Colorado Criminal Law Guide blogs

Black & Graham's Senior Defense Partner Clifton Black Provides Zealous Representation for his Clients Throughout Colorado!

Clifton L. Black — Tue, 23 Feb 2016 23:48:26 +0000

Our senior defense partner Cliff Black obtained a dismissal today for a felony case in the Northern part of Colorado. Several people were charged with illegal cultivation of marijuana after another attorney incorrectly advised them that their business model was legal under the Colorado’s marijuana laws. Out of the 5 people that were arrested, 4 of the defendants accepted plea negotiations based on the advice of their attorneys. Cliff advised his client that he had legal defenses. Cliff worked diligently with the prosecutor to show that his client had no intent to commit a violation under Colorado’s criminal statutes, and that regardless of his client’s intent, the client renounced his actions. Renunciation of Criminal Purpose is a defense that is seldom used and rarely successful. Through negotiations however, the prosecution agreed that with the defenses Cliff presented, the likelihood of obtaining a conviction against his was highly unlikely, and dismissed the action.

If you would like to learn more about our free defense consultations, contact our office at 719-328-1616 and one of our staffers will be happy to assist you!

Record Sealing in Colorado Springs

Amy Oberholser — Mon, 22 Feb 2016 22:54:59 +0000

All criminal court records are open to the public. This means that anyone can go to the records department at the local court house and research whether someone has been charged and/or convicted of a crime. The great news is the you maybe eligible to have your case sealed. Sealing your case is when a court file is unseen from the general public.

How do I know if I am eligible to seal my case?

The following Colorado Revised Statues are researched by the law firm of Black and Graham to verify whether you are eligible to file a Petition to Seal:

· Sealing of Arrest and Criminal Records Other than Convictions, C.R.S. 24-72-702;

· Sealing of Criminal Conviction Records, C.R.S. 24-72-703;

· Sealing of Criminal Conviction Records Involving Controlled Substances, C.R.S. 24-72-704 and 24-705;

· Sealing of Criminal Conviction Records Involving Petty Offenses and Municipal Offenses, 24-72-708;

· Expungement of Juvenile Records, C.R.S. 19-1-306;

· Sealing Underage Alcohol, C.R.S. 18-13-122.

How does the firm of Black and Graham seal your case?

By petitioning the Court and explaining why the petitioner (you) believe that sealing your case is necessary and that it adversely affects your lifestyle. Does the reason outweighs the public interest in retaining your records? If you are able to provide considerable reasons for the request to seal your case then filing a petition may be right.

Ultimately, meeting with an attorney from Black and Graham is helpful to explore and discuss what prejudice you face because of your prior conviction. Failure to demonstrate prejudice would cause the Court to deny your request to seal your case. A denial would mean that the Court finds no reason to have your case sealed.

Sometimes waiting to seal your case is preferred, and advantageous. Discussing and understanding the sealing process is important as there may be limitations on the types of convictions that may be sealed and understanding the applicable laws could guide you in preparing the appropriate petition and also whether to anticipate the judge granting you relief or denying your petition.

When assisting clients with the potential sealing of their records, our firm researches where you were charged and convicted, and petition the District Court by filing a civil case in the county in which your criminal arrest and/or criminal records are filed. This applies to Petitions to Seal Municipal Court cases matters too.

Upon the filing of a petition, the court would review the petition and determine whether the petition is proper and necessary.

The process may be long and perplexing. Scheduling an initial consultation with one of our veteran defense attorneys to evaluate your prior case may be worthwhile! Call me today at (719) 328-1616, to schedule your initial consultation. We look forward to hearing from you!

Victories for Defense Attorney Clifton Black!

Clifton L. Black — Sun, 31 Jan 2016 23:18:42 +0000

Productive day for senior partner Clifton Black, first having a misdemeanor dismissed in municipal court, then reaching an agreement with a District Attorney in the Denver metro area to dismiss a probation revocation. The probation revocation could've resulted in a felony conviction, which likely would've also resulted in loss of employment, and a potential prison sentence for our client.

If you are facing charges and would like to consult with one of our veteran defense attorneys, contact our office at 719-328-1616, and one of our staffers will be happy to assist you!

Vote for Black & Graham as Best of the Springs!

Tracy D. Kellett — Tue, 26 Jan 2016 21:53:55 +0000

Its that time of year again - the Gazette is running the Best of the Springs 2016, and we'd love to have you vote for our firm as the best in Colorado Springs! Simply click the logo below, and you'll be navigated to the Best of the Springs website. After entering your email address, select "city life": in alphabetical order there will be a category for best law firm, as well as best lawyer. To cast your vote, simply select the firm/lawyer you feel is best, and then hit "vote"!

