Constitutional Rights Applicable in Criminal Cases
As a Denver criminal defense attorney, it is impossible to practice law without a knowledge of criminal law’s origin. The United States Constitution serves as the foundation for criminal defense law in Colorado, and nationwide. From searches and seizures, to the right against self incrimination, to the right to be free from cruel and unusual punishment, the United States Constitution provides the source of origin for these very important rights. As we all learned in our history classes, the Constitution arose in the face of abuse. Members of the then British colonies were facing extreme taxation without any sort of recourse with the king, and as a result of unrest, faced a series of abuses that our founding fathers determined would never be repeated. These rights are essential to your case and your defense. If the police are found to have violated your rights, then the United State Supreme Court has determined that evidence the police gathered cannot be used against. In the words of the Supreme Court, that evidence is fruit from a poisonous tree. Contact an experienced criminal defense attorney from the Law Office of Jacob E. Martinez today.
Click the links below to find more information about the specific Constitutional provisions that serve as protections to those criminally accused:
Understanding the laws related to weapons possession and concealed carry is crucial for residents of Colorado. Exploring the legal framework, requirements, and restrictions, individuals can navigate these laws responsibly and ensure compliance to protect their rights and maintain personal safety.
Colorado has specific laws regulating firearms possession, purchase, and transfer. These laws cover various aspects such as background checks, restrictions on firearm possession for certain individuals, regulations on the open carry of firearms, and more. Familiarizing oneself with these laws [...]
Racial bias continues to be a significant issue within the criminal justice system, including in Colorado. The impact of racial bias on criminal cases can lead to unequal treatment, unfair outcomes, and a loss of trust in the system.
Racial Disparities in Arrest and Charging
Racial bias can manifest at various stages of the criminal justice process, starting with the initial arrest and charging decisions. Studies have shown that individuals from racial and ethnic minority groups are often disproportionately [...]
Sexual assault is a serious crime that carries severe penalties under Colorado law. However, defending against charges of sexual assault in the era of #MeToo can be even more challenging. The #MeToo movement has sparked a cultural shift, and society has become more receptive to allegations of sexual misconduct. As a result, sexual assault cases often generate significant media attention, and public perception is often heavily influenced by the allegations themselves. This can make it difficult for defendants to [...]