What To Expect From The Criminal Justice Process

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.

Colorado's Criminal Justice System: Following an Arrest

While every situation is different, after an arrest, the following can occur:

• Booking: You’ll be taken to the local police station where you’ll be booked. This includes identifying yourself, having your fingerprints and photograph taken, and answering basic questions. You may be held in jail until the court has a bond hearing.
• Investigation: An investigation may occur right after booking, which may include interrogation, writing samples, personal search, line-up, or even collect saliva or hair samples (only if a warrant is issued).
• Court appearance: You’ll be brought before a judge where the charges against you are reviewed and to determine if there’s cause to hold you or if bail will be granted. This appearance will occur within 48 hours or less of your arrest.
• Hearing: If your charges are high enough, a preliminary hearing will occur where the judge will determine if there was probable cause to charge you with that level of crime. In all levels of cases, at a court hearing, you may be able to enter a plea deal after your defense attorney negotiates on your behalf with the DA, or you’ll be able to plead guilty or not guilty. If you plead not guilty, a trial will commence.
• Discovery: A period where both your defense attorney and the prosecutor can share evidence and any requests are made. The state is required to provide your attorney with all the evidence they are trying to use against you, and your attorney can also request additional evidence at this time. Your attorney should also review this evidence with you and form a strategic plan for your defense.
• Trial: A jury will be selected, your lawyer will give an opening statement, and then your case will be heard.
• Sentencing: The best result is being found “not guilty” and you’re free from the criminal justice process. If guilty, a separate hearing is held, and your sentence will be determined by the judge.

Throughout the entire process, you have constitutional rights, which the justice system must uphold at all times.

Your Constitutional Rights in the Criminal Justice System

As a citizen of the United States, you have certain constitutional rights that protect you in various ways. These rights include the:

Fourth Amendment

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.

Fifth Amendment

You have the “right to remain silent.” This right means that:

• You aren’t required to testify against yourself
• You can refuse to answer questions

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.

Sixth Amendment

A vital amendment that requires the prosecution to be transparent during the trial. Government officials cannot secretly prosecute. You have a right to:

• Know the charges you’re facing
• A speedy trial
• Legal counsel
• Confront witnesses

Eighth Amendment

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.

Relationship With Your Criminal Defense Lawyer

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.

How a Colorado Criminal Defense Lawyer Can Help You

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:

• Gather evidence and investigate the charges against you.
• Build a strong defense for your case.
• Guide you through every step of the legal process.
• Advocate for you in court at trial.
• Communicate with your loved ones (with your permission).

What to Expect at Your First Meeting with Your Defense Lawyer

Your Lawyer Will Gather Information

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.

Immediate Information

Initially, your lawyer will ask for basic information, such as:

• You full name
• Your address (home and work)
• Phone numbers
• Email addresses
• Birthdate and birthplace
• Social Security number
• Your criminal record
• Education and work history
• Marital status
• Recent hospitalization
• Military service
• Medication or medical needs

Information to Help with Your Long-Term Defense

In addition to the basic information above, your lawyer will also want to know:

• The events that led to your arrest
• The circumstances of your arrest
• What happened immediately after you were taken into custody
• Witnesses and evidence

Information Related to Your Charges

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 Will Share Information With You

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.

Right to Remain Silent

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.

Attorney-Client Privilege

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.

Your Constitutional Rights / Searches and Seizures

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 Chance to Ask Questions

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.