Mr. Marks has handled many Title III wiretap cases in both State and Federal Courts in Colorado and elsewhere.. Over the course of his practice as an attorney in wiretapping cases, many individuals have contacted Attorney Marks after they believe they have heard a “clicking” noises on their phones. In the vast majority of these cases, their concerns were not warranted. In order for the government to legally obtain wiretap or eavesdropping authorization, the government must first have conducted an extensive investigation that was at least partially unsuccessful. Due to the statutory requirements and financial resources necessary to conduct a lawful wiretap investigation it has been Mr. Marks’ experience that in advance of the commencement of a Title III investigation, the government must have a very substantial belief that there exists significant illegal activity being conducted, and that to a significant extent, have eluded normal and traditional forms of investigation.
Mr. Marks has defended numerous individuals and companies that have been TARGETS of government authorized wiretaps. In defense of his clients, he has utilized his knowledge and experience in successfully attacking the legality of the wiretap(s) sought and obtained by the government, and has successfully opposed the government’s attempts to use the fruits or evidence of the wiretaps against his clients.
On occasions, Mr. Marks has successfully established that the government’s wiretaps were obtained illegally thereby precluding the government from using evidence seized against his clients. As a Denver federal criminal defense attorney who represents clients with cases involving wiretapping, Mr. Marks has put forth arguments before the court resulting in the suppression of evidence and the dismissal of charges against his clients. Mr. Marks has over 40 years experience in trying cases in state and federal courts where he has put to the test the legality of Court Ordered and authorized Title III wiretaps.