In a 7-1 opinion in March of this year, the court ruled that the current scheme in Colorado for exonerated defendants is unconstitutional and that it specifically violated 14th Amendment due process. Nelson v. Colorado challenged a Colorado law which stated that if a convicted person was exonerated on appeal (or some other type of post-conviction […]
The Fourth Amendment to the U.S. Constitution was part of the original Bill of Rights. The amendment is designed to protect persons, houses, papers, and effects from unreasonable searches and seizures. But the Fourth Amendment did not clarify exactly what qualifies as an unreasonable search and seizure. So it has been the courts who have […]
Recently, the Supreme Court agreed to review a case out of the US 6th Circuit Court of Appeals that addresses Fourth Amendment rights and cell phones. The case is Carpenter vs. United States and is significant because it can change the way digital information is accessed by police and if the access would require a warrant. Moreover, […]
Crimes are typically divided into two categories, misdemeanors and felonies. Though what defines these titles can vary from state to state, it is important to recognize the differences between the two. Here are 10 categories where discrepancies between misdemeanors and felonies exists. 1.The Severity of the Crimes Misdemeanors are thought to be less severe in nature […]
The moment you are faced with criminal charges is the moment you should consult a criminal defense lawyer. The prosecution will work against you and they have many years of experience and resources to do this quite successfully if you do not protect yourself. When you are charged with a criminal offense, the first thing […]
All states have taken a strong stance against drunk driving in the past two decades. The enhanced penalties mean that a conviction for driving under the influence (DUI) can create both short and long-term problems. Even a first conviction for DUI can result in automatic jail time and a license suspension, as well as significant […]
While the arguments to keep cities safe and to reduce expenses sound compelling, they are not backed by numbers. In fact, there is substantial evidence that sanctuary cities are not in more danger than other cities and that helping undocumented people is not a huge cost but in fact benefits the city. Immigrants and Crime […]
In 2015, a woman named Kathryn Steinle was murdered by a stray bullet in San Francisco. Her killer was an undocumented immigrant male. Steinle’s tragic death is one that opponents of sanctuary cities often cite when explaining why they are against them. In her case, the murderer had actually been deported several times for other crimes, but […]
Immigration is a hot topic these days and several cities, including Denver, have made the news for being sanctuary cities. The debate revolves around whether cities who protect undocumented people from immigration enforcement should continue to receive support from the federal government. New President Donald Trump opposes sanctuary cities and believes they are hotbeds of […]
Fault Determination Just as a detective will use clues to solve a crime, there are some important clues the courts and insurance companies use to decide who will pay all or most of a car accident liability claim. The industry term is ‘fault determination.’ One of the most straight-forward examples of fault is in the […]