General

If you have been arrested, normally you won't have to stay in jail while you are awaiting to appear in Court. A Judge sets a bond, sometimes called Bail. You may either post the bond amount in cash or you may hire a bail bondsman. The bail bondsman normally charges a fee of approximately 10-15% of the bond amount and they might require a co-signer or collateral. You may also be released from jail on your promise to return on the date and time specified. To receive a PR Bond you must prove to the Court that you are a reliable citizen with a good standing in the community.

The Court considers many factors in setting the amount of bail, including circumstances of the arrest, the severity of the crime and its penalty or punishment range, the likelihood of flight, and prior criminal record of the accused, if any. If you are a first offender, you will usually be released on bail unless you are charged with a serious felony, or if the Court feels that you pose a threat to another person. Repeat offenders who have committed crimes while on probation, or out on parole are sometimes denied bail. Under the Constitution, the amount of bail cannot be excessive or arbitrary.

The bail procedure varies from county to county. It is best to consult an attorney prior to posting bail as you may be eligible to post a cash bond with the Court and have substantial money over posting bail with a Bondsman. And, if you fail to appear in court, or jump bail, this money is forfeited and you are then subject to re-arrest and a more severe sentence if convicted.

Remember, if you are arrested, consult an experienced criminal defense lawyer immediately. You owe it to yourself to find an attorney who really knows the law. Experience in criminal law is what you need when you or someone you care about is accused of a crime.

KNOW YOUR RIGHTS

Generally, a police officer will arrest you if he or she sees you commit, or try to commit a crime. An officer can also arrest you if a felony or certain types of misdemeanors have been committed, and he has a reason to believe that you did it, even though he was not actually present. And it is a crime to resist an officer who legally arrests you. If you are arrested, your best protection is to know your legal rights. First, if the police intend to question you, they must inform you of these legal rights at the time of your arrest, such as your right to remain silent, your right to an attorney, even if you can't afford one, and your right to have an attorney present during your questioning.

However, in cases involving public safety considerations, the reading of your rights may be waived. The police must also give you the opportunity to call a friend, relative, or attorney. Remember, you have the right to an attorney and you do not have to say anything until you have consulted with one. You also have the right to know the charges against you and the right to a prompt hearing. And if you are held for trial, you have the right to have a reasonable bail set except for certain major crimes, or at the discretion of the court. But most importantly, if you are arrested, consult an experienced criminal lawyer immediately to ensure that your legal rights will be protected. Are you in legal trouble? You owe it to yourself to find an attorney who really knows the law.

CRIMINAL APPEALS

"It ain't over till it's over." Appeals and "Rule 35" motions can sometimes provide significant relief even after a conviction and harsh sentence. Experienced and aggressive appellate representation may be able to get you a new trial or to get a conviction overturned. Time lines are tight, so the sooner you start, the more advantageous the chances. Even if your appeal was denied, you may still be able to get relief from a conviction. Not all attorneys are experienced with appeals. Call now to hear from an expert.

DO I NEED A LAWYER?

Hiring the right lawyer promptly makes a huge difference in criminal cases. An attorney is an important investment in protecting your rights. Of course, you need a lawyer if you plan to try your case. But even if you do not plan on taking your case to trial you still need an experienced criminal defense lawyer help you:

Lower your bond/bail; Tell your side of the story; Negotiate for a favorable plea/sentence; Protect your rights; Inform you of all your options.

If you have been arrested, selecting a lawyer is one of your most important tasks. It can be made easier if you follow these do's and don'ts:

DON'T shop for price: Often, you "get what you pay for." Fees should not be the only basis for choosing a lawyer. The lowest priced lawyer is not necessarily the best.

DO choose a lawyer with extensive trial experience: Whether your case is headed for trial or a plea, you need a lawyer who knows how to try a case. Only a lawyer who has successfully tried many cases like yours knows the strengths and weaknesses of your case and has the credibility to negotiate the "best" deal for you.

DO be wary of the lawyer that practices in many areas: Lawyers who dabble in criminal may not have the time or experience to make the substantial commitment that specializing requires.

DON'T hire a lawyer that won't answer your questions or can't explain your options to you in terms you understand. To sum up, seek assistance of counsel in your matter: Your liberty is at stake.

FELONIES & MISDEMEANORS: THE COURT PROCESS

Crimes are categorized by seriousness as felonies or misdemeanors.

A felony conviction can cost you rights, including owning a gun or voting, or your right to work in certain professions. Felonies may also subject you to prison sentences. There are six classes of felonies in Colorado.

