The Bussey Law Firm PC has a long history of successfully representing citizens accused of driving under the influence of alcohol or drugs in Colorado. Over the years it has been common for clients to point out that during the stop and arrest, the police officer did not advise them of their Miranda rights. Let’s take a look at Miranda rights and Miranda violations in DUI investigations.
In Colorado, police have the right to arrest a person and bring them into custody after an arrest warrant has been issued by a judge, magistrate, or grand jury. Once a warrant has been issued, it generally remains in effect until the suspect is placed under arrest, they appear in court, or it gets cancelled.
Patrick Rau and his girlfriend rented a second-floor apartment in an old 19th century Victorian home that had been converted into seven apartments. Early in the morning on January 19, 2017, Mr. Rau’s girlfriend noticed that the door to the basement was open. She told Mr. Rau that she suspected that someone had broken into the basement.
Colorado led the nation in increased property crime rates from 2010 to 2020, according to a recent report from the Common Sense Institute (CSI). The motor vehicle theft rate in our state more than doubled in this 10-year period. Annual costs associated with crime in Colorado in 2020 totaled $8.5 billion. While the national property crime rate decreased by 8% during the first year of the global pandemic, property crime in Colorado increased by 8%.
An eyewitness is someone who was present at the scene of a crime who gives testimony about what occurred. They are sworn to tell the truth and generally have credibility with the jury. The problem is that eyewitnesses don’t always get it right. An experienced Colorado Springs criminal defense attorney may have grounds to challenge an identification made by an eyewitness.
Under the Fourth Amendment to the U.S. Constitution, a warrant cannot be issued without probable cause. Probable cause means reasonable grounds for a search and seizure or pressing charges. An affidavit of probable cause is a sworn statement, usually made by law enforcement, which provides factual justification for why a judge should issue an arrest warrant or a search warrant. It may also provide factual confirmation that a person in custody was arrested based on solid evidence during a crime in progress, and that the person being held is likely to have committed the crime. If the judge is convinced by the affidavits that there is probable cause to believe a crime has been committed and that the defendant committed it, an arrest warrant or search warrant is issued.
Colorado Revised Statute 18-5-211 makes it illegal to commit insurance fraud in Colorado. The statute outlines five ways a person can commit insurance fraud.
By definition, a person who is incarcerated has lost some freedoms for the duration of the prison term. But every prisoner still has basic human rights guaranteed under the U.S. Constitution. If you or a loved one is facing time behind bars, it is essential to know what rights prisoners have.
Seeing those red-and-blue lights in your rearview mirror is more than enough to make anyone nervous. However, while it may seem as though the police have the right to walk all over you, you should keep in mind that you have rights, too. Knowing these rights may help you from incriminating yourself during a pullover in Colorado.
All crimes in Colorado can be sorted into one of two groups: specific intent and general intent. Which you are being charged with will determine the kind of defense that your attorney should implement during your trial.