Hotchkiss, CO Criminal Defense Law Firms & Lawyers

Miranda rights are only necessary when police want to ask questions of a person in custody. If Miranda is required, then the only way a person can voluntarily and intelligently understand those rights and waive them is if the person is spoken to in a language they understand. If not, then the waiver is not valid and any statements should be suppressed.

Children have rights! They also have the right to remain silent, just like adults. Thus, no police officer can force them to answer questions that may incriminate them. In addition, officers may not force adults to order their children to make statements against their interest. Children should be informed that they may choose to ask for their parents and/or an Attorney to be present before the minor makes any statement. Get an experienced, Defense Attorney to evaluate any Juvenile Court case involving possible coerced statements to determine what course of action should be taken.

In 2000, Colorado voters passed a constitutional amendment providing an exception from the state's criminal laws for any patient (or a patient's primary caregiver) who is in lawful possession of a Colorado medical marijuana registry identification card to engage or assist in the medical use of marijuana. The State Board of Health provides application forms for persons seeking to be listed on the confidential registry of patients. Along with the application, the prospective user must supply written documentation from a physician stating that the patient has been diagnosed with a debilitating medical condition, and that in the physician's opinion, the patient might benefit from the medical use of marijuana. "Severe pain" qualifies as a debilitating medical condition. "Medical use" includes acquiring, possessing, producing, using and transporting of marijuana and paraphernalia related to a patient or caregiver's usage of marijuana to address the symptoms or effects of his or her medical condition. Those who obtain a medical marijuana registry card may possess no more than the amount of marijuana that is medically necessary to address their debilitating medical condition. The lawful limits in Colorado are: (I) No more than two ounces of a usable form of marijuana (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. If you are charged with possession of more than these amounts in state court, you can raise as a defense that a greater amount was medically necessary to address your debilitating medical condition. Keep in mind that even with a permit, you may not use marijuana, even for medical purposes, in plain view of, or in a place open to, the general public. Also, while Colorado has authorized the medical use of marijuana, including growing up to 6 plants, both possession and cultivation of marijuana remain a federal crime.