Criminal Defense

Whether police pull over a driver for a broken tail light or running through a stop sign, sometimes the encounter does not end with the original problem. In some cases, a seemingly minor traffic stop may instead end in the driver’s arrest. For the situation to involve an arrest, police first need a reason...

Our criminal justice system is meant to protect defendants’ rights. Many of our constitutional amendments were specifically written to guarantee certain rights for criminal defendants, including the right to due process of law, to have competent counsel, to be free from unreasonable search and seizure, to confront the evidence and witnesses against you and...

We have all seen them: the cameras that sit on top or near the traffic lights. To date, there are at least six in the City of Boulder. For example, there’s one at the intersections of 28th Street and Arapahoe Avenue, yet another one at 47th Street and Valmont Road. But just why are...

The Fourth Amendment guarantees freedom from “unreasonable” searches and seizures by government agents like police officers. That has generally meant that the police are required to obtain warrants before they arrest someone or search their property — unless the police can point to a recognized exception to the warrant requirement. These exceptions include emergencies,...

“I want my truck back. I’ve always wanted it back.” When an Indiana man was caught selling a small amount of heroin, he accepted that he would be charged with a crime. He accepted it when he was convicted and sentenced to a period of house arrest and then probation. What he could not...

“When the government tracks the location of a cell phone,” writes Chief Justice John Roberts, “it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.” The observation comes in Carpenter v. U.S., a case the U.S. Supreme Court recently decided on a 5-4 vote. The decision acknowledges...

The keto diet is all the rage these days. It was the most searched diet on Google in 2018.  It is a low-carb way of eating, similar to the Atkins diet that was popular in the early 2000s. But what many eating keto may not realize, is that it can actually cause a false...

Did you know that Colorado is imprisoning more people than ever before even though the crime rate is at an historic low? According to the ACLU, the state’s prison population exploded by 661 percent between 1980 and 2016. The civil rights organization projects an additional 38-percent increase by 2024 unless changes are made. The...

According to the Innocence Project, the misapplication of forensic science is a contributing factor in 45 percent of wrongful convictions that were resolved through DNA exonerations. The problem, which the Innocence Project defines as unreliable or invalid forensic discipline, insufficient validation of a method, misleading testimony, mistakes or misconduct, is the second most common...

The prosecutor may be the most powerful figure in the criminal justice system. They have power over everything from what charges will be filed to what the sentence will be after a conviction. They have influence over whether defendants get bail or have to remain locked up until they can be tried — or...