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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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Page Index |
Consultation Terms |
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Directions |
Maps |
Travel * Trade Area |
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COLORADO SPRINGS NUISANCE FORFEITURE DEFENSE
COLORADO SPRINGS NUISANCE INJUNCTION DEFENSE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Colorado Springs civil forfeiture, restraining orders &
nuisance abatement - alleged nuisance relating to prostitution, soliciting for prostitution, pimping, pandering, drug prosecution, gambling, hit & run - defense against civil claims by government seeking restraining orders, injunctions or asset forfeiture. Assets or money seized by CSPD Metro VNI or other law enforcement agency. Sealing civil court records, sealing criminal justice records.
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TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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IMPORTANT - PLEASE READ CAREFULLY |
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My clients are advised not to discuss facts, law or trial strategy in any
offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator
retained as my agent, who is covered by the attorney - client privilege. Statements
to any third person may be grounds for additional criminal charges, even if
the other person is a trusted confidant. In cases alleging a sexual or
drug offense, it is quite common for others to be previously or subsequently
apprehended and offer information to law enforcement or prosecution in return
for reduced charges or immunity (transactional or use). Because offenses
of a sexual or drug nature may be perceived as going enterprises, VNI units of
law enforcement recruit confidential informants to gain information. It
would also not be uncommon for a person's confidant to be a confidential
informer, perhaps
wearing a
wire. Be very careful what you tell or say to other persons -
your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by
subpoena. Website visitors who are not my clients should consult with
your attorney before talking.
Twice said -
Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. Same circumstance in a civil injunction or forfeiture
lawsuit. Do not discuss a case or make
any statements whatsoever with any law enforcement officer, prosecutor, witness,
the other involved party or any other third person. Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. Consult with your attorney before talking.
When the police contact you, don't
try to explain the circumstances.
Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.
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Colorado statutes classify
identify 4 classes of nuisances. The statutes are rather lengthy and not
included here. Below I have provided an abbreviated synopsis of assets
used in connection with criminal activity which are generally included as class 1 pubic
nuisances pursuant to CRS 16-13-303. |
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public or private place of prostitution, place where the following
occurs - commission of soliciting for prostitution, pandering, keeping a place of prostitution, or
pimping
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child prostitution, place where the commission of soliciting for child
prostitution, pandering of a child, keeping a place of child prostitution, pimping of a child, inducement of child prostitution, sexual exploitation of children |
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gambling |
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unlawful drugs - unlawful manufacture, cultivation, growth, production, processing, sale, or distribution or for storage or possession for any unlawful manufacture, sale, or distribution of any controlled
substance or any other drug the possession of which is an offense, except for possession of less than eight ounces of
marijuana |
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drug paraphernalia - unlawful manufacture, sale, or distribution |
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theft by receiving or transportation
of goods which are the subject of felony theft |
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commission of any felony not otherwise included in this
section |
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felony vehicular eluding |
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hit and run with serious bodily injury or death |
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drive-by crime |
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committing, attempting to commit, or conspiring to commit against an elderly person any felony.
For purposes of this forfeiture, an "elderly person" means a person sixty years of age or older. |
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All equipment, mechanical systems, or machinery, or parts thereof, shall be deemed to be a class 1 public nuisance at the location of the automatic dialing system when used for soliciting with an automatic dialing system containing a prerecorded message. |
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Judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.
CRS 16-13-309 |
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Pursuant to CRS 16-13-303 |
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Forfeiture may include all fixtures and contents of any building, structure, vehicle, or real property which is a class 1 public nuisance
and all such property is are subject to seizure, confiscation, and forfeiture |
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In addition, the personal property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining, aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and
forfeiture. The following shall be deemed class 1 public nuisances and be subject to forfeiture and distributed as provided in section 16-13-311 (3), and no property rights shall exist in them: |
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All currency, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any public nuisance act; or |
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All proceeds traceable to any public nuisance act; or |
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All currency, negotiable instruments, and securities used or intended to be used to facilitate any public nuisance act; or |
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All equipment of any kind, including but not limited to computers and any type of computer hardware, software, or other equipment, used in committing sexual exploitation of a child, as described in
CRS 18-6-403, or computer crime, as described in section CRS 18-5.5-102 |
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Additionally, the state may move
for forfeiture summary judgment if no dispute exists as to the facts. |
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Simply stated, when a person
commits crime, much of the person's physical wealth or possession may be subject
to forfeiture. Call it greed or deterrence, this significantly piques
interest of the State of Colorado. |
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The
DA
Office may seek an injunction to abate a nuisance. Usually this
would take the form of a court order closing a business, but essentially an
injunction prohibits a given activity. |
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CRS 16-13-302.
