Constitutional Rights Applicable in Criminal Cases
Constitutional Convention – Philadelphia. 1787.
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:
A confidential informant almost never speaks to the judge who signs the warrant. Instead, the judge reads a detective’s sworn summary of what an unnamed person allegedly said. That gap can become one of the most important issues in a Denver drug, weapons, theft, or other criminal case.
The defense does not cross-examine the informant when the warrant is issued. At that stage, the focus is on the affidavit itself: what the informant allegedly knew, how police verified the information, [...]
Colorado fentanyl possession charges can become serious felonies at relatively low weight thresholds. The law focuses on the weight of the material, compound, mixture, or preparation containing fentanyl rather than only the amount of pure fentanyl inside it. That means a small-looking quantity of powder or counterfeit pills can result in a much more serious charge once the substance is tested and weighed.
Weight is only part of the case. What the accused person knew, whether the state can prove [...]
Colorado COCCA charges are racketeering charges used when prosecutors claim a person participated in an enterprise through a pattern of criminal activity. These cases often grow out of drug, theft, burglary, fraud, identity theft, or financial investigations that are later reframed as organized conduct.
A COCCA count is not automatic just because several people were charged together or because prosecutors believe more than one crime occurred. The state must prove specific structural elements, including an enterprise and a pattern of [...]