Domestic Violence Mandatory Restraining Orders in Colorado

In the State of Colorado, domestic violence charges are routinely filed when an argument arises between two people and the police are called.  Sometimes the people involved in the argument call the police;  sometimes it is a third party (e.g., someone else in the residence, a neighbor, or someone nearby – as in the case … Continue reading Domestic Violence Mandatory Restraining Orders in Colorado

Colorado Criminal Defense: You Must Provide Certain Information Before Leaving the Scene of an Accident

Under Colorado law, it is illegal to leave the scene of an accident resulting in injuries or damage to others without first giving the driver’s name, address, and registration number of the vehicle, in addition to providing a driver’s license if requested. The driver must also render reasonable assistance to anyone injured in the accident, … Continue reading Colorado Criminal Defense: You Must Provide Certain Information Before Leaving the Scene of an Accident

The Legality of Colorado Wiretaps: The Judicial Officer, the Application, and Other Requirements

The Fourth Amendment to the United States Constitution provides that warrantless searches and seizures are presumptively invalid. Warrants are required before law enforcement may conduct a wiretap. Neutral and Detached Judicial Officers May Issue Warrants A judge or magistrate issuing a search warrant must be neutral and detached. Judges and magistrates are not to be … Continue reading The Legality of Colorado Wiretaps: The Judicial Officer, the Application, and Other Requirements

Explanation of Jury Selection, or De-Selection, in Colorado Criminal Courts

Jury selection is the first stage of any criminal jury trial. Sometimes it is referred to conversationally as jury de-selection. This is because jury selection is a process of questioning far more jurors than the number of jurors that will actually hear the trial, and eliminating jurors one by one until both parties have completed … Continue reading Explanation of Jury Selection, or De-Selection, in Colorado Criminal Courts

Denver Defense Attorney: Witnesses Taking the 5th in Colorado Criminal Courts

When a defendant is charged with a crime, the defendant will often challenge the prosecution’s evidence by presenting evidence in his or her defense. This evidence may come in the form of videos, audio recordings, documents, or other physical, tangible evidence. This evidence may come in the form of the testimony of the defendant himself … Continue reading Denver Defense Attorney: Witnesses Taking the 5th in Colorado Criminal Courts

Colorado Drivers Must Identify Themselves to Police as Drivers

People v. Hernandez, No. 09SC615 (Colo. April 11, 2011) TOPICS: Leaving the Scene of An Accident Sufficiency of the Evidence Driver must Identify Self as Driver Facts: Chivalry is not dead. Mr. Hernandez allegedly drove an SUV after a party, and crashed into another car. The occupants of the other car suffered some serious injuries. … Continue reading Colorado Drivers Must Identify Themselves to Police as Drivers

Sexual Conduct under Colorado Rape Shield Law

In Re: People v. Williamson, Case No. 10SA325 (Colo. April 11, 2011) TOPICS: Evidence Soliciting / Prostitution Rape Shield Definition of “Sexual Conduct” Facts: The prosecution charged Mr. Williamson with kidnapping and sexual assault. Mr. Williamson claimed the complaining witness works as a prostitute, and wanted to admit other instances of her prostitution to prove she … Continue reading Sexual Conduct under Colorado Rape Shield Law