Comments on: How to buy your way out of a felony charge A slice of lime in the soda Sun, 26 Oct 2014 19:05:02 +0000 hourly 1 By: Cafferty Sat, 13 Nov 2010 17:25:31 +0000 I don’t get it… even from a cold-hearted market perspective, would I trust my investment in the hands of someone who (if we dare give him the benefit of the doubt), was too unobservant/distracted/careless to notice that he caused an accident and left someone for dead on the side of the highway. Heck no! Lock the bugger up and through away the key–his usefulness to society is over.

By: hsvkitty Tue, 09 Nov 2010 04:48:42 +0000 Landon, even though you are a criminal lawyer, it seems that the hit and run driver was allowed a plea bargain… even though he was charged with a felony and there was evidence of severe bodily harm and permanent damage.

Hurlbert accepted the plea bargain, which he says have far more punitive effects because the burden of those charges will remain on his record wheres the felony charges would be dropped in 2 years.

That’s a far cry from his original press statement that the felony charge would have a detrimental effect on the driver’s job as he has to report his felony to his clients within 30 days of being charged.

I still think it is interesting that there is once again a flip flop from:

“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”

He should have been charged and paid restitution as well as served the 2 years, and continue restitution for the rest of his life.

As it stands his ability to pay is probably better right now, and less likely later as I wouldn’t want this unethical man playing with my money, nor trust him to do right by me when he has himself and his restitution on his mind and eating at his pocketbook.

By Colorado law, serious injuries call for felony charges… outlined in 2b and 4b, below

(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.

(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.

(2) Any person who violates any provision of this section commits:

(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;

(b) A class 5 felony if the accident resulted in serious bodily injury to any person;

(c) A class 3 felony if the accident resulted in the death of any person.

(3) The department shall revoke the driver’s license of the person so convicted.

(4) As used in this section and sections 42-4-1603 and 42-4-1606:

(a) “Injury” means physical pain, illness, or any impairment of physical or mental condition.

(b) “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

By: wolphkaat Tue, 09 Nov 2010 03:40:22 +0000 unknowingly suffering from sleep apnea… is that what defense attorneys are calling cocaine binges these days?

By: shawngrggs Tue, 09 Nov 2010 01:55:48 +0000 Disgusting.

By: LandonAscheman Tue, 09 Nov 2010 01:44:20 +0000 Here are a few problems with the story.

1) I question the claim that the Prosecutor failed to file charges. If the prosecutor was involved in the plea agreement (which it seems he was) – Charges were filed.

2) If the Prosecutor chose to settle the case for some form of restitution, there are likely reasons for this. These reasons may be that the Defense attorney was really good, or simply because the case isn’t as solid as the reporter would like us to believe. (in many cases, this might only be a non-felony crime except for the publicity it was given)

3) In this case there is probably a threat of a felony sentence hanging over his head if he fails to abide by the rules and conditions of his probation (also very common).

By: BastHotep Mon, 08 Nov 2010 22:20:23 +0000 This sounds like the Middle Ages, where rich nobles could commit virtually any crime and get away with it.

What is America turning into, and how can we stop it?

By: hsvkitty Mon, 08 Nov 2010 21:22:33 +0000 Hurlbert seems to have his own agenda when it comes to money.

This story has a felony charge given originally to 2 racers who exchanged bibs  /leadville-100-mountain-bi_n_571561.htm l

After looking at several of his cases, this guy seems to have his own agenda, favouring the wealthy.

By: Danny_Black Mon, 08 Nov 2010 20:27:09 +0000 AnonymousChef, I would love to know too. This is one of those frustrating articles thats simply begs more questions to be answered.

My understanding is that the DAs in America are elected, so this has to be a populist and righteous case if ever there was one. Wealthy banker hits and runs on a doctor? Surely a slam dunk. And it is hard to believe that anyone with a brain would give that reason for pleading down.

This report makes it sound a bit more like there may have been worries the guy would have simply walked free if tried for the worse crime, which presumably has a higher bar for evidence: 108/NEWS/101109802/1078&ParentProfile=10 55

Can only hope with the coverage it is getting now that the DA feels he needs to explain his rationale.

By: chr2 Mon, 08 Nov 2010 20:17:40 +0000 What about filing a civil suit?

By: teabagno Mon, 08 Nov 2010 19:50:17 +0000 Are Erzinger’s assets now sufficient to compensate Dr. Milo’s injuries? If they are, what bearing would his future earning ability have on what would seem to be obvious criminal liability. Restitution up to and including forfeiture of assets sufficient to pay for Milo’s medical care lost earnings could be part of a criminal sentence that also included jail time.