Category: Criminal Defense

Typically, a warrant is required to search inside of a home or in the area immediately surrounding and associated with a home (an area known, legally, as the curtilage of the home).  However, there can be exceptions to that general rule.

 

One situation where a warrant is not needed to search a home is where what is known as “exigent circumstances” exist.  Exigent circumstances are an exception to the

In Marshall v. People, the Colorado Supreme Court addressed the admissibility of lab reports in DUI and DUID cases.

In that case, the prosecution had sought to admit the lab test results performed by a technician who was not actually present at trial.  They sought to admit those reports through the technician’s supervisor, Cynthia Burbach.  The reports were in fact admitted over the objection of the defendant and his

An affirmative defense is essentially a legal justification for having committed a crime; that is, the defendant admits to having committed the crime, but raises a defense that if true would excuse him from criminal liability.  Once the defense raises sufficient evidence of an affirmative defense, it is up to the prosecution to disprove that affirmative defense, along with all of the charges, beyond a reasonable doubt.

 

Should

A case receiving significant media attention this week is the case of former Patriots’ player Aaron Hernandez, who now faces murder charges in the state of Massachusetts.  He is being held without bail.

 

While bail is possible on a charge of murder, it is unusual.  Mr. Hernandez’ attorney advocated for a bail being set, arguing that Mr. Hernandez had a clean record, was a resident of the county in

Previously, law enforcement needed to obtain a warrant prior to acquiring call location information.  A recently passed bill changes that, although only for emergency situations.

 

In order to thus obtain such information without a warrant, there must be probable cause to believe that an emergency situation exists such that an individual faces risk of death or serious bodily injury, and the time to request a warrant would increase that