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Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I was involved in a minor incident at the Blackhawk Colorado

Resolved Question:

I was involved in a minor incident at the Blackhawk Colorado Isle of Capri Casino 10/02/2013 at 2056 pm and was called at my home at 5:00 am by an officer Sayers (badge 413) of the Blackhawk Police department and told that I had to come from Loveland to the department office in Blackhawk at 9:00 to 9:30 pm 10/03/2013 to discuss the incident. I complied with his demand, no legal representation went with me. The Casino had video camera of the incident. I left my poker machine with I thought around $10.00 in credits and placed a reserve sign over the operating keys and asked the person next to me to watch the machine he agreed as I had watched his earlier for him. When I returned, I found the credits on my machine were "0" and different display from when I left. I told the bartender I needed to talk to security as someone had stolen my credits and he said I need to leave. I got off the stool and in a moment of anger placed my hands on the shoulder of the guy next to me. (I did not push, shove or hit anyone and was confrounted by a casino guy and asked to leave which did.
The police officer issued me a Uniform Summons and complaint or penalty assessment BHPD # XXXXX to appear in Black Hawk Municipal Court on 10/24/2013 at 1:00 pm.
a. Officer Sayers said many times that this was a misdemeanor offence "Harassment and Not Assualt charge)
b. ordinance # XXXXX and under the Fine section of the ordinance, the term SUM is entered?
c. This was my first time in 67 years of being in a police office and I was fully fingerprinted and entered into the FBI Criminal data base.
d. No previous arrests or altercations for me.
Questions:
1. What is the extent of what the Judge can do at the hearing? Financial fine amounts likely.
2. I was not allowed to view the video CD tape Officer Sayers had at the station.
3. Will I need an attorney to represent me at the court hearing and what would one do to help me out of this mess.
Thank You
Dan Gradle XXX@XXXXXX.XXX
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 9 months ago.
Hello Dan,

Thank you for the information and your question, and I am sorry to read about your situation. The answers to your questions are below and you can see the entire Municipal Code (which contains the ordinance you are cited with the the penalties) by going to: http://www.cityofblackhawk.org/media/EDocs/Black_Hawk_Municipal_Code.pdf
(It is lengthy)

1. Under the Code, section 1-73, if found guilty, you could be fined anywhere from $25 to $1000 and be confined to jail for up to a year. It would be highly unlikely that you would receive any jail time and the fine would likely be a few hundred dollars or less. But, that is up to the court.

2. Your attorney can request the tape as a part of discovery in your case.

3. You should most definitely have an attorney for this case since it would be considered a conviction and they also might be able to get the charge dismissed just based on the facts.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17029
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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