David Lindsey Colorado Attorney for Federal Crimes, Drug Crimes, White Collar, Fraud, Computer Crimes, Sex Crimes and Violent Crimes Defense

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Have You Been Falsely Accused of Identity Theft? Here’s What You Need to Know to Avoid Accusations and Defend Yourself if the Unthinkable Does Occur

Identity theft occurs when one person uses another person’s identifying information, most often to gain access to money. For instance, if a person uses your social security number to apply for credit in your name, it is an example of identity theft. Identity theft is illegal and can result in serious legal consequences. Additionally, the victim is faced with cleaning up the mess created by the identity thief – it...
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8908 Hits

Three Surprising Effects a Domestic Violence Charge Will Have on Your Life

Domestic violence is viewed by many in society as a private matter. They believe if something happens within a family’s home it is nobody’s business and everyone should turn a blind eye, even if it is something disruptive or unusual. Unfortunately, when it comes to acts of violence in the home, this attitude can result in serious injuries, disturbing abuse, and even death. Opinions about domestic violence are beginning to...
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2133 Hits

Social Medial Computer Crimes

It seems everyone is using social media these days. From old school friends reconnecting on Facebook to people expressing their views about politics, sports, and daily life on Twitter to finding your next job on LinkedIn, social media has become a life-changing tool. Despite all the positive things it has brought into our lives, not everyone uses social media for good. In addition to the general negativity of people speaking...
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2135 Hits

What is the Difference Between Hacking and Phishing?

Hacking and phishing are likely two terms you are familiar with, but unless you have been a victim or you work in an industry related to computer security you might not understand the difference between the two. Both crimes are typically committed by nefarious individuals intending to defraud someone out of money. However, in some cases, innocent actions can be misconstrued as an attempt to commit a computer crime. This...
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4996 Hits

No-Fly List Ruled Unconstitutional by Federal Judge

U.S. District Judge Anna Brown has ruled in favor of the plaintiffs in a suit brought by the American Civil Liberties Union on behalf of 13 Muslim Americans, asserting that the “no-fly list” violates their constitutional rights to due process because there is no effective way to fight their placement on the list. The plaintiffs, four of whom are U.S. military veterans, were unaware that they were on such a...
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2392 Hits

Court Ruling Could Impact Federal Sentencing Guidelines

The 4th Circuit Court of Appeals has invalidated a sentence based in part on a previous conviction; the finding is based on the recent U.S. Supreme Court ruling that instructs lower court judges how to define crimes as violent. The ruling has led dozens of federal inmates in Maryland to challenge their sentences. The federal sentencing guidelines mandate a longer sentence for an unlawful re-entry defendant who has previously been...
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1931 Hits

Colorado General Assembly releases 2014 Digest of Bills pertaining to criminal law and procedure

The Colorado General Assembly has released its 2014 Digest of Bills pertaining to criminal law and procedure. A number of laws are effective July 1, 2014, with additional statutes set to take effect in August of this year. There are several notable bills, including S.B. 14-193 , which requires a warrant to obtain evidence from a GPS device or other electronic vehicle location information device. H.B. 14-1378 makes the posting...
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2196 Hits

Colorado Makes More Changes to Solitary Confinement Law

Governor John Hickenlooper recently signed a bill into law that prohibits the state Department of Corrections from putting inmates who are diagnosed with mental illness into long-term solitary confinement. Only under very specific circumstances can solitary confinement occur if a patient has been diagnosed with a mental illness. At the time the bill was signed into law it only affected one inmate in the Colorado corrections system. However, it means...
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2392 Hits

Have You Been Accused of a Computer Crime?

An accusation of a computer crime might not seem as serious as that of a violent crime or various other charges, but computer crimes are very serious. In most cases, committing a computer crime is a violation of federal law and for some could even violate international law. If you are suspected of a computer crime, you will be exposed to rigorous and intrusive investigation by various law enforcement agencies,...
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2733 Hits

What to Do if You are Accused of Stalking an Ex

 It is possible to be accused of stalking by anyone at any time, but when you are in the process of ending a relationship or have recently done so, actions tend to be misunderstood and could be construed as harassment or stalking. Even if your intentions are good, your former significant other might have concerns that get blown out of proportion. Likewise, if things ended on poor terms, your ex...
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2855 Hits

