The phrase weapons charges encompass many criminal violations, including assault with a deadly weapon, possession of a weapon by a previous offender (POWPO), charges involving concealed weapons, and even some drug crimes where a weapon may have been involved or even merely present.
If a gun or other weapon was involved in the case, the consequences of the crime are increased dramatically. One example is Colorado’s Special Offender law, which provides that when a drug offense is committed and a deadly weapon also is present on the defendant’s person or within his immediate reach during the commission of said drug offense, or when the defendant or his confederate possess a firearm either to which they had access to that firearm in a manner posing a risk to others or simply is present in a vehicle during the commission of a drug offense, then special offender charges can be brought against said defendant. Special offender charges constitute a class 2 felony, and thus are a very serious matter.
Even if a crime is not being committed, possession of a deadly weapon by a prior offender also is a very serious offense. A person commits the crime of POWPO when they knowingly use, possess, or carry upon his or her person a firearm, subsequent to their conviction for a felony, in any state, including Colorado. These charges are serious and can be brought alongside charges such as robbery or drug charges. One possible defense to a POWPO charge is possession of a firearm at the defendant’s home for purposes of self-defense.
A Denver DUI arrest centers on two numbers: the roadside device reading and the station machine reading. Most people assume both are final. At the Law Office of Kimberly Diego, you can work with a Denver DUI defense attorney who understands that both readings can be challenged, and that the strongest defenses are built by reading the paper trail behind the numbers.
The Roadside Breathalyzer and the Station Test Are
If you violate probation in Colorado, your probation officer files a complaint with the court, and a revocation hearing is scheduled before a judge, not a jury. The burden of proof is lower than in a criminal trial, and the range of outcomes is wider than most people expect. The Law Office of Kimberly Diego defends people facing probation violation allegations throughout Denver and surrounding Colorado courts.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
