Denver Nuisance Abatement Lawyer
Denver Nuisance Abatement Lawyer
Denver Nuisance Abatement Law
The City and County of Denver has deemed several types crimes a public nuisance and, if your property is involved in these public nuisances, it may be seized (taken from you) -and sold! If you are in this situation, it is probably your car or home that is seized. The Denver Nuisance Abatement Law is civil in nature and is handled through the Denver City Attorney’s office.
What Types of Crimes Are Considered a Public Nuisance?
The usual scenario involves a persons car being seized because it was involved in a prostitution bust or was being driven by a habitual traffic offender without a license. According to the Denver Municipal Code, a Class 1 Public Nuisance is:
- Prostitution, 18-7-201, C.R.S.; soliciting for prostitution, 18-7-202, C.R.S.; pandering, 18-7-203, C.R.S.; keeping a place of prostitution, 18-7-204, C.R.S.; or pimping, 18-7-206, C.R.S.;
- Professional gambling, 18-10-102(8), C.R.S.; maintaining a gambling premises, 18-10-102(5), C.R.S.; or keeping of a gambling device or record, 18-10-102(3) and 18-10-102(7), C.R.S.;
- Unlawful manufacture, cultivation, growth, production, processing, sale, distribution, storage, use, transportation, or possession of any controlled substance, sections 18-18-102, 18-18-402, 18-18-403, 18-18-404, 18-18-405, 18-18-406, C.R.S.; any imitation controlled substance, sections 18-18-420(3) and 18-18-421, 18-18-422, C.R.S.; or any counterfeit controlled substance, Section 18-18-423, C.R.S. except for simple possession of less than eight (8) ounces of marijuana;
- Felony or misdemeanor theft by receiving, 18-4-410, C.R.S.;
- Unlawful manufacture, sale, advertisement, or distribution of drug paraphernalia, sections 18-18-426, 18-18-427, 18-18-429, 18-18-430, C.R.S.;
- Prostitution of a child, 18-7-401, C.R.S.; soliciting for child prostitution, 18-7-402, C.R.S.; pandering of a child, 18-7-403, C.R.S.; keeping a place of child prostitution, 18-7-404, C.R.S.; pimping of a child, 18-7-405, C.R.S.; or inducement of child prostitution, 18-7-405.5, C.R.S.;
- Sexual exploitation of children, 18-6-403, C.R.S.;
- Two (2) or more offenses of disturbing the peace, Denver Revised Municipal Code, section 38-89 within any one-hundred-eighty-day period;
- Unlawful discharge, possession, carrying, flourishing, concealment, storage, use, or sale of firearms, knives and/or assault weapons, dangerous weapons, or defaced firearms, Denver Revised Municipal Code sections 38-117, 38-119, 38-121, 38-122, and 38-130, and C.R.S. Sections 18-12-102, 18-12-103, 18-12-105, 18-12-106, 18-12-108, 18-12-108.5, or any offense relating to incendiary devices, section 38-126, Denver Revised Municipal Code and C.R.S. section 18-12-109;
- Any gang-related criminal activity;
- Any drive-by crime, section 16-13-301, C.R.S.;
- Three (3) or more offenses within any one-year period of selling, serving, giving away, disposing of, exchanging, delivering, or permitting the sale, serving, giving or procuring of any malt, vinous, or spirituous liquor, or fermented malt beverage, to or for any person under lawful age or to a visibly intoxicated person, as prohibited by C.R.S. section 12-47-901(1)(a) et seq., as amended. Each incident, to be counted as an offense within the meaning of this section, must occur on separate dates and rely on discrete facts; or
- The sale at retail of any malt, vinous, or spirituous liquors, or fermented malt beverages in sealed containers, or the manufacture, sale, or possession for sale of any malt, vinous, or spirituous liquors, without holding a valid license in full force and effect to do so under title 12, article 47, C.R.S., as prohibited by C.R.S. 12-47-901(1)(f) and (g);
- The unlawful transportation or storage of any property that is the subject of a felony theft, misdemeanor theft, or theft by receiving under title 18, C.R.S.;
- The storage or concealment of weapons or tools used in the commission of crimes of violence, C.R.S. section 16-11-309, drive-by offenses, C.R.S. section 16-13-301, or any offense in paragraph 9. above;
- Vehicular eluding, C.R.S. section 18-9-116.5, or eluding or attempting to elude a police officer, C.R.S. section 42-4-1413;
- Speed contests, C.R.S. section 42-4-1105;
- Habitual traffic offenders, C.R.S. sections 42-2-202, 42-2-206;
- Sexual assaults or attempted sexual assaults, C.R.S. sections 18-2-101, 18-3-402, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5; or
- Indecent exposure, C.R.S. section 18-7-302.
- Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances, C.R.S. § 18-18-411; or the unlawful possession of materials to make amphetamine and methamphetamine, C.R.S. § 18-18-412.5; or, the unlawful sale or distribution of materials to manufacture controlled substances, C.R.S. § 18-18-412.7; or possession of one (1) or more chemicals or supplies or equipment with intent to manufacture a controlled substance, C.R.S. § 18-18-405; the unlawful cultivation, manufacturing, sale, offer for sale, or distribution of medical marijuana without a license, article XII, chapter 24, D.R.M.C.; or the unlawful cultivation, manufacturing, sale, offer for sale, or distribution of retail marijuana without a license, article V, chapter 6, D.R.M.C.; or
- Keeping, maintaining, controlling, renting or making available property for the unlawful operation of a medical marijuana dispensary without a license, article XI, chapter 24, D.R.M.C.; or
- Criminal mischief where the aggregate damage exceeds one thousand dollars ($1,000.00), C.R.S. section 18-4-501; or
- Impersonation of a police officer, C.R.S. section 18-8-112, D.R.M.C. article II, chapter 38, section 38-33; or
- Illegal dumping, D.R.M.C. chapter 48, section 48-44; unlawful disposal of trash in certain containers, D.R.M.C. chapter 48, section 48-44.5
What Do I Do About My Car or Home Being Seized?
- Do not waste any time. IMMEDIATELY Hire an experienced Denver Nuisance Abatement Lawyer to help you understand your rights and the process involved with the Nuisance Abatement Law.
Can a Nuisance Abatement Lawyer Guarantee that I get My Property Back?
- No. However, if there is any possibility that you can get your property back, you will want to retain a Denver Nuisance Abatement Lawyer to help facilitate the process of getting your property back from the government.
How Long Does It Take To Get My Property Back?
- Nobody can really say. Remember that they City Attorney can sell your car instead of releasing it to you. Understand that you have no time to waste. Understand that every day that your car is impound that it costs you $$$$. Time is of the essence with these cases! Do not wait!!
There is hope for you in this situation. Ike Lucero, Jr., P.C., Attorney & Counselor At Law fights to keep your property from being seized and sold by the City and County of Denver. Contact A Denver Nuisance Abatement Lawyer For A Free Consultation or