Is This Legal?

Is This Legal?

Some dynamic duos solve crime, some commit crime, and some just like to talk about it. Get comfortable and let premier Denver criminal defense attorneys Russell Hebets and Colin McCallin break down legal issues for you in a lighthearted, easy-to-follow style. Whether you're looking for advice that might help you out of a jam, or you're interested in legal current events from around the country, or you just want to sound smart at a party, the guys at Is This Legal? have you covered.Credit to Jason Tohtz for his stellar sound engineering and epic original podcast compositions.

Episodes

November 11, 2021 58 min

This week's Is This Legal takes a trip to Kenosha, Wisconsin, to analyze the trial of Kyle Rittenhouse. Armed with an assault rifle, baby-faced teenager Kyle Rittenhouse took to the streets, answering a call to protect property. The night took a tragic turn as 2 men were killed and another wounded at the hands of Mr. Rittenhouse.  Russ and Colin break down Rittenhouse's case for self defense and give their best educated gue...

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Russ and Colin are back to discuss the tragic Ahmaud Arbery killing that spurred protests and outrage across the country. Is citizen's arrest a legal defense tactic? What evidence will be admissible at trial? Answers in this episode. Plus: A spicy round of "Is This Legal?" and our much-loved "Dumb Criminal of the Week."


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Here is the sequel you’ve been waiting for. The boys are back and bringing you the newest developments in the tragic Gabby Petito case. Russ and Colin discuss strangulation, domestic violence, and whether the Moab Police Department are to blame for Gabby Petito’s death. Plus, we put a loyal listener to the test and bring you another Dumb Criminal of the Week.

For anyone interested in helping bring some holiday cheer to children in n...

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The discovery of Gabby Petito's body recently in Wyoming, and her boyfriend Brian Laundrie's unusual behavior in the weeks after her disappearance, raise legal questions: could Laundrie's parents be liable for helping cover up a crime? What tactics will authorities use to draw out information in the case? Also features an intriguing Is This Legal? issue to consider and a rollicking new DCOTW (Dumb Criminal of the Week).

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Ooh boy, this one's a sizzler. First, the backstory: in episode 56, Colin and Russ discussed the widely-publicized assault on Karen Garner, an elderly woman with dementia, by officers of the Loveland Police Department in Colorado. In this episode, the guys are joined by Karen's attorney, Sarah Schielke, fresh off securing a three-million dollar settlement from the city of Loveland to recompense Karen for her hardship. Sarah...

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Here's one for all the true crime fans. Suzanne Morphew's disappearance has attracted a lot of media attention lately, and it's clear why: the story has a love triangle, mysterious circumstantial evidence, and plenty of room for juicy speculation. The case is now before a judge to decide whether there's probable cause to proceed to trial. What are the arguments the prosecution will use to advance the claim that Barr...

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The boys are back in town! After a little summer hiatus, Russ and Colin jump back on the mic to discuss a topic you've probably wondered about: why should we bother defending people who are obviously guilty? Why give them the chance to evade justice? Why should someone like Bill Cosby go free on a technicality, when he was already convicted in a court of law by a jury of his peers?  To help answer these questions, our intrepid ...

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Chrissy Teigen's past social media activity has landed her in trouble recently. In 2014, the model and television personality directed unfavorable tweets at Courtney Stodden, including some that expressed a wish to see Stodden dead. Those tweets have now surfaced, and Teigen finds herself at the center of a renewed national conversation over cyberbullying. Colin and Russ use this incident as a starting point for the latest Is T...

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Ready for more tips? Russ and Colin keep the legal tips flowing with more advice on what to do and what not to do when you're dealing with the police. If you see someone getting hassled unfairly, are you allowed to record the interaction? When do you have to answer questions that the police inevitably ask, and will it get you arrested if you don't cooperate?  What about your Miranda rights?  What if they didn't read you...

