How a Criminal Defense Attorney Can Protect Your Rights

Mon Sep 14th , by NoBull Marketing, on DUI Case Studies | Share

Nobody wants to get in trouble with the law, but sometimes it happens when you least expect it. Being arrested or questioned by police can be scary. You may not know what to do, but it is important to understand your legal rights because what you say or do can and will be used against you. 

Whether you are accused of a misdemeanor or felony, the outcome of a criminal case can affect your freedom, finances, career, and future opportunities. A criminal defense attorney can play an important role in protecting your legal rights and helping you understand the options available at every stage of the process. 

Protecting Your Constitutional Rights

Individuals accused of crimes have important rights under the U.S. Constitution and applicable state laws. These may include the right to remain silent, the right to legal counsel, and the right to a fair trial.

A criminal defense attorney can evaluate whether law enforcement officers and prosecutors followed the proper legal procedures. If evidence was obtained through an unlawful search, an improper interrogation, or another potential violation of the defendant’s rights, an attorney may be able to challenge whether that evidence can be used in court.

Protecting these rights often begins as soon as an investigation or arrest occurs. What a person says or does early in a criminal case can potentially affect the proceedings that follow.

Explaining the Charges and Possible Consequences

Criminal laws can be complicated, and the potential consequences of a conviction may vary depending on the specific charge and circumstances of the case.

A defense attorney can explain:

• The criminal charges being alleged
• The elements prosecutors may need to prove
• Potential defenses
• Possible penalties
• Available alternatives or negotiated resolutions
• The potential consequences of a conviction

Investigating the Case

A criminal defense attorney can independently evaluate the prosecution’s allegations and the evidence supporting them. This may involve reviewing police reports, witness statements, surveillance footage, forensic evidence, and other materials. An attorney may also identify weaknesses or inconsistencies in the prosecution’s case, locate additional witnesses, or consult with experts when appropriate.

The prosecution generally has the burden of proving criminal charges beyond a reasonable doubt. A defense attorney can examine whether the available evidence actually supports each element of the alleged offense.

Navigating the Colorado Criminal Process

A criminal case in Denver can move through several stages, and the decisions made at each stage can affect what happens later. After an arrest, an in-custody defendant generally must be brought before a court for bond setting as soon as practicable and, subject to limited exceptions, no later than 48 hours after arriving at a jail or holding facility. Colorado law provides for an individualized bond determination and allows the court to impose conditions of release. Depending on the circumstances, those conditions may include requirements beyond simply paying money to secure release. 

A defense attorney can advocate for appropriate bond conditions and help a defendant understand what is required while the case is pending. Violating release conditions or failing to appear in court can create additional legal problems, so understanding the terms of release is an important part of the defense process.

For certain felony cases, Colorado law also provides a right to a preliminary hearing. The purpose of a preliminary hearing is to determine whether probable cause exists to believe that the charged offense was committed by the defendant. The right is not automatic for every felony charge. Under C.R.S. § 16-5-301, it generally applies to defendants accused of Class 1, 2, or 3 felonies and certain drug felonies, while particular Class 4, 5, and 6 felonies qualify under specified circumstances, including certain mandatory-sentencing, crime-of-violence, sexual-offense, or custody situations. 

A defense attorney can also review the prosecution’s discovery and investigate whether the evidence actually supports the charges. Colorado Rule of Criminal Procedure 16 governs discovery and requires the prosecution to disclose specified information and materials relating to the case. This can include police and offense reports, witness information, and statements or other evidence covered by the rule. Reviewing this material can help the defense identify inconsistencies, evidentiary problems, potential constitutional issues, and weaknesses in the prosecution’s case. 

These procedural protections are one reason it can be important to speak with a Colorado criminal defense attorney early rather than waiting until trial. An attorney can evaluate the case as it develops, protect the defendant’s rights, address appropriate pretrial issues, and help determine whether negotiation, motion practice, or trial is the appropriate strategy based on the facts and applicable law.

FAQs

Q: Can a criminal defense attorney get my charges dismissed?

A: An attorney cannot guarantee that charges will be dismissed. However, a defense attorney can review the evidence, identify potential legal or procedural problems, and pursue appropriate motions or other strategies that could result in dismissal when supported by the circumstances.

Q: Does every criminal case go to trial?

A: No. Many criminal cases are resolved without a trial. Depending on the circumstances, a case may be dismissed, resolved through a plea agreement, or handled through another negotiated disposition. A defense attorney can help evaluate the available options.

Q: What happens if I am offered a plea agreement?

A: A defense attorney can review the proposed agreement and explain its potential benefits, disadvantages, and consequences. You should understand what rights you may give up by accepting a plea and what penalties or other consequences could result before making a decision.

Contact Us Today

People make mistakes, but your next steps are important. If you have been arrested for any type of crime, you need to act quickly. 

Your rights, your freedom, and your future are on the line. Choosing the right criminal defense attorney can make all the difference in the world. This is where a Denver criminal defense attorney from Geman Criminal Defense comes in. To schedule a consultation with our office, fill out the online form or call (719) 350-4145.