Denver Criminal Law Blog

Have you ever found yourself in a situation where you had to defend yourself only to end up facing misdemeanor assault charges? In Denver, self-defense claims can serve as a powerful tool in your legal arsenal. Under certain circumstances, self-defense justifies using force against another person. In Colorado, you have

One interesting thing that researchers have found is that crime – and particularly violent crime – is more common in the summer months than it is during the winter. Some researchers claim that criminal trends, therefore, have a seasonal influence. Crimes quite literally are more likely at specific times of

A plea deal may seem a quick and easy way to resolve your criminal charges. However, rushing into such an agreement without careful consideration can result in serious and long-lasting consequences. If you are offered a plea deal, take your time to understand what you are getting yourself into before

In recent years an increasing amount of daily activities have been conducted online. Examples include shopping, business transactions and banking. Importantly, the way we communicate has largely shifted online. Both positive and negative communications can be sent online. The legislature in Colorado understands this, which is why the law on

When you’re talking to the police, don’t assume that they’re telling the truth. It may feel like the police should be honest with you during an interrogation or when they are questioning you – even if it is as simple as asking questions during a traffic stop – but that’s

If you make a post on someone else’s Facebook wall, you probably assume that everyone can read it. The message may only be intended for that individual, but it’s still a public post. You’re not saying anything secret. When you send a private message, however, you likely think of this

Social media platforms are often used as “places” where individuals can engage freely in self-expression. An individual’s social media activity often reflects their thoughts, actions and lifestyle choices. As a result, it isn’t hard to see why someone who isn’t careful with what they post could do damage to their

Navigating the legal landscape can be daunting, especially for teenagers who may not fully understand their rights when interacting with law enforcement. As a parent to a teenager, you should try to make sure that they understand their civil liberties, especially their Miranda Rights. This way, you can empower your

Understanding the nuances between various criminal charges is crucial. One such area of confusion that many people face is distinguishing between misdemeanor and felony assault. Both involve unlawful physical harm to another person, but they differ significantly in terms of severity, consequences and legal implications. Assault refers to an intentional

Interactions with law enforcement are a relatively rare occurrence for most people. This means that when they do happen, they can feel overwhelming. It may be tempting for an individual to plead their innocence and answer every question law enforcement has in detail. The reality is that this can put

The rise of smartphones and instant messaging apps has brought the ease of sharing pictures and videos with just a tap. While this technology fosters connectivity and instant sharing of memories, it has paved the way for dangerous practices, especially among young users. Selfies, a popular form of self-expression, can

The police could charge someone with driving under the influence (DUI) on any day of the year at any time of day. Yet, they make far more arrests at certain times of year. Why is this? Colorado law enforcement runs campaigns to catch drunk drivers on certain dates. One of

Shoplifting costs U.S. retailers billions every year. Reports put their losses for 2021 at $95 billion. So it is understandable that stores want to do all they can to prevent people from walking out of their stores with goods they have not bought. Yet, sometimes, they go too far. Each

The police are not permitted to lie to a court. If discovered they could face serious disciplinary action. Yet that does not mean they cannot use lies to secure a conviction. Lying to a suspect they are questioning is a common police tactic and it’s one that the law permits.

If the police charge you with a crime, someone’s memory may have contributed toward their decision. Someone told an officer that they recall seeing you, or someone matching your description doing something that links you to the crime. The problem is that most people’s memories are not that good –

Colorado Traffic Stops typically begin with a police officer requesting the driver’s license, registration, and proof of insurance. While motorists must generally comply with this request, they can remain silent and refuse to answer any additional questions. However, if the officer has reasonable suspicion of criminal activity or other specific

Social media lets users share big and small details of their lives with friends, families and followers. In turn, Facebook, Twitter, Instagram and other popular platforms also enable users to keep track of people. This is how it works in the modern era. Those charged with a crime may want

Seeing flashing lights in your rearview mirror can be a startling experience. You may be unsure if you pushed the limit and had too many drinks before heading home, or you may worry that you committed some other traffic violation. Once the officer walks up to your vehicle, it can