Public nuisances - policy. |
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(1) It is the policy of the general
assembly that every public nuisance shall be restrained, prevented,
abated, and perpetually enjoined. It is the duty of the district
attorney in each judicial district of this state to bring and maintain
an action, pursuant to the provisions of this part 3, to restrain,
prevent, abate, and perpetually enjoin any such public nuisance and to
seek the forfeiture of property as provided in this part 3. The
general assembly intends that proceedings under this part 3 be
remedial and equitable in nature. Nothing contained in this part 3
shall be construed as an amendment or repeal of any of the criminal
laws of this state, but the provisions of this part 3, insofar as they
relate to those laws, shall be considered a cumulative right of the
people in the enforcement of such laws. The provisions of this part 3
shall not be construed to limit or preempt the powers of any court or
political subdivision to abate or control nuisances. |
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(2) It is also the policy of the
general assembly that asset forfeiture pursuant to this part 3 shall
be carried out pursuant to the following: |
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(a) Generation of revenue shall not
be the primary purpose of asset forfeiture. |
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(b) No prosecutor's or law
enforcement officer's employment or level of salary shall depend upon
the frequency of seizures or forfeitures which such person achieves. |
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(c) All seizures of real property
pursuant to this part 3 shall be made pursuant to a temporary
restraining order or injunction based upon a judicial finding of
probable cause. |
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(d) Each seizing agency shall have
policies and procedures for the expeditious release of seized property
which is not subject to forfeiture pursuant to this part 3, when such
release is appropriate. |
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(e) Each seizing agency retaining
forfeited property for official law enforcement use shall ensure that
the property is subject to controls consistent with controls which are
applicable to property acquired through the normal appropriations
process. |
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(f) Each seizing agency which
receives forfeiture proceeds shall conform with reporting, audit, and
disposition procedures enumerated in this article. |
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(g) Each seizing agency shall
prohibit its employees from purchasing forfeited property. |
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See: People v. Perez, 192 Colo. 562 (Colo. 1977)
business closed permanently - prostitution
Steinberg v. People, 154 Colo.
264, 390 P.2d 811 (Colo. 1964)
business closed one year - center of
annoyances, vandalism and indecencies
Edelweiss v.
People, 154 Colo. 154, 389 P.2d 189 (Colo. 1964)
business closed permanently - prostitution |
To abate a nuisance, a forfeiture
action may be commenced against property, real or personal. CRS 16-13-301,
et. seq. Forfeitures are disfavored as a
matter of public policy. People
v. One 1988 Mazda 323, 857 P.2d 569 (Colo. App. 1993)
ADMISSION OF OWNERSHIP INTEREST. Any person contesting an action for forfeiture
must establish his or her standing as a true owner of the property subject to
forfeiture. People v. Grell,
950 P.2d 660 (Colo. App. 1997)
The state must establish a nexus
or connection between the asset and the nuisance.
USE OF VEHICLES TO TRANSPORT
STOLEN ITEMS - INSUFFICIENT NEXUS. Defendant used a 1988 Mazda lawfully to
drive to and from her job in a department store. On two separate occasions
was observed removing merchandise from the store without paying for it, then
placed the items in her Mazda and drove away. Such thefts constituted
felonious conduct. The People, for the purposes of this proceeding, conceded
that the theft was completed before defendant placed the stolen merchandise in
her vehicle, but sought forfeiture under Colorado's Abatement of Public Nuisance
Act, § 16-13-301 on the theory the Mazda aided and abetted defendant's illegal
activity making it subject to forfeiture under CRS 16-13-303(2). The facts
and the evidence presented, when placed in context with concessions by the
People, were inadequate to prove that the Mazda was sufficiently connected to
the thefts to allow forfeiture under either § 16-13-303(1) or (2). People
v. One 1988 Mazda 323, 857 P.2d 569 (Colo. App. 1993)
