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Criminal Law FAQs
What is the difference between a felony, a misdemeanor, and a petty offense?
What can I expect if I have been charged with a criminal offense and am scheduled to appear in court?
How do I know what is the evidence against me?
When do I get to enter a plea?
What happens after I plead “not guilty?"
Do I have the right to a jury trial?
What is a plea agreement?
What is a deferred sentence?
Will I have a permanent criminal record?
What is the difference between a felony, a misdemeanor, and a petty offense?
In Colorado, criminal offenses are divided into felonies, misdemeanors, and petty offenses. The classification depends on the severity of the offense and the possible penalty that it carries. Each main category is broken up further into classes—the lower the class number the more serious the offense.
Felonies carry minimum penalties that include at least one year of incarceration. In turn, minimum jail sentences for misdemeanors do not exceed six months; however, the most serious misdemeanors are punishable with up to 18 months of incarceration. Finally, jail time for petty offenses does not exceed six months.
What can I expect if I have been charged with a criminal offense and am scheduled to appear in court?
If you have been summoned to appear in court on a charged offense, you must attend the scheduled hearing. If you fail to appear, the judge may issue a warrant for your arrest.
Criminal proceedings in District Court begin with what is called a first appearance. The purpose of this hearing is to inform you of your rights as a defendant. No plea is entered at this time.
You are also entitled to a preliminary hearing, which is meant to determine whether probable cause exists to believe that you committed the charged offense. A preliminary hearing is optional; either the defendant or the prosecutor may request it.
County and municipal court may follow a slightly different procedure. For instance, the judge may expect the defendant to enter a plea at the initial hearing. An experienced criminal defense attorney will be able to prepare a client thoroughly for any court appearance.
How do I know what is the evidence against me?
Discovery is the process which allows each side to examine the other’s evidence. Colorado criminal procedure requires the prosecution to make specific mandatory disclosures to the defense, which includes any police reports, witness statements, results of scientific tests, and expert opinions regarding the case. The defense may also request that the court order the prosecution to make additional, optional disclosures. For its part, the defense is obligated to provide certain information to the prosecution, e.g. the nature of defense or alibi, expert opinions about the case, and any medical or scientific reports to be used at trial.
An experienced criminal defense attorney is qualified to analyze and evaluate the evidence against the client and form an appropriate defense strategy. A defense strategy will include developing a theory of the case, filing pre-trial motions, conducting an independent examination and re-testing of the physical evidence, finding qualified expert witnesses to testify in your behalf, and gathering additional evidence to support the client’s innocence.
A good defense strategy serves multiple purposes. It is certainly indispensable in preparation for trial. However, it should also allow the defendant to take full advantage of any mistakes, irregularities, or rights violations on the part of the government. Moreover, proper tactics force the prosecutor to work hard each step of the way, encouraging him or her to dismiss the charges or settle the case on the defendant’s terms. It is important to keep in mind that trying the case is only an aspect of criminal defense, and one which can often be avoided with the help of a skilled attorney.
When do I get to enter a plea?
Following the preliminary proceedings in a case, District Court will hold an arraignment. The purpose of an arraignment is to inform the defendant of the charges against him or her. This is the hearing when the defendant is required to enter a plea to each charge.
Depending on the nature of the charges, the defendant may have to enter the plea in person. In cases where arraignment may take place in the defendant’s absence, the defense attorney may enter the plea on the client’s behalf.
In county and municipal court, the defendant may be expected to enter a plea at the first scheduled hearing.
What happens after I plead “not guilty?”
Following a “not guilty” plea, the court will allow time for discovery (exchange of evidence), the gathering of evidence, filing pre-trial motions (requesting, for instance, that the court vindicate the defendant’s rights violated by the government), trial preparation, and plea agreement negotiations. Many cases are resolved before trial as a result of the defense’s diligent efforts and aggressive advocacy on the client’s behalf.
If no resolution is reached, the case proceeds to pre-trial and trial. Pre-trial is meant to inform the court of the status of the case. The judge will take this opportunity to ascertain each side’s readiness for trial, making sure that all the necessary preparation has taken place. At this time, the judge may also rule on any outstanding pre-trial motions.
