Denver Criminal Defense Lawyer

Experienced Denver DUI Attorney

Denver Criminal Attorney — Thu, 15 Sep 2011 00:25:37 +0000

If you or someone you know is facing allegation of DUI, DWAI, DUI (drugs), or any other alcohol-related offense, there are some very important things to keep in mind, and attorneys at Masterson Hall, P.C. want to share these tips with you.

First and foremost, pleading “guilty” is not the proper way to take responsibility. Hiring an attorney who knows how to protect your rights is.

Masterson Hall, P.C. is a law firm in Denver dedicated to DUI, DWAI, and other traffic offenses. The law firm has lawyers with years of experience combating criminal charges like DUI and DWAI, and we represent people all over the Denver metro area. Getting a proper legal defense of your rights and liberties is the only responsibly thing to do if you are facing criminal charges related to DUI or DWAI. Don’t let the police and prosecutors fool you, no prosecutor or cop would try to represent themselves when facing criminal charges for DUI or DWAI. They know the value in retaining experienced legal counsel. They know that doing so the responsible thing to do. Don’t let them trick you into representing yourself or into hiring someone who doesn’t have the experience you need and deserve.

Second, you should NEVER agree to accept any plea deal from the state without consulting an experienced attorney first. Have an attorney with a proven track record for success can be the difference between having a conviction on your record or not, having to serve jail time or not, having to pay costly fines or not. This is because you cannot believe the police or prosecutors. They have one goal in mind: getting the most serious conviction on your record with the most serious sentence for you to serve. In order to achieve this, we have seen both police and prosecutors lie, mislead, and otherwise give false information, agreements, and promises to criminal defendants. In the end, only one person suffers and is harmed by this: that person is YOU.

Third, don’t make the job of the police and prosecutors easier for them. What this means is this: don’t make statements to them about the case, don’t try to discuss the evidence with them, and don’t try to prove your innocence. Prosecutors and police have years of training in how to turn a person’s claims against them. Saying something that you think is helpful will only be used against you later. Even seemingly innocuous or simple statements about you will be used against you later. We have seen it many times, and we are sure we will see it again. Your best course of action is simple: contact an aggressive criminal defense attorney with the experience needed in the area of criminal you are facing.

Finally, addition to experience, you should also find an attorney who you get along with and have good rapport with because you will be working very closely with the attorney to fight the case. There are many great attorneys in the Denver metro area, but finding an attorney who is great and easy to work with is a lot more difficult. Your attorney needs to work closely with you in order to fully understand your case. Thus, finding an attorney you can work together with is extremely important.

So remember: experience AND personality are both extremely vital in obtaining the proper attorney to represent you. The attorneys at Masterson Hall, P.C. have a clear reputation for this being very easy to work with and being extremely experienced, and our reputation has made its way all over town – including with our former clients, judges, clerks, and even other defense attorneys in the Denver metro community.

Call today. We answer 7 days a week!

MASTERSON HALL, P.C.
Direct Phone Number to Attorneys: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

Let us fight for you and your rights. We will protect you from overzealous and racist police and prosecutors. And we will always keep YOU and YOUR INTERESTS as our number one goal.

Denver DUI & DWAI Lawyer

Jesse D. Hall — Sat, 30 Jul 2011 22:26:57 +0000

Denver Attorney on 26 Victim Rights

Jesse D. Hall — Mon, 25 Jul 2011 04:49:19 +0000

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Commensurate with the guarantees of justice and due process of section 24-4.1-302.5(1) of the Colorado Revised Statutes, the victim of criminal conduct can specifically requests (through counsel and in writing) to exercise and be afforded each statutorily enumerated right under section 24-4.1-302.5(1)(a) through (v) of the Colorado Revised Statutes and to have such rights protected by, and granted with the assistance and support of, the Court, the prosecution, law enforcement, and corrections agencies (both jointly and severally) – not least of which rights include the following:

To be informed of any and all rights the victim has pursuant to the constitution of the United States and the State of Colorado. See C.R.S. § 24-4.1-302.5(1)(s); see also C.R.S. § 24-4.1-303(14.5).
To be treated with fairness, respect, and dignity; to be free from intimidation, harassment, and abuse – particularly by law enforcement, the prosecution, and the victim witness coordinator assigned by the prosecution; and that the prosecution, law enforcement, the courts, and correctional agencies will take appropriate actions to achieve a swift and fair resolution of all pending matters. See C.R.S. § 24-4.1-302.5(1)(a); see also C.R.S. § 24-4.1-302.5(1)(o); C.R.S. § 24-4.1-303(1).
To be informed of and present (with legal counsel) for all “critical stages” of the criminal justice process. See C.R.S. §§ 24-4.1-302.5(1)(b), (b.5), and (b.7); C.R.S. §§ 24-4.1-302(2) et seq.; see also C.R.S. §§ 24-4.1-303(6)(a), (b), and (c); C.R.S. §§ 24-4.1-303(11)(b) and (d).
To have the prosecution consult with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, or other dispositions. C.R.S. § 24-4.1-303(4).
To prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, other locating information, and other personal information of the victim or the victim’s immediate family – unless (1) the victim consents or (2) the court orders disclosure upon a finding that a reasonable and articulable need for the information exists and such disclosure determination and proceeding by the Court is conducted in camera. See C.R.S. § 24-4.1-302.5(1)(v); see also C.R.S. § 24-4.1-303(2).
To be protected from harm, harassment, intimidation, and retaliation to either the victim or the victim’s family arising from the victim’s cooperation in the reporting, investigating, or prosecution of a crime that the victim believes to have been committed. Such protection includes protection from law enforcement and the prosecutor, and the victim has a right to have law enforcement, the prosecution, and the courts (both jointly and severally) protect the victim from such abusive conduct even when it results from (or is caused by) one of these other government agencies or entities. See C.R.S. § 24-4.1-303(5).
To be informed of any and all pending motions that may substantially delay the prosecution – whether filed by the prosecution, the defense, or any other party; to inform the court of the victim’s position on such motion; to have the victim’s objection to the motion heard and considered by the court; and then to have the court state in writing or on the record (prior to granting or denying said motion) that the victim’s objection was considered by the court. C.R.S. § 24-4.1-303(3).
To be informed when the defendant is released or discharged from county jail or custody other than county jail; to be informed when the defendant is placed in or transferred to a less secure public or private correctional facility or program; to be informed if the defendant escapes or is permanently or conditionally transferred or released from any public, private, or state hospital. See C.R.S. §§ 24-4.1-302.5(1)(c)(I)(a) and (b); see also C.R.S. § 24-4.1-302.5(1)(q); C.R.S. § 24-4.1-302.5(1)(r); C.R.S. § 24-4.1-303(12)(g); C.R.S. § 24-4.1-303(14).
To be heard at any court proceeding involving the defendant’s bond, a plea of nolo contendere, a negotiated plea agreement, sentencing of the accused, or any modification of the defendant’s sentence. See C.R.S. § 24-4.1-302.5(1)(d)(I) through (V); see also C.R.S. § 24-4.1-303(12)(f).
To consult with the prosecution after any crime against the victim has been charged, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case. See C.R.S. § 24-4.1-302.5(1)(e); see also C.R.S. § 24-4.1-303(4).
To be informed by law enforcement (prior to the filing of charges) or by the prosecution (after the filing of charges) of the status of any case concerning a crime against the victim (regardless of whether such case is known to the victim or the victim’s legal counsel) and any scheduling changes or cancellations when known by law enforcement or the prosecution at any time prior to such change or cancellation. See C.R.S. § 24-4.1-302.5(1)(f).
To review the presentence report prepared by the probation department of the court having jurisdiction over the defendant’s case. See C.R.S. § 24-4.1-303(12)(b); see also C.R.S. § 24-4.1-302.5(1)(j.7).
To be informed of the date, time, and location of (and to be present for, or have a family member present for, and attend) every sentencing hearing of any person convicted of a crime against the victim and to inform the court in writing, by a victim impact statement, and by an oral statement of the harm the victim has sustained as a result of the crime – with the determination of whether the victim makes written input or oral input (or both) to be made at the sole discretion of the victim; and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration – regardless of what that opinion is. See C.R.S. § 24-4.1-302.5(1)(g); see also C.R.S. §§ 24-4.1-303(12)(c) and (d).
To be notified by the probation department and informed of all the information regarding the defendant (if the defendant receives a sentence to probation) required by sections 24-4.1-303(13.5)(a)(I) through (VIII) of the Colorado Revised Statutes.
To be informed and notified of any referral of the defendant to community corrections and to provide a written and oral victim impact statement to community corrections; to have such statement included with any referral made by the department of corrections or a district court to place the defendant in a public or private community corrections facility or program. See C.R.S. § 24-4.1-302.5(1)(j.3) and (j.5)(I).
To have the department of corrections or the public or private local corrections authorities notify the victim of the information required under section 24-4.1-303(14)(a) through (h) of the Colorado Revised Statutes. See C.R.S. § 24-4.1-303(14).
To have the department of human services to include the victim impact statement with any referral made by the department of human services or a district court to place the defendant in community corrections; and to have the department of human services and any state hospital notify the victim of the information about the defendant required under section 24-4.1-303(14.2)(a) through (i) of the Colorado Revised Statutes. See C.R.S. § 24-4.1-303(14.2).
To be informed by the prosecution or the office of the attorney general of the date, time, and location of (and to be present for) any proceeding at which any post-conviction release from confinement is being considered for any person convicted of a crime against the victim and to be heard and provide a written statement at any such proceedings – including reconsideration of sentence, parole hearings, commutation of a sentence, an appellate review, or an attack on the conviction or sentence. See C.R.S. § 24-4.1-302.5(1)(j); see also C.R.S. § 24-4.1-303(12)(e); C.R.S. § 24-4.1-303(13); C.R.S. § 24-4.1-303(14).
To restitution. See C.R.S. § 24-4.1-302.5(1)(h); see also C.R.S. § 18-1.3-601 et seq.
To receive any and all of the victim’s property being held law enforcement or the prosecution (or any agents thereof). See C.R.S. § 24-4.1-302.5(1)(k); see also C.R.S. § 24-4.1-303(7).
To not have the victim’s employer discharge or discipline the victim or the victim’s family for honoring a subpoena to testify or for participating in the preparation of the criminal proceeding; and to be provided with appropriate employer intercession services to encourage the victim’s employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from the victim’s court appearances or other required meetings with criminal justice officials. See C.R.S. § 24-4.1-303(8); see also C.R.S. § 24-4.1-302.5(1)(n).
To be informed of the availability of financial assistance, including victim compensation funds, medical resources, financial assistance services, and other financial support or compensatory benefits to the victim; and to be informed of the application process (including the name, address, and telephone number of the person to contact) for such financial services or compensatory benefits. See C.R.S. § 24-4.1-302.5(1)(l); see also C.R.S. §§ 24-4.1-303(9)(a), (b), and (c); C.R.S. §§ 24-4.1-303(10)(a) and (11)(e).
To transportation and household assistance to promote the participation of the victim or the victim’s family in the criminal proceedings; and to child care services to enable the giving of testimony by the victim. See C.R.S. § 24-4.1-303(9)(d); see also C.R.S. §§ 24-4.1-303(9)(g) and (11)(f).
To assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of the alleged crime. See C.R.S. § 24-4.1-303(9)(e).
To be provided with a secure waiting area for the victim and the victim’s legal counsel during court proceedings. See C.R.S. § 24-4.1-302.5(1)(p); see also C.R.S. § 24-4.1-303(5).
To be informed of the process for enforcing compliance with article 4.1 of title 24 by all persons who act in noncompliance with it (including the prosecution, law enforcement, the courts and probation, and the defense), pursuant to section 24-4.1-303(17). See C.R.S. § 24-4.1-302.5(1)(t).

Any failure to comply with any of the rights held by the victim as outlined above or otherwise guaranteed by Colorado law is redressable under section 24-4.1-303(17) of the Colorado Revised Statutes. Any failure (jointly or severally) by law enforcement, the prosecution, the courts (including probation), any correctional agency, the department of human services, or any state hospital to enforcement the victim’s rights or to ensure compliance with such rights is reportable to the crime victim services advisory board. Such board is required to review the reported noncompliance and, if determined to be based in fact and unresolved, refer such failure to the Governor of the State of Colorado who will then request the Colorado Attorney General to file suit to enforce compliance with the victim’s rights as espoused by article 4.1 of title 24 of the Colorado Revised Statutes.

As a victim, you need legal counsel to help you take control of the prosecution and police. You need an attorney who will fight for your rights. You need to be able to bravely walk into the courtroom and know your interests are being protected.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).

A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Denver Attorney for Crime Victim Privacy

Jesse D. Hall — Tue, 19 Jul 2011 04:43:39 +0000

A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

A notice, invocation, and exercise of rights by the victim should include, but not be limited to, all of the victim’s legal rights relating to privacy, the Health Insurance Portability and Accountability Act (HIPAA) (see P.L.104-191), and those rights guaranteed under state and federal laws concerning the nondisclosure of any and all medical, psychological, or other expert evaluations; any and all medical, psychological, or other expert examinations; any and all internal investigations by any state, governmental, or municipal agency; any and all outstanding, forth-coming, or yet to be determine investigations of allegations (regardless of the nature of the allegation); any and all investigations regarding conduct that may (or could be alleged to) have occurred in the criminal case within which the victim is named as the complaining witness; any and all investigations regarding conduct that may (or could be alleged to) have occurred relating to any collateral matters of any of the matters in the pending criminal case or other matters related legal matter; and any and all investigations regarding conduct that may (or could be alleged to) have occurred relating to any other matters not known to the victim or the victim’s legal counsel.

The victim should revoke and rescind all purported releases, waivers, and authorizations of or for the release or disclosure of any records or information (regardless of its nature or location) having previously been made (or could be alleged to have been made) by the victim (regardless of how such release, waiver, or authorization is described) including, but not limited to, all records or information related to any and all subject matters related to the criminal case or other matters discussed in this and other postings (see the bottom of this page), e.g., the victim’s medical, psychological, and other expert evaluations, reports, and records.

The victim should revoke and rescind all purported releases, waivers, and authorizations of or for the relinquishment of any constitutional or statutory rights or privileges, however described. In doing so, the victim should also invoke, assert, and affirm all of the victim’s constitutional and statutory rights and privileges including, but not limited to, the attorney-client privilege, doctor-patient privilege, psychotherapist-patient privilege, marital privilege, spousal privilege, and clergy-penitent privilege.

The victim should further invoke, assert, and affirm the victim’s right to be free from unreasonable searches and seizures, to confrontation, to remain silent, to not self-incriminate, to not be put twice in jeopardy of punishment for the same offense, to an attorney, to due process, to equal protection, to be free from ex post facto laws, to a fair trial, to appeal, to the privilege of the writ of habeas corpus, and to the prohibition against cruel and unusual punishment as guaranteed by the statutes and laws of the State of Colorado and the United States, including, but not limited to, Colorado Revised Statutes sections 24-4.1-101 through 24-4.1-304; article II, sections 3, 6, 7, 10, 11, 16, 18, 20, 23, 25, and 28 of the Colorado Constitution; and the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Fourteenth amendments to the Constitution of the United States. The invocation of these rights is vital to the protection of the victim and preventing the victim from being turned into the one accused of criminal behavior.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).

A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Denver Attorney for Victims Right Not to Speak

Jesse D. Hall — Fri, 15 Jul 2011 04:40:39 +0000

A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).

The victim of a crime should invoke and exercise the victim’s rights and privileges as related to the criminal case and as defined and guaranteed by the United States and Colorado constitutions, statutes, and court orders. These rights and protections include, but are not limited to, article II, section 16a of the Colorado Constitution and sections 24-4.1-101 through 24-4.1-304 of the Colorado Revised Statutes.

The victim should gives notice of the victim’s invocation and exercise of the right to require all governmental agents and actors, city and county attorneys, district attorneys, prosecutors, state-paid victim witness coordinators, state-paid social workers, state-paid counselors, state-paid psychologists, state-paid psychiatrists, law enforcement (federal and state), Colorado Bureau of Investigation agents, attorneys at law representing any party or interest in the criminal case (including lawyers for the defendant and defense investigators), and any and all employees or agents of the same to (1) get the consent of the victim’s attorney and legal counsel before attempting to contact or interview the victim (regardless of the reason) and (2) only have such contacts or interviews conducted while in the presence of the victim’s attorney and legal counsel or with such counsel’s actual and express consent.

Unless the victim’s attorney is present or gives actual and express consent, the victim should not desire to participate in any interviews, interrogations, communications, investigations, attempts to contact, attempts to gain consent, attempts to obtain a waiver of any kind (including waiver of any right or privilege held by the victim), questioning, discussions, or other interactions involving the participation of, or any affirmative actions by, the victim. Prior to such participation by the victim, consent of opposing counsel is required by the Colorado Rules of Professional Conduct (CRPC), Rule 4.2. And “[t]he Rule applies even though the represented person initiates or consents to the communication.” CRPC Rule 4.2 cmt. 3. This Rule further regulates the actions of both lawyers and non-lawyers alike, as “[a] lawyer may not make a communication prohibited by this Rule through the acts of another.” CRPC Rule 4.2 cmt. 4 (citing Rule 8.4(a)). Thus, this includes a lawyer or prosecutor communicating through any police or law enforcement officer, investigator, victim witness coordinator, or any agents thereof. “The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule.” CRPC Rule 4.2 cmt. 5. Such consent is also required by the American Bar Association Model Code of Professional Responsibility, DR 7-104(A)(1), and the American Bar Associations Model Rules of Professional Conduct, Rule 4.2.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).

A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Denver Attorney for Victims and Right to Discovery

Jesse D. Hall — Wed, 13 Jul 2011 04:36:20 +0000

A VICTIM HAS A RIGHT TO RETAIN LEGAL COUNSEL (AN ATTORNEY) AND RECEIVE DISCOVERY IN THE CRIMINAL CASE.

The victim of a crime in Colorado has a right to retain an attorney and legal counsel. The victim has a right to retain an attorney in all matters related to the victim’s status as a complaining witness and alleged victim in a criminal case and any and all collateral civil or criminal matters of the same. The victim additionally has a right to retain an attorney as her “lawful representative” and “victim designee.” See C.R.S. § 24-4.1-302(3); see also C.R.S. §§ 24-4.1-303(15)(a) and (b).

In a criminal case, the victim can requests the prosecution and law enforcement provide the victim with copies of all discovery in the possession or control of the prosecution and/or law enforcement, whether inculpatory or exculpatory, as is required by “justice” and “due process” under sections 24-4.1-302.5(1) and 24-4.1-303(10)(a) and (b) of the Colorado Revised Statutes, and by all other applicable laws, including sections 24-4.1-101 through 24-4.1-304 of the Colorado Revised Statutes and article II, section 16a of the Colorado Constitution.

Specifically, a request for discovery to the victim in a criminal case should include, but not be limited to, the following information (regardless of the nature or purpose of such information) in the possession or control of the prosecution or law enforcement: the court and law enforcement file numbers of the criminal case; the contact information (including business telephone number) of all law enforcement officers assigned to investigate the case; all prosecutors assigned to the case and contact information (including business telephone number); copies of the charges filed against the defendant; a list of all witnesses (such as experts and lay witnesses – which include law enforcement) known to the prosecution or police; all witness statements (whether written, audio, video, recorded by law enforcement, or otherwise); all written reports and summaries of reports obtained or created by law enforcement through the course of their investigation; all electronic, digital, audio, and video recordings; all photographs, diagrams, charts, or graphs; all information relating to the use of expert witnesses including tests conducted, findings, statements, reports, or other information associated with an expertise or of a scientific nature; and all other items or information required to be provided to the defense under Rule 16 of the Colorado Rules of Criminal Procedure and the Constitution and laws of the State of Colorado and the United States. See C.R.S. § 24-4.1-302.5(1) (victim’s right to due process); see also C.R.S. §§ 24-4.1-303(10) and (11); C.R.S. § 24-4.1-301 et seq.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).

A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Defending an Allegation of Complicity in Colorado Criminal Courts

Jesse D. Hall — Sun, 03 Jul 2011 21:01:52 +0000

A person does not have to actually physically commit a crime in order to be guilty of the crime itself. Acting as the principal in the commission of a crime is, of course, one way to be guilty of a crime. There are other theories of guilt as well, however.

Two common theories of guilt, occurring when a person does not actually commit the intended crime itself, are attempt and conspiracy to commit the main crime. These are called inchoate crimes.

Complicity is another theory by which a person can be guilty without physically committing the actual crime himself or herself.

A person is legally accountable for the actions of another if, with intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in committing the offense.

To be a complicitor, the person must have knowledge that the principal intends to commit the crime, must intend to promote or facilitate the commission of the offense, and must aid, abet, advise, or encourage the principal in the commission or planning of the crime.

Merely driving the getaway car after seeing the crime occur, when the driver had no idea the crime would occur or intention that the crime would be committed, is not sufficient in Colorado to make the getaway driver a complicitor. Mere presence and association are not enough.

