Facing criminal charges can be a daunting experience, especially if it’s the first time you’ve been involved with law enforcement. The Colorado Springs criminal defense attorneys at Peakstone Law Group, LLC (formerly Patterson Weaver Law, LLC) can guide you through this ordeal.
Here are 10 questions to ask a criminal defense lawyer before you hire them:
What are my next steps after a criminal arrest?
Once arrested, the police will read you your rights and take you into custody. They will search you and take an inventory of what they find. You will appear for arraignment, where the judge may release you and set a trial date. All accused individuals have a right to bond unless the arrest is for murder or certain other violent crimes.
What are my rights in Colorado?
Your rights include:
- The right to an attorney>
- The right to remain silent
- If you remain silent, the judge or jury can’t hold it against you
- The choice between a bench trial (in which the judge decides) or a jury trial
- The right to subpoena witnesses and cross-examine the prosecutor’s witnesses
- The presumption of innocence until proven guilty
- The right to appeal your verdict to a higher court
What should I do if the police investigate me for a crime in Colorado Springs?
Contact a criminal defense attorney immediately. Only answer questions after you receive legal advice.
What is the difference between a case being dismissed or sealed?
Sealing charges wipes the record of the offense or arrest. Dismissed charges are those dropped by the prosecutor. They remain a matter of public record, although you can ask the judge to seal the record for a nominal fee.
What is the difference between state and federal criminal cases?
Generally, state cases involve allegations of state law violations and are prosecuted in state courts. Federal cases involve allegations of U.S. law violations or violations that cross state lines and are prosecuted in federal courts. Each court has different sentencing guidelines and procedures.
There’s a warrant for my arrest. What should I do?
Contact a criminal defense attorney, then turn yourself in. Talk to a bonding agent to make arrangements for release.
Should I hire an attorney if I plan on pleading guilty?
Yes. You still need to protect your rights, even at sentencing. A defense attorney offers plea bargaining skills that may reduce your sentence.
What should I do if I violated my parole or probation?
Contact a criminal defense attorney. You may avoid harsh penalties if an attorney helps you explain the circumstances and reassure the court you will not do so again.
What is the difference between a felony and a misdemeanor?
Felonies are more serious offenses that carry a sentence of at least one year in prison. Misdemeanors are less severe and have a maximum sentence of 364 days in county jail.
Do I have to talk to the police while being arrested in Colorado Springs?
No. Consult with an attorney before saying anything to the police.
How Do I Know If I’m Under Criminal Investigation?
Law enforcement officers and prosecutors rarely tell people when they become suspects in criminal investigations, as they don’t want a suspect fleeing the jurisdiction or hiding or destroying evidence. That said, there are certain telltale signs you might be under criminal investigation, including the following:
- You receive unsolicited phone calls or visits from investigators.
- Police arrest or question your family, friends, or acquaintances.
- You receive unusual messages or connection requests on social media.
- Investigators subpoena you, your business, or your financial institutions for records.
- You notice people or vehicles surveilling your house or business or following you in public.
What Are the Different Types of Criminal Charges?
In Colorado, the law classifies criminal charges as petty offenses, misdemeanors, and felonies based on severity. Petty offenses represent the least severe crimes, with misdemeanors including more serious crimes and felonies including the most severe ones. Drug crimes in Colorado may also fall into the categories of drug petty offenses, drug misdemeanors, and drug felonies, which have unique sentencing ranges based on the type and quantity of drugs involved in the offense.
What Should I Do If I’m Arrested?
If police arrest you, you can best protect your interests by exercising your legal rights in criminal cases to remain silent and consult a criminal defense lawyer. You do not have to answer the police’s questions about your charges or other alleged criminal activity. Furthermore, a criminal defense attorney can help you make decisions that preserve your rights and legal options.
3How Can a Criminal Defense Attorney Help Me?
A criminal charges defense attorney is critical to seeking a favorable resolution to your case. First, a criminal defense attorney from Peakstone Law Group can independently investigate the charges to obtain evidence that may prove helpful to your defense. Our attorneys can also explain your charges and the potential outcomes to prepare you for what to expect in the criminal justice process. A lawyer from our law firm can evaluate the facts and evidence to identify effective case strategies to contest your charges, such as raising factual and legal defenses or challenging the admissibility or sufficiency of the prosecution’s evidence. If necessary, our criminal defense attorneys can advocate at trial to assert your innocence and raise reasonable doubts about the sufficiency of the prosecution’s case.
What Are Common Defense Strategies in Criminal Cases?
Depending on the charges you face, you may have various factual and legal defenses you might raise to challenge the prosecution’s case against you. Common defenses in criminal cases include:
- Lack of intent
- Consent
- Mistake of fact
- Insufficiency of evidence
- Necessity
- Entrapment
- Duress
Defense strategies can also challenge the admissibility or reliability of the prosecution’s evidence or witnesses. For example, a defendant may seek to exclude prosecution evidence that police obtained an unlawful search. Defendants can also challenge the credibility of prosecution witnesses by highlighting their motivations to give testimony favorable to the prosecution, such as receiving a favorable plea deal.
How Serious Are the Penalties for Criminal Charges?
Under Colorado law, the potential penalties imposed for a criminal conviction depend on the grading of the offense. For example, Colorado has six classes of felony crimes, each with a designated sentencing range based on whether the offense involved an extraordinary risk of harm or a crime of violence. Class 6 felonies, the least serious offenses, have a basic sentencing range of 12 to 18 months in prison and a $1,000 to $100,000 fine. Class 1 felonies, the most severe crimes, carry a mandatory life sentence.
Contact Our Colorado Springs Criminal Defense Lawyers for Legal Assistance 
At Peakstone Law Group, LLC, we know life happens, which is why we approach each criminal defense case without judgment. Don’t face these charges alone. Contact us today to get started on your defense.