Police officers only have to provide a Miranda advisement to a person who is in custody AND being interrogated. Both custody and interrogation have to be present.
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5 Simple Tips to Avoid a Traffic Stop
You’re driving along, minding your own business, when suddenly you see flashing lights in your rear-view mirror. Your stomach sinks and your heart beats faster as you tick through the possible reasons for the stop. No matter the situation, it is never good news.
Accused Murderer Wants "MURDER" Tattoo Removed
Don’t judge me by my tattoo! That is what Kansas murder suspect Jeffrey Chapman wants help with before his jury trial this week. He sports an extremely large and conspicuous tattoo across his entire neck that spells MURDER.
Why Isnt Woman Accused of Killing Her Babies Charged Yet?
A little over a week ago in Utah, Darren West was going through the garage of his estranged wife Megan Huntsman. He made a horrifying discovery. Inside a cardboard box he found the remains of a tiny infant. Police were called and 6 more bodies were found in boxes and plastic bags.
Legal Guide to 4/20 Celebration in Colorado
Colorado is getting ready for the annual 4/20 celebration, and we at Hebets & McCallin are doing our part. We created a legal guide to 4/20 to let you know what is and is not legal with regard to the purchase and possession of both medical and recreational marijuana.
DUI Fatality- Why First Degree Murder is Appropriate
We have recently blogged about the tragic DUI fatality case in which Ever Olivos-Gutierrez has been accused of driving drunk and killing Juan Carlos Dominguez-Palomino, a 17 year old boy. Olivos-Gutierrez is an illegal immigrant with several prior DUI and Driving Under Suspension convictions.
Can DUI Turn into First Degree Murder?
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver.
Past Marijuana Convictions Can Be Dismissed!
OK, not all past marijuana convictions can be dismissed. Last week the Colorado Court of Appeals ruled that those individuals who had a pending appeal for possession of marijuana when Amendment 64 passed could have their convictions overturned and cases dismissed.
Hey Carjacker: Goodbye
Coloradans were stunned yesterday as they watched their televisions live to see Ryan Stone commit felony after felony in the Wednesday morning rush hour. It was like watching someone play Grand Theft Auto V, only it was real. Surreal may be the better word for it
DUI Roadside Tests - Dont Walk the Line!
In our DUI practice, we sit down with our clients and discuss the facts of their case with them. One of the questions we often get asked is, “Should I have done the roadside tests with the officer?” The answer is an emphatic no, and this blog shall discuss why.