Friday, October 31, 2014

The Silent Treatment: On (Not) Talking To Police - Sean McAllister Offered Insight To This

The Silent Treatment: On (Not) Talking To Police

BY CHRIS NESI ON OCTOBER 30, 2014LAW & POLITICSMARIJUANA LAWS
Whether you’re carrying anything illegal or not, flashing police lights in your rear-view sets the heart racing and adrenaline pumping for even the most unflappable among us. How the next few minutes unfold will be determined by a host of factors, many within your control.
A big part of not getting arrested comes down to little more than common sense; If you’re swerving all over the road smoking a blunt with four friends in the car at midnight, you might as well paint “arrest me, please” on your rear windshield.
The Fourth Amendment to the U.S. Constitution guarantees citizens protection against unreasonable searches and seizures of their person and effects without probable cause. This is the legal standard officers must meet in order for the state to get a conviction. But asserting these rights during the actual encounter won’t necessarily protect you in the moment.
“There’s the legal rules and then there’s the reality of the way police act,” Denver criminal attorney Sean McAllister said in an interview. “The bottom line is police pretty much do what they want.”
If an officer lights you up, put on your turn signal, turn off the radio and promptly but safely pull the car over to the right as far over as you can. Turn off the engine, roll down your window and place your hands at 10 and 2 on the steering wheel. Do not make sudden movements or reach for your identification until asked. These steps are intended to put the officer at ease as he or she approaches your vehicle. There are dangerous people out there, so subtle indications like these decrease the odds of the encounter escalating.
“If the officer says ‘get out of the car, I’m searching your car I have probable cause,’ whether they do or not is something the courts will determine later, but you certainly don’t want to interfere with them in any way at that point,” McAllister says.
You’re looking for a brief, frictionless transaction with the officer. Be sure your license and registration and insurance are current as required by law and be able to prove it. Lacking these documents will only prolong the encounter and give you a chance to say or do something incriminating. Be polite — “yes, officer”, “no, officer.” Keep your answers as brief as possible. Remember, arrested or not, you have the right to remain silent. Besides giving them identification and your vehicle registration, you’re not obligated to answer questions about where you’re going, where you’ve been, what your favorite color is or anything else they might ask.
“You have to give the officer your ID and proof of registration if requested,” McAllister said. “Beyond that you don’t have an obligation to do anything.”
McAllister even advises against taking roadside sobriety tests, and says despite what an officer might say there is no legal consequence for refusal. He noted that 30 percent of people who fail a roadside exam were actually sober. Taking the test can only harm you in court, giving the district attorney a much stronger case with which to convict you.
“Police will tell you if you don’t agree to one I’ll arrest you for DUI and kind of try to threaten you into taking the test, but your consent really needs to be voluntary;” McAllister said. “Admitting to marijuana use in the recent past would also not be very smart. I don’t tell people to lie, but you don’t have to say anything if the cop asks the last time you smoked marijuana.”
Some officers might try to buddy up to you, to convince you they’re on your side or promise they’ll put in a good word for you with the judge or prosecutor. Don’t take the bait. In a roadside pullover situation, the cops are not your advocates. Their job is to gather information that can be used to arrest and convict you, and some will use manipulative tactics to do it. If they haven’t searched your car yet on their own volition, they might be waiting for you to unwittingly admit to something that gives them legal permission to search.
“My personal opinion is, when you get to the point of ‘when’s the last time you smoked marijuana?’, ‘How often do you use marijuana?’ I would not answer any of those questions,” McAllister said. “You should never give them any incriminating evidence. Anything you do or say could be incriminating.”
If you are carrying contraband on the road, the more distance put between you and it the better. Do not put it in the glove compartment, as you’ll probably need to open it to retrieve identification documents. And don’t keep it in your pocket, as finding it during a “weapons pat-down” would certainly give the officer iron clad probable cause to search the rest of your vehicle and arrest you.
But be warned: keeping your stash in the trunk won’t necessarily protect you from the powerful nose of a drug-sniffing dog. In the 2005 U.S. Supreme Court case Illinois v. Caballes, the high court ruled 6-2 that dogs could be used at the scene of a roadside pullover without probable cause on the grounds the dogs were being used to find something illegal. The ruling, however, does not give an officer the right to indefinitely detain you while a dog can be retrieved, according to FlexYourRights, a nonprofit civil liberties advocate group.
If you feel an officer might be detaining you without cause, just ask, McAllister says.
“Ask ‘Am I being detained? Am I under arrest? Am I free to go?’ “, He said. “If they say you’re free to go then you leave, but if not, it means you’re being detained. That’s when you might want to assert your right not to say anything else.”
The vast majority of roadside pullovers end without incident, and the vast majority of police officers are hard working men and women trying to do right by their community. But it’s the outlying scenarios that require the most preparation, especially when your freedom is on the line.

