The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.
In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.
Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.
A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.
This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.
An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.
A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.
A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.
After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.
At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.
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No one wants to wake up to an uncertain future that can mean jail time or worse. Don’t roll the dice and hope for the best. Ensure your rights are protected and get the best defense possible. Call us today. We can help.
In Colorado, if police have probable cause to believe that a domestic violence crime took place, an arrest is mandatory. If you are facing charges, you already have enough to worry about. Reach out. We're here to help.
No one really wants to deal with a speeding ticket or traffic offense. A Colorado traffic lawyer can appear in court for you and often get charges reduced or even dismissed. Call us today to get a free evaluation.
If you have been arrested for DUI in the Colorado Springs area, your license will be automatically suspended if you do not request an administrative hearing with the DMV. You only have seven days to act. Call us 24/7.
Felony charges can be very damaging to your future. These charges are penalized by long prison sentences, expensive fines, and countless other repercussions. We’ll help get you on the right path.
Even a small misdemeanor charge can have A LOT of consequences. It’s important that you take your case seriously… that’s what we’re here to do. Reach out to us anytime to get in touch with our team.
In Colorado, assault and battery charges can be classified as first, second, or third-degree assault. The higher the degree, the more serious the charges. Call us right away and get the help you need for your case.
Possession of a dangerous weapon can be a serious crime. Possession comes in many forms. You don’t even have to “physically” be in possession. No matter what your charges are, we have the experience necessary to help.
Shoplifting, burglary, identity theft, embezzlement, aggravated motor vehicle theft… the list goes on and the crime comes in many forms. The truth is, any theft conviction is bad news. Call us today. We are here to help.
The unlawful distribution, manufacturing, dispensing, or sale of drugs in Colorado is a serious offense that comes with serious consequences. If you are facing charges, don’t wait - reach out right away. We can help.
After HB 19-1263 went into effect, most drug possession crimes in Colorado are now considered a misdemeanor. The new law drastically changes the classification of many drug offenses, which may impact your case.