Defense Partner Clifton Black Earns Dismissal of Domestic Violence Charges

Tracy D. Kellett — Wed, 07 Oct 2015 23:03:27 +0000

Black & Graham's defense partner Clifton Black had all charges against his client dismissed. Mr. Black's client was charged with assault and domestic violence. Mr. Black was able to demonstrate that the client was not guilty. The prosecutor agreed to conduct an evaluation of the client and the facts of the case, indicating the client was not domestically violent.

If you are facing charges and would like to schedule a free initial consutation with one of our veteran criminal defense attorneys, contact our office at (719) 328-1616 and our staffers will be happy to assist you.

Defense Attorney Jen Knies Earns Case Dismissal

Tracy D. Kellett — Wed, 13 May 2015 16:35:47 +0000

Black & Graham criminal defense associate, Jen Knies, earned a case dismissal for her client charged with domestic violence, harassment and menacing. This is the most recent case in a series of dismissals Ms. Knies has negotiated for her clients since joining our firm, to include felony dismissals ranging from assault to robbery charges.

Permanent Restraining Order Denied

Tracy D. Kellett — Wed, 06 May 2015 20:01:20 +0000

Mr. Black’s client was involved in a family dispute in Denver which resulted in a misdemeanor charge and a civil restraining order against his client. Mr. Black was able to show the prosecutor that the complaining party was the aggressor and had the criminal charge dismissed 5 months ago. Mr. Black conducted a contested hearing this week for the restraining order and was able to provide evidence of the complaining party’s inconsistent statements. The court did not find credible evidence that Mr. Black’s client caused any harm to the complainant and that it was not likely that there would be any future harm. The court dismissed the restraining order.

If you or a loved one is facing criminal charges, or has a protective order filed against them, contact our office at (719) 328-1616, and any of our staffers would be able to assist in scheduling a free, 1/2 hour initial consultation with one of our veteran criminal defense attorneys.

Defense Attorney Clifton Black Obtains Case Dismissal

Tracy D. Kellett — Tue, 28 Apr 2015 21:45:35 +0000

Senior partner Clifton Black obtains dismissal in a theft case. Mr. Black was able to demonstrate that the item to have allegedly been stolen did not belong to the complaining party, had no value, was more likely an issue of a family feud, and that the criminal court was not the appropriate forum to resolve family issues.

If you are facing charges and would like to schedule an initial consutation with one of our veteran criminal defense attorneys, contact our office at (719) 328-1616 and our staffers will be happy to assist you.

Defense Attorney Aaron Gaddis Earns Two Case Dismissals

Tracy D. Kellett — Thu, 26 Mar 2015 16:47:05 +0000

Black & Graham defense attorney Aaron Gaddis earned two dismissals on two separate cases over the last two weeks. The first matter was a felony child abuse charge: Aaron recommended a child abuse evaluation be completed, and upon receiving the report negotiated diligently with the District Attorney who ultimately dismissed the case. The second matter was for dangerous dog and dog at large charges: Aaron enrolled as attorney of record and immediately began working with the City Attorney's office, recommending the case was more appropriate for the Neighborhood Justice Center, to which they agreed. After mediation through the Neighborhood Justice Center, the case was dismissed outright.

Our attorneys at Black & Graham understand the options available when clients are facing different charges, and explore every avenue possible in order to achieve the best possible results. If you have been charged and would like to schedule an initial consultation with one of our veteran defense attorneys, contact our office at (719) 328-1616 and our staffers will be happy to assist you.

Attorney Clifton Black Tirelessly Negotiates Felony Charges Down

Tracy D. Kellett — Tue, 10 Mar 2015 20:00:55 +0000

Client was charged with cultivation of marijuana, a drug felony 3; possession with intent to manufacture or distribute marijuana or marijuana concentrate, a drug felony 2; and conspiracy to possess 5 to 50 pounds or marijuana. After our senior criminal defense partner Clifton Black worked approximately 6 months of on the case including numerous court dates and meetings with the prosecutor, the client was offered a plea to a misdemeanor offense of possession of 2.5 ounces of marijuana.

If you have been charged in El Paso, Teller, or Pueblo County, and would like to schedule a free consultation with one of our veteran defense attorneys, contact our office at (719) 328-1616, and our staffers will be happy to assist you.