The Federal Sentencing Guidelines
Structured for fairness, the Federal Sentencing Guidelines balance uniformity with judicial discretion, inviting exploration into their evolving impact on justice. Discover more.
Structured for fairness, the Federal Sentencing Guidelines balance uniformity with judicial discretion, inviting exploration into their evolving impact on justice. Discover more.
Step into the world of RICO, a powerful tool against organized crime, and uncover the secrets of its controversial reach.
How does the Computer Fraud and Abuse Act redefine cybersecurity boundaries while imposing significant penalties for violations? Discover its impact on businesses.
Our guide explores the intricate legal process of defending drug possession charges in Colorado, revealing key strategies that could change your case’s outcome.
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…
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…
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,…
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…
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….