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Boulder Criminal Defense Blog

Marijuana Enforcement on 420

The morning news today featured the picture of a large, beautiful green marijuana leaf shining in the sunlight. Tomorrow is 420 and colorful banners were flying in advance to commemorate the celebration. Even Carl's Junior is getting into the act with their new 420 burger with CBD oil. Looks delicious by the way! No doubt the crowds will be enormous at that restaurant.

Facial recognition technology: Is anyone smiling for the camera?

Law enforcement has come a long way in determining the true face of a criminal suspect. Sketch artists were once the sole source of depicting unique facial characteristics based on witness accounts. While still a valuable tool, modern technology has created a more efficient and accurate way of identifying potential perpetrators.

To claim that the retail industry is competitive would be an understatement. The Targets, Walmarts and other retailers large and small are engaged in a constant battle for supremacy. Yet, in spite of that quest for dominance over one another, a single issue unifies them and puts them all on a level playing field.

Tests for driver’s THC levels are not always accurate

Earlier this fall, the Insurance Institute for Highway Safety Loss and Prevention reported that the number of motor vehicle accidents has increased in states that legalized the recreational use of marijuana. The institute determined its findings by comparing car accidents, police reports and insurance claims in four states that have legalized the recreational use of marijuana and four neighboring states that have not.

According to the report, there was between a 5 and 6 percent increase in car accidents in the states that were studied, including Colorado. As a result, Colorado law enforcement is taking a strict stance on drugged driving.

What are the consequences of a drug charge during college?

Occasional or repeated drug use is extremely common during college. Some students use drugs throughout their undergraduate years, somehow able to fly under the radar. Others may simply be in the wrong place, at the wrong time. Regardless of circumstance, a drug charge could result in long-lasting consequences. 

Want to prevent police access to your cell? Only use a passcode

Police using access to cell phones as an investigative tool is something that comes up in relation to all kinds of criminal charges not limited to controlled substances offenses, domestic cases and other similar situation. 

Anytime someone comes into contact with police, especially if they are turning themselves in or being arrested and they have a cell phone on their person the police seize the phone. So the first rule, if someone is going to turn themselves in or come into contact with police, they should absolutely not have their cell phone with them.  

Marijuana prosecution and immunity in emergency situations

Despite recreational marijuana's legal status in Colorado, it is still unlawful for individuals under the age of 21 to possess or consume marijuana.

Under normal circumstances, those who violate this offense could be charged with an unclassified petty offense. However, emergency situations can boost a minor immunity to serious criminal prosecution.

When a Woman Gets #MeToo'd

Recently in the New York Times, there was an investigation into the New York University Professor Avital Ronell, a world-renowned female professor who was found responsible after an 11 month Title IX investigation of sexually harassing her male graduate student. Amazing, she was not found responsible for sexual assault because there were "only two witnesses" and they had conflicting accounts. 

Almost without exception, in every single Title IX investigation our firm has been involved in where males are accused of sexual assault, there are also "only two witnesses" who not surprisingly have "conflicting accounts" but that does not stop Title IX offices from finding males responsible for sexual assault time after time, expelling them from school and ruining their reputations. 

She wrote emails in which she referred to her student as "my most adored one", "sweet cuddly baby", and "cock-er spaniel."  She had him meet her in Paris, saying it was for his studies, but then asked him to read her poetry in her bedroom while she took an afternoon nap. She insisted on staying with him in his New York apartment when the power went out after Hurricane Sandy and sleeping in his bed where she groped and kissed him. 

For her defense, she claimed that she had no idea her advances made him uncomfortable, that they were mutual and invited- despite the obvious power differential, that he took too long to report, and that he is a bad student and complaining to get attention because he is not smart enough. 

Replace Professor Ronell in this story with Harvey Weinstein or Bill Cosby and imagine the outrage. 

Why Are They Acting Like I'm Guilty?

In criminal defense the right to be presumed innocent is one of the most important constitutional rights an accused person has against the power of the government. It is one of the things that sets our country apart from places Like China, the Middle East, or even the European Union. But one of the most misunderstood aspects of this sacred right that this is a right that an accused is afforded in a jury trial. In other words, once there are twelve peers sworn to uphold the law and follow the rules, you are presumed innocent. But until then, everyone, most especially the police will presume you are guilty and treat you as such.

Most, but not all district attorneys, have this same attitude too. This is the reason why it's usually not an effective approach to go in and explain why you have been wrongly charged or tell "your side of the story." Once you find yourself on the other side of a criminal accusation, it's probably too late. Everyone in the system almost automatically assumes you are guilty and just trying to explain your way out of trouble. They do not have an open mind to listen and by trying to give such an explanation you are confirming their perception that you are guilty.

Man in Boulder motel arrested after campus complaints

Colorado defendants have good reasons not to want a criminal record involving a sex offense. Defendants have been accused of sexual misconduct over simple misunderstandings. A conviction may include long-term repercussions.

A 28-year-old man was arrested at a Boulder motel recently, after police responded to reports from several women complaining of harassment and attempted sexual contact. The alleged incidents occurred on and near the University of Colorado Boulder campus. Two encounters apparently occurred on the same day, about 10 minutes apart.

Honors & Memberships

Best Lawyers - Best Law Firms U.S.News 2018 american board of trial advocates superlawyers national board of trial advocacy - NBTA - established 1977 scott jurdem - Recognized by best lawyers

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