New Efforts Underway to Reduce Medicare Abuse

  Doctors who have spent years abusing the Medicare system and overcharging patients could soon get a wake u call. The Obama administration has made changes that will likely put an end to years of abuse and reveal how much money individual doctors treating Medicare patients receive. Dealing with Medicare Abuses Unfortunately, even after doctors are offered extensive education for using the Medicare system ethically, some continue to take advantage...
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1941 Hits

Why You Should Never Talk to Law Enforcement Officials without Consulting an Attorney

  Anyone who has seen a television drama based on law enforcement and judicial proceedings knows how intense things can get “in the interrogation room.” In many ways, these situations are not an exaggeration. Law enforcement officials will take whatever legal means necessary to extract a confession from a suspect. Their job is to solve a crime and to do it as efficiently as possible. Unfortunately, this has resulted in...
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2776 Hits

10th Circuit Court of Appeals Gives Good Example of Why We Need Courts of Appeals

In a ruling issued today, the 10th Circuit Court of Appeals gave a good example of why we need courts of appeals. Judge Brooks Jackson was chastised by the Court of Appeals for failing to follow the law when it came to the Federal Sentencing Guidelines. Judge Jackson was previously a state court judge in Jefferson County, Colorado. He became a federal judge two years ago. In this particular case,...
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2719 Hits

Traveler Search and Seizure

Documents released as part of a legal settlement between the Department of Homeland Security and the fundraiser working for the defense of Chelsea (formerly PFC Bradley) Manning reveal that the government has been using “travel alerts” at border crossings to confiscate and examine electronic devices without a warrant. By taking these devices and copying their data, the government has been circumventing protections against unreasonable search and seizure; courts have been...
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2363 Hits

DEA Receiving Tips from the NSA

The Reuters news agency has discovered that the U.S. Drug Enforcement Administration has been receiving “tips” from the NSA,  a revelation that has conspiracy theorists and pragmatists alike shaking their heads.  The most disturbing part of this disclosure is how the DEA’s use of “parallel construction” enables law enforcement to skirt pretrial discovery rules and hide the source of evidence. The DEA has set up a secret office it calls...
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2642 Hits

Englewood Colorado Sex Offender Ordinance Overturned by Federal Judge

A federal judge has overturned an Englewood, Colorado ordinance that seeks to limit where convicted sex offenders can live, calling it a conflict with "the state interest in the uniform treatment, management, rehabilitation, and reintegration of sex offenders during and after state supervision." The ordinance barred convicted sex offenders from living within 2,000 feet of any school, park or playground, or 1,000 feet of any licensed day care center, recreation...
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Mandatory Minimum Sentences - Federal Criminal Defense

The Department of Justice has announced a new policy to handle low-level drug offenses committed by nonviolent offenders without gang affiliations. The policy is one part of a sweeping prison reform package introduced by Attorney General Eric Holder to an American Bar Association gathering in San Francisco on Monday. Holder unveiled the new policy, which the Justice Department has been working on for months, asserting that “we must face the...
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2430 Hits

US v Davila

In a unanimous decision, the United State Supreme Court has ruled that a judge’s participation in a plea negotiation does not constitute a reversible error, given the language in the Federal Rule of Criminal Procedure 11(h), which stipulates that “a variance from this rule is harmless error if it does not affect substantial rights”. In this case, even though there was a clear violation of the Federal Rule which prohibits...
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2128 Hits

Salinas V. Texas

The Supreme Court has issued a ruling on a defendant’s right to remain silent that directly impacts how prosecutors may use that silence as evidence in trial. In Salinas v. Texas, the court ruled that if an individual is voluntarily speaking to the police in a pre-arrest situation, and refuses to answer a specific question, that silence may be used against them in court. If the individual does not claim...
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3114 Hits

Descamps V. United States

The Supreme Court has overturned a Ninth Circuit Court ruling regarding the imposition of the Armed Criminal Career Act (“ACCA”) on a defendant with prior “violent felonies”. In its decision, the lower court had deemed it appropriate for the sentencing judge to go back to the guilty plea proceedings in a previous case; the Supreme Court found held that this fact finding went beyond the scope of access for the...
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2264 Hits
M. David Lindsey
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David Lindsey, Attorney at Law

7887 East Belleview Avenue, Suite 1100
Englewood, CO 80111
Map and Directions

Phone: 303-228-2270
Fax: 303-228-2271

Denver Office

1900 Grant Street, Suite 750
Denver, CO 80203
Map and Directions

Phone: 303-228-2270
Fax: 303-228-2271