or a fine of up to $1,000. For trespassing on an occupied or inhabited dwelling, this crime is charged as a Class 6 felony which carries one year to 18 months in prison and/or a fine of $1,000 to $100,000.

When it involves a motor vehicle, second-degree criminal trespass is a Class 2 misdemeanor, punishable by a jail sentence of up to 120 days and/or a fine of up to $750. When it occurs on land Classified as agricultural with intent to commit a felony, it is a Class 4 felony, with penalties that may include two to six years in prison, a fine of $2,000 to $500,000, or both. Otherwise, it is prosecuted as a petty offense, punishable by jail time of up to 10 days and/or a fine of up to $300. The same penalties apply to third-degree criminal trespass.

Have a Proven Colorado Criminal Defense Lawyer on Your Side

For over 25 years, The Bussey Law Firm, P.C. has been dedicated to defending the rights of clients across Colorado. Our elite Colorado Springs team includes investigators, case managers, and support to develop the strongest possible defense. We are committed to providing the responsive and knowledgeable legal assistance you need during this difficult time.

If you are facing criminal trespass charges, you are within your rights to take legal action. We will do everything in our power to help you get the justice you deserve and protect your rights every step of the way.

Call a Colorado Springs trespassing defense lawyer at (719) 475-2555 to schedule a free initial consultation.

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