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Criminal Defense

Posted December 7, 2020

When police use big tech data in criminal investigations

Many of us have an uneasy relationship with the companies like Google and Facebook. We know and like their products, but we aren’t necessarily pleased about the amount of data they collect on us. If you’re in this situation, you may comfort yourself with the idea that, at worst, these companies are just using...
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Posted November 25, 2020

What you should do during a traffic stop

There are some important guidelines for helping you to have a smooth traffic stop. You are not powerless over what happens. During the interaction with a law enforcement officer, you must be careful to refrain from any type of action that could steer the interaction south. Your cooperative conduct can make a big difference on...
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Posted November 5, 2020

What can I negotiate in a plea deal?

In the majority of criminal cases, plea bargaining is an element. This is because it can be advantageous for both the defense and the prosecution to resolve criminal cases through dealings rather than through the court.Ultimately, you may decide to take a plea bargain or to not take one: there is no one-size-fits-all answer...
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Posted October 22, 2020

Will my case be in state or federal court?

51 court systems exist in the United States. 50 of these systems are state systems, and each state has its own. There is one federal court system.Generally speaking, the government will hear your court case in the system that corresponds to the laws the government accuses you of breaking. If the government is accusing...
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Posted September 29, 2020

What is “theft by finding?”

Past posts on this blog detailed the manner in which Colorado defines theft. You likely never see any scenario in which you would intentionally take another’s property. Yet could there be a scenario in which your unintentional actions might actually qualify as criminal activity? Say that you come across an item or piece of lost property. When...
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Posted August 30, 2020

Is DNA reliable evidence?

DNA is often the key evidence in a criminal case. It is scientific and holds a lot of weight to provide solid proof.While many hold DNA evidence in high esteem, The Atlantic explains that this evidence is losing its ability to provide accurate proof in some situations.The problemThe issue with DNA evidence is that...
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Could penalties from a Colorado DUI follow you to your home state?

If you visit Colorado—whether you pass through on your way to another state or you travel to the state for a getaway—you will probably spend some time enjoying the scenery on Colorado’s roadways. However, if the authorities charge you with driving under the influence (DUI) while you are in the state, the impact of...
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Posted June 12, 2020

Does Colorado have the death penalty?

The death penalty is a controversial topic, and its use has had its ups and downs throughout history with the U.S. Supreme Court even banning it at one point. The current state of affairs leaves the choice to use it or not up to the states. According to NBC News, Colorado made the decision in...
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Posted May 27, 2020

What is an Alford plea?

When facing criminal charges, you must answer to the charges. If you plead not guilty, then you will go to trial and the prosecution will have to use evidence to prove you guilty to the judge or jury. The alternative is a guilty plea, but there are different types of guilty pleas that you...
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Posted April 8, 2020

Detailing Colorado’s “Make My Day” law

Like most people in Breckenridge, you likely cannot foresee any scenario where you might engage in any activity that some might construe as being criminal. That is the same assumption that many of those that we here at the Law Offices of J.B. Katz, P.C. had before they felt compelled to act in the...
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Posted March 26, 2020

How does Colorado define theft?

Colorado law defines theft very broadly. In fact, if you face theft charges, the specific charge could be virtually anything from simple shoplifting of something worth under $50 to grand larceny of something worth over $1 million. As FindLaw explains, any theft charge requires only the following three elements: You knowingly obtain, retain or control an item. You...
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Posted February 5, 2020

Could I be charged with a weapons offense?

If you were previously convicted of a felony, you have lost your right to carry and possess weapons. If Colorado law enforcement finds you with a weapon, you could be facing additional felony or misdemeanor charges. Per the Colorado Revised Statutes, it is a felony to possess or use illegal weapons if you already have a conviction....
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