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When must the police advise a person of their rights - and what is the impact if this is not done

By David B. Harrison
Category: General

Before law enforcement is required to advise a person of their rights (i.e. the right to remain silent, the right to consult a lawyer, etc.) two conditions must exist: (1) the person must be "in custody" (reasonably believe they are not free to go) and (2) they must be subject to interrogation (questions designed to elicit an incriminating respo... Continue reading

Tags: Advisement of rights Miranda warnings dismiss case

Be sure to know what traffic ticket points you have to avoid suspensions

By David B. Harrison
Category: Traffic Violations

In Colorado if a person over 21 is convicted of traffic violations totaling 12 or more points within a 12 month period, or 18 or more points within a 24 month time period, the person's license gets suspended for up to a year due to points accumulation.  So if you receive a traffic tickets, be sure to get your driving record showing prior po... Continue reading

Tags: traffic tickets points suspension driver's license traffic points driving

Be careful with marijuana grows

By David B. Harrison
Category: General

Despite marijuana being legal to possess in Colorado for people over 21, there are limits on the amount that can be grown by an individudal.  The state law limits the number of plants one can grow on their own (although there is some issue as to what constitutes a single plant). However, be aware that local governemnts often set their own l... Continue reading

Tags: marijuana MJ drug marijuana grow local ordinances

Many Officers now have Body Cameras or Dash Cameras - This often helps the defense

By David B. Harrison
Category: General

Many police agencies are now equipping their officers with body worn cameras or dash cameras in their patrol vehicles.   For the dash cameras they can be turned on in one of three ways - manually when the officer wants to, when the car exceeds 55 miles per hour, or when the "emergency lights" are activated.  The cameras are on a c... Continue reading

Tags: DUI Criminal Law Body Worn Cameras Dash Cameras

An arrest does not mean a crime was committed - officers need better training!

By David B. Harrison
Category: General
Recently I have had a number of cases where clients were charged with crimes, one even arrested and jailed overnight, when no crime occurred. Fortunately we were able to convince the prosecutor of that and they dismissed the cases. In one case, client was arrested for "Unlawful Sexual Contact" for kissing another person on the neck. This clearly do... Continue reading

DUI requires "actual physical control"

By David B. Harrison
Category: DUI/DWAI
In order for a prosecutor to prove a DUI case against a person in Colorado, the prosecutor has to prove that the person was in "actual physical control" of the vehicle.  That is the definition of "driving" in Colorado. Certainly moving the vehicle down the road will prove this, but if a person is just sitting in the car, it gets more complicat... Continue reading
Tags: DUI drunk driving driving

To Qualify as a Domestic Violence Offense the act must be for a specific purpose

By David B. Harrison
Category: Domestic Violence
Domestic violence offenses fall into two categories. One category is an offense that includes violence or a threat of violence - so assaults and physical harassment offenses.  The other category is non-assaultive offenses - like "interfering with phone usage", criminal mischief, phone harassment, false imprisonment, etc.  For those types... Continue reading

Domestic Violence charge requires a specifically defined relationship between the parties

By David B. Harrison
Category: Domestic Violence

In Colorado, for an offense to be classified as a "domestic violence" offense, the alleged victim has to be one that the person charged with an offense was in an "intimate relationship" with. That "intimate relationship" is defined as a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the p... Continue reading

DMV Can make you prove you are fit to drive

By David B. Harrison
Category: Traffic Violations
There is a rule allowing DMV to require you to submit a medical clearance from a doctor, and / or eye doctro, stating you are able to drive. The request for this review can occur after an accident, and most often occurs to elderly drivers.  Continue reading
Tags: DMV license criminal driving

You do NOT have to talk to the police

By David B. Harrison
Category: General

If you are contacted by a police officer who wants to talk to you about some event you may have been involved in or been a witness to, you are NOT required to speak to them. You can politely say that you do not want to make any statement and they must not force you to talk. If you are arrested, or about to be arrested, you also do not need to ma... Continue reading

Tags: criminal interrogation police

Travel to Canada with a DUI

By David B. Harrison
Category: DUI/DWAI

If you have a DUI conviction on your record, you likely will have trouble traveling to Canada. Canada’s Immigration and Refugee Protection Act says that individuals with criminal records are “inadmissible,” and will NOT be allowed to enter Canada. If the offense could be prosecuted as a felony in Canada the person is not allowed to enter Canada.... Continue reading

Civil Protection Orders - You can avoid them becoming permanent

By David B. Harrison
Category: Domestic Violence

If you are served with a “Temporary Protection Order” from an “ex”, be aware that it is possible to avoid that order being made permanent. The person who gets the protection order against you just has to say enough to the judge at the initial request hearing – without you present – to convince the Judge there may be an “imminent threat”. This is... Continue reading

Tags: Domestic Violence Temporary Protection Order Permanent Protection Order

Charged with Careless Driving Resulting in Injury or Death?