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Get your notepads out! Episode 57 is overflowing with useful advice. In this one, Russ and Colin go over what to say and do, and more importantly what NOT to say and do, when you're dealing with the police in situations that come up in criminal defense all the time. When the cops stop you on the street and ask your name, what should you say? When they execute a traffic stop and ask if you know why you were pulled over, what sho...

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In this episode, Russ and Colin take you on a tour of the Karen Garner case out of Loveland, CO, using it as a launchpad for a discussion of resisting arrest in general. Does the law uphold the decision of Loveland PD officers to tackle this elderly woman over a minor shoplifting offense, injuring her in the process? Plus, fellow podcaster Joy Parrish stops by to reminisce about her lawbreaking days and play "Is This Legal?"...

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On April 20, 2021, former Minneapolis police officer Derek Chauvin was convicted of murdering George Floyd almost a full year before. Floyd’s death while he was restrained face-down on the street elicited nationwide protests, counter-protests, endless news coverage, and impassioned arguments from all sides on the nature of policing in America and the best way to bring law enforcement agencies into harmony with their host communitie...

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Taylor Swift called it: the haters gonna hate hate hate hate hate.  Episode 54 of Is This Legal? covers bias-motivated crime in America, from the history of and rationale for hate crime laws as we know them now, to the elements that make an offense go from merely illegal to legally hateful, including real world examples such as the Atlanta massage parlor shootings of this year.  With plenty of hypotheticals and thought experiments ...

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Sydney Powell, ex-lawyer to Donald Trump, made numerous statements in the aftermath of the 2020 election accusing Dominion Voting Systems of election crimes. Now, Powell finds herself on the wrong end of a defamation suit filed by Dominion. What defense will she put forward? What elements are required for a successful defamation suit? What's the difference between defamation, libel, and slander? These questions and more are on ...

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March 12, 2021 32 min

Calling all dog fans!  Denver attorneys Russell Hebets and Colin McCallin share their love of dogs in the latest lighthearted Is This Legal episode.  How are dogs treated under the law, how do dogs run afoul of the dreaded "dangerous animal" designation, and some of the all-time great dogs of pop culture are on the agenda.  Curl up with your favorite furry companion and enjoy!  For the full transcript, click here.

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February 26, 2021 38 min

One result of the Black Lives Matter protests of 2020 was a resurgence of public interest in Elijah McClain’s death several days after he was given an overdose of ketamine during police contact. In the push for criminal justice reform, McClain’s name has become shorthand for police misconduct and the damage it can do. In this episode of Is This Legal? Russ and Colin examine the detention and death of McClain, the subsequent interna...

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In the early 2000s, plucky entrepreneur Elizabeth Holmes dropped out of college and started a company called Theranos,  promising to revolutionize blood screenings for medical patients. By 2014, Theranos was valued at almost 10 billion dollars. Fast forward a few years, and Theranos is gone, while Elizabeth Holmes awaits trial later this year on multiple counts of wire fraud. What happened? Criminal defense attorneys Russell Hebets...

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January 29, 2021 33 min

Russ and Colin dig deep into the Is This Legal mailbag to answer the best and brightest legal questions from our listeners.  Topics covered include eating marijuana edibles out of state, criminal charges and gun rights, and the introduction of our brand now segment: Dumb Criminal of the Week!  Don't miss out, it's going to be a fun ride!

For the full transcript, click here.

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January 15, 2021 34 min

Colin and Russ break down the criminal charges and other fallout from the storming of the Capitol on January 6, 2021.  These charges will be investigated by the FBI in cooperation with other law enforcement groups such as the ATF and the Marshalls Office, and include a cavalcade of protesters turned rioters, some facing decades in federal prison.  They examine potential criminal charges of the insurrectionists as well as President ...

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Your favorite legal analysts from Hebets & McCallin discuss the cash bond reform craze that is sweeping the nation.  From Michigan prosecutor Eli Savit's move to eliminate cash bail, to California's failed bid to remove cash bonds in the most recent election, states are increasingly including bond reform in their general criminal justice reform agenda.  Bondsmen and bounty hunters are voicing their objections locally an...

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