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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

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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

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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

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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

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Colorado Presumptive Penalties for Felonies (Sentencing Guidelines)

The sentencing scheme under the Colorado sentencing guidelines, which dictates the presumptive range established for all classified felony offenses within the state, is generally governed by Colorado Revised Statutes (CRS) § 18-1.3-401, et seq.  The specific statutes controlling what sentence a person receives is ultimately very case specific, so discussing your case with an experienced criminal defense … Continue reading Colorado Presumptive Penalties for Felonies (Sentencing Guidelines)

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Colorado Wiretap Violations and Remedies

People v. Gallegos (Colo. April 11, 2011) TOPICS: Wiretapping Statutory Violation and Remedy Neutral and Detached Magistrate Appearance of Impropriety of Judge Facts: The Chief Judge in El Paso County, Judge Samelson, signed a series of wiretaps that ensnared five separate people the prosecution accused of some drug distribution conspiracy. The Court consolidated all the … Continue reading Colorado Wiretap Violations and Remedies