A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION). The victim of a crime should invoke and exercise the victim’s rights and privileges as related to the criminal case and as defined and guaranteed by the United States and Colorado constitutions, statutes, and court orders. …
A VICTIM HAS A RIGHT TO RETAIN LEGAL COUNSEL (AN ATTORNEY) AND RECEIVE DISCOVERY IN THE CRIMINAL CASE. The victim of a crime in Colorado has a right to retain an attorney and legal counsel. The victim has a right to retain an attorney in all matters related to the victim’s status as a complaining…
A person does not have to actually physically commit a crime in order to be guilty of the crime itself. Acting as the principal in the commission of a crime is, of course, one way to be guilty of a crime. There are other theories of guilt as well, however. Two common theories of guilt,…
The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. Searches and seizures conducted without a warrant are presumptively unreasonable. If a search and seizure is conducted in violation of the Fourth Amendment to the United States Constitution, the evidence obtained by conducting the search and seizure must be suppressed. Connally…
THE USED-AND-ABUSED VICTIM: A person who is an actual victim, but a victim of much less serious conduct than the defendant is charged with committing. One of the most used and abused victims in the criminal justice system in Colorado is the person who is a victim of a minor (or less serious) offense, but…
Victim Rights Attorney in Colorado THE PROPERLY-NAMED (BUT IGNORED) VICTIM: A person who is an actual victim, but who wishes and rights are ignored by police and prosecutors. Often a person is alleged to be a victim, and that person is in fact an actual victim; however, the police and prosecutors simply ignore such victim’s…
In 1979, the United States Supreme Court decided Lo-Ji Sales, Inc. v. New York. In that case the court addressed several issues related to search warrants and their execution. Factual Information In that case, a New York State Police investigator bought two films from the defendant’s adult bookstore. The investigator believed these films violated state…
In Colorado, victims of domestic violence have certain and specific rights. These rights are fundamental to fairness and to victims being treated properly, respectfully, and with fairness and dignity. If you are the victim of domestic violence (or named as a victim in a police report or in the charges in court), you need an…
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…