On behalf of Jerome B. Roselle, P.C., Attorneys at Law on Friday, May 18, 2012
We have previously discussed the question of whether or not police should be allowed to freely access data from our cellphones without a warrant. The Supreme Court recently ruled that GPS data required a warrant, and the result was an increased use of cellphone data which remained unrestricted. This week Congress heard testimony for a law that would impose a warrant requirement on cellphone data, meaning that police would have to establish probable cause that a crime is being committed in order to access that information.
Probable cause means that it is more likely that not that the person is engaging in criminal activity. Without probable cause, police actions must qualify under one of several narrow exceptions in order to conduct a full search and seizure of a suspect. If police have gathered evidence though a search that was not lawful under those requirements, then the evidence should not be used against the individual.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Criminal Defense on Thursday, May 17, 2012
In the effort to prevent crimes, law enforcement officers and behavior experts are looking to earlier and earlier signs that someone might be prone to violent behavior. While these predictors may not always be accurate, many people feel that it's better to be overly cautious than to ignore the signs. However, when it comes to psychological evaluations, an incorrect diagnosis may unfairly mark someone as dangerous or high-risk and it may prove difficult or impossible to escape that label.
Researchers are now studying child psychology and what is referred to as "callous-unemotional" children and investigating the early signs of potentially violent or criminal behavior. One team looking at this issue has put together a series of tests designed to identify traits in children that are similar to traits associated with adult psychopathy.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in DUI Defense on Friday, May 11, 2012
In a previous post we discussed DUI convictions being called into question in Colorado because of potentially faulty blood tests. Today we'll talk about some cases that are not from this state, but that also involve a significant dismissal of DUI cases against multiple defendants.
Some of our readers are already aware that police officers are generally required to attend the initial hearings for cases based on evidence that they have gathered. This applies to speeding tickets as well as DUI charges, and officers failing to show up and defend the evidence that they have presented can lead to a dismissal of charges.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in DUI Defense on Tuesday, May 8, 2012
One of the star's of the hit TV show "Lost" was arrested earlier this week for suspicion of driving while intoxicated. Information obtained by reporters indicates that he was initially pulled over for failing to use a turn signal and not staying in his lane.
Matthew Fox, who played Jack Shephard on the sci-fi drama, has not had any prior DUI arrests. Prior arrests or convictions can have a significant influence on the possible penalties for a DUI. Here in Colorado, a DUI conviction can carry fines, jail time, loss of driving privileges, and mandatory community service.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Criminal Defense on Thursday, May 3, 2012
Many Colorado readers are already aware of the extraordinary case of a Colorado man who was recently freed with the help of a DNA test. He was originally sentenced in 1996 for rape and murder. He maintained his innocence through his trial and prison term, and has said that he is glad to finally be cleared of the allegations.
The new DNA test was done as a part of the Colorado Justice Review Project, which allows convicted felons an opportunity to have DNA testing done for their case. There are similar programs all over the country, focusing on using technology to avoid or reverse wrongful convictions.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Criminal Defense on Tuesday, May 1, 2012
A recent gathering of police chiefs from all over the country focused on the single issue of gun crime prevention. About 250 police chiefs gathered to review crime statistics that were gathered during a single week in April 2011 across six cities and discuss the variation in crime levels and the possible causes.
Conversations like this are important steps to preventing violent crimes. Recent shooting deaths have put the spotlight on gun control, although many guns in the United States are obtained and carried legally. Colorado has fairly expansive rights for residents who wish to conceal and carry a legal weapon. This puts police in a difficult position, since legally obtained guns that are lost or stolen are often used in crimes.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in DUI Defense on Friday, April 27, 2012
Earlier this month the Colorado Department of Health realized that one employee in their toxicology lab had misreported several test results. Now, department workers are putting in nights and weekends to re-test about 1,700 blood samples from DUI cases in the state.
The revelation came in the form of an email obtained by a local DUI attorney, who told reporters recently that the department has known about this since March 9th. The deputy district attorney was the first to recognize and report the issue to other state officials. The problem is traced to a single employee and all of the tests he conducted will be redone.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Drug Offenses on Monday, April 23, 2012
Marijuana use is controversial political and social issue all over the country. 16 states including Colorado now allow the use of medical marijuana by qualified patients, despite objections by the federal government. Colorado continues to be a leader in this area, and voters will have an opportunity to approve a recreational legalization ballot measure this fall.
Each year at the University of Colorado Boulder, protesters gather to express their views on marijuana legalization. This year, University officials sought to curb the protest in light of increasing scrutiny and enforcement by federal drug authorities. A judge upheld the right of the university to take this action, even though many protestors said it was a violation of first amendment rights to free speech. A total of four people were arrested in association with the protests. Three were charged with trespassing and one was charged with marijuana possession.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Drug Offenses on Thursday, April 19, 2012
In states like Colorado where medical marijuana is legal, residents may be desensitized to hearing about new developments in drug technology. Different strains of marijuana often have different names, and most Colorado residents probably don't worry about whether these legally sold drugs are safe for consumers. However, there is a new drug out that is popular among teens that is called synthetic marijuana, although police and drug safety advocates say that it is not the same drug and is in fact much more dangerous.
The drugs were banned in Colorado last year but may still be sold in gas stations and other convenience stores. It is possible for teens to obtain the drugs and face criminal drug charges even though they may not be aware that it is illegal or that the substances are highly dangerous. The product is often sold as incense, which can be misleading.
On behalf of Jerome B. Roselle, P.C., Attorneys at Law posted in Criminal Defense on Tuesday, April 17, 2012
People who are unfamiliar with the criminal justice system may find it surprising to know that police officers are permitted to lie to suspects during an investigation. Many people have heard of the "good cop, bad cop" routine, but few know about the variety of other techniques that law enforcement officials may use to obtain information from a potential criminal defendant.
People may seek out an attorney once they have already been charged, but a recent documentary highlights the value of seeking counsel as soon as you become a part of an investigation. It's important to remember that the things you say to police during an investigation may be used as evidence against you in the event that you're charged with a crime.
