Your trial is coming up, and it is possible that you aren't sure what to expect. The court will call witnesses to give their accounts of the events in question, and experts may take the stand to show how the evidence allegedly points to you. Law enforcement involved in the investigation will probably add their expert testimony. However, is law enforcement testimony really expert?
A past arrest or criminal charge could have a serious impact on various areas of your life, even if there was no conviction. You should not underestimate the impact that your past criminal record can have on your current circumstances. For some people, it is beneficial to move to have criminal records sealed.
We live in an era where people are comfortable sharing anything on Facebook and other social media platforms, from a picture of them drinking at a party last night (underage? No problem - your mom isn't your Facebook friend, right?) to angry criticism of their girlfriend who just brought a restraining order against them. Some will even offer their opinion of the judge who is presiding over their case. Yet, what you post can get you in trouble with the law -- and it can affect the outcome of your criminal defense case.
In our criminal defense practice, new clients often tell us: "I was arrested, and they didn't read me my rights." The rights they're making reference to are called a Miranda warning, and despite what you may see in the movies and on TV, police officers don't routinely read people their rights when they make arrests. The only time an officer is legally required to give the warning is before a person is interrogated while in custody.
The human memory isn't like a tape recorder. It doesn't record life events and play them back exactly as they happened. Instead, scientists have found that the brain reconstructs memories each time a person recalls them.
Nobody wants a criminal record. But when you have been arrested, charged with or convicted of a crime - there may be little to do about it.
In our last blog we talked about how to calculate parole eligability based on the type of conviction. A major concern with our criminal defense clients is if they receive credit for time served. According to C.R.S. 17-22.5-403 (2); If the date of offense is between July 1, 1987 and June 30, 2004, and you have one or no priors, you are eligible to earn credit for time served after you serve 75% of your sentence.
Starting August 18 you could face a fine for hiking your favorite trail. The Manitou Incline is a steep hike climbing 2000 feet in just under a mile along an old rail corridor. Many people that live in the Springs tackle the incline on a regular basis but it also attract visitors from around the world. The views are breathtaking not to mention the sense of accomplishment once you reach the top.
With all the recent investigation into the misuse of public funds surrounding the current El Paso County Sheriff, Terry Maketa, the question has come up, "who can arrest the sheriff if he does something illegal?" It may surprise you that the person to perform the duties of the sheriff when the sheriff is a party to a case is the coroner. So if the sheriff becomes a defendant in the case the coroner would be the one to perform the duties of the sheriff and arrest him.