COLORADO PRETRIAL PRACTICES
In partnership with the Colorado Criminal Defense Institute and the Colorado State Public Defender and supported by a grant from the Bureau of Justice Assistance, in September 2015 NACDL published The Colorado Bail Book: A Defense Practitioner's Guide to Adult Pretrial Release. The Manual is designed to be a resource to aid Colorado defenders in building upon the legislative reforms to the state's bail practices enacted as part of HB-1236, Best Practices in Bond Setting.
In 2018 NACDL Supplemented these materials with 2 video components: an overview of bail practices in Colorado and a panel discussion highlighting challenges and innovations for bail practices in rural communities.
In 2010 NACDL worked with the Colorado Criminal Defense Bar and the Colorado Criminal Justice Reform Coalition to overturn Colorado Revised Statute § 16-7-301(4) which required a defendant to meet with a prosecutor before being considered for appointment of counsel.
Under the statute, when charged with a misdemeanor, petty or traffic offense, an indigent defendant’s “application for appointment of counsel and the payment of the application fee shall be deferred until after the prosecuting attorney has spoken with the defendant.” The statute further required prosecuting attorney to “tell the defendant any offer that can be made based on the facts as known by the prosecuting attorney at that time” and permitted prosecutors to “engage in further plea discussions about the case,” all while the accused was without counsel. In fact, the statute placed the responsibility of advising the defendant they had “the right to . . . seek appointment of counsel” upon the prosecutor.
While the lawsuit challenging the statute as a violation of the Sixth and Fourteenth Amendments was pending in the US District Court (Colorado Criminal Defense Bar v. Hickenlooper), the Colorado legislature repealed the statute, eliminating the requirement an accused speak with the prosecutor before they are able to seek the appointment of counsel and appropriated $8 million dollars to hire additional public defenders to meet the increased workload.
Colorado Public Defense in The Champion
Bright Spots in Public Defense: The Colorado Office of the Alternate Defense Counsel: Supporting Indigent Defense Through a Statewide Conflict Counsel System, by Kevin Bishop, Darren Cantor, Stacie Colling, Lindy Frolich, and Jonathan Rosen, The Champion, Jan/Feb. 2019
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.