Individuals charged with (or being investigated for) a crime need to be aware that any statement, comment, or even a gesture that they make, however seemingly innocent, can be used later in the criminal prosecution against them.  Even a person who explains exactly how something happened (their side of the story) who rightfully believes it to be true can dramatically hurt their case.  A person charged with a crime is under no obligation to make any statement.  Instead it is an important constitutional right to refrain from making a statement.  It is often tempting to believe that if only someone understood both sides of an altercation, situation, or possible crime, that the problem would disappear.  Unfortunately, it does not work that way.  Contrary to popular belief, law enforcement have an obligation to bring a suspected criminal action to the attention a the district attorney; they do not have an obligation to solve a crime.  Often, the only evidence against someone in a criminal prosecution is their very own statement that they gave believing it to be harmless.  See the discussion on the News Page regarding the use of pretext phone calls.

All individuals charged with a crime, with a few exceptions for some minor crimes that do not carry jail or prison sentences, are entitled to a competent and experienced attorney.  There is no certification process for attorneys and clients are advised to engage in independent investigation in selecting an attorney.  Some things to be considered in selecting an attorney for representation include, but are not limited to:

An attorney can provide confidential assistance, speak for a client without the conversation later being used again the client, and negotiate on behalf of the client.  Most importantly, an attorney through education, training, and experience can successfully represent an individual charged with a crime through all stages of the criminal justice process including trial, and if necessary, appeal.

Most cases do not go to trial.  Only about five percent (or less) of criminal cases end up going to trial (Blau, 1998 & 2002).  Most often, they are resolved through negotiation after police reports have been obtained and after a preliminary hearing in which the prosecution is required to prove by a preponderance of the evidence (more likely than not) that a crime has been committed.  Since so few cases go to trial, cases that are favorably resolved are a direct result, at least in large part, of the reputation of the lawyer, the experience of the lawyer, and the investigation and work done by the law firm.

 

Felony Defense

Felony crimes are the most serious criminal offenses and carry Department of Corrections (prison) penalties for those individuals convicted of having violated these statutes.  They include murder, assault including physical and sexual assault, many drug offenses, sexual misconduct, theft, robbery, and numerous other property crimes, and other prohibited criminal acts.

Misdemeanors

Misdemeanors are viewed as somewhat less serious criminal offenses than felonies, but are nevertheless serious crimes. Individuals convicted face less severe punishment such as jail terms compared to prison terms for felonies.  Misdemeanors include some drug charges, some forms of assault, domestic violence crimes, property crimes involving minimum loss of property, and numerous other prohibited criminal acts.

Representation for Colorado State University students

Colorado State University is a major land grant University located in Fort Collins, with an enrollment of over 25,000 students.  When a student is charged with a crime, such as theft, alcohol or drug offense, or sexual offense they often face University Disciplinary action as well.

Juveniles

Individuals that have not yet achieved adult status are usually treated differently than adults except for very serious offenses such as homicide.  Juveniles are afforded, because of their age and lack of maturity, special status in the criminal justice system.  The emphasis in juvenile court is more on treatment and less on punishment.

Driving while Under the Influence

Representation for Driving while Under the Influence (DUI) involves representation on the underlying criminal offense and a separate, but related, process involving the privilege to drive an automobile.  DUI is classified as a class one misdemeanor and can result in an imposition of jail term and the loss of a person's drivers license.

 

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Last modified: January 25, 2009