The United States Supreme Court ruled June 17, 2010 that your employer may search your employer supplied computer or cell phone for text messages, even though the employee may pay some of the charges for non-work messages.

The Court held there was no expectation of privacy in private text messages sent on your company/employer supplied cell phone, even when the employee pays the costs of sending the text messages.

This case involved an undercover police officer who sent sexually graphic text messages unrelated to  his job. He paid the excess charges for the text messages. He was disciplined after his employer searched his phone.

The moral of this decision? If you have a company supplied computer or cell phone, your employer may searrch it without fear of running afoul of any constitutional protections.

Joe Kirwan -Watching out for your rights at Court Watch and Silverman Law Offices

The United States Supreme Court recently issued an opinion about your right to remain silent when questioned by the police. 

The decision is frankly horrible and practically overrules the 44 year old Miranda decision which protected the individual’s right to remain silent when police tried to coerce a statement from the citizen accused without advising of the right to remain silent.

The Court ruled that you must TELL THE POLICE THAT YOU WISH TO REMAIN SILENT!

Merely remaining silent is not enough to protect your constitutional right which was designed to avoid torture by the government police and then the use of a statement made as a result of that government coercion against you in court.

This is an incredibly bad decision and reminds all of us that you should NEVER EVER TALK TO THE POLICE WITHOUT A LAWYER!

Whether it is a DUI case or any criminal investigation you must now affirmatively tell the police; “I am exercising my right to remain silent, and I want a lawyer.”

Joe Kirwan, associate with Tom Silverman and expert criminal defense attorney in Glenwood Springs, Rifle, Aspen, Eagle, Carbondale, Meeker and surrounding area.

The Governor just proudly signed the new DUI law requiring mandatory jail.  So will this reduce DUI’s?

No.

This is a recurrent problem in this field.  The legislature passes criminal laws to make the punishment harsher with the expectation that harsher punishment reduces crime.

It doesn’t necessarily accomplish that purpose, in fact, you can find supportive studies on DUI sentencing that show that the more jail you give, the more likely the offender will repeat the crime.

An open letter to the People of the Town of Silt:

I have had the honor, privilege, and pleasure of serving the Town of Silt as the municipal judge for the last 25 years.  It has been the longest continuous term of office of any municipal judge in this region.

It was my goal, and, hopefully, one that I reached, to serve as the judge with fairness, competence, justice and compassion.

I am happy to state that during this last quarter century the municipal court has performed its services to the Town in an extraordinarily effective and judicious manner.  We have had no significant controversies, no appeals, successful or otherwise, and the vast majority of cases were settled appropriately and amicably with the aid of a series of competent prosecutors. I have had many compliments from residents of the Town of Silt on the manner in which I performed in that office and I have greatly appreciated these flattering comments and the support of the People of the Town of Silt and the municpal governments through these years.

I was extremely active in the Colorado Municipal Judges Association and, while serving the Town of Silt, also served a term as the President of the Colorado Municipal Judges Association.  This was nearly unique as the vast majority of Presidents of that association have come from large municipalities on the eastern slope of Colorado.

Thank you all for giving me the opportunity to serve as the Municipal Judge. It has been a wonderful experience for me personally and I take with me a pride in the work the court has done and, as a side benefit, some really funny stories!

I will not submit a response to the “Request for Proposal” for this upcoming term as I want to become more politically involved and focus on my private practice.

I want you to know that I have immense appreciation for the trust and opportunity you gave to me. I’m sure I will miss you all.

Thank you,

Tom Silverman

Please check back as current legal issues, local and federal will be discussed here!

How many times has there been a meaningful election for District Attorney (one in which both major parties had a candidate) in the 9th Judicial District (Garfield, Pitkin and Rio Blanco Counties) since 1980?

Answer: ONCE IN 30 YEARS!

Tom Silverman thinks that is a failure of democratic principles that does not serve the people of this 9th Judicial District well.