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April 2015 Archives

Exclusionary rule can have powerful impact on criminal defense case

In our last post, we spoke briefly about the exclusionary rule and its place in the criminal defense process. As we mentioned, the rule is in place to offer relief to defendants who have had their constitutional rights violated in the course of a police investigation.

Exclusionary rule can benefit defendant in cases involving illegal search/seizure

In our last post, we began speaking about the issue of police searches of vehicles during DUI investigations. As we mentioned, search and seizure issues can come up in DUI cases when an investigating officer doesn’t abide by established rules intended to protect motorists’ constitutional rights.

When DUI investigation leads to drug charges

It is not uncommon in DUI cases for police officers to begin investigating a case with a potential DUI violation in mind and end up charging a driver not only with DUI but with drug-related charges as well. There are a variety of ways this sort of scenario can play out.

Felony DUI bill amended, but has gained strong support

Last month, we noted that lawmakers in the Colorado House of Representatives were considering a bill that would impose stricter penalties upon repeat DUI offenders. As we noted, the original version of the bill sought to impose felony charges on DUI defendants who have three prior DUI convictions, although felony charges could be issued after only two convictions in cases where there are aggravating factors.

Repeat DUI offenders: seek legal help to minimize consequences of charges

A point we have made on this blog in the past is that repeat DUI offenders generally have different goals than first-time offenders when it comes to building a strong defense case. For first-time offenders, there is the possibility of keeping a clean record—at least with respect to DUI—and potentially even having charges dismissed, depending on the circumstances.