Month: March 2018

What Are Mandatory Arrest Laws in Domestic Violence Cases?

What Are Mandatory Arrest Laws in Domestic Violence Cases?

Colorado is known for having some of the toughest domestic violence laws in the country. These crimes are aggressively prosecuted, and anyone who is convicted of domestic violence will face serious consequences. For these reasons, it’s important to understand exactly what domestic violence is and how mandatory arrest laws will affect your case.

What is Domestic Violence?

Domestic violence is any act of physical violence or threatened act of violence directed at someone with whom the accused has an intimate relationship with, such as a spouse, ex-spouse, roommate, or any relative, either by blood or marriage. Damaging property belonging to these individuals can also be considered domestic violence if the defendant’s intent was to intimidate, control, or punish the victim.

What Are Mandatory Arrest Laws?

The state of Colorado has mandatory arrest laws that apply to domestic violence cases. This means a law enforcement officer who responds to a call about domestic violence must immediately arrest the accused aggressor if the officer has probable cause to believe a crime has been committed.

For example, let’s say a married man and woman get into a heated argument, and the man pushes the woman out of the way to storm past her. In the heat of the moment, the woman decides to call the cops to teach her husband a lesson, but after hanging up the phone, he apologizes to his wife and she instantly regrets calling the police.

Even though the couple has made up, the police officers are still on their way, and once they arrive, they will start to question both parties to find out what happened. If either party admits that the argument briefly became physical, or if the officers find other evidence of a physical fight, the officers have no choice but to arrest the husband.

The husband will still be arrested even if the woman does not want him to be or attempts to downplay the incident. As long as the officers have probable cause to believe domestic violence occurred, they must make an arrest.

The state enacted these laws in order to take a tough stance on domestic violence. But unfortunately, these laws often lead to innocent people facing criminal charges for a minor, isolated incident that occurred in a heated moment.

Have you been accused of committing domestic violence? If so, get in touch with the criminal defense attorneys at Reisch Law Firm today. Being labeled as a domestic abuser can affect many areas of your life, so we will fight tirelessly for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Can You Be Charged With Drug Possession With the Intent to Sell?

When Can You Be Charged With Drug Possession With the Intent to Sell?

Everyone knows that it is a crime to be in the possession of cocaine, heroin, methamphetamine, and other controlled substances. But, many people are not aware that being in possession of controlled substances can often lead to more serious criminal charges of drug possession with the intent to sell.

Drug Possession vs. Drug Possession With the Intent to Sell

A person who is charged with drug possession is being accused of simply having controlled substances in his possession that he intended on using himself. However, if law enforcement believes that the drugs in the person’s possession were going to be sold to other people, they will charge the accused with possession with the intent to sell. Therefore, the difference between these two crimes boils down to who was planning on using the drugs.

When Can You Be Accused of Having the Intent to Sell?

Law enforcement officers cannot read your mind, so they will look for evidence that can be used to prove that you did not plan on keeping the drugs for yourself. One factor that will be taken into consideration is the amount of controlled substances in your possession. If you only had a small amount in your possession, law enforcement will assume that you intended on using the controlled substances. However, if you are found with a large amount of a controlled substance, officers may assume that the drugs were going to be sold.

The amount of controlled substances in your possession is not the only factor that will be considered. Law enforcement officers will also look for evidence that you were preparing to sell controlled substances, such as digital scales or small bags that can be used to package small amounts of drugs. People who sell controlled substances use scales and small bags to weigh and package the drugs for their customers, so this evidence could be used to prove your intent.

You can also be charged with possession with the intent to sell if emails, texts, or posts on social media indicate that you were advertising your services or arranging to meet with customers.

Being charged with any type of drug crime can be nerve-wracking, but try to remember that a criminal charge does not always lead to a conviction.

If you have been accused of drug possession with the intent to sell, contact Reisch Law Firm today. This is a serious crime, but it is not indefensible. Let our criminal defense attorneys look for weaknesses in the prosecution’s case so we can defend you against these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.