By David B. Harrison
Category: Traffic Violations

Many people each year are charged with Careless Driving Resulting in Injury or Death.  While this offense seems to be a simple “traffic offense” many complex issues can arise in such cases. The basis of the charge is whether a person was driving in a “careless and imprudent manner, without due regard to” the layout of the roadway and things... Continue reading

Tags: careless driving traffic violations

DUI - Breath or Blood must be taken within two hours

By David B. Harrison
Category: DUI/DWAI

The Colorado Courts have recently confirmed that a chemical test must be completed within two hours of the last driving for the Colorado DMV to be able to use it to revoke a driver’s license under the Express Consent Law.  It is not that the test process must be started within two hours but that the process must be completed (breath sample... Continue reading

Tags: DUI DWAI Breath Test Blood Test

Domestic Violence Treatment in Colorado

By David B. Harrison
Category: Domestic Violence

The treatment required for a person convicted of domestic violence in Colorado is based on assessing a persons “risk and needs” and then assigning them to one of three risk levels. The Treatment requires attendance at a group meeting (gender specific – i.e. men’s group, women’s group, etc.) once per week for people in the lowest risk category, o... Continue reading

Tags: domestic violence treatment convicted of domestic violence

Requested to Talk to Police Officer?

By David B. Harrison
Category: General

You should know that you do not have to talk to a police officer just because the officer asks you to. Depending on the situation, a person can provide new evidence or add to the evidence police have against them (without knowing they are doing so) by saying things the person thinks don’t matter or are unimportant – or things they think “prove”... Continue reading

Tags: police questioning evidence

Title of your posts.
By Author's Name

January 1, 2030

Category: Category Name

This is where the post content will show up. The font color, font size, line-height, and other styles related to the font, as well as stroke, corner radius and backgroung color / image can be styled. Simply use the text / color / stroke panel to style any of these elements! You can also change the spacing by clicking on the top right arrow near this field. Again this is a sample text and will be replaced with the content of each post.

Tags: Tag Link

100 Comments

Comments

John Smith

 

January 1, 2030

 

This is the comment text. It can be long and break into several lines.

Category Name

Call Us 303.449.2830

Dave@millerandharrison.com    Bob@millerandharrison.com

 

Miller & Harrison LLC  |  2305 Broadway  |  Boulder, Colorado 80304

Tel. 303-449-2830  |  Fax. 303-449-2198

click here for directions

Home   |   About Us   |   DUI Defense    |    Drug Charges    |    Domestic Violence   |   Practice Areas   |   Contact

Miller and Harrison LLC ©2017

When must the police advise a person of their rights - and what is the impact if this is not done

By David B. Harrison
Category: General

Before law enforcement is required to advise a person of their rights (i.e. the right to remain silent, the right to consult a lawyer, etc.) two conditions must exist: (1) the person must be "in custody" (reasonably believe they are not free to go) and (2) they must be subject to interrogation (questions designed to elicit an incriminating respo... Continue reading

Tags: Advisement of rights Miranda warnings dismiss case

Be sure to know what traffic ticket points you have to avoid suspensions

By David B. Harrison
Category: Traffic Violations

In Colorado if a person over 21 is convicted of traffic violations totaling 12 or more points within a 12 month period, or 18 or more points within a 24 month time period, the person's license gets suspended for up to a year due to points accumulation.  So if you receive a traffic tickets, be sure to get your driving record showing prior po... Continue reading

Tags: traffic tickets points suspension driver's license traffic points driving

Be careful with marijuana grows

By David B. Harrison
Category: General

Despite marijuana being legal to possess in Colorado for people over 21, there are limits on the amount that can be grown by an individudal.  The state law limits the number of plants one can grow on their own (although there is some issue as to what constitutes a single plant). However, be aware that local governemnts often set their own l... Continue reading

Tags: marijuana MJ drug marijuana grow local ordinances

Many Officers now have Body Cameras or Dash Cameras - This often helps the defense

By David B. Harrison
Category: General

Many police agencies are now equipping their officers with body worn cameras or dash cameras in their patrol vehicles.   For the dash cameras they can be turned on in one of three ways - manually when the officer wants to, when the car exceeds 55 miles per hour, or when the "emergency lights" are activated.  The cameras are on a c... Continue reading

Tags: DUI Criminal Law Body Worn Cameras Dash Cameras

An arrest does not mean a crime was committed - officers need better training!

