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Withdrawing a Guilty Plea
Sometimes people accused of a crime are convinced, maybe by their attorney or maybe by the district attorney, to plead guilty....
Michael Swink
Oct 12, 20224 min read
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Should I Testify or Not?
When facing the likelihood of going to trial, many defendants ask themselves whether they should testify. The right to testify is a...
Michael Swink
Oct 12, 20222 min read
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That’s Hearsay!
Everyone is familiar with the term hearsay, and many people understand the fact that hearsay is not admissible in court. See CRE 802....
Michael Swink
Oct 12, 20224 min read
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What to do During a Potential Arrest
Almost everyone has been pulled over by the police at some point in their life. How should a person act to try to avoid arrest? Before...
Michael Swink
Oct 12, 20223 min read
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Gun Rights and Domestic Violence
If you are charged with a crime that involves domestic violence, the court will issue a protection order that also precludes you from...
Michael Swink
Oct 12, 20223 min read
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No More Bail for Low-Level Offenses
Last year, the Colorado legislature enacted a new law which requires courts to issue personal recognizance bonds for low-level offenses....
Michael Swink
Oct 12, 20221 min read
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Extradition
If there is you have a felony warrant out of another state and you are arrested in Colorado, you will likely be facing extradition...
Michael Swink
Oct 12, 20222 min read
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Jury Trial
In Colorado, every person charged with at least a class 2 petty offense has the right to be tried by a jury. See Crim. P. 23. If you’re...
Michael Swink
Oct 12, 20225 min read
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Invoking Your Right to Remain Silent
Many people believe if they’re arrested by the police, they can just remain silent and that won’t be used against you at a trial. Imagine...
Michael Swink
Oct 12, 20223 min read
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Protests and Rioting in Denver and other Major US Cities After the Death of George Floyd
Protests and rioting broke out in Denver and other major US cities this weekend after video evidence showed a police officer kneeling on...
Michael Swink
Oct 12, 20222 min read
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Colorado Repeals Death Penalty
On February 26, 2020, the Colorado Legislature voted to repeal the death penalty for crimes committed after July 1, 2020. See Jesse Lamp,...
Michael Swink
Oct 12, 20222 min read
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Jury Nullification
Jury nullification is “a juror’s ‘knowing and deliberate rejection of the evidence or refusal to apply the law because the result...
Michael Swink
Oct 12, 20222 min read
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Colorado Supreme Court Says Sniff from Drug Dog is a Search Under the Constitution
On May 20, 2019, the Supreme Court of Colorado held police officers in Colorado must have probable cause to use a drug sniffing dog...
Michael Swink
Oct 12, 20221 min read
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