USE OF VEHICLE FOR COMMUTE TO
MARIJUANA CULTIVATION - INSUFFICIENT NEXUS. Where there had been no activity,
other than the cultivation of marihuana, carried on at an office location, and 3
affidavit asserted that: "I observed the trucks . . . being driven . . . to
the dental office on several occasions." However, none of these affidavits
alleged that either of the two trucks were involved in carrying any item either
to or from the office where the marihuana was under cultivation, citing People
v. Cerrone, 780 P.2d 562 (Colo. App. 1989) the court ruled the evidence was
insufficient to establish a nexus. CRS 16-13-303(3)(b) which makes property
acquired by the proceeds from unlawful activities forfeitable, this court held,
as a matter of law, that the absence of proof that the property had a connection
with criminal activity made its forfeiture improper. People v. Cerrone,
780 P.2d 562 (Colo. App. 1989).
USE OF VEHICLE IN PROSTITUTION -
FORFEITURE APPROVED. Where defendant had telephoned an undercover police
officer and solicited prostitution, then drove in the Volkswagen to the motel
where the contract for prostitution was completed, the evidence established that
the vehicle was used by the defendant in completing the crime of solicitation by
driving to the motel for that purpose. A sufficient nexus had been established
linking the car to the criminal activity. People v. 1979 Volkswagen, 773
P.2d 619 (Colo. App. 1989) This case is similar to People v. Garner, 732
P.2d 1194 (Colo. 1987) in which the vehicle was used to transport marihuana.
FORFEITURE - INFERRED NEXUS. By
establishing that the items sought to be forfeited were used in the unlawful
activity, the items were subject to forfeiture pursuant to CRS 16-13-303(2).
Because the building in which the items were located was deemed a public
nuisance, the trial court could reasonably infer that the use of the items
seized was "connected or rationally related to" the unlawful activity.
People v. Lot 23, 735 P.2d 184 (Colo. 1987)
FORFEITURE - RELEVANT RULING. People
v. Cerrone, 780 P.2d 562 (Colo. App. 1989)
Defendants operated numerous
lingerie modeling and massage businesses for the purpose of promoting
prostitution. Trial court inferred that at least the items of personal
property were purchased with proceeds from <prostitution> because it
found no legitimate source of funds for these large cash purchases. No
evidence was presented, however, to trace any of the real or personal property
in question here to illegal proceeds.
FORFEITURE OF ASSETS PURCHASE
WITH PROCEEDS TRACEABLE TO NUISANCE All proceeds traceable to certain illegal
activities, including prostitution, are subject to a forfeiture. CRS
16-13-303(3)(b). If the property is not per se connected to the criminal
activity, the
People have the burden of
establishing a nexus between the property for which the forfeiture is sought
and the criminal activity. People v. McBeath, 709 P.2d 38 (Colo. App.
1985). The nexus required by the statute is that the items be proceeds
traceable to the illegal activity.
Defendants obtained the motor
home in exchange for a vehicle and an amount of cash. There is no evidence
in the record to connect this purchase to illegal proceeds accruing within
one year prior to the filing of the complaint or at any other time.
Traceability was not shown.
The family home was paid for
with other proceeds unrelated to the prostitution activities and was not
used for any illegal purpose. Ruling: the home could not be seized. In an
action to abate a public nuisance, only real property which has been used
for the illegal purpose which is the underlying subject matter of the action
is subject to forfeiture and seizure. CRS 16-13-314.
STATUTE OF LIMITATIONS. All
forfeiture actions must be commenced within one year after the cause of action
accrues. Section 13-80-103(1)(d). Consequently, the trial court was without
authority to order a seizure of items as proceeds traceable to illegal
activities conducted more than one year prior to the filing of the complaint. People
v. Steinberg, 672 P.2d 543 (Colo. App. 1983). As the automobile, pickup
truck, and boat with trailer were all purchased more than one year before the
filing of the complaint, the trial court was without authority to order a
seizure of those items.
