Tobias Consulting: Weekly Criminal Defense Investigation Insights and Updates

Week of January 22, 2024

Welcome to Our Weekly Update!

As a leading criminal defense investigation firm in California, Colorado, and Utah, we're committed to keeping you informed about the latest developments in our field. This week, we're excited to share some important case updates and legal updates.

Spotlight on Success

TCI was recently hired by a city worker accused of causing a fatal accident due to Careless Driving on City property. The stakes were high, with our client's career and freedom at risk.

Our investigators dove deep into the case, uncovering crucial evidence. They found that the real problem wasn't our client's actions but rather the City's failure to provide adequate safety measures at the property.

Impact:

• The insights from our investigation were pivotal in the trial. They directly led to a not guilty verdict against our client, affirming their innocence.
• This case highlighted the significant role that effective criminal defense investigation plays in ensuring justice.

This victory reaffirms our belief in the power of expert criminal defense investigation. It's a vital tool in protecting our clients' rights and achieving fair outcomes in complex legal cases.

Industry News

Colorado's police accountability law, specifically the Police Integrity Transparency, and Accountability Act (Senate Bill 217), has brought significant changes to law enforcement practices in the state. Here are some key elements of the legislation:

1. Qualified Immunity: SB217 effectively ended the doctrine of qualified immunity for state court actions against police officers. It created a specific cause of action against individual police officers for violations of rights established in the Colorado Constitution. Officers found to have acted in bad faith are liable for part of the judgment, up to a cap of $25,000, with their employer (or its insurer) responsible for the rest.
2. Use of Force: The law has raised the standard for the use of deadly force by police officers. Officers can now only use deadly force if they face an imminent threat of danger and there is a substantial risk that the suspect will hurt others. Officers are also prohibited from using deadly physical force against suspects of minor or nonviolent offenses. Furthermore, SB217 banned chokeholds and carotid holds, and set strict rules for the use of tear gas and less-lethal projectiles during civil protests.
3. Duty to Intervene: Police officers who witness misconduct by another officer have a legal duty to intervene and prevent or stop excessive use of force. Failure to do so can result in criminal liability, disciplinary actions, and permanent decertification.
4. Body-Worn Cameras: The law mandates statewide use of body-worn cameras for police officers interacting with the public, except in undercover operations. Officers must activate these cameras during service calls or interactions initiated with the public. Failure to do so, or tampering with the footage, can lead to disciplinary action and affect the admissibility of evidence in court.

The impact of these changes on criminal defense investigations is multifaceted:

• Increased Accountability: With the removal of qualified immunity and the introduction of the duty to intervene, police officers are more accountable for their actions. This could lead to more thorough and transparent investigations.
• Evidence Collection: The mandated use of body-worn cameras can provide valuable evidence in criminal cases, potentially leading to more accurate and fair outcomes.
• Use of Force Scrutiny: The stricter standards for the use of force could lead to more investigations into police conduct, potentially affecting how defense attorneys approach cases involving allegations of excessive force.
• Insurance and Liability Concerns: The financial implications for municipalities and their insurers might affect how police departments operate, including their approach to investigations and training.

Please share your thoughts on this, we'd like to hear them.

A Word from Our Founder

I want to extend my heartfelt thanks to our attorney clients for their unwavering trust and collaboration. Your dedication and expertise in the legal field inspire us every day.

We remain committed to providing exceptional support for all your cases, ensuring that you have the necessary resources and expertise at your disposal.

Thank you once again for your continued support.

Contact Us

720-805-9166 | steve@tobiasinvestigations.com | www.tobiasinvestigations.com

This newsletter is for informational purposes only and does not constitute legal advice.

? 2024 Tobias Consulting & Investigations, LLC, All rights reserved.

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