The Criminal Process
The criminal process is intimidating. There are many court dates, there are important opportunities to speak with the Prosecutor and there are important rights that you have and at some point may be asked to give up.
In felony matters, there are often several court dates before you even enter a plea. In the typical felony case you are told of the charges at advisement. You then have the right to a disposition hearing or preliminary hearing. You then have the case moved to District Court where you are arraigned of the charges. At that point you can enter a plea of guilty or you can enter a plea of not guilty. If a plea of not guilty is entered, the case is set for trial. Before the trial there is often times a motions hearing where evidentiary and Constitutional issues are addressed. Then there is a trial.
A motions hearing is a hearing held before trial. The defense often files motions to suppress evidence from being introduced at trial. The Court will suppress evidence when the police obtain the evidence in violation of your Constitutional rights. Evidentiary issues are heard prior to trial to determine what evidence will be heard by a jury. The prosecution files motions to see what evidence they are permitted to use against the Defendant. The prosecution may also file motions to add charges or to attempt to introduce evidence of other bad acts by the Defendant. The motions hearing is an opportunity to preview and cross examine testimony that will be offered at trial.
In the typical misdemeanor case, you are advised of the charges, you have a chance to speak with the District Attorney. If no plea bargain is reached, you then set the matter for a motions hearing and trial.
A lawyer negotiates on your behalf with the prosecuting attorney. If you are wrongly accused, the lawyer points out valid defenses to the charge and through investigation, evidence the prosecution has not considered in hopes the prosecution will dismiss the matter. If the prosecution refuses to dismiss the matter, then you proceed to trial. A careful analysis of the evidence against you as well as the evidence you can present at trial is very important in deciding whether to proceed to trial.
If you are guilty as charges, the lawyer can personalize your situation to the prosecutor by explaining mitigating circumstances. A prosecutor can often be convinced to lesson the charges and possible penalties.
Richard B. Huttner is an experienced, Denver criminal lawyer who handles misdemeanors and felony cases in Adams, Arapahoe Boulder, Broomfield, Denver Douglas and Jefferson Counties. He offers a free consultation and payment plans.
