Posted on February 28, 2011 by Andres Guevara
Under the Fifth Amendment of the United States Constitution, an individual has the right not to incriminate him- or herself. The United States Supreme Court has held that, in order to comply with the Fifth Amendment, an individual who is in custody and being interrogated must be provided their Miranda warnings. If law enforcement does not provide a defendant who is undergoing custodial interrogation their Miranda warnings, the prosecution may not use any statements obtained from that custodial interrogation in the prosecution’s case in chief at trial.
Being in custody does not necessarily mean that an individual is in handcuffs or at a police station. Whether a person is in custody for purposes of Miranda is determined by whether a person has been deprived of their freedom in a significant way. If law enforcement officers have not complied with their obligations under Miranda, a defendant may bring a motion to suppress the statements. Even if a defendant has not been provided their Miranda rights, any statement made by a defendant may not be introduced into evidence at trial unless the statement was made voluntarily. In other words, a coerced confession may not be used against a defendant. It is the prosecution’s burden to demonstrate that an individual knowingly and intelligently waived their privilege against self-incrimination.
A motion to suppress can be brought on the basis that either the waiver of Miranda rights was not voluntary, or that it was not knowing and intelligent.
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Filed under: Constitutional Law, Criminal Cases | Leave a comment »
Posted on September 29, 2010 by Andres Guevara
56 year-old Marvin Booker died while in custody at the Van Cise-Simonet Detention Center in Denver, Colorado. Interestingly, although Denver prosecutors have reviewed a video tape of the incident, no copy of the tape has been provided to media or outside observers as of this date. Nonetheless, the Denver DA has reached the conclusion that Mr. Booker, who “stopped breathing” while be restrained by several deputies, as a result of his “violent refusal to cooperate.”
Interestingly, the Denver Corner has previously ruled that Mr. Booker’s “death was the result of homicide — meaning it was caused by another person. The cause of his death was ruled as “cardiorespiratory arrest during physical restraint.”
Read more: DA: No charges against jail deputies in Booker death – The Denver Post http://www.denverpost.com/news/ci_16196189#ixzz10yM2mWSH
If you have been accused of a crime, call the Law Office of Andres R. Guevara for a free consultation. I will aggressively fight for your rights and freedom. www.guevaracoloradolaw.com
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Posted on August 20, 2010 by Andres Guevara
The Denver Coroner has ruled that the July 9 death of an inmate at the new jail was the result of homicide.
Marvin Booker was being processed on a charge of possession of drug paraphernalia when he got into a scuffle with jail deputies. He was shocked with a Taser device and held to the floor.
Other inmates said Booker, 56, was then carried to the holding cell and dropped face first. He never recovered.
The coroner said deputies had their body weight on Booker’s back continuously for four minutes while he was face down and put him in a “sleeper hold” for more than two minutes while shocking him with a Taser for 8 seconds.
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Posted on March 11, 2010 by Andres Guevara
The Arapahoe District Attorney’s Office has come under fire once again for putting on blinders in an effort to prosecute an Ethopian woman, Ruth Tsehaye, for “trafficking.” Thanks to the outstanding work by attorneys Dan Recht and David Beller and the defense team, Ms. Tsehaye was acquitted by an Arapahoe County Jury.
In 1996, Ms. Tsehaye helped bring her distant cousin, Tsehai Hagos, a non-English-speaking woman to the U.S. Hagos shared a bedroom with Tsehaye’s mother while Tsehaye paid her expenses and urged her to get a job. Hagos lived in the house for about eleven years after which she moved in with other relatives. These relatives and Hagos then proceded to shake down Ms. Tsehaye, claiming that she had enslaved Hagos in their house and trying to extort back wages.
It was immediately clear that Hago’s story about enslavement was full of gaping holes and contradicted by video tapes, photographs, and independant eyewitnesses all of which showed a person (Hago) who was neither enslaved nor hidden away from the rest of society.
Instead of trying to resolve this case outside of trial, the Araphoe DA’s Office opted to try the case, claiming that Tsehaye was involved in “human trafficking,” insensitive to the fact that immigrants commonly assist in bringing family members from other coutries to the U.S.
Jurors who acquitted Ms. Tsehaye saw right through the “victim’s” claims and recognized Hagos’ motivation to make up claims “so she could stay in the country.”
“In the DA’s office’s agenda to prosecute so overzealously, it seems that the facts of a case aren’t really an objective,” says Chris Cashbaugh, foreman of the jury that cleared Ruth Tsehaye at trial.
Read more: http://www.denverpost.com/greene/ci_14527067#ixzz0hvElU23H
Filed under: Arapahoe County Cases, Immigration, Prosecutorial Misconduct, Uncategorized | Tagged: Prosecutorial Misconduct | 1 Comment »
Posted on March 9, 2010 by Andres Guevara
A Denver Detective has been accused by the victim of an alleged assault of encouraging the victim to lie about the extent of injuries suffered. According to alleged assault victim, Allen Andes, Denver police Detective Paul Baca encouraged him to say that assailants broke a tooth during an attack. The problem–the tooth had been chipped prior to the alleged incident.
As a result of these claims, an internal police investigation has been launched. Moreover, Denver District Attorneys have taken the step of reducing the level of assault charges against the assailants from felony level assault to that of a misdemeanor assault.
Andes had originally claimed that he was attacked by a group of about eight black males in a racially motivated attack ocurring in downtown Denver.
For more on this story, click here to go to the Denver Post article.
If you have been accused of an assault, call Denver Criminal Defense Attorney Andres R. Guevara at (720) 379-8262 or visit the website at www.guevaracoloradolaw.com.
Filed under: Assault, Criminal Law, Denver, Police, Uncategorized | Tagged: Criminal Law, Police Misconduct | Leave a comment »
Posted on February 7, 2010 by Andres Guevara
As noted by the Denver Post:
Carol Chambers has overstepped again — this time by illegally funding her prosecution of a high-profile murder case, a judge has ruled.
“A district attorney’s obligation is greater than obtaining convictions,” reads an order Tuesday by District Judge Stanley Brinkley.
“A conviction, if it is to be obtained, must be accomplished by obedience to the law. Otherwise, the prosecution is no different than those the prosecutor is required to prosecute.”
Read more: http://www.denverpost.com/search/ci_14282987#ixzz0euDWY0tQ
The court found that Carol Cambers and the Arapahoe County District Attorney’s Office broke state law by creating a new funding source and sidestepping counties’ budget approval.
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Filed under: Arapahoe County Cases, Criminal Cases, Prosecutorial Misconduct | Tagged: Criminal Law, Prosecutorial Misconduct | Leave a comment »
Posted on January 27, 2010 by Andres Guevara
A few months ago, the Attorney General cited some very fuzzy math and claimed that robberies and other crimes were higher in neighborhoods with marijuana dispensaries. (http://www.kdvr.com/news/kdvr-crime-marijuana-101309,0,3838875.story). Although officials withheld the actual data, this didn’t stop news outlets from reporting the report as a stone clad fact. Well, turns out that the reality is far more interesting. A new internal memo indicates that:
medical- marijuana dispensaries in the city were robbed or burglarized at a lower rate last year than either banks or liquor stores.
Read more: http://www.denverpost.com/news/ci_14275637#ixzz0dsRBUh2R
Filed under: Criminal Law, Drug Offenses, Marijuana | Tagged: Criminal Law, Marijuana | Leave a comment »