By David B. Harrison
Category: General
Recently I have had a number of cases where clients were charged with crimes, one even arrested and jailed overnight, when no crime occurred. Fortunately we were able to convince the prosecutor of that and they dismissed the cases. In one case, client was arrested for "Unlawful Sexual Contact" for kissing another person on the neck. This clearly do... Continue reading

DUI requires "actual physical control"

By David B. Harrison
Category: DUI/DWAI
In order for a prosecutor to prove a DUI case against a person in Colorado, the prosecutor has to prove that the person was in "actual physical control" of the vehicle.  That is the definition of "driving" in Colorado. Certainly moving the vehicle down the road will prove this, but if a person is just sitting in the car, it gets more complicat... Continue reading
Tags: DUI drunk driving driving

To Qualify as a Domestic Violence Offense the act must be for a specific purpose

By David B. Harrison
Category: Domestic Violence
Domestic violence offenses fall into two categories. One category is an offense that includes violence or a threat of violence - so assaults and physical harassment offenses.  The other category is non-assaultive offenses - like "interfering with phone usage", criminal mischief, phone harassment, false imprisonment, etc.  For those types... Continue reading

Domestic Violence charge requires a specifically defined relationship between the parties

By David B. Harrison
Category: Domestic Violence

In Colorado, for an offense to be classified as a "domestic violence" offense, the alleged victim has to be one that the person charged with an offense was in an "intimate relationship" with. That "intimate relationship" is defined as a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the p... Continue reading

DMV Can make you prove you are fit to drive

By David B. Harrison
Category: Traffic Violations
There is a rule allowing DMV to require you to submit a medical clearance from a doctor, and / or eye doctro, stating you are able to drive. The request for this review can occur after an accident, and most often occurs to elderly drivers.  Continue reading
Tags: DMV license criminal driving

You do NOT have to talk to the police

By David B. Harrison
Category: General

If you are contacted by a police officer who wants to talk to you about some event you may have been involved in or been a witness to, you are NOT required to speak to them. You can politely say that you do not want to make any statement and they must not force you to talk. If you are arrested, or about to be arrested, you also do not need to ma... Continue reading

Tags: criminal interrogation police

Travel to Canada with a DUI

By David B. Harrison
Category: DUI/DWAI

If you have a DUI conviction on your record, you likely will have trouble traveling to Canada. Canada’s Immigration and Refugee Protection Act says that individuals with criminal records are “inadmissible,” and will NOT be allowed to enter Canada. If the offense could be prosecuted as a felony in Canada the person is not allowed to enter Canada.... Continue reading

Civil Protection Orders - You can avoid them becoming permanent

By David B. Harrison
Category: Domestic Violence

If you are served with a “Temporary Protection Order” from an “ex”, be aware that it is possible to avoid that order being made permanent. The person who gets the protection order against you just has to say enough to the judge at the initial request hearing – without you present – to convince the Judge there may be an “imminent threat”. This is... Continue reading

Tags: Domestic Violence Temporary Protection Order Permanent Protection Order

Charged with Careless Driving Resulting in Injury or Death?

By David B. Harrison
Category: Traffic Violations

Many people each year are charged with Careless Driving Resulting in Injury or Death.  While this offense seems to be a simple “traffic offense” many complex issues can arise in such cases. The basis of the charge is whether a person was driving in a “careless and imprudent manner, without due regard to” the layout of the roadway and things... Continue reading

Tags: careless driving traffic violations

DUI - Breath or Blood must be taken within two hours

By David B. Harrison
Category: DUI/DWAI

The Colorado Courts have recently confirmed that a chemical test must be completed within two hours of the last driving for the Colorado DMV to be able to use it to revoke a driver’s license under the Express Consent Law.  It is not that the test process must be started within two hours but that the process must be completed (breath sample... Continue reading

Tags: DUI DWAI Breath Test Blood Test

Domestic Violence Treatment in Colorado

By David B. Harrison
Category: Domestic Violence

The treatment required for a person convicted of domestic violence in Colorado is based on assessing a persons “risk and needs” and then assigning them to one of three risk levels. The Treatment requires attendance at a group meeting (gender specific – i.e. men’s group, women’s group, etc.) once per week for people in the lowest risk category, o... Continue reading

Tags: domestic violence treatment convicted of domestic violence

Requested to Talk to Police Officer?

