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Russell Hebets

You Have the Right to Remain Silent: 5 Myths about Miranda Rights

You have the right to remain silent. Anything you say can and will be used against you….These are the opening phrases of the infamous Miranda warning. If you have not heard these words in real life, you have likely heard them on television. You may even have watched a TV court case fall apart when the clever attorney (the one in the red suit) finds out that her defendant was not “Mirandized.” Well, we hate to break it to you, but in real life court cases, Miranda warnings are a little more complicated. Here are 5 myths about Miranda rights, debunked.

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Hebets & McCallin

Falsely Accused of Domestic Violence

Nearly 37% of women and more than 30% of men in Colorado say they have experienced physical or sexual violence or stalking by someone with whom they have or had an intimate relationship.

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Colin McCallin

Do a Hate Crime, Do Hard Time

In 2021, hate crimes in America rose to their highest level in twelve years. Along with the invasion of COVID-19, the virus that began taking its hold in China, hate crimes against Asians increased 150% between 2019 and 2020. The civil unrest related to the killings of George Floyd and other Black men at the hands of the police ushered in an uptick of hate crimes against Black people. Some argue that racial tension in the United States has reached a boiling point and that hate crime legislation has not done enough to curb violence and criminal behavior related to race and sexual orientation. On the other hand, some say that federal hate crime legislation goes too far and oversteps state laws. In this article, we explore the history of hate crime legislation, its evolution, and the purposes behind it.

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Russell Hebets

Can Cops Lie to You?

The police have brought you in for interrogation. You are feeling a whole host of emotions: fear, anger, confusion, and you simply want to get out of the station and go home. Investigators want to get the interrogation over as quickly as possible, as well. They want to get the answers they need from you and move on with their caseloads. In order to move things along, however, police officers will use a number of tactics to collect this evidence. One of these tactics, that is completely legal in most circumstances, is lying to you.

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Colin McCallin

This is My First DUI or DWAI. What Should I Expect?

In Colorado, driving a motor vehicle while under the influence of drugs, alcohol, or both is prohibited. If convicted of DUI or DWAI, the defendant could face lengthy imprisonment, huge fines, license revocation or suspension, and other administrative penalties.

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Colin McCallin

To Testify or Not to Testify

In criminal trials, there is usually a question that looms large in the minds of defense attorneys. Should the defendant testify? Each defendant has their own quirks and challenges and they need to be examined on an individual basis. In this article, we give you some food for thought as to how to evaluate whether a defendant should get on the stand.

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Russell Hebets

Frequently Asked Questions About DUIs

According to the Colorado Department of Transportation, 4,805 drivers were cited by state patrol for driving while under the influence in 2020. Under Colorado law, it is illegal for a person to operate a motor vehicle while under the influence of drugs or alcohol.

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Russell Hebets

Mandatory Sentencing: Too Harsh or Just Right?

Mandatory sentencing has gotten some bad press in Colorado lately. The high profile case of Rogel Aguilera-Mederos, the truck driver who was sentenced to 100 years in prison after a deadly accident has called the Colorado sentencing laws into question. (check out our podcast on the case here) The truck driver, who was sober at the time, lost his brakes on Colorado’s I-70 and crashed into multiple cars, killing four people.  After Aguilera-Mederos was given a sentence that is more than twice as long as some murderers, even the judge had regrets about having to hand out such a harsh sentence. But Colorado law forced him to do so. You might be asking: How could such a disproportionate sentence be handed out in America? We will look into the history, the details, and problems with mandatory sentencing in this article in order to answer this question. What should be done about it? We explore that, too.

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Colin McCallin

Will Abortion Be Illegal Soon?

Roe v. Wade has divided the country for decades, with many Americans conflicted on when abortions should be allowed, if at all. The landmark decision of the Supreme Court in 1975 established the right of women to have an abortion as a “matter of privacy.” Will it be overturned? We will talk about the likely future of the law and its history in this article.

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