Colorado’s criminal justice process isn’t one that you’ll want to go through alone. Whether you’re currently under investigation or you’ve been charged with a crime already, it’s important to know what Colorado’s justice system process is, what your constitutional rights are and what steps to take after an arrest.
While every situation is different, after an arrest, the following can occur:
Throughout the entire process, you have constitutional rights, which the justice system must uphold at all times.
As a citizen of the United States, you have certain constitutional rights that protect you in various ways. These rights include the:
Your fourth amendment right protects you from unreasonable search and seizure. Police must have a warrant to come into your home or invade any personal property in most cases. Some exceptions do occur, but they must be backed by law and your criminal defense attorney will know whether they were done correctly or not. Law enforcement must have a probable cause for the warrant, and a judge must issue the warrant.
You have the “right to remain silent.” This right means that:
Silence cannot be used as an admission of guilt. Your fifth amendment rights also prohibit double jeopardy so that you cannot be prosecuted for the same offense more than once.
The fifth amendment also guarantees your right to due process, meaning that the government must honor your rights.
A vital amendment that requires the prosecution to be transparent during the trial. Government officials cannot secretly prosecute. You have a right to:
The eighth amendment protects you from “cruel and unusual punishment.” A jail or prison cannot use extreme or unusual punishment measures against you. Your eighth amendment also protects you from excessive bail based on the charges against you. Note: Bail isn’t a constitutional right.
In the face of criminal charges, it’s easy to feel overwhelmed, even if you know your rights. An attorney will serve as your advocate, fight to protect your rights, and build a strong defense for your case.
An experienced lawyer knows the criminal justice system inside and out. They understand how prosecutors work, and that will work in your favor. Your lawyer will help you in a number of ways, including:
The initial meeting with your lawyer will be focused primarily on gathering information. Your lawyer will ask questions and take down information. It is your job to be honest and to answer each question as thoroughly as possible.
Initially, your lawyer will ask for basic information, such as:
In addition to the basic information above, your lawyer will also want to know:
During your initial meeting, your lawyer will likely discuss the charges that you’re facing and potential resolutions. For example, if you are charged with a misdemeanor, your lawyer may discuss ways to reduce or eliminate the charges.
Your lawyer can and will share information with you and also gather any information from you that may strengthen your case. Your lawyer will review everything with you during the initial meeting and educate you on your legal rights and how to protect them.
You have a constitutional right to remain silent. Anything you say can and will be used against you. Your friends and family will be pressured to provide evidence against you and may even be subpoenaed. It’s best to not discuss your case with anyone but your lawyer.
Your conversations with your attorney are confidential, but this privilege doesn’t spread to a third party that may overhear what you tell your attorney. This includes family members who are in the room during your meeting with your lawyer. Communications from jail may be recorded, or other inmates may overhear you.
Searches and seizures may not be legal without a warrant being issued, but that is not always the case. It depends on the specific circumstances surrounding your case. You do not have to consent to a search — and you shouldn’t — but you will have to allow a search if a warrant exists. Search and seizures are serious, and your lawyer should be called immediately.
Your lawyer will allow you to ask any questions that you may have about the criminal justice process as well as how a conviction will impact you.
Frequently Asked Questions
No two criminal cases will proceed in exactly the same way, but in general, each case will follow the same basic structure. This structure will usually include the following steps:
In criminal cases in Colorado, the arraignment is the first court appearance. At this appearance, the defendant is given the details of the charges against them as well as the potential sentencing. At this time the defendant will enter their plea of guilty or not guilty and the judge will then set the details for future proceedings for the case.
For criminal cases, the state determines whether or not to prosecute (press charges). If they do decide to prosecute the defendant, then the victim will likely become a witness for the prosecution (they can even be forced to testify through a subpoena if the state finds it necessary). Whether or not the victim wants to press charges is not relevant to a criminal case. The state will have to listen if a victim says that they do not want charges pressed in a case, but it doesn’t mean the prosecutor will agree with them, or do as the victim asks. All victims in cases do have the right to be heard not only by the DA though, they have the right to be heard by the Judge as well.