TIME
FOR FILING. Where the prosecution failed to file a complaint within 60
days as required by CRS 16-13-307(3.5), the court ruled that failure to file a complaint
within the 60-day period provided in 16-13-307(3.5) is not a jurisdictional
defect that would divest a trial court of subject matter jurisdiction, but a
procedural defect that subjects the complaint to dismissal at the discretion of
the trial court. People v. Grell,
950 P.2d 660 (Colo. App. 1997)
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CRS 16-13-310. Redelivery of
seized premises. |
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If the owner of a building, a place, or
any real property seized and closed as a class 1 public nuisance has not
been guilty of any contempt of court in the proceedings, and appears and
pays all costs, fees, and allowances which are declared by this section to
be a lien on the building, place, or real property, and files a bond in the
amount fixed by the court not to exceed the full value of said property,
with sureties to be approved by the court, conditioned that he will
immediately abate any such nuisance that exists at the building, place, or
real property and prevent the same from being established or kept thereat
within a period of one year thereafter, the court, if satisfied of his good
faith and satisfied that such owner had not conducted, used, maintained, or
knowingly permitted the conducting, using, or maintaining of such public
nuisance, may order the building, place, or real property to be delivered to
said owner and the order of abatement cancelled so far as the same relates
to said property. If any property is found not to be a public nuisance
pursuant to this part 3 or if said property fits the description of property
specified in section 16-13-303(2) and (3) and the property is not subject to
forfeiture or an affirmative defense has been proven, said property shall be
released to the owner without conditions. The release of the property under
the provisions of this section shall not release it from any judgment, lien,
penalty, or liability to which it is subject by law. |
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If the owner or operator of a building or
place seized and closed as a class 2 public nuisance has not been guilty of
any contempt of court in the proceedings, and demonstrates by evidence
satisfactory to the court that the public nuisance has been abated and will
not recur, the court may order the premises delivered to the owner or
operator. As a condition of such order, the court may require the posting of
bond, in an amount fixed by the court, for the faithful performance of the
obligation of the owner or operator thereunder to prevent recurrence or
continuance of the public nuisance. |
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If the tenant or occupant, other than the
owner, of a building, a place, or any real property is involved in
conducting or maintaining a public nuisance, the owner need not be made a
party to the action until the tenant or occupant is evicted or the district
attorney seeks to enforce the remedies of this part 3 against the owner.
However, the owner may intervene in the action at any time. |
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This is essentially a means to return property
to a non-culpable owner |
What does this all basically
mean? If a person engages in prostitution or one of the above defined
nuisances, buildings, fixtures, contents, motor vehicles, bank accounts or
practically any other asset which can be connected to the unlawful / prohibited activity is
subject to seizure and forfeiture in a civil lawsuit. Refer to
property at risk above pursuant to
CRS 16-13-303. Refer to noble
state policy above,
but don't count on altruism in fact on the part of law enforcement or
prosecutors. That would be naive.
If a person has utilized an
expensive automobile to drive to prostitution engagements, or if a person has used his / her
home for engagements, telephone appointment setting center, or the bookkeeping
or other business end of any above identified criminal / prohibited activity, say good-bye to
the asset unless a defense exists. Computers utilized for website postings
or email regarding appointments? ... well, hello & good-bye. Commercial
phone system or cell phone(s) utilized for setting appointments? To pursue forfeitures, the local
DA
Office employs deputy district attorneys who are autonomous from
prosecutors and office separately. Forfeiture is what they do.
Defense counsel enters objection, a demand for hearing, briefs the facts and
applicable law, and holds the state's case to procedural and proof standards.
Perhaps counsel may negotiate buy back for a percentage of fair market value.
The primary defense would be that the
State's proof failed to establish the activity defined as a nuisance, or that
the State failed to establish a sufficient nexus (connection) between the asset
and the nuisance. If the state is seeking forfeiture based upon traceable
proceeds, defendant may attack the audit trail. If the state fails to file
within the statutory time, jurisdictional arguments would naturally be raised.
The requirement that defendant must establish his or her standing as a true owner of the property subject to
forfeiture
may be sufficient to cause acquiescence to forfeiture. If
criminal charges are pending or if the defendant is being investigated for
possible future criminal charges, and if ownership or possessory interest of the asset is a
fact detrimental to the defense, a person may be in a position where it is best
to default in the forfeiture action. Ownership claim under oath would be
admissible in any other lawsuit - civil or criminal.
In the course of a forfeiture action, a
defendant may or may not be able to negotiate re-purchase at a value less than
fair market value.
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ORGANIZED CRIME - RACKETEERING CHARGES
Colorado Organized Crime Control Act (COCCA) |
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Organized crime - special offender allegations - may be filed
in a pimping case or
may be filed in a crime of dishonesty case. If not initially filed, it
would not be uncommon for a DDA prosecuting attorney to
threaten amendment and addition of a COCCA filing in the
course of plea negotiations should the defendant not
accept the DDA's initial plea offer. If filed, the
complexity of the case alters - refer to potential fee
quote link below. |
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Prostitution,
pimping, gambling, theft or several other crimes of
dishonesty may be defined as an offenses which may be
classified as organized crime - aka racketering.
