Criminal Law
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Motion to Suppress Eye Witness Identification
Motion to suppress an eye witness identification
Defendants Motion for Discovery of all Favorable Evidence
Basic Federal Motion for Discovery and inspection of all favorable evidence
Defendants motion to Strike Alias from Indictment
A basic Federal Motion to strike Defendant’s alias from indictment
Motion in limine to exclude priors and government 404B
A basic federal motion in limine used to exclude Defendants priors and Governments request for 404b
Motion for Funds to Retain the Assistance of Expert Witness
State court a motion for the state payment of an expert witness
Motion to Suppress Evidence due to Mistake of Law
Motion to Suppress Evidence Due to Mistake of Law.
Motion to Stike Defendant’s Name’s Designations of Non-Party At Fault
Motion to Stike Defendant’s Name’s Designations of Non-Party At Fault
Motion for Sanctions for Failure to Provide Discovery
Motion for Sanctions under discovery rules (Rule 16 in Colorado), for prosecution’s repeated failure to provide specific police reports as required. The case settled prior to litigating this issue, though the plea agreement was much better than it could have been largely because of this issue.
Motion to Dismiss for Lack of Jurisdiction
COMES NOW, Martinez Law Firm, LLC, behalf of Defendant, Marisa Aranda, and hereby submits this Motion to Dismiss for Lack of Jurisdiction by stating as follows:
1. On January 5, 2015, Defendant, Marisa Aranda was issued a Uniform Summons and Complaint or Penalty Assessment alleging driving under the influence, DUI per se, failure to present insurance and failure to obey a traffic signal. See attached Exhibit 1. In the Summons the officer states the offenses as alleged occurred in Arapahoe County, CO. The Colorado State Patrol Case Report also states the alleged offenses occurred in Arapahoe County, See attached Exhibit 2.
Entry of Appearance, Motion for Discovery, Waiver of Arraignment, Request for Pre-trial Conference
COMES NOW, Martinez Law Firm, LLC, who enters their appearance on behalf of Defendant, Marisa Aranda, and hereby waives arraignment/first appearance set for March 11, 2015, requests a pretrial conference with the Arapahoe County District Attorney at a mutually agreeable time, and requests an Order directing the prosecuting attorney to immediately provide discovery of the following material relevant to this case:
Motion to Suppress Warrantless Entry
DEFENDANT’S MOTION TO SUPPRESS and TO QUASH ARREST
Motion for Immunity CO Make My Day Law
DEFENDANT’S MOTION FOR IMMUNITY PURSUANT TO §18-1-704.5 C.R.S.
Order Motion to Suppress a Obscene Pornography Case
Order Motion to Suppress a Child Pornography Case
Nearly all child pornography convictions results in a jail sentence. The amount of jail will depend on a number of factors, including the nature of the material, the size of the collection, the duration of downloading and whether the accused distributed the child pornography.
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
There are officially two types of material considered child pornography, simulated, or digitally generated, and pornography produced with the direct involvement of the minor. With the production of child pornography other charges may be included, such as child abuse, and many other laws may come into play during the case.
Defining Child Pornography
Pictures of child pornography are not secure under First Amendment rights and are unlawful items under federal law. Though there are only two types of child pornography, those categories include several forms of material and media. Under federal law, any visual portrayals of sexually explicit behavior
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involving a minor are considered child pornography.
Visual illustrations containing child pornography are deemed illegal under federal law. These may include photographs, videos, digital downloads, images produced to depict an actual minor, undeveloped film and video and electronically stored data.
Sexual activity is not needed in the image to be considered pornography. The images may contain a nude picture of a child that is deemed sexually suggestive and be considered illegal. Child pornography under federal law is the disregard for age of consent for sexual activity in a given state. Some states consider age of consent to be younger than 18 years old, but when child pornography is concerned, any depiction of a minor under the age of 18 engaging in sexually explicit conduct is unlawful.
Motion to Reconsider Sentence – Criminal Defense Legal Document
Motion to request that the sentencing Judge reconsiders sentencing. This document does not appeal the verdict, only the sentencing.