The Colorado Highway Patrol announced that it would begin issuing body cameras to officers in the middle of 2022, with the full implementation scheduled for February 2023. The CHP’s website cites many benefits of employing the Axon BWC program, including better accountability, gathering evidence, promoting professionalism, and transparency. Becoming commonplace

Many do not realize that about 95% of criminal cases do not go to trial, even if they are felonies. The prosecution will likely approach the defense attorney to negotiate a plea bargain, whether before the trial gets underway or sometime later in the adjudication process. Regardless of how the

Law enforcement has broad leeway during a traffic stop to determine probable cause or secure a piece of evidence. Generally speaking, the officer can seize anything in plain view, whether the interview takes place in a vehicle, a home or even a place of employment. The prosecution may then use

Two people can witness the same event and see it in two different ways. Nevertheless, eyewitness accounts still are a cornerstone of evidence used in litigation. Now, the courts realization that eyewitness testimony is not as ironclad as once thought. DNA evidence has now been used in overturning 70% of

The state’s politicians have skirted the issue of guns more often than not in recent years. This year was different, with five bills passed. Senate Bill 78 Named after a woman murdered with a stolen gun in 2020, the Isabella Joy Thallas Act passed in April gives firearm owners five

One of the major recent news stories was truck driver Rogel Aguilera-Mederos’s sentencing for 110 years. The man caused the 2019 accident on I-70 after his truck’s brakes failed, killing four. He was guilty of 27 counts, including four counts of vehicular manslaughter, six counts of assault in the first

Just about everyone has seen a television show or movie where a character is speaking to a judge, but it is not the same as being in the actual courtroom. It can be pretty intimidating, particularly when facing criminal charges for the first time. Good criminal defense attorneys will prepare

The Fourth Amendment protects people from unreasonable searches and seizures. Therefore, law enforcement typically must get a warrant from a judge before searching citizens’ private property, which could be a person’s home, car, backpack, or their clothing. Nevertheless, the law officer can perform a reasonable search without a warrant. When

Nearly every vehicle manufactured over the last decade has relied upon an onboard computer. This technology enables drivers to sync smartphones, use a navigation function and engage the self-driving function. Still, computers also monitor vehicle performance, operate turn signals and perform other essential functions. It also keeps records of these

Technology is an increasingly important part of our lives. In the era of smartphones, toasters with microchips and computers in every workspace, it is unavoidable, even in law enforcement. While Colorado has a ban on polygraph tests because they were deemed unreliable, the next iteration may be EyeDetect, which uses

Police arrest reports frequently chronicle the events leading up to close-and-personal interaction with an individual alleged to have engaged in criminal misconduct. And that is understandable. The American justice system frowns upon – in fact, bars pursuant to a host of federal and state laws – criminal charges and sought

You remember the high-profile and much-lauded First Step Act of 2018 if you follow criminal law news stories and developments. And here’s why: The federal legislation that scored broad-based bipartisan endorsement on Capitol Hill and was ultimately signed into law by then-President Trump ushered in with considerable fanfare. Criminal law

Are you familiar as a Colorado reader interested in criminal law topics with secret gag orders? If you are, you’re likely concerned with their issuance and application. If such orders don’t ring a bell for you personally, perhaps they should. A number of criminal law commentators address them with some

Warrants used to do the trick. Now a simple phone call to any one of several supersized tech companies often suffices. Today’s blog post spotlights subject matter central to criminal law probes that has spelled a top-tier and often controversial topic for decades, if not centuries. The focus: authorities’ securing

There is a kind of perverse irony attached to the advocacy group National Registry of Exonerations. On the one hand, the organization likely welcomes public recognition and acknowledgment of the important work that it does. On the other hand, that very recognition underscores the continued existence of a compelling and

“We’re no longer throwing away people who are redeemable.”   That is less a certainty than it is the expressed hope of one Colorado lawmaker sponsoring a new legislative bill that he and other criminal law reformers want to see modify existing law in one controversial area. Specifically, that is

