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

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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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1761 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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2224 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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2416 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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1678 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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2283 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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2320 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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1955 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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2180 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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2262 Hits

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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2044 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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1778 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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2590 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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1927 Hits

Peugh v. United States

In a 5-4 ruling, the U.S Supreme Court held that a defendant may not be sentenced under guidelines put in place after the crime was committed. In Peugh v. United States, the petitioner was convicted in federal court on five counts of bank fraud committed between 1999 and 2000, but was sentenced based on the 2009 version of the U.S. Sentencing Guidelines, resulting in a sentence of nearly twice the...
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2090 Hits

Maryland V. King

In a potential blow to the Fourth Amendment right to privacy, and in what some are calling “a stunning victory for law enforcement”, the United States Supreme Court decided 5-4 to overturn a lower court decision in Maryland v. King, thereby allowing police to collect a DNA sample at the time of arrest. Proponents argue that this procedure will greatly aid in solving “cold cases”, but Justice Antonin Scalia, in...
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2387 Hits

Federal Sentencing Law: The High Cost of Prison Phone Calls

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Tuesday, October 9, 2012. A hidden result of the inmate-phone industry is widespread discrimination in federal sentencing law, because the rates effectively disallow phone calls between inmates and their families who cannot afford the exorbitant price of a phone call. The FCC has agreed, under pressure from a collection of civil rights and religious...
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10778 Hits

Criminal Defense: Study Questions Reliability of Witness Recall

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Criminal Defense on Friday, October 5, 2012. A recently published study in the Journal of Neuroscience may affect the witness cross-examination by criminal defense teams at trial; it calls into question the validity of witness recall, citing research that demonstrates the way brain networks alter the way an event is remembered. http://www.mdavidlindsey.com/Criminal-Defense/ The Northwestern University Feinberg School of...
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7459 Hits

Search and Seizure: Appeals Court Restricts Scope

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Search and Seizure on Thursday, September 27, 2012. The District of Columbia Court of Appeals has issued new search and seizure guidelines for police officers conducting a warrantless search of vehicles after making a lawful arrest. http://www.mdavidlindsey.com/Criminal-Defense/ The court has rejected an argument that there are some crimes where warrantless searches are always justified; it asserted instead that...
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2059 Hits

Computer Crimes: "Mean Girls" Create Fake Facebook Page

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Computer Crimes on Monday, September 24, 2012. In the first arrest under a new computer crime law governing online impersonation, a twelve year old and thirteen year old from Granbury, Texas are facing a felony charge after fabricating a Facebook page under the identity of a fellow middle school classmate. http://www.mdavidlindsey.com/Criminal-Defense/Computer-Crimes-Defense/ "The juveniles were using the fake Facebook...
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2280 Hits

False Testimony by Sex Crime Expert Casts Doubt on Sentencing

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Sex Crimes on Thursday, July 12, 2012. A prosecution expert in sex crimes made false claims about his assessment of a Texas man's alleged sexual assault of a young relative, leading to a 20-year sentence for that crime. http://www.mdavidlindsey.com/Practice-Areas/Crimes-Involving-Illegal-Sexual-Conduct.shtml In a unanimous ruling, the Texas Supreme Court has concluded that defendant Michael Arena should be re-sentenced because testimony...
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2022 Hits

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