Category Archives: Criminal Defense

HOW DOES COLORADO’S RED FLAG LAW WORK?

HOW DOES COLORADO'S RED FLAG LAW WORK?

New Legislation A new law is hitting the books in Colorado in January, and a lot of people are talking about it.  The “Deputy Zackari Parrish III Violence Prevention Act,” one of the various “red flag” laws emerging across the country, will allow a concerned family member, spouse, roommate, or law enforcement agency to file […]

SEARCHES AND SEIZURES: WHERE DO YOUR RIGHTS END?

SEARCHES AND SEIZURES: WHERE DO YOUR RIGHTS END?

A Delicate Balance Contact with the police under U.S. law involves a shifting tension between citizens’ constitutional rights and the need to stop crime: the greater the imposition police make on someone’s privacy, the greater the cause they must be able to show for that imposition. Since evidence police collect during contact with citizens can […]

TO SEARCH OR NOT TO SEARCH

TO SEARCH OR NOT TO SEARCH

Recently, there has been an increase in travel security at the borders. Not only have restrictions to travel been enacted but there have also been more searches, including searches of people’s phones. Unknown to most, Border Patrol and Customs agents have long had extensive powers to search when they have reasonable suspicions and often when they do […]

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 […]