By David B. Harrison
Category: General

You should know that you do not have to talk to a police officer just because the officer asks you to. Depending on the situation, a person can provide new evidence or add to the evidence police have against them (without knowing they are doing so) by saying things the person thinks don’t matter or are unimportant – or things they think “prove”... Continue reading

Tags: police questioning evidence

Title of your posts.
By Author's Name

January 1, 2030

Category: Category Name

This is where the post content will show up. The font color, font size, line-height, and other styles related to the font, as well as stroke, corner radius and backgroung color / image can be styled. Simply use the text / color / stroke panel to style any of these elements! You can also change the spacing by clicking on the top right arrow near this field. Again this is a sample text and will be replaced with the content of each post.

Tags: Tag Link

100 Comments

Comments

John Smith

 

January 1, 2030

 

This is the comment text. It can be long and break into several lines.

Category Name

When must the police advise a person of their rights - and what is the impact if this is not done

By David B. Harrison
Category: General

Before law enforcement is required to advise a person of their rights (i.e. the right to remain silent, the right to consult a lawyer, etc.) two conditions must exist: (1) the person must be "in custody" (reasonably believe they are not free to go) and (2) they must be subject to interrogation (questions designed to elicit an incriminating respo... Continue reading

Tags: Advisement of rights Miranda warnings dismiss case

Be sure to know what traffic ticket points you have to avoid suspensions

By David B. Harrison
Category: Traffic Violations

In Colorado if a person over 21 is convicted of traffic violations totaling 12 or more points within a 12 month period, or 18 or more points within a 24 month time period, the person's license gets suspended for up to a year due to points accumulation.  So if you receive a traffic tickets, be sure to get your driving record showing prior po... Continue reading

Tags: traffic tickets points suspension driver's license traffic points driving

Be careful with marijuana grows

By David B. Harrison
Category: General

Despite marijuana being legal to possess in Colorado for people over 21, there are limits on the amount that can be grown by an individudal.  The state law limits the number of plants one can grow on their own (although there is some issue as to what constitutes a single plant). However, be aware that local governemnts often set their own l... Continue reading

Tags: marijuana MJ drug marijuana grow local ordinances

Many Officers now have Body Cameras or Dash Cameras - This often helps the defense

By David B. Harrison
Category: General

Many police agencies are now equipping their officers with body worn cameras or dash cameras in their patrol vehicles.   For the dash cameras they can be turned on in one of three ways - manually when the officer wants to, when the car exceeds 55 miles per hour, or when the "emergency lights" are activated.  The cameras are on a c... Continue reading

Tags: DUI Criminal Law Body Worn Cameras Dash Cameras

An arrest does not mean a crime was committed - officers need better training!

By David B. Harrison
Category: General
Recently I have had a number of cases where clients were charged with crimes, one even arrested and jailed overnight, when no crime occurred. Fortunately we were able to convince the prosecutor of that and they dismissed the cases. In one case, client was arrested for "Unlawful Sexual Contact" for kissing another person on the neck. This clearly do... Continue reading

DUI requires "actual physical control"

By David B. Harrison
Category: DUI/DWAI
In order for a prosecutor to prove a DUI case against a person in Colorado, the prosecutor has to prove that the person was in "actual physical control" of the vehicle.  That is the definition of "driving" in Colorado. Certainly moving the vehicle down the road will prove this, but if a person is just sitting in the car, it gets more complicat... Continue reading
Tags: DUI drunk driving driving

To Qualify as a Domestic Violence Offense the act must be for a specific purpose

By David B. Harrison
Category: Domestic Violence
Domestic violence offenses fall into two categories. One category is an offense that includes violence or a threat of violence - so assaults and physical harassment offenses.  The other category is non-assaultive offenses - like "interfering with phone usage", criminal mischief, phone harassment, false imprisonment, etc.  For those types... Continue reading

