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Evidence Archives

The Colorado Rules of Evidence in Adams County - What are They?

Colorado-Rules-Evidence.jpgAdams County Defense Lawyer Explains the Rules of Evidence

After 25 years as a Colorado criminal defense lawyer in Adams County and across Colorado, I've met with hundreds of people in need when the government charges them with a crime. If the case heads toward trial, I inevitably get questions about bringing evidence of an accuser's bad character. This can range from "she is a bad parent," to "nobody likes him," to "he cheats on his wife." In Colorado courts, the rules of evidence are designed to keep out irrelevant evidence or unfairly prejudicial evidence. In addition to these rules, the Colorado lawmakers have made policy decisions regarding evidence in passing laws and courts make up or interpret evidence rules. It is a complicated mess in many cases, as lawyers and judges try to figure out what can come in at a trial and what cannot. Usually, it depends on the mindset as different judges interpret things differently.

Evidence: Your Colorado Confrontation Clause Right

ID-10055197.jpgThe Confrontation Clause can be found in the U.S. Constitution's Sixth Amendment, and provides: "In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." The gist of this right is that the government can't convict you based on evidence of what people say, who are not present at your trial subject to cross examination in Denver and Jefferson County. The principle further provides that justice is best served when witnesses against you are present in front of the jury, to have their entire self, subject to the jury's scrutiny. Nonverbal cues such as facial expressions, voice tone, dress, and eye contact are useful in assessing the credibility of a witness. Additionally, cross examination puts the testimony to scrutiny.

Miranda Rights Required to be Read by Colorado Police

Miranda rights required to be read by Colorado police is a frequent evidence subject by callers to our office. It is a good question and tells me the caller is thinking. Whether in Denver, Arapahoe County, Jefferson County, Douglas County or Adams County, here is the scoop on this important U.S. Supreme Court case and related law: 1) if you are in custody AND 2) the police are interrogating you, the police must read you your "Miranda Rights", or what you say is not admissible against you.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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