Felonies do not usually resolve quickly. Typically, there are at least many court appearances, even without trial. Before charges are filed, you will have an "Advisement" hearing where you are told the actual charges. The preliminary hearing or dispositional hearing, depending on the nature of the charges, is your second court date (app. 30 days later) and is when your lawyer discusses the case with the prosecutor. The burden of proof is very low at preliminary hearings. Following the preliminary hearing or the dispositional hearing, an arraignment date is set in District Court at which you will enter a plea bargain or plead "Not Guilty" and set trial and motions dates.

In Colorado, trial must be within six months of arraignment. Federal cases have shorter "speedy trial" dates, unless declared "complex."

If you plead guilty, or are convicted at trial, sentencing will occur in approximately eight weeks. At sentencing, you will have the opportunity to present facts through your lawyer that favor you. He will argue for as little a sentence as possible. The DA will present their arguments in favor of a longer sentence. The judge decides.

PLEA BARGAINS

Settling a criminal case is usually called a plea bargain. The factors that enter into a prosecutor's decision to make a "plea bargain offer" include the strength or weakness of the evidence, how awful or minimal the facts appear, the prior record of the accused, and the potential of bad publicity or public criticism. An experienced criminal lawyer understands the power of all these factors and can give the client a good assessment of what plea offer to expect.

Federal Sentencing Guidelines and stiffer State Court sentencing enhancements make both plea bargaining and going to jury trial more difficult and riskier propositions. Many times the client is put into a situation where if they don't take the plea, they face many years in prison. This current state of affairs makes it even more important to analyze and make the decision to attempt settlement early in the case.

SEXUAL CHARGES

If you are accused of a sex crime, you need an experienced criminal defense lawyer who routinely handles many such cases because: (1) the risks are great (including lifetime supervision, therapy, or life in prison, registration with the police as an offender); and (2) the law is highly specific.

Preparation, investigation, and the judicious use of expert witnesses are all important strategies your lawyer must be prepared to negotiate from a position of strength. He must be armed with information favorable to you and must uncover information that damages the accuser's credibility. Finally, he must know how to try a case, and must know how to win!

Retain a highly qualified lawyer, preferably before you are charged.

DRUG CASES

When you are in trouble you need the advice of a lawyer who knows the criminal justice system. Knowing the system gives the lawyer the edge in knowing what is likely to happen in your case and how to prepare the best defense. Some substances have been listed by the legislature as being controlled substances. In law, they are described as controlled substance in that they are unlawful to have without a medical prescription and maybe not even then. These include most medicines, if they are not prescribed to you, and all "street drugs", marijuana, cocaine, heroin, and speed, just to name a few. Possession or delivery of any usable quantity of these substances can bring a jail term from six months to life depending on how they are classified as to their degree of danger. Small quantities of marijuana are viewed less seriously than large quantities of cocaine, for example. Since most illegal substances are found only after a search, there may be a question of whether the proper legal procedure was followed in order to conduct the search. This is a complex legal and factual question involving knowledge of the law, the Constitution and the facts of the case. You owe it to yourself to find an attorney well versed in the Rules of Evidence, Colorado or Federal criminal procedure, and applicable law. Experience in criminal cases is the most important factor in choosing a criminal defense lawyer. There is just NO substitute for experience in representing citizens accused of criminal conduct.

DOMESTIC VIOLENCE

Domestic Violence (DV) is not a charge. It is an umbrella category for many charges. Generally, if you are accused of physically assaulting or threatening a spouse or lover, you can expect a domestic violence label.

DV cases carry serious penalties. Beyond possible jail sentence, mandatory classes, and at least a night in jail with no bond, there are collateral consequences to a conviction of DV, including loss of the right to carry a firearm.

As with all crimes, you should consult with an experienced lawyer if charged with DV crimes.

DUI

When you are in trouble, you need a lawyer who knows the criminal justice system. One of the most common crimes committed is Driving Under The Influence. Intoxication does not necessary mean by alcohol. It can mean other substances both illegal and prescribed medications. It is important to know what to do if you are charged with Driving Under the Influence, DUI.

Generally, if you are stopped and the police officer believes that you may be intoxicated you will be asked to perform a number of road side test, including giving a breath sample. If the police officer believes you to be impaired due to alcohol or some other substance you will be arrested for DUI. Once arrested a video is usually made of you upon being booked into jail and you are asked numerous questions.

Because a DUI may be classified as a misdemeanor or a felony, depending on past convictions, it is very important that you consult with an attorney. There are many factors that maybe considered in charging someone with a DUI. An experienced lawyer well versed in criminal law is what you need most when you are someone you care about is charged with DUI, or any other criminal crime.

FEDERAL CASES