Domestic Violence charge requires a specifically defined relationship between the parties

By David B. Harrison
Category: Domestic Violence

In Colorado, for an offense to be classified as a "domestic violence" offense, the alleged victim has to be one that the person charged with an offense was in an "intimate relationship" with. That "intimate relationship" is defined as a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the p... Continue reading

DMV Can make you prove you are fit to drive

By David B. Harrison
Category: Traffic Violations
There is a rule allowing DMV to require you to submit a medical clearance from a doctor, and / or eye doctro, stating you are able to drive. The request for this review can occur after an accident, and most often occurs to elderly drivers.  Continue reading
Tags: DMV license criminal driving

You do NOT have to talk to the police

By David B. Harrison
Category: General

If you are contacted by a police officer who wants to talk to you about some event you may have been involved in or been a witness to, you are NOT required to speak to them. You can politely say that you do not want to make any statement and they must not force you to talk. If you are arrested, or about to be arrested, you also do not need to ma... Continue reading

Tags: criminal interrogation police

Travel to Canada with a DUI

By David B. Harrison
Category: DUI/DWAI

If you have a DUI conviction on your record, you likely will have trouble traveling to Canada. Canada’s Immigration and Refugee Protection Act says that individuals with criminal records are “inadmissible,” and will NOT be allowed to enter Canada. If the offense could be prosecuted as a felony in Canada the person is not allowed to enter Canada.... Continue reading

Civil Protection Orders - You can avoid them becoming permanent

By David B. Harrison
Category: Domestic Violence

If you are served with a “Temporary Protection Order” from an “ex”, be aware that it is possible to avoid that order being made permanent. The person who gets the protection order against you just has to say enough to the judge at the initial request hearing – without you present – to convince the Judge there may be an “imminent threat”. This is... Continue reading

Tags: Domestic Violence Temporary Protection Order Permanent Protection Order

Charged with Careless Driving Resulting in Injury or Death?

By David B. Harrison
Category: Traffic Violations

Many people each year are charged with Careless Driving Resulting in Injury or Death.  While this offense seems to be a simple “traffic offense” many complex issues can arise in such cases. The basis of the charge is whether a person was driving in a “careless and imprudent manner, without due regard to” the layout of the roadway and things... Continue reading

Tags: careless driving traffic violations

DUI - Breath or Blood must be taken within two hours

By David B. Harrison
Category: DUI/DWAI

The Colorado Courts have recently confirmed that a chemical test must be completed within two hours of the last driving for the Colorado DMV to be able to use it to revoke a driver’s license under the Express Consent Law.  It is not that the test process must be started within two hours but that the process must be completed (breath sample... Continue reading

Tags: DUI DWAI Breath Test Blood Test

Domestic Violence Treatment in Colorado

By David B. Harrison
Category: Domestic Violence

The treatment required for a person convicted of domestic violence in Colorado is based on assessing a persons “risk and needs” and then assigning them to one of three risk levels. The Treatment requires attendance at a group meeting (gender specific – i.e. men’s group, women’s group, etc.) once per week for people in the lowest risk category, o... Continue reading

Tags: domestic violence treatment convicted of domestic violence

Requested to Talk to Police Officer?

By David B. Harrison
Category: General

You should know that you do not have to talk to a police officer just because the officer asks you to. Depending on the situation, a person can provide new evidence or add to the evidence police have against them (without knowing they are doing so) by saying things the person thinks don’t matter or are unimportant – or things they think “prove”... Continue reading

Tags: police questioning evidence
Comments
Category Name

We’re Here To Help
Individual Attention  |  Quality Representations

Call Us 303.449.2830

Call Us 303.449.2830

Dave@millerandharrison.com
Bob@millerandharrison.com

 

Miller & Harrison LLC
305 Broadway  |  Boulder, Colorado 80304

Tel. 303-449-2830  |  Fax. 303-449-2198

click here for directions

We’re Here To Help

Individual Attention

Quality Representations

Call Us 303.449.2830

Dave@millerandharrison.com
Bob@millerandharrison.com

 

Miller & Harrison LLC
305 Broadway  |  Boulder, Colorado 80304

Tel. 303-449-2830  |  Fax. 303-449-2198

click here for directions