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:
Eyewitness testimony is undeniably a powerful form of evidence in criminal cases. However, there have been studies showing it is also one of the leading causes of wrongful convictions in Denver and across the United States. This suggests that human memory is not perfect and that some situations can lead to errors in identification.
In Denver, cases involving eyewitness misidentification span a wide range of crimes. You must defend against wrongful convictions, which requires a detailed review of the circumstances [...]
Violating a Colorado protection order can trigger a new criminal charge and contempt proceedings in the same court, and any new sentence must be served back-to-back with the sentence you were already facing, not at the same time. That means a single phone call, text message, or chance encounter can double your exposure while you are still on bond or probation. Denver criminal defense attorneys at the Law Office of Jacob Martinez have defended clients against these charges across Colorado [...]
A juvenile criminal record in Colorado can follow your child into adulthood, creating barriers to employment, housing, college admissions, and military service that many families do not anticipate. Colorado law provides a path to clear many juvenile records, but the process requires meeting specific eligibility criteria and often filing a formal petition with the court. The Law Office of Jacob Martinez helps families across Denver and Colorado protect their children’s futures through juvenile defense and record sealing.