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Below are posts from members of The Eichner Law Firm's team of attorneys, investigators, and legal experts.


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Liability for Colorado Wildlife Crimes

We wrote recently about the Denver teenager who jumped into a fish tank at Bass Pro Shops in Stapleton and the potential criminal charges he could have faced.[1] This week we take another look at the incident, this time from the perspective of wildlife protection and possible injury to the fish species living in the Bass Pro Shops aquarium. While he was fortunate to escape serious personal injury and to avoid damaging the tank itself, could our young diver still face liability for harming or disturbing the fish?

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Irresponsible Teenager or Criminal Mischief-Maker?

Denver residents recently witnessed a unique example of risky and potentially self-destructive teenaged behavior when a young man jumped about thirty feet from an upper bridge into a fish tank in the center of the Bass Pro Shops location at Northfield Stapleton while his friends recorded video footage of the jump. He injured his head, but was not taken to the hospital, and appeared not to have caused damage to the aquarium itself. Bass Pro Shops retained an animal care team to assess the fishes’ health after the incident, and a company spokesperson indicated that the fish “were doing okay.” At the time, Denver police said the teenager could potentially face criminal charges for the jump if the aquarium or the fish had been damaged, and that the young man would be asked to go to a police station and meet with detectives in the subsequent week.

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Immunity from Prosecution: Michael Flynn, Colorado, and the Fifth Amendment

(Win McNamee/Getty Images)

Derogatory speculation on someone else’s reasons for exercising a constitutional right is never a good idea. You never know when you may end up needing to employ the same right. Just ask Michael Flynn, who made headlines last week when he offered to cooperate with congressional investigations by the U.S. House and Senate intelligence committees in exchange for immunity from prosecution. Both committees are currently investigating the possibility of coordination by President Trump or his associates with agents of the Russian government in connection with the 2016 presidential election. Just a few short months ago, Flynn himself (then a campaign aide for Trump) publicly commented on reports that Hillary Clinton’s aides had been granted immunity in exchange for speaking with investigators about her email server, stating that “[w]hen you are given immunity, that means you probably committed a crime.”

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Facing the Unknown: Colorado, Working Parents, and Family Leave

Ivanka Trump, who recently sparked controversy for receiving an office in the West Wing even though she does not hold an official White House position, has been a vocal advocate of paid parental leave and other policies that would lessen financial hardships and make life more manageable for working parents. West Wing office controversy notwithstanding, many believe that her positions have been a moderating influence on the current administration, and her family leave-related proposals have received positive reactions even from Democrats otherwise staunchly opposed to President Trump’s agenda.

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​Non-violent Crimes of Violence? Disparate State and Federal Consequences of Colorado Menacing, Third-Degree Assault, and Harassment Charges

Humans can be sensitive creatures, particularly when it comes to our personal space, and we have widely varying ideas about when and how one should go about invading the space of another, particularly when it involves physically touching them. Most of us would agree that touching another person in a way that ends or risks their life or otherwise severely injures them is violent behavior that should be punished by the police and the courts. But what about a less severe touching – one that inflicted only a minor cut, scrape, or no injury at all, or one that wasn’t intended to cause harm? Is that still violent behavior? And why does it matter? It turns out that whether one’s actions are “violent” depends on who you ask, and the answer can have far-ranging consequences under Colorado and federal law.

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