What Does an Experienced Colorado Criminal Defense Lawyer Actually do for You?

There will always be a time when a person is charged with a Colorado crime wonders whether it makes financial sense to retain a good lawyer to help defend those charges. This article looks at the reasoning process that should be used to make that important decision.

When you are accused of a Colorado crime you may take solace in the constitutional protections that apply to you. “Innocent until proven guilty,” has little meaning when you are pitted against an experienced, state-funded District Attorney with nearly unlimited resources.

Colorado criminal Defendants are accorded constitutional rights that should guarantee they are treated fairly and given an opportunity to present their case. The problem is this, without a lawyer to enforce those rights, they are useless unless there is a professional who can these rights work for that Defendant.

The Colorado criminal justice system primarily consists of:

• The Trial Judge
• The Fact finder (usually the Jury)
• The District Attorney Prosecutor
• The Defense Lawyer

If you do NOT have a lawyer on your side, you are at a clear disadvantage one important piece of the formula for justice is missing.

This is particularly true at Trial a Judge or Jury hearing only cogent and persuasive arguments from one side and not the other will tend to favor that side. It is simple. The power of the state has nearly absolute authority over every single civilian. While the burden of proof on the state of Colorado places safeguards to prevent an abuse of the state’s power the role of the lawyer is to enforce those rights in the criminal justice system.

Among the many rights that are found within the laws of Colorado to control the abuse of the state’s power are those related to the investigation and the arrest of the Defendant and those that ensure that all of the evidence is accurate and that the right person is charged with a crime.

You should make the decision to retain a criminal defense lawyer as early as possible in a criminal case. If a criminal lawyer is retained early in the early stages of a case many things can be learned that may no longer possible later in the case as it progresses the Colorado criminal justice system

The criminal justice system may make you feel hopeless. DA’s, police, and even Judges at times may suggest that it would so much “simpler” if you do NOT retain a lawyer and that the case against you is overwhelming and that you have no chance.

Do not believe them.

At the very least a Colorado criminal defense lawyer will act to immediately preserve evidence in your favor, will make certain the investigation was thorough and accurate and will help you understand the case by reviewing the evidence with you.

YOU are the best reason to hire an experienced, knowledgeable Colorado Criminal Defense Lawyer.

If you retain an experienced Colorado criminal defense lawyer that lawyer should bring to bear a substantial skill set that should equate to competent and effective representation both inside and outside the courtroom.

Outside the courtroom, the lawyer should be a good negotiator, a good investigator, and a good counselor.The lawyer must have ears that listen to their clients to help understand the client’s point of view and fears. A Defendant needs information and guidance above all else to help them prepare to deal with all of the stressful aspects of a person accused of a crime in Colorado.

It comes as a surprise to many that over 90% of all Colorado criminal cases are resolved not by trial but by settlements called plea bargains. Great negotiation skills then, are just as important as the trial skills listed below.

District attorneys and criminal defense attorneys are uniquely involved in what is for the accused Defendants, a “high-stakes negotiation”that determines the future of the person standing at the podium in the courtroom.

Experienced Colorado criminal defense lawyers provide for their clients an objective perspective of the client’s situation. They provide the first explanation about what is about to happen and provide a necessary “reality check”at a time when reality is absolutely necessary.

This is a time for honesty and for clarity and includes advice on whether the client should or should not accept a “plea bargain” a prosecutor may offer to settle a case.

Colorado Disrict Attorney’s have almost unfettered authority called “prosecutorial discretion” on how they will adjudicate a case. That discretion includes what charges to file. Criminal defense lawyers can sometimes intervene and negotiate what those charges will be during the investigation stage of a case before those charges are filed.

If the decision to charge a case cannot be stopped, a criminal defense lawyer may influence the nature of the charges to be filed and can help to set up the terms of surrender on a warrant, the nature and amount of bail, or to seek a summons from the State in lieu of an arrest warrant and avoid the bail issue altogether.

A successful “plea bargain” can reduce the potential charges or ultimate sentence or lead to agreements called stipulations that unrepresented Defendant’s may not know about or have the capacity to properly negotiate.

The almost incomprehensible truth is that most District Attorneys Prosecutors are either unwilling or unable due to a lack of understanding to negotiate with “Pro Se” Defendants in complex cases such as Colorado felony cases.

There are very few perfect results in most criminal cases. While I have negotiated dismissals and won acquittals at trial many times over the last 42 years, I also recognize that there are “hidden costs” that are encompassed within the decision to plead guilty. Understanding those costs some of which are direct such as a jail sentence, and others which are “collateral,” such as the impact of a conviction on future employment is critical to a sound decision in accepting a plea a bargain.

As noted an experienced Colorado criminal defense lawyer can provide critical advice on what or whether a plea makes sense. The same holds true on the decision to go to trial.

Here are a few of the reasons to retain an experienced Colorado criminal defense lawyer for Trial.

Your lawyer will know:

• Whether the search of your home or apartment was lawful based on the many nuances and intricacies surrounding the 4th Amendment of the United States Constitution.
• Whether, notwithstanding a mountain of evidence such as video, multiple and credible eye witnesses, and a confession it STILL may make sense to go to trial.
• How to navigate through the Colorado state criminal justice system which includes an understanding of the written and “unwritten” rules of that system.
• How to take advantage of those rules and remain objective throughout the many stages of the criminal case.
• Which witnesses to call and how they should be examined.
• How to select the jury eliminating those jurors most biased against the Defendant and how best to remove them from the jury panel.
• How to select among hundreds of different strategies and arguments understanding the benefits and drawbacks for each one.
• How to select explain to the jury the defense version of events and to select the proper defense among those available which includes affirmative defenses such as self defense or alibi.
• How to directly challenge and to rebut the prosecutor’s arguments as well as challenging the fallacies and questionable assertions of facts by the District Attorney holding the prosecutor to the burden of proof of beyond a reasonable doubt.
• How to exploit procedural errors made by the prosecutor to seek the dismissal of charges or a mistrial because of the illegal use of unreliable evidence or testimony.
• How to look at every fact, every legal issue, every accusation made against our clients from every perspective imaginable… taking the time to scrutinize every little detail of every case, no matter how simple or complex it is.
• How to actually focus on every shred of evidence against our clients as posited by the State and search for every possible alternative explanation you can possibly find to explain it away.
• How to examine before and during a trial for every plausible theory to establish a version of events that leads to a reasonable doubt.
• How to find the best investigators to locate new facts and evidence and to assist in the examination of the e the case facts and to locate and question not only the prosecution witnesses but to locate and question witnesses ignored by the prosecution.
• How to find and hire “expert witnesses” on an array of issues that will help to explain the defense theory to the jury.

I receive many phone calls from people who have read my articles on Colorado criminal law. These individuals believe they can save a great deal of money by not retaining a lawyer and representing themselves in court.

Many people actually do quite well in uncovering and understanding the issues that apply to their case, but there is a vast difference between reading the law practicing the law in a courtroom.

A person can read about how surgery is performed but as any surgeon will tell you performing surgery is very different than reading about it. In a criminal trial the difference between winning and losing your case is most often measured by the skills and experience of your criminal trial lawyer.

Colorado criminal laws and defenses are complex. There are many facets of criminal law will not be immediately visible to the person on the street, the amateur paralegal or even lawyer just graduating law school.

Before making the decision to represent yourself, consider the impact of failure on the rest of your life.

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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm 303-627-7777.

Never stop fighting never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case

About the Author: H. Michael Steinberg Email The Author at [email protected].A Denver Colorado Criminal Defense Lawyer or call his office at 303-627-7777 during business hours or call his cell if you cannot wait and need his immediate assistance please call 720-220-2277.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 30 plus years by focusing ONLY on Colorado criminal law H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way What Does An Experienced Colorado Criminal Defense Lawyer Actually Do For You?