Legal Blog

Legal Blog

NEW CRIMINAL SEALING BILL

NEW CRIMINAL SEALING BILL

House Bill 19-1275 is new legislation modifying Colorado’s rules for sealing criminal records. With several exceptions that we will discuss, the bill promotes such sealings—it enlarges the category of cases that can be removed from someone’s criminal record, prescribes steps courts must take to help people through the process of removing them, and stops prosecutors […]

DUI FATALITY SHOULD NOT BE FIRST DEGREE MURDER

DUI FATALITY SHOULD NOT BE FIRST DEGREE MURDER

We recently blogged on the tragic case of Ever Olivos-Guttierez, the undocumented alien who slammed into the vehicle of 17 year old Juan Carlos Dominguez-Palomino. Mr. Olivos-Guttierez fled the scene, and the young Dominguez-Palomino was killed. In a very unusual move, the Arapahoe County District Attorney’s office charged Mr. Olivos-Guttierez with 1st Degree Murder. In […]

PETTY MUCH? THE PROBLEM OF OVERBLOWN CRIMINAL CASES

PETTY MUCH THE PROBLEM OF OVERBLOWN CRIMINAL CASES

There is an expression in Latin, de minimus non curat lex, which means “the law does not concern itself with trifles.” We probably didn’t need to tell you that—no doubt your Latin is all brushed up on. Our apologies. Ipso apologium. Whatever. Anyway, the idea that a state’s system of justice should be called into action only […]

SHOULD WE PUNISH, OR REHABILITATE?

SHOULD WE PUNISH OR REHABILITATE

As criminal defense attorneys we think so much about the front end of the justice system—the settlement of cases in court—that we might sometimes neglect to consider what comes after a conviction. But it is in the post-sentencing stages of a criminal proceeding that the full weight of the matter reveals itself, not just for […]

FISA WARRANTS: ARE THEY LEGAL?

FISA WARRANTS ARE THEY LEGAL

Controversial Beginnings The investigation into U.S. President Donald Trump’s relationship with Russia has controversial beginnings: a warrant from the Foreign Intelligence Surveillance Court (FISC) authorizing the secret observation of people close to Trump. Regardless of one’s feelings about this investigation in particular, warrants issued under the Foreign Intelligence Surveillance Act (FISA) in general animate the […]

PUNISHED BUT NOT GUILTY

PUNISHED BUT NOT GUILTY

Convicting the Innocent According to The Innocence Project, a nationwide organization working to exonerate, win compensation for, and rehabilitate people wrongfully convicted of crimes, around seventy percent of the hundreds of convictions the organization has overturned so far using DNA evidence have resulted from eyewitness misidentification. Traditional police methods promote such error, in part because […]

HEMP, FORMERLY SCOURGE OF CIVILIZATION, RECLASSIFIED AS A PLANT

HEMP FORMERLY SCOURGE OF CIVILIZATION RECLASSIFIED AS A PLANT

New Laws With the passage of The Agriculture Improvement Act of 2018, legislators have officially distinguished hemp from marijuana, making hemp an agricultural product instead of a controlled substance. From this will come a multitude of changes. Hemp farmers can now buy crop insurance. Banks will grant loans to hemp-related businesses, and credit card companies […]