A criminal trial is the defense’s chance to present its case to a fact-finder, usually a jury, and argue the defendant’s innocence. A seasoned criminal defense attorney is well-versed in trial tactics and can maximize the client’s chances for a favorable verdict.
Do I have the right to a jury trial?
A criminal case will generally be tried to a jury; however, there is some variation depending on the charged offense. A defendant facing felony charges has the right to be tried by a jury of twelve. However, if the charged offense is a misdemeanor, the defendant is entitled to a jury of six. Finally, a defendant accused of a class 1 or 2 petty offense may have the case tried to a jury composed of three to six people, but he or she must make a timely request and pay the corresponding fee.
If the prosecution agrees, the defendant may also waive the right to a trial by jury. In that case, the judge would serve as the fact-finder and decide the case.
What is a plea agreement?
A plea agreement is an understanding between the defendant and the prosecutor regarding the resolution of a case. It is meant to serve as a compromise that is acceptable to both the defense and the prosecution, depending on the strengths and weaknesses of each position. A plea agreement allows both sides to avoid the uncertainty, delay, and expense associated with going to trial.
For instance, the prosecutor may agree to reduce the punishment or offer a deferred sentence in exchange for a guilty plea. As another possibility, the defendant may agree to plead guilty to a less serious offense, while the prosecutor will agree to dismiss the original charges. Since a guilty plea may operate in much the same way as a conviction, the defendant should be made aware of the possible negative ramifications of the plea agreement.
An experienced criminal defense attorney is invaluable in negotiating a plea agreement and ensuring that the outcome of the process is not one-sided. Familiarity with prosecutorial tactics is crucial in order to effectively represent the defendant’s interests and obtain the most advantageous resolution of the case.
What is a deferred sentence?
A plea agreement may involve a deferred sentence. A deferred sentence means that the defendant enters a guilty plea and waives his or her right to trial; however, the imposition of the sentence is postponed for a certain period of time, assuming that the defendant complies with the imposed conditions. Typical conditions include having no future criminal violations and, depending on the nature of the charges, completing a class on substance abuse, domestic violence, or anger management.
Upon the defendant’s successful compliance with the imposed conditions for the entire deferment period, the court will withdraw the guilty plea and dismiss the charges. However, the history of the case would still appear on the defendant’s criminal record.
Upon finding that the defendant failed to comply with the imposed conditions, the court will enter a conviction on the charges and impose a sentence. Since the defendant previously waived his or her right to trial, there would be no opportunity for further defense.
Will I have a permanent criminal record?
The process designed to protect criminal defendants from the lingering impact of a criminal record is called sealing. Given that criminal background checks are increasingly common for employment, education, housing, or security clearance purposes, many clients decide to seal their records when such an option is available. A sealed arrest or conviction will not show up when someone runs a criminal background check.
Sealing is not automatic. In fact, sealing is not part of the original case brought by the prosecution. It requires initiation of a new civil proceeding, which is accomplished by filing a petition to seal. Colorado has a statutory scheme that sets out all of the applicable standards and requirements. Whether the record of an arrest or conviction can be sealed depends on the type of offense charged. Long waiting periods apply to certain types of offenses, and some records may not be sealed. Moreover, the District Attorney’s Office may object to the sealing on statutory or public policy grounds. The assistance of an experienced criminal defense attorney will help to maximize your chances for a successful sealing.
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Anderson & Travis serves clients in the Colorado Springs area and throughout southern Colorado, including Manitou Springs, Monument, Palmer Lake, Castle Rock, Fountain, Security, Pueblo, Canon City, Falcon, Parker, Calhan, Peyton, Larkspur, Woodland Park, Cripple Creek, and Divide, as well as all cities within El Paso County, Teller County, Pueblo County, Freemont County, and Douglas County. We represent civilians as well as military personnel, including those at Fort Carson, Peterson Air Force Base, Cheyenne Mountain Air Station, Schriever Air Force Base, and the U.S. Air Force Academy (USAFA).
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