Criminal charges spell understandably top-tier concerns for those in Colorado and nationally who face them, having the potential to upend life in an incalculably adverse way. There is no wiggle room on that point, as noted by an authoritative Colorado legal source on criminal law challenges and defense strategies. It

A candid observation of the American criminal justice system can stress without any real argument that defendants confront a system tilted against them from the moment they are criminally charged. Without proven legal counsel, they stand alone. And they immediately confront when doing so an apparatus of immense resources and

Actually, that question mark concluding the above header query can be safely removed, with the headline simply stated as a fact-based assertion. Because there is really no question about it: Notwithstanding advocates’ routine praising of forensic evidence that plays into criminal probes and convictions, there is actually quite a bit

Coloradans seeking to comply in good faith with imposed probationary conditions often find that to be an easier-said-than-done task. For starters, exactions can be many and varied. Keeping close track of every requirement and following it precisely in every instance can be arduous and sometimes confusing. Individuals striving diligently to

They keep doing it, and the general public – both nationally and unquestionably across Colorado – continues to speak harshly against the practice. And in a stridently persistent way driven by perceived injustice targeting individuals who are often victims rather than wrongdoers. One authoritative Colorado legal source duly cites the

The “first foray.” That is how an in-depth piece on American criminal law reform describes the value of so-called executive actions as tools employed by the federal government to promote a more rational and fair justice system. Executive actions have prominently gained traction in recent years from their progressively increasing

You might know a thing or two about grand juries even if you have never been tasked to appear before one. Movies and television crime dramas often refer to or feature grand juries in action. They play a key and distinct role in the American justice system, and certainly in

Here’s a bit of number-crunched data relevant to Colorado’s penal system that is immediately notable and concerning: Reportedly, more than 1,200 inmates are over 60 years of age and at heightened risk from Covid-19. That is serious news, given that 8,000-plus incarcerated individuals in the state have already tested positive

Talk is, well, cheap. State and federal proponents of criminal law reforms – and there are legions in a progressively expanding camp – voice growing frustration with pro-change rhetoric they say is long on generalities and short on details. A principal with the nonprofit group Sentencing Project duly concedes that

“Unimpeachable and always reliable.” That is the broad public perception of forensic evidence introduced into a criminal law case in Colorado or elsewhere. We noted in a recent Shazam & Kianpour blog post (please see our December 9 entry from last year) the “it must be true” presumption routinely accorded

Criminal charges against Colorado residents are challenging for a number of reasons. We duly note at the long-established Denver criminal defense law firm of Shazam Kianpour & Associates that individuals routinely face charges “that threaten their livelihood, their reputation, their family and their freedom.” And we underscore this on our

Colorado prosecutors often search for criminal charges they can file that will yield maximum penalties for defendants. Sometimes they struggle to link an individual’s specific conduct to any particularized wrongdoing. Wouldn’t it be nice for them – even if arguably objectionable – if they could simply apply some generalized and

Lock them up and throw away the key. Readers of criminal law blogs and other justice-themed articles and reports have heard that refrain before. In fact, they’ve been hearing it or other similarly conveyed utterances for decades. A tough-on-crime approach has been the central mantra for the country’s well-entrenched War

You’re sitting on the couch watching a CSI crime drama and note that it’s just about 7:50 p.m. The show is close to concluding, with no real promise that the guy who you can see is clearly guilty of a heinous crime will be identified and held accountable. Wait a

It was a normal weekend day. You bought a few things at the grocery store. You visited a bookstore. You deposited a check at the bank. You went to a church meeting. Did you know that law enforcers in Colorado and nationally can potentially track all those movements with precision

“Why don’t I know who my DA is?” That is a question that a commentator in a recent Denver article spotlighting Colorado district attorneys and upcoming elections to select them says many state residents are now asking themselves. And Gordon McLaughlin stresses the importance of that query, given the significant

The criminal justice realm in Colorado and nationally will always comprise top-tier subject matter when it is spotlighted in conversation or a news piece. And that is logically so, because virtually everything about it is of an ultra-serious nature. The outcomes of criminal law cases are often life-changing and even