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Davis Law Offices, P.C. provides representation to persons who are accused of crimes, under investigation by law enforcement, or who are seeking to appeal criminal convictions. We handle criminal matters ranging from minor offenses to the most serious felonies and are experienced in the representation of persons charged with offenses including:

Many people come into contact with the Criminal Justice System. Prior to being arrested, or charged with a crime, many of these same people would have sworn that they would never need a criminal defense attorney. A moment's anger, too much to drink, a bad decision, or a misunderstanding may be all it takes. Others find themselves backed into a corner financially or emotionally, and make a bad decision that at the time seems the only choice available. For others, it may be the result of a physical or mental condition, a compulsion or addiction, or due to the conduct of a family member.

For others, sadly, they may have done nothing wrong, but find themselves the victim of misidentification, or misleading circumstantial evidence. Perhaps the most frightening circumstance occurs when one is accused of a crime due to another's malice or ill will, or a police officer's overzealousness, or a prosecutor's political ambitions.

The criminal justice system is, by its very nature, an adversary process. It is supposed to be them against you and it can be a tremendous mistake to believe that you can rely on the police or prosecutor to protect you, once they suspect or believe you are a "criminal".

In all of these situations, an experienced criminal defense attorney can help those who are under investigation or accused. Below are some "pointers' that may help, but if you are concerned about a criminal matter, talk to a lawyer before "working with" the police or prosecution.

If the police are investigating you, they may ask you to give a statement. You may feel that this is your chance to tell your side of the story. The police may even try to convince you that this is true. Often, this is not the situation. The police are often simply trying to build a case against you, and are not interested in "your side". Any statement you make that the police and prosecution find helpful to them may be used by them against you, and they can simply ignore what they don't want to believe.

Even "innocent" people may make statements that hurt them. For example, the police may intend to charge you with a crime but have little evidence. Your simple admission that you were in a particular area, or that you drive a certain car, or that you know someone, can easily be treated as an "admission" of a crucial fact. The prosecutor may ignore your denial that you committed the crime but use your "admission" against you at trial.

• Help you decide whether to talk to the police;

• Prevent the police from talking to you;

• Be present when you talk to the police, and;

• Guide you through this situation.

The police can arrest you only if they have probable cause to believe you have committed the crime. Unfortunately, probable cause is a very low standard. You can be arrested and held in jail while the police investigate you. Depending upon the circumstances, the police in Colorado have several options if they want to charge you with a crime or hold you while they complete their investigation:

• They can simply arrest you;

• If they believe you are not a flight risk, they may submit your case to the prosecutor who in turn will authorize you to be served with a summons ordering you to come to court, or seek a warrant for your arrest and come to arrest you or ask you to voluntarily surrender yourself at the police station.

If you are facing arrest, you should consider hiring an attorney before the arrest. A criminal defense attorney can help you arrange the voluntary surrender, may be able to get the bail bond reduced and may be able to get you extra time before the surrender.

If you receive a summons, you should consider hiring an attorney before your court appearance.

In Colorado, as in most states criminal charges are broken down into two major groups-felonies and misdemeanors. A crime for which the punishment may include a sentence to the state prison is a felony. A crime that is punishable by a fine and/or a jail sentence, but not prison, is a misdemeanor. In Colorado, misdemeanors can carry sentences of up to two years in jail, or, in very limited circumstances, up to four years in jail. Prison sentences can range from as little as six months to as much as life in prison without parole.

Sentences can be imposed for each separate charge brought against an accused. There may be several charges in any given case. For example, it is entirely possible to receive a sentence to county jail that exceeds the limits set out above if you are ultimately convicted of more than one charge or "count" in a single case.

In addition to the two major categories described above, there are other types of offenses, including petty offenses, traffic infractions, and municipal charges. These can carry sentences of up to one year in jail and, in some cases, the punishment is limited to monetary fines.

Legal concepts that are part of the criminal justice system include:

All persons accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means that it is the responsibility of the prosecution to convince the jury of the defendant's guilt, and not the obligation of the accused to prove his or her innocence. The prosecution must prove guilt "beyond a reasonable doubt."

All persons accused of misdemeanors and felonies are entitled to a jury trial. For some lesser charges, you may not be entitled to a jury trial or may only have a jury trial if you specifically request one and pay a "jury fee."

If you did what they are accusing you of, why would you go to trial or hire an attorney? All crimes require both a physical act and a certain mental state. Simply doing the act you are accused of may not make you guilty. Also, under our legal system, the government is only entitled to convict and punish you if they can prove your guilt.

Everyone has the right to require the government to prove the charges they bring, and if the government cannot prove the charges, the accused is entitled to go free.

Additionally, the prosecution often accuses people of crimes that are more serious than are warranted by the facts. Even if you did "something" wrong, you may not deserve the level of charge the prosecution has brought against you.

An attorney can help you decide if the prosecution can prove their case and if you should go to trial. An attorney should be able to tell you if you have been appropriately charged, what a fair plea bargain should include, what sentence you might face if you are convicted, if there are any defenses to the charges and whether your rights were violated.

Even where a case does not proceed to trial, an attorney should be able to help you understand what a fair resolution of your case would be, negotiate with the prosecution for you, and help to present your side of things to the judge at sentencing.

How can a defendant win at trial if it's his word against someone else's?
Because a defendant does not have to prove his or her innocence, and because the "burden" of proving the case is upon the prosecution, a defendant can win without testifying or calling witnesses. Many times the defense presents its side in a criminal case solely by cross-examining the prosecution witnesses. Defendants often go to trial without having anyone testify for them.

See Also:

• Criminal Defense

• Employment Law

• Civil Rights

• Business Disputes & Civil Litigation

• Personal Injury & Torts