If you or a loved one have been charged with a crime in Colorado, you may find the criminal justice system to be complex and overwhelming. Understanding the stages of a criminal case can help reduce some of the anxiety many defendants feel after they have been charged.
Colorado’s criminal justice system has a series of stages that start prior to the initial arrest and end at the final resolution of a case.
The Investigation Stage
The investigative stage of a case is critical, because a thorough investigation can either clear a defendant of wrongdoing, or it can lead to criminal charges. Evidence obtained during the investigation stage can come from an alleged victim, law enforcement officer, or a third-party witness. A thorough investigation is designed to determine whether a crime was actually committed, and to identify any potential suspects.
If an investigation is complex, detectives and specialized units may become involved in gathering evidence, and taking witness statements. If the investigation produces enough evidence to establish that a suspect committed a crime, law enforcement officers will arrest the suspect. Officers must meet the probable cause standard in order to make an arrest.
Filing Charges
Once an investigation has been submitted to the district attorney’s office, it is the district attorney’s job to review the evidence and police reports and determine whether law enforcement has provided enough evidence to proceed with the filing of formal charges.
Misdemeanors vs. Felonies
In most states, including Colorado, the majority of crimes fall into two categories: misdemeanors and felonies. Misdemeanors are less serious offenses and include crimes such as harassment or third-degree assault. Penalties for misdemeanors, including fines and jail time, are lighter than the penalties for felonies.
A felony is a serious crime, such as sex assault, murder, or armed robbery. The penalties for felonies are severe, and can include long-term imprisonment and large fines. A felony can also have a significant impact on a defendant’s current employment and future employment prospects.
Stages of the Court Process for a Colorado Criminal Case
First Appearance
After the police arrest a defendant, the defendant goes before a judge for his first appearance. During this hearing, the court advises the defendant of his rights and allows the defendant to request a bond reduction and a preliminary hearing.
If the defendant was not arrested, but instead was issued a summons, or if the defendant posted a bond after he was arrested and prior to the first appearance, the court will formally advise the defendant of his rights at the return appearance date. This date is written on the bond or summons.
Preliminary Hearings
A preliminary hearing requires the court to determine whether there is probable cause to believe a crime was committed, and that the defendant is the person who committed the crime. preliminary hearings are held in the county court. They are generally short and are limited to determining probable cause.
The prosecution cannot call a defendant as a witness in a preliminary hearing. In addition, evidentiary and procedural rules are relaxed at a preliminary hearing, and cross-examination of witnesses is limited solely to the determination of probable cause. For example, the court cannot make credibility determinations at a preliminary hearing.
Not all defendants are entitled to a preliminary hearing. All defendants who are in-custody and charged with a felony are eligible. But for defendants who are not in-custody, only those who have been charged with a class one, two or three felony are entitled to a preliminary hearing. Defendants charged with a misdemeanor are not eligible for a preliminary hearing.
If the prosecution cannot establish probable cause at a preliminary hearing, the court must dismiss the case. However, if the court does find probable cause, or if a defendant is not eligible for a preliminary hearing, the case is “bound over” to the district court. A felony case stays in the district court until the case is resolved. Misdemeanor cases stay in the county court.
Formal Arraignment
The next step in the process is arraignment. If a defendant is charged with a misdemeanor or receives a summons, the arraignment is held in the county court. If the case was bound over to the district court, the arraignment takes place in the district court.
If a defendant pleads guilty, the case will be set for a sentencing hearing and the court will impose a sentence. If the defendant pleads not guilty, the court will set the case for trial. The defendant can choose either a bench trial, which is a trial to a judge, or a jury trial.
Felony jury trials have twelve jurors. Misdemeanor trials have six jurors.
Criminal Trials
At a criminal trial, the prosecution has the burden of proving every element of each criminal charge beyond a reasonable doubt. Defendants do not have a burden of proof, nor are they required to testify. The jury must come to a unanimous decision in order to acquit or convict a defendant. If the jury is unable to reach a unanimous decision, a mistrial will be declared. After a mistrial, