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- Implied Consent Blood Test Rejected by United States Supreme Court
Many states require blood testing to determine blood alcohol levels for determination of impaired driving. When a person refuses to be tested, these states criminalize these actions. The United States Supreme Court has addressed this issue.
- Anonymous Call and Support for Traffic Stop Regarding DUI
Cell phone use has made life simpler for drivers and passengers when it involves road issues. When another driver appears to be under the influence of alcohol, it is easier than ever to make an anonymous call to report the person. However, in many instances, the caller wants to remain anonymous for fear of being part of the trial as a witness or having to make a statement to police.
- How a Defendant’s Grand Jury Testimony Can Be Used at Trial
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendant’s legal rights.
- Guidelines for Child Porn Sentences on a Federal Level
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years. Mandatory minimum sentences are in effect for these crimes, and the United States Congress has created sentences that keep lengthening.
- Supreme Court Addresses Breathalyzer Tests
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
- The Problem of Disabled Prisoners
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
- After Arrest, What Do the Police Require?
Law enforcement officers often arrest citizens for various reasons in different manners. During the arrest itself, it is important to stay calm, remain peaceful as cuffs are tightened, follow orders to get in the vehicle and ensure all behavior is completed in a composed manner. There is no reason to allow any possible incrimination or potential penalties for negative behavior when being arrested.
- Intricacies of Police Investigations
Often the best legal advice given in cases involving criminal law is to remain silent when a police investigation begins. This is often said for those that have been suspected of any crime. It does not matter if the individual is a suspect, a subject involved or someone that may have witnessed the crime.
- Gun Laws in Colorado
The Denver Post recently reported that applications for concealed carry permits have skyrocketed in Colorado this year. Some say this is a response to mass shootings, like the recent tragedies in Paris, San Bernardino, Colorado Springs and Orlando, others argue that this kind of increased access to weapons is part of the problem. Regardless of how you feel about guns, Coloradans should know what the rules are in our state.
- Bad Stops in the Wake of Utah v. Strieff
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.