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Don't make statements to police!

January 14th, 2013 11:54am - Posted By: Malkinson Wheeler Law, LLP

Yet another reason to never, never, ever make a statement to the police. Today the Colorado Supreme Court eradicated the corpus delicti rule in favor of a more forgiving standard. Stay silent and ask for a lawyer! https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC664.pdf

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Boulder gets rid of jury trials in municipal cases!

February 8th, 2012 6:20pm - Posted By: Malkinson Wheelerl Law

The Boulder City Council approved a measure to elimate the right to a jury trial for 60 Municipal offenses last night. This perplexing move was likely because the City Prosecutor's office was losing too many camping in public cases and getting negative publicity from their handling of the tickets given to members of the Occupy Boulder Movement. See link to article: http://www.dailycamera.com/boulder-county-news/ci_19915493?source=pkg

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Molly Midyette motion for new trial denied

November 22nd, 2011 2:11pm - Posted By: Malkinson Wheeler Law, LLP

Molly Midyette's motion for a new trial was denied by Judge Montgomery in Boulder. See link to Daily Camera article. http://www.dailycamera.com/ci_19386383?source=most_viewed

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New DUI laws in 2010

September 8th, 2010 5:56pm - Posted By: Malkinson Wheeler Law

Colorado DUI Criminal Penalties

As of July 1, 2010, if you are convicted of DUI or DWAI in Colorado, you can expect to face the following stiff criminal penalties:

1st DUI Conviction

5 days minimum mandatory jail and up to 1 year in jail (jail may be suspended upon completion of alcohol evaluation and treatment) $600-$1,000 in fines 48 - 96 hours of community service Up to 2 years probation with conditions that can include alcohol education/therapy, no alcohol and monitored sobriety for one year. One year monitored abstinence possible Where a BAC = > .20, the court must impose 10 days jail (jail alternatives are available)

1st DWAI Conviction

2 days minimum mandatory jail and up to 180 days in jail (jail may be suspended upon completion of alcohol evaluation and treatment) $200-$500 in fines 24 - 48 hours of community service Up to 2 years probation with conditions that can include alcohol education/ therapy, no alcohol and monitored sobriety for one year. Where a BAC = > .20, the court must impose 10 days jail (jail alternatives are available)

2nd DUI/DWAI Conviction

10 days minimum mandatory jail and up to 1 year in jail (10 days jail must be served consecutively with no earned or good time credit; jail alternatives may be authorized) $600-$1,500 in fines 48 - 120 hours of community service Minimum 2 years probation with conditions to include an additional one-year suspended jail Level II education/therapy No alcohol and monitored sobriety for one year.

Conviction for DUI/DWAI with prior convictions for  2 or More DUI / DWAI / Driving while revoked under alcohol related restraint offense

60 days minimum mandatory jail and up to 1 year in jail (60 days jail must be served consecutively with no earned or good time credit; work/education release may be authorized) $600-$1,500 in fines 48 - 120 hours of community service Minimum 2 years probation with conditions to include an additional one-year suspended jail Level II education/therapy No alcohol and monitored sobriety for one year.

In addition to these penalties, you can also expect to face a driver’s license suspension and mandatory DUI classes.  Furthermore, the penalties will likely be enhanced if you:

Caused an accident that resulted in the serious injury or death of another person Drove with a minor in the vehicle Drove with a BAC of .20 or higher

Contact a Malkinson & Wheeler Law, LLP Attorney immediately if you are facing DUI charges in Boulder County or any front-range counties.  You can depend on attorneys Zak Malkinson and Kristan Wheeler to provide you with the dedicated representation you need to effectively fight your DUI or DWAI alcohol-related driving charges. 

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New law requires officer gives advisement before consent to search

August 12th, 2010 1:34pm - Posted By: Malkinson Wheeler Law, LLP

As of 4/23/10, before a Colorado police officer can obtain voluntary consent to search a person, their stuff or their car, the officer must tell the person: 1) the officer is asking to conduct a voluntary search and 2) the person has the right to refuse the voluntary search. Prior to 4/23/10, officers were not required to tell the subject of a search anything besides asking whether or not the officer could search. It will be interesting to see whether this will invalidate any consent searches. 

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Changes in DUI law

July 12th, 2010 11:35am - Posted By: Malkinson Wheeler Law, LLP

The Colorado leglislature has recently amended the DUI statutes. The legislation is harsh. Stay tuned for updates on how the law will affect Colorado.
 

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