--
Mikayla Hellwich
Law Enforcement Against Prohibition
Media Relations Associate
240-461-3066

Thursday, October 30, 2014

Marijuana Charges Denver

Facing marijuana charges in Denver? Drug charges of any kind are serious offences and should not be taken lightly. McAllister Law Office is the leading law firm specializing in marijuana legal issues within Denver. Despite changes in legislation regarding the legalization of marijuana, the laws are still strongly enforced upon those who do not comply with new regulations. Our team has over 24 years of experience and a strong history of successful cases representing those fighting Denver marijuana charges. For your best chances at leaving trouble with the law far behind you, contact our firm for a consultation as soon as possible.

We regularly defend the rights of all types of Denver citizens charged with marijuana misdemeanors. We have represented both patients and caregivers in cases involving medical marijuana. We also have experienced defending medical marijuana dispensary businesses in legal matters. You don’t need to let your marijuana charges define your life. Our team of marijuana defense lawyers has the drive and ability to make the difference in your future. For your best chance at reduced penalties, avoiding jail time and having the freedom to move on with your life, contact us today to talk directly with a legal representative. 

Tuesday, October 28, 2014

Dui Attorney Breckenridge

Are you in search of an expert DUI attorney in Breckenridge to fight your case? At McAllister Law Office, you can find a wide variety of legal services and supports. We offer specialized assistance in DUI and DWAI cases, drug charges and we are a full service business law firm for the marijuana industry. With over 14 years of experience and an excellent track record of courtroom success, you can trust us to handle your case with the care, tact and professionalism you expect. Our Breckenridge DUI attorneys are fully versed in the administrative processes of a DUI case. 

Once you receive a DUI, you have just 10 days to request an administrative hearing for a temporary driver’s license, or you will not have the option to continue driving. As a time sensitive process with a number of different steps leading up to the hearing, your DUI attorney needs to be experienced, organized and efficient. McAllister Law Office is capable of handling your case with ease and minimal stress. A DUI charge can be extremely stressful, both because of the complicated processes involved and the prospect of losing your license, and going to jail or on probation. With a capable and practiced DUI attorney, all of these worries will be a thing of the past.

Saturday, October 25, 2014

Drug Possession Charges Colorado

Drug possession charges in Colorado can be handled quickly and discreetly by our experienced drug defense lawyers at McAllister Law Office. With over 14 years of experience and a special focus on drug defense, there is no better team to have on your side when facing drug possession charges this year. Our law firm of fully qualified and capable lawyers is a registered member of the Colorado Bar Association and the Colorado Criminal Defense Bar. We regularly represent citizens from every walk of life that have been unfortunate enough to receive charges of drug possession or distribution. We understand that these criminal charges can have a big impact on your professional and personal life, and cause stress to your family.

Whether you are a first time offender or have a string of past charges, we will give your case the attention to detail and dedication it deserves. We have successfully won cases for citizens charged with possession of drugs in Colorado including marijuana, heroin, ecstasy, cocaine, methamphetamine and prescription pills. For the peace of mind and confidence you need during your trial, make sure you have an expert by your side. McAllister Law Office can help you get your life back on the right track starting today. Call us to schedule a consultation.

Wednesday, October 22, 2014

MED forms for change of employees/managers

Friends,

Just a reminder that all changes of employees/managers need to be sent to the MED within 10 days of the change. Attached are the appropriate forms that you email to the MED and you also need to update this info in Metrics/MITs. Thanks to my friend Sue Harank and her consulting firm for sending these forms along as right now the MED has taken down their website with most of the forms. Sue is another great option for compliance consulting. She can be reached at Sue Harank, President, MRM Systems, 303.475.1946, sue@mrmsystems.com,www.mrmsystems.com


Contact me is you have any legal questions.

Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
Offices in Denver and Summit County

Tuesday, October 21, 2014

CDPHE in 1366 recommendations proposes BANNING ALL EDIBLES other than 10mg lozenges

All,

Attached is a summary of a proposal from CDPHE that will be introduced in the legislature this year to basically ban all but a few edibles. The industry will need to ban together to fight this bad idea. Contact me if you have any questions. Here’s another link to a story on the issue:





Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
Offices in Denver and Summit County

Drug Charges Colorado

McAllister Law Office works to defend your rights and create a positive outcome for our clients. With plenty of experience dealing with drug charges in Colorado, you can depend on us to fight your case with confidence and knowledge. We offer a host of legal services ranging from corporate legal advice to criminal defense and assistance in civil issues. When you are facing Colorado drug charges, you need a defense lawyer well versed in the most recent amendments and changes to state regulations on drugs. Our team specializes in marijuana issues and other drug related charges.

From federal drug charges to first time offenders, we represent all Colorado citizens. We understand that criminal drug charges can have a big impact on your home life and career. Our top lawyers will share their knowledge and experience with clients and support them through each stage of the case. With a good investigation, a strong 4thamendment defense and an aggressive stance in the courtroom, our drug attorneys will give your future the best chance of success. Do not hesitate to contact our team for more information or to schedule a consultation. You can visit us online or in our office at 36 Steele Street, Suite 200, Denver, Colorado. 

Monday, October 20, 2014

Summary of New Packaging, Labeling, Potency Rules For Edible Marijuana Products

Friends,

Attached is a summary from our friends at iComply(http://icomplycannabis.com/) regarding the new MIP packaging, labeling, and testing rules coming on line at the end of this month. I have recommended
many of my clients to iComply and have never heard a complaint. Pleasereview these carefully. One thing we have done for our MIP clients is draft indemnity agreements reduce the risk of people suing them for improper use
of edibles/concentrates. Contact us if you have any questions.



https://drive.google.com/file/d/0B697fkCLLKMGOF83b3pXUXhOTmM/view?usp=sharing

Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
(Em) sean@mcallisterlawoffice.com
www.mcallisterlawoffice.com
Offices in Denver and Summit County

Proposed Caregiver bill from the Marijuana Revenue Interim Committee

Friends,

Attached is the new proposed bill to limit caregiver rights, including limiting caregivers to 6 plants max and creating more criminal and other penalties for failure to register as a caregiver with MED/DOR -  including losing your rights to be a caregiver. I believe the proposed 6 plant limit is clearly unconstitutional. Contact me if you have any questions. FYI,




Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
Offices in Denver and Summit County



Here is the DORA sunset review of the medical marijuana law.


Here is the DORA sunset review of the medical marijuana law.


As you may know, when the Colorado Legislature enacted HB1284 in 2010, they built in a sunset review provision. Few people expect the program to be cancelled completely by the Legislature next year, but it is possible. More likely are attempts to crack down on caregivers, make caregivers register as businesses, possible crack downs on extended plant counts and/or the dr/patient relationship. Please consider participating in the legislative process next year if this is important to you. Thanks,

Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
Offices in Denver and Summit County

Friday, October 17, 2014

Denver Criminal Lawyer

When in need of a Denver criminal lawyer, you need it to be the best. McAllister Law Office has been providing the people of Denver with confident and capable legal representation for the past 14 years. When you put your trust in one of our criminal defense lawyers, you can be sure that your case will be handled with the expertise and discretion necessary. Our licensed attorneys have a wealth of experience inside and outside of the courtroom. We are dedicated to providing you with the knowledge, advice and support you need through every stage of your criminal proceedings.

Your Denver criminal lawyer will work closely with you to build a defense strategy and increase your chances of a successful outcome for your future. Whether your priority is your career, reputation, family or personal freedom, at McAllister law Office we arm you with the tools you need to get the results you want. All criminal charges should be taken seriously and dealt with in a timely manner. If you are facing charges, it is time you talked to a criminal lawyer in Denver with the intelligence and aggressive stance in court to lead you to freedom. For more information, or to discuss your case confidentially with an expert, contact us today.


