Colorado Trial Process

This is a basic outline of what you can expect your Colorado criminal case process to look like. The process may differ by jurisdiction and the type of charge.

Charge

When you are charged with a crime you should receive charging documents, which will include a criminal complaint and a summons. These documents provide you with a list of charges along with references to the governing statutes that set out the elements of the crime. Elements usually take the form of bullet statements, such as:

- The Defendant
- on the date and place charged, did
- knowingly
- (this line would contain the act that constitutes a violation or crime)

The prosecution must be able to prove each of the elements for each charge beyond a reasonable doubt to get a conviction.

In addition to the charge itself, the charging documents should set out the time, date and place of the next required court appearance.

Arraignment

At the arraignment the person accused stands in front of the judge in court while the judge advises the accused of their rights to a trial, counsel, etc. Depending on jurisdiction, this may also be the point in which the accused is expected to enter a plea of not guilty. If the accused is in custody, this can be a good opportunity for an attorney to argue for a lowered bond.

Speedy Trial

The government usually has six months from the date of the not-guilty plea to try your case. In other words, if the prosecution is not ready to go to trial within six months of the not-guilty plea, the court is required to dismiss all charges. In practice, many cases take longer than six months to resolve because the defense can request extensions of that time period where needed to prepare a stronger defense. Call Denver Defense Attorney Vernon Ready to discuss how your right to a speedy trial could work to your advantage.

Pre-Trial Conference

The pre-trial conference is an opportunity for your attorney to negotiate with the prosecution and discuss any potential plea deal with you. Some courts allow several pre-trial conferences because the court system as a whole has an interest in avoiding the time and expense of a trial. However, a plea bargain may or may not be in the best interest of the accused.

Preliminary Hearing

In some felony cases the person accused has a right to a preliminary hearing, in which the government is required to put on enough evidence to show that there is probable cause to continue the case. These hearings are an excellent opportunity for a good attorney to test the prosecution’s evidence. However, some prosecutors will revoke any plea offers if the defense invokes this right. When faced with that decision, you need an attorney who can identify your best option based on the facts of your case.

This is the second part of a basic outline of what you can expect your Colorado criminal case process to look like. The process may differ by jurisdiction and the type of charge.

Motions Hearing

Attorneys submit motions to the court to keep out evidence that hurts their case or make sure evidence they want to introduce will be allowed. Motions can cover any topic, and are used as a way to get the court to act, or move, on a particular issue of concern for either side. The motions hearing is an opportunity for attorneys to argue the motions that have been submitted to the court ahead of trial with enough time remaining to build a trial strategy based on the outcome of the hearing.

Trial

If you are accused of a crime in Colorado, you have the right to a trial. That trial may be in front of a judge or a jury. It is almost always preferable to have a jury. Some charges do not grant a jury trial unless you specifically ask for one early in your case. In some cases the accused may even have to pay a fee to get a jury. That is another reason it is important to act early in your case to preserve all of your rights.

Remember, the prosecution must prove every element charged at trial. The defense has no obligation to prove anything. As a Colorado criminal defense lawyer, I have experience explaining that concept to jurors, and preventing the prosecution from shifting that burden.

Should I Take A Plea Deal?

Almost every person accused by the government wrestles with this question at some point in a criminal case. A good criminal defense attorney knows the facts of your case, the applicable law, and understands your goals before they ever start negotiating with the prosecutors. Everyone who has been accused of a crime deserves an attorney who is always ready to go to trial and fight for the win, and one who knows when they have managed to work out an offer that is in their client’s best interests.

Whether to accept a plea offer is always your decision. No attorney can make that call for you. However, an effective criminal defense attorney will work hard to tailor the standard offer from a prosecutor into something that fits your goals and your life wherever that is possible. Once I’ve worked out an offer for a client, I take my time with them to ensure they are aware of all the possible consequences of giving up their right to a trial. You need an attorney who is comfortable taking the fight to the jury, confident in their ability to give your case its best defense, and knowledgeable of when the benefits of a plea offer outweigh the risks of a trial. Finally, you deserve an attorney who will take the time to communicate the risks and benefits to you in plain english.

Call my office for a free initial consultation so we can get moving on your best defense.