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

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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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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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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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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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11284 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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8274 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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2503 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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2800 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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2584 Hits

Ninth Circuit Rules on Computer Fraud and Abuse Act

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Fraud on Monday, April 16, 2012. In a 9-2 decision, California's 9th Circuit Court of Appeals has ruled that prosecutors are too broadly applying the 1984 Computer Fraud and Abuse Act in going after someone who violates employer computer policies or a website's terms of service; the majority upheld the decision of San Francisco U.S. District Court judge...
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New Wyoming Insurance Fraud Legislation Signed into Law

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Fraud on Tuesday, April 3, 2012. The Wyoming State Legislature has approved a bill intended to target insurance fraud by allowing law enforcement to speak to insurance companies without first getting a subpoena. It also allows insurers to communicate more openly with law enforcement, giving them immunity when dealing with law enforcement agencies. http://www.mdavidlindsey.com/Practice-Areas/Fraud-Crimes.shtml A more broadly worded...
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3019 Hits

Federal Sentences Vary Widely, But Are Not Politically Biased

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Wednesday, March 14, 2012. In federal sentencing law news, the Associated Press reports that federal judges are handing out a wide range of sentences for similar crimes, according to an analysis by the Transactional Records Access Clearinghouse of sentencing records; the study shows that the judge's political party doesn't uniformly dictate those differences. http://www.mdavidlindsey.com/Federal-Crimes/Federal-Sentencing-Law.shtml...
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Supreme Court Search and Seizure Ruling In Use of GPS

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Search and Seizure on Monday, March 5, 2012. In a landmark ruling regarding privacy rights and search and seizure, the Supreme Court of the United States has suggested that law enforcement get a warrant before physically attaching GPS monitoring devices to a suspect's vehicle. While the ruling was unanimous that police had violated the suspect's Constitutional rights, the...
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2315 Hits

Criminal Defense News: Supreme Court Reverses Murder Conviction

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Criminal Defense on Wednesday, February 29, 2012. In an 8-1 ruling favorable to criminal defense, the Supreme Court has reversed a New Orleans murder conviction based on so-called "Brady Violations" by the prosecutors in the case. Chief Justice Roberts delivered the opinion, in which all the Justices except Justice Thomas joined him. Juan Smith was convicted on five...
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2399 Hits

Past Drug Charges Follow Convicted Felons

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Drug Charges on Tuesday, January 24, 2012. In a New York Times op-ed this last week, contributors Alfred Blumenstein and Kiminori Nakamura detailed the struggles faced by convicted felons as they try to move on with, and improve, their lives. Past drug charges follow these defendants long after they serve their time. They cite the story of Darrell...
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2608 Hits

GPS Monitoring of Automobile to be Decided by Supreme Court

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Search and Seizure on Tuesday, November 22, 2011. Have advances in technology led to potential invasions of privacy by law enforcement? This question will be taken up by the nation's highest court this term, in the case United States v Jones, where a GPS tracking device placed on a suspect's car without a warrant. The court has long...
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1985 Hits

Recorded Jail Phone Calls May be Used in Court

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Criminal Defense on Tuesday, October 25, 2011. The Second Circuit of the U.S. Court of Appeals has ruled that an inmate's phone call to relatives with instructions for his attorney does not fall under the protection of "attorney-client privilege". The court has found that, because the inmate knew that his calls were being recorded, he did not have...
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Medical Marijuana: New Federal Drug Crime Push

On behalf of David Lindsey, Attorney at Law posted in Federal Drug Crimes on Friday, October 7, 2011. CNN is announcing a new federal drug crimes initiative by various United States Attorneys offices in California. According to reports, the Federal Government intends to begin using various federal prosecution tools to target the "large, for-profit marijuana industry". The article states: "Four U.S. attorneys -- Benjamin Wanger, Andre Birotte Jr., Laura Duffy...
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2072 Hits

Emailing Your Attorney From a Work Computer May be a Bad Idea

On behalf of David Lindsey, Attorney at Law posted in Computer Crimes on Thursday, October 6, 2011. Emailing your attorney from a work email address may not be a good idea, according to a recent ethics opinion from the American Bar Association. In a recent interview on NPR, legal ethics expert Diane Karpman outlined the conflicts between attorney-client privilege and an employer's expectation of access to their employees' correspondence. "Clients...
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2064 Hits

Computer Crimes: DOJ to Train Prosecutors in Cyber Espionage

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Computer Crimes on Wednesday, October 3, 2012. Citing what it calls a growing threat of computer crimes to national security, the United States Department of Justice has begun the training of more than 400 prosecutors as experts in the field of cyber espionage. http://www.mdavidlindsey.com/Criminal-Defense/Computer-Crimes-Defense/ An internal review has identified gaps in the department's identification of and response to...
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Colorado sees rise in new type of sex crime

On behalf of David Lindsey, Attorney at Law posted in Sex Crimes on Friday, September 30, 2011. According to authorities, a relatively new type of sex crime seems to be on the rise in the Denver area: upskirting, or taking pictures up women's garments without their knowledge or consent. Perpetrators of this sex crime may believe that it is harmless and that no one is getting hurt. While it is...
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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