Tuesday, October 14, 2014

Denver Criminal Attorney

The Denver criminal attorneys found at McAllister Law Office have the know-how and experience gained over decades of experience. We have successfully represented thousands of people facing many different criminal charges. We can handle everything from domestic violence and DUIs to serious felonies including murder and sexual assault. When choosing a Denver criminal attorney you want a professional with the experience and results guaranteed to drastically improve your chances of a positive outcome.

We understand that anyone facing criminal charges will be experiencing a high degree of stress and despair. Our team of dedicated criminal attorneys is well equipped to lead you through this process with confidence. With the support offered by a successful defense attorney, you will go to court prepared, calm and positive. We work closely with clients to build a solid defense strategy based on careful and meticulous research.

We deliver exceptional service and results for an affordable cost.  Our Denver attorneys offer strength, intelligence and aggression in their representation of each client. For criminal defense with an edge, choose the Denver criminal attorneys. You can avoid jail time, community service, high fines and losing your reputation and job with the help of a qualified and experienced criminal lawyer. Call today to schedule your consultation. 

Saturday, October 11, 2014

Criminal Lawyer Denver

The right Denver criminal lawyer can be the difference between a future of freedom and a future of regrets. McAllister Law Office is the number one source for highly experienced and reputable lawyers capable of providing expert legal assistance for all types of cases. When you need the help of a reliable criminal lawyer, there is no better place to turn. Our team can offer a sharp and steadfast defense strategy for our clients, irrespective of the class or severity of their charges. With over 14 years of experience behind us, you can be sure that the support you receive has been tried and tested.

The success rate of our Denver criminal lawyers in reducing sentences is one of the main reasons for their popularity. Whether you are a repeat offender with previous jail time served, or somebody with a completely clean record, the assistance of our law specialists can completely turn around your case and your future. As specialists in drug charges and specifically marijuana issues, we are particularly capable of handling cases involving medical marijuana patients and dispensaries. Choose a Denver criminal lawyer with the power to change your outcomes. Contact us today to schedule your personal consultation.

Thursday, October 9, 2014

Criminal Attorney Denver

There is one criminal attorney in Denver with the expertise to help you in your case this year. Sean T. McAllister has over 14 years of experience operating as a criminal defense lawyer specializing in drug charges and medical marijuana issues. As the founder of McAllister Law Office and a member of both the Colorado Criminal Defense bar and the Colorado Bar Association, Mr. McAllister is qualified criminal attorney capable of handling a number of different types of cases. From white collar crime and DUI charges to family court matters and all types of drug charges, we have the background and experience to give top legal advice to all Colorado citizens.

Currently based in Denver, we are expanding to serve clients throughout the state of Colorado. When you are looking for legal representation by a criminal attorney you need to ensure your lawyer has the confidence to defend your rights with practiced knowledge and aggression. Our team, led by Mr McAllister will ensure that you receive the time and attention needed to support you throughout the legal proceedings. With an excellent track record, we have successfully reduced the prison sentences, community service time and fines received by our clients. When you need a Denver criminal attorney, do not hesitate to contact McAllister Law Office for all your legal needs. 

Monday, October 6, 2014

Criminal Law Firm Denver

With experience on their side, McAllister Law Office is the first choice criminal law firm in Denver for all of your legal needs. From business matters and family court issues to criminal charges, our team has the expertise to give you the help you need. We make it our business to successfully defend the rights of all clients facing criminal charges. As a criminal law firm with 14 years of experience working in Denver, we are very familiar with both the state and local laws. You can depend on our criminal lawyers to provide well-researched and accurate legal advice for your personal or business issues.

For a Denver criminal law firm specializing in marijuana laws, there is no better experts. Whether you are a medical marijuana patient, a caregiver, a dispensary owner or a medical health professional, you are in a vulnerable position and have a risk of being charged with illegal marijuana possession or distribution charges. Your best chance of a positive outcome starts with a strong defense lawyer from a reputable criminal law firm. Any marijuana charges made against you involving regulatory compliance or civil litigation can be handled quickly and discreetly by our dedicated marijuana lawyers. Contact us today to schedule an appointment.