Nelson Law Office, LLC, lawyers in Boulder, CO, Colorado

BILLS OF EXCEPTION

A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued. More...

DUI Defenses

If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Some of the most common and potential defenses are discussed below in more detail.More...

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:More...

Overview of the Racketeer Influenced and Corrupt Organizations Act of 1970 RICO

RICO was enacted in response to the threat to the American economy from the unfettered growth of organized crime. RICO was intended to assist in remedying the inhabitation of the development of admissible evidence necessary to bring criminal charges against individuals involved in organized crime. The United States Congress enacted RICO in the hope that it would in part permit prosecutors to revitalize corrupted interstate enterprises into legal businesses. More...

GRAND JURY PROCEDURE

When a grand jury is impaneled to investigate criminal activity, one member of the grand jury is selected as a foreman. The foreman is responsible for presiding over the grand jury. A quorum is necessary for the grand jury to proceed. Nine grand jurors is the minimum for a quorum when there are 12 grand jurors. If the grand jury acts without a quorum, the proceedings are void. Any indictment that is issued by the grand jury without a quorum is subject to being dismissed or quashed.More...