Denver Colorado Criminal Defense Attorneys
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, … Continue reading Defending an Allegation of Complicity in Colorado Criminal Courts
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 … Continue reading Denver Criminal Defense Attorney: Overview of Connally v. Georgia – Detached and Neutral Requirement for Search Warrants
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 … Continue reading Denver Criminal Defense Attorney: Overview of Lo-Ji v. N.Y. on Search Warrants
The Exclusionary Rule and the Burden of Proof In Colorado an accused person can challenge any and all evidence obtained illegally by the police. When such evidence is challenged and found to the obtained in violation of either the Fourth Amendment of the U.S. Constitution or Section 7 of Article II of the Colorado Constitution, … Continue reading Colorado Burdens of Proof for the Exclusionary Rule
Cullen v. Pinholster, 563 U. S. ____ (2011), No. 09–1088. Experienced Criminal Defense Attorney in Boulder, Colorado explains Death Penalty Law relating to Habeas Corpus, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and Ineffective Assistance of Counsel. Facts: A jury in the State of California convicted Mr. Pinholster of murder where he … Continue reading Ineffective Assistance of Counsel Explained by Criminal Defense Counsel
Experienced Colorado attorney explains definition of ‘conviction’ for purposes of the two-prior felony rule. People v. Kiniston (Colo.App.2011) Facts: Mr. Kiniston pled guilty to theft directly from a person (a class five felony), and the court approved a deferred sentence. Unfortunately, Mr. Kiniston picked up two felony convictions after the court placed him on the deferred sentenced. … Continue reading Experienced Colorado attorney on ‘Conviction’ under two-prior felony rule
Experienced Colorado Attorney Explains People v. Schakley and Issues of Venue. Synopsis: In an off-year election, 2009, Mr. Schakley allegedly voted in both Arapahoe and Adams counties. Carol Chambers and crew in Arapahoe charged Mr. Schakley, who voted in his own name on both ballots, with misdemeanor voting fraud. The defense filed and the Arapahoe … Continue reading Experienced Colorado Criminal Attorney Explains Venue
Experienced Colorado criminal defense attorney explains a warrantless search of abandoned property – specifically an iPhone. People v. Schutter Synopsis: Up in Aspen, Mr. Schutter dropped by a convenience store, got a key to the restroom, used the facilities, but forgot both the key and his iPhone in the restroom. The clerk at the convenience … Continue reading Experienced Denver Criminal Defense Attorney on Search and Seizure of Abandoned Property
An experienced criminal defense attorney explains Connick v. Thompson and prosecutor’s liability for Brady Violations. Facts: Louisiana convicted Mr. Thompson of armed robbery in one case, murder in another case, and sought and obtained a death sentence against him. The same District Attorney assigned the same lead DA to each case along with 2 other … Continue reading Experienced Colorado Attorney on Sentencing
Lawyers in a criminal case (the prosecutor and the defense attorney) cannot encourage witnesses from refusing to speak to the other lawyer about the case. However, as one court said, “[i]ndeed, witnesses have a choice whether to speak with counsel […]” about what they have seen and heard. Nonetheless, it is improper for an attorney … Continue reading Colorado Criminal Defense: Sanctions for Advising Witnesses Not to Participate in Investigations by Attorneys