However, waiting at a nearby location for a crime to occur, speeding away after the crime occurs at the request of the person who committed the crime, while driving a car with stolen license plates has, in a past Colorado case, been deemed sufficient to establish complicitor liability.

If a person is held liable as a complicitor to a crime, that person is said to be guilty of the exact same crime, and not a lesser crime, as the person who actually physically committed the crime. The possible penalties, by statute, for the complicitor are exactly the same as they would have been if the complicitor had actually committed the crime itself.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

Denver Criminal Defense Attorney: Overview of Connally v. Georgia – Detached and Neutral Requirement for Search Warrants

Jesse D. Hall — Tue, 28 Jun 2011 22:35:52 +0000

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures.

Searches and seizures conducted without a warrant are presumptively unreasonable.

If a search and seizure is conducted in violation of the Fourth Amendment to the United States Constitution, the evidence obtained by conducting the search and seizure must be suppressed.

Connally v. Georgia Decision

In 1977, the United States Supreme Court decided Connally v. Georgia. The Fourth Amendment to the United States Constitution requires that no search warrant be issued except by a detached and neutral judicial officer.

A warrant issued by biased judicial officers is no better than having no warrant at all.

In Connally v. Georgia, the detached and neutral judicial officer requirement for the issuance of a search warrant came into play.

Judicial Officer in Connally v. Georgia Case

The Georgia justice of the peace was the judicial officer that issued warrants.

The justice of the peace was not salaried. Instead, he was paid a fee, prescribed by statute, of five dollars for each search warrant issued. He was paid nothing for denial of a search warrant.

Therefore, his livelihood was dependent entirely upon how many warrants he issued.

Tumey v. Ohio Decision

The Supreme Court of the United States cited to a previous United States Supreme Court decision fifty years earlier, Tumey v. Ohio, holding that it violated a defendant’s right to Due Process to subject the defendant to trial before a judge with a direct and personal pecuniary interest in convicting the defendant.

The Court recognized that the Tumey situation was not exactly the same as the situation in the Connally case. However, the Court said that the basic principle was the same and therefore the Tumey case was applicable to the Connally case.

Temptation to a Judicial Officer in Issuing a Search Warrant Invalidated Search Warrant

The United States Supreme Court said that in Connally v. Georgia the justice of the peace was offered temptation which might lead him not to keep his role.

This temptation was a direct and personal pecuniary interest in issuing a warrant.

Ultimately the United States Supreme Court vacated the lower court’s judgment, holding that the issuance of the search warrant by the justice of the peace in this case was a violation of the protections afforded to the defendant by the Fourth and Fourteenth Amendments of the United States Constitution.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

Denver Victim Rights Attorney

Jesse D. Hall — Mon, 20 Jun 2011 06:18:10 +0000

Attorney for Victims in Colorado: Used-and-Abused

Jesse D. Hall — Fri, 17 Jun 2011 06:14:27 +0000

THE USED-AND-ABUSED VICTIM:

A person who is an actual victim, but a victim of much less serious conduct than the defendant is charged with committing.

One of the most used and abused victims in the criminal justice system in Colorado is the person who is a victim of a minor (or less serious) offense, but the police and prosecutors seek to punish the offender for outrageously serious conduct with outrageously serious penalties. When this happens, such victims of domestic violence find themselves forced to choose between (1) obtaining a little justice in return for the accused person being treated in an abhorrently unjust and harmful way or (2) obtaining no justice in order to spare the accused person from being so gravely punished and abused by the system.

In these circumstances, victims of domestic violence are well served by obtaining legal representation from an experienced Colorado attorney who knows how to effectively represent victims, their interests, and their rights. Every victim’s interest are different. Finding an attorney who you can work with and understand is essential, but also retaining an attorney who has the experience, knowledge, and courage to successfully go up against prosecutors and police who simply are unwilling to ensure justice for victims and their loved ones.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

THE PROPERLY-NAMED (BUT IGNORED) VICTIM:
A person who is an actual victim, but who wishes and rights are ignored by police and prosecutors.

THE USED-AND-ABUSED VICTIM:
A person who is an actual victim, but a victim of much less serious conduct than the defendant is charged with committing.

YOUR LEGAL RIGHTS AS A VICTIM