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Why You Should Take Juvenile Delinquency Proceedings Seriously

Our society and our laws treat the magic age of eighteen as a bright line in many ways. When it comes to the justice system, we have two separate courts for children and adults.  While it may seem that any trouble you get into as a child should be inconsequential, the effects of having a […]

Hire Civilian Counsel for Military Justice?

Military service members, just like civilians, are subject to the local and federal criminal laws of the United States. However, service members are also subject to the US Armed Forces’ own set of laws and rules which is separate and apart from the civilian criminal justice system.  The Manual for Courts-Martial is an Executive Order […]

Gun Ownership after a Felony Conviction

A felony conviction under state and federal law carries a huge number of collateral consequences of which many individuals accepting plea bargains are totally unaware.  Some of these consequences restrict eligibility for welfare and entitlement programs, but others sever fundamental constitutional rights. For example, the right to vote is stripped of anyone serving a prison […]

Medical Marijuana and DUIs

Even though both recreational and medical marijuana are legal in Colorado, state law is very clear that driving while high is illegal. Having a medical marijuana card is not a defense to driving under the influence (DUI). On the other hand, the DUI statute CRS 42-4-1301 provides that having a medical marijuana card is not […]

MONTGOMERY V. LOUISIANA: BRINGING JUSTICE TO ALL

On June 25, 2012, the Supreme Court decided Miller v. Alabama, holding that sentencing children to life without parole, without first considering the mitigating effects of youth, was cruel and unusual punishment in violation of the Eighth Amendment to the Constitution. Instead of settling the matter of mandatory juvenile life without parole (JLWOP) sentencing, this […]

FEDERAL PROSECUTION IN MARIJUANA CASES IN COLORADO

Despite the passage of Amendment 64, the federal law still outlaws the possession or cultivation of marijuana.  While there is an informal policy not to enforce the federal law in Colorado and other states with comparable laws, there have been federal prosecutions against growers with over 100 plants.  With the Presidential election soon approaching, it […]

NEW CLEMENCY INITIATIVE FOR FEDERAL CONVICTIONS BRINGS HOPE

In April 2014, the Deputy Attorney General James M. Cole announced a new Clemency Iniative through the Department of Justice to the President of the United States whereby persons convicted of federal crimes can petition the President for relief under certain circumstances.  Our firm is qualified to prepare and file such a petition on behalf […]

CBS PROFILE OF MONTOYA CASE AND JLWOP

DENVER (CBS4) – “I was just sent to prison… for a crime I never committed,” Lorenzo Montoya says. At 29 years old, he has spent nearly half his life behind bars. But today he’s a free man, after making a deal with the Denver District Attorney’s Office. Back in 2000, the then young teenager was […]

LORENZO MONTOYA ADDED TO NATIONAL REGISTRY OF EXONERATIONS

At 8 a.m. on New Year’s Day, 2000, 29-year-old Emily Johnson, a special-education teacher and girls’ basketball coach, was found severely beaten on the patio of her home in Denver, Colorado. Her newly purchased Lexus was missing, as were the keys to the vehicle. Johnson died 36 hours later. A blood trail suggested to police […]

DNA EVIDENCE FREES MAN FROM PRISON 14-YEARS LATER

DENVER, Colorado (CBS) – Lorenzo Montoya, a 29-year-old man, was released from prison after a court in Denver overturned his murder conviction from nearly 14 years ago, according to CBS Denver. Montoya was convicted in the 2000 murder of 29-year-old Emily Johnson, a special education teacher at Skinner Middle School in northwest Denver. “He was […]

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