Denver Colorado Criminal Defense Attorneys
Fife, Mangnall & Mossinghoff, PC
The Complaint
A complaint is a legal document alleging that you violated a criminal statute. It must state your name, a brief description of the offense charged, a statutory citation of the offense, including the date and approximate location of the offense charged. You should consult an attorney to determine the validity of the complaint filed against you.
The Summons
The summons requires you to appear in court to answer the complaint. It requires you to appear in court on a date and time certain to answer the charges contained in the complaint. If a summons is not valid, a good attorney will usually seek to have the case dismissed without prejudice. You should consult an attorney to determine the validity of your summons.
Arraignment
A county court arraignment is the date that the judge or magistrate must advise you of your rights as a person accused of a crime. Often, at an arraignment, your attorney may wish to speak with the prosecuting attorney about a plea bargain.
Pre-Trial Conference
After you enter a not guilty plea, a pretrial conference is a date that you or your attorney may wish to speak with the prosecuting attorney about a plea bargain. If no plea bargain is reached at the pretrial conference, defense attorneys, prosecutors and judges will often discuss and set dates for motions to be filed and heard, rules for trial and the date of the trial.
Plea Bargain
A plea bargain is a deal where the prosecutor offers you a lesser charge or a sentence concession in exchange for you waiving your Constitutional rights, including your right to trial. When you enter a guilty plea, you are giving evidence against yourself. Giving evidence against yourself is something you never have to do in America. The United States Constitution protects all of us from being compelled to give evidence against ourselves. Therefore, if you are going to enter into a plea bargain and give evidence against yourself, make sure that your plea is in your best legal interest. A good attorney will do this for you.
Right to a "Speedy Trial"
Unless you waive your right to a speedy trial, you have a right to a trial within six (6) months of your "not guilty" plea. There are very few exceptions to this Constitutional right and our Colorado Supreme Court jealously guards this right for all of us. In other words, if your case is not brought to trial within six (6) months of your "not guilty" plea, the Constitution, the rules of criminal procedure and Colorado Statute require that the judge dismiss all charges.
Motions Hearing
Among other things, a motions hearing is a date when you can contest the admissibility of the prosecution's evidence. Evidence can be excluded from a trial if it was obtained in violation of the Constitution, if it was not properly disclosed to you prior to the trial or if it is scientifically unreliable. A good defense attorney will always seek to limit the admissibility of illegal or unreliable evidence.
Trial
Any person accused of a DUI or any other crime is entitled to a trial, either to a judge or a jury of his/her peers. Remember, you are presumed innocent. You do not have to prove your innocence. Our Constitution places the burden of proof on the prosecutor to prove your guilt. You never have to prove your innocence. You do not have to call witnesses or testify.
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My Rights as an Accused
Every person accused of a crime is presumed innocent and has a right to:
- A public trial, either to a judge or a jury
- An attorney and right to a court-appointed attorney if you cannot afford one
- Remain silent
- Cross examine your accusers
- Testify if you want to
- To compel witnesses to testify on your behalf
- The right to appeal a conviction to a higher court
Should I enter into a plea bargain?
If it is in your interest, a good defense attorney will try to reach a plea bargain. In a plea bargain, you waive your Constitutional rights, including your right to a trial. You should enter into a plea bargain only after you understand all of your defenses, after you have discussed the matter thoroughly with your attorney and only after you determine that it is in your legal interest. A good attorney will make sure that a plea bargain is in your interest. If it is not, they will take your case to trial. Prosecutors want you to waive your rights. It may not be in your interest to plea bargain your case. It is often in your interest to go to trial. Remember, the prosecutor is not your attorney. Prosecutors represent the government, not you. Getting your legal advice from a prosecutor is like O.J. Simpson getting his legal advice from Marcia Clark. Don't do it. You should consult a defense attorney to determine whether it is in your interest to enter into a plea bargain or if you should pursue your Constitutional rights and to contest the State's evidence and/or go to trial.
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