CRS 18-17-103(b)(VI).
As minimal discussion, racketeering requires some
criminal activity (at least two incidents which need not
be of the same variety) and at least two persons
participating. Given the allegations necessary to
support a pimping charge, the requirement of at least 2
persons is met, and last I knew, prostitution was
unlawful. Multiple transactions would be required
to support a COCCA charge.
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Any person convicted of engaging in activity in
violation of the provisions of CRS
18-17-104 commits a
Class 2 Felony and,
upon conviction thereof is subject to forfeiture and
injunction as provided in
CRS 18-17-105.
COCCA is to be given liberal construction in order to
effect the intent and purposes of the Colorado
Racketeering Act. CRS 18-17-108. |
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Such types of crime
and attendant potential loss of property or freedom of
action or speech can get quite serious. |
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Related thought. When the Colorado legislature enacted racketeering
laws and entitled the series of
statutes as the Colorado Organized Crime Control Act,
one or more legislators must have considered the acronym
enunciation and its slang meaning.
Is it possible the esteemed minds of our legislators
have a warped sense of humor and effectively entitled
the organized crime act as "deep
feces"
or was that merely coincidence? |
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INDEPENDENT SERVICE PROVIDERS |
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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INJUNCTION & NUISANCE FORFEITURE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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In determining whether
representation is economically justifiable or prudent, to a large extent
a prospective client's decision will likely be influenced by four major
factors.
1. If injunctive relief is sought,
is the activity income generating, and if so, the amount of income
derived from the activity.
2. If forfeiture relief is sought,
what is the value
of the assets subject to forfeiture action
3. If either injunctive or
forfeiture relief is sought, how much personal importance does defendant
assign to the activity or asset.
4. If the state is successful,
possibility of sealing of civil court records is nearly
non-existent. If defendant prevails on the merits, perhaps an
order to seal civil court records could be obtained. The civil
suit will allege an activity which defendant may find repugnant or
harmful to reputation or future business dealings, job opportunities or
other potential future consequence. The forth factor foreseen to
counsel is how much importance defendant assigns to sealing civil court
records.
If the prospective client finds one of
the above factors important, it's probably time to loosen the pocket book and
hire an attorney. If relevant, you may retain my
services or the services of another attorney, but hire competent defense counsel.
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MID-LITIGATION REPRESENTATION
forfeiture or injunction lawsuit defended by a private party or by another
attorney |
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Mid-Stream Representation.
Counsel declines mid-litigation cases where the case has
progressed beyond a timeframe near to initial service of process,
if a response or answer has been filed or if negotiation with the
prosecution has commenced. Please do not request
mid-litigation representation - attorney will decline without
apology. Please seek mid-litigation assistance elsewhere. |
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Second Opinion.
Please do not call, fax or email for a second opinion or an
opinion regarding the competence of preparation or defense in your
current forfeiture or injunction case. Under no circumstance
will counsel review offense reports, prosecution discovery, civil
lawsuit pleadings or other materials nor consult with your current
or former counsel to render an opinion regarding present defense
or the merits of a trial unless this attorney has been retained,
has filed an appearance in the civil lawsuit and is counsel of
record. Attorney declines to offer a second opinion - no
exceptions. |
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FIND A LAWYER |
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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
contested hearing flat fee only
3) hourly fees or flat fee at client's discretion. Attorney determines
options to be offered. Litigation costs are not included in fees -
client's obligation. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information.
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POTENTIAL FEE
QUOTE
FORFEITURE
** NUISANCE ABATEMENT |
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*
Estimate predicated upon the attorney having provided defense in the underlying alleged criminal
nuisance and is familiar with the facts and circumstances. If counsel is unfamiliar with case facts, degree of complexity of
allegations underlying the alleged nuisance will affect a flat fee quote.
Need for legal research and briefing or
private investigation can
change the quote dramatically. Depending upon facts alleged, refer to
forfeiture and injunction statutory provisions in organized crime
allegations - racketeering.
This would significantly alter a fee quote. |
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Forfeiture action is frequently ancillary to representation in a prostitution or
drug case. Forfeiture cases may be negotiable, and time
expended in negotiations may exceed time spent in hearing preparation. If
the case appears indefensible at hearing, negotiation may be the wisest
alternative. |
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Similar to a bondsman's premium increasing with the amount of a bail bond
(risk), value of the of the property which is the subject of the
forfeiture action would be a factor in setting attorney fees to offset
professional liability risk. If the value of the property is large,
only a flat fee may be offered. |
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hourly fees may be less than offered
flat fees, however are not capped and more likely may exceed offered
flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to
retain
trust deposit overage -
refunded at case conclusion
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undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
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major charge cards
accepted |
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FORFEITURE DEFENSE
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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Use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility.
Need for legal research and briefing or
private investigation can
change the quote dramatically. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR CREDIT CARDS
ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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Potential Expenses |
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Price |
Background Search
- cost per person searched - client and alleged victim |
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Varies |
DMV
Out of
State Driving Record |
| 10.00 |
Accident Report |
| 20.00 |
Offense Report |
| 10.00 |
DA Office
discovery packet - estimate (actual may be more or less) |
| 10.00 |
Court records search & copy costs (actual
may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
| 500.00 |
Private Investigator
initial retainer - if relevant - variable based upon number of witnesses
to interview |
| 200.00 |
Law enforcement 911 / dispatch records,
tapes & transcript - widely variable |
| 200.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
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$3 per page |
Transcriptionist - law enforcement 911 / dispatch audio files
& investigator interview audio recordings if relevant |
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Varies |
On-line
legal research - dependent upon issues
requiring legal research, if any |
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Rates |
Travel time and expenses
if the case is outside El Paso County |
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if the factual basis for
forfeiture is founded in hit and run allegations, depending upon the facts,
it may be prudent to retain an accident reconstruction expert |
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NOTE
It is generally prudent to procure DA criminal case discovery, law enforcement
investigation video or audio tapes and
to conduct police officer or witness interviews by a
private investigator prior to negotiations
these matters will likely have been accomplished in the defense of the
underlying criminal charge |
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Given the state's attempt to forfeit your property,
it may be
prudent to place law enforcement 911 * dispatch tapes and records, plus
other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. |
CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. ** limited
search
pricing **
Absent knowledge of specific facts, no realistic cost estimation
can be made in a forfeiture or civil injunction case regarding court
transcripts of testimony or exhibits in related proceedings.
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POTENTIAL FEE
QUOTE
INJUNCTION -
RESTRAINING ORDERS ** NUISANCE ABATEMENT |
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Attorney fees are typically billed upon an
hourly fee
basis. Because
relevant facts can vary so widely in lawsuits for injunctive
relief (restraining orders), it is not possible to
"ballpark" a flat fee or costs estimate for this type of case.
When freedom of action or speech is sought to be prohibited or restricted,
multiple variables can arise which involve not only factual investigation,
but time consuming legal research and briefing. The attorney
would need to know more about the facts and circumstances
before determining the trust deposit requested for hourly fees
and litigation costs.
Depending upon facts alleged, refer to forfeiture and injunction
statutory provisions in organized crime allegations -
racketeering.
This would significantly alter a fee quote. |
Costs:
refer to costs identified above;
different or additional costs likely to be incurred
private investigator fees and costs may exceed that noted in the
forfeiture costs section above |
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trust deposit overage -
refunded at case conclusion
**
undercapitalization
- immediate trust deposit required
professional services
or expert witnesses will significantly effect litigation cost expenditure -
client's responsibility |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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Thank you for considering my
services; I appreciate your inquiry.
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY |
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GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Surrounding Area
MUNICIPAL COURTS
NUISANCE ABATEMENT
INJUNCTION * FORFEITURE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted. |
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Municipal courts do not have the
availability of e-Filing as do state district courts, however some of the local
area smaller municipal courts have now come into the 21st century by accepting
pleadings and filings via email and payment of fines and costs via bank on-line
bill pay regarding infractions and minor offenses. Depending upon court policy regarding entry of plea via email
and e-payment subsequent to negotiation without the necessity of physical
appearance,
travel time & mileage
may possibly be avoided. Not all courts permit this. |
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thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files
Free Download |
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| please feel free
to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2004 -
All Rights Reserved - Document Revised
January 30, 2012
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: February 22, 2004 - Republication Date:
May 25, 2006 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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VNI, Colorado Springs Police, sealing civil court records, sealing criminal records, sealing records, Colorado Springs, El Paso County, Colorado, court, criminal defense, defense lawyer, lawyer,
attorney |
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