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Criminal Defense Archives

When is search and seizure illegal?

If you are under investigation for drug-related criminal activity, you may find that at some point, law enforcement will move to search your property and seize any evidence that could relate to their case against you. When engaging in a search and seizure, Colorado law enforcement must adhere to certain laws, rules and operating procedures. Regardless of your current circumstances, you still have rights.

Colorado Supreme Court tightens witness qualifications

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?

Solitary confinement may soon be a thing of the past

If your loved one has been incarcerated for any length of time, you may have heard stories about fellow inmates spending time in "the box." This is one of many nicknames for solitary confinement or the special housing unit where prisoners remain separated from the general population.

Should you move to have your criminal record sealed?

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.

Interacting with the police

Whether a routine traffic stop, at a public gathering or even at school, everyone has encounters with the police. The police work the streets and they're out and about, just like you are. Their job is law enforcement, and sometimes that means they stop passersby, even if there is no suspicion of a crime. Other times, they present themselves as stopping for a friendly chat while gathering information or, in fact, suspecting you.

If you wouldn't show it to your mom, don't post it on Facebook

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.

Jay Z got it wrong: Why taking advice from the rapper could give you 99 Problems

When Jay Z released The Black Album in 2004, the single "99 Problems" became one of the most talked about songs of the decade. An entire generation grew up knowing all the words and singing along: "Well, my glove compartment is locked, so is the trunk and the back / And I know my rights so you go'n need a warrant for that."

Heroin is more common than ever, and users aren't who you think

Last year, the Colorado Springs Police Department Metro Vice, Narcotics & Intelligence (MVNI) division reported that it seized more than seven pounds of heroin off of Colorado streets. The report is solid evidence of a truth legal and health care professionals have come to understand: that Colorado is not exempt from the recent surge in heroin use the United States is experiencing.

Can I Get Credit For Time Served in Colorado?

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. 

Why Did I Get Charged With a Crime?

Often we have clients confused how they are charged with a crime when they were not actively involved with the crime itself.  The answer, they are charged under the theory of complicity.  Colorado has enacted the statute of complicity stating, "A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in the planning or committing the offense." C.R.S 18-1-603

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