Often Asked Questions
Why didn't the officer read me my rights?
Officers only read you your rights when you are in custody and they wish to take a statement from you. If you gave a statement without being read your rights, you may have an issue with the evidence and how it may be used against you.
Do I have to go to trial?
No. In most cases, the prosecutor will offer some type of plea bargain. Whether you take the plea bargain is always your decision. A lawyer can help negotiate the best plea bargain and negotiate terms of the plea.
Do I have to take the plea bargain?
No. If you didn't do the crime, don't plead guilty. You are presumed innocent and that presumption remains with you until the prosecutor proves you guilty beyond a reasonable doubt to a jury.
What is a motions hearing?
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.
What can a lawyer do for me?
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. A lawyer helps you with these decisions.
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.
