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Criminal Defense

Mandatory sentencing run amok in Colorado

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

There are collateral consequences in a conviction

There is a long list of penalties for crimes ranging from Class 1 Felony to Class 3 misdemeanor here in Colorado. They involve serving time in prison, fines, restitution, classes, parole, sentencing alternatives, and other consequences. But having a criminal record can also lead to other life-changing consequences not listed

What are minors in possession charges?

There is nothing new about minors getting caught drinking alcohol. While in decades past, the police would confiscate the alcohol and possibly notify the parents, Colorado law now lists it as Minor in Possession or Consumption of Alcohol (MIP MIC). It is punishable with a maximum fine of $250 for

Proper courtroom etiquette is important

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

Police do not always need a warrant

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

New federal bill seeks to prevent car spying

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

Will new lie detectors return to the courts?

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

What was really on trial: a police officer’s alleged smelling powers

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

Opinion: Vaunted First Step Act now in a sideways shuffle

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

“Major shift” from the norm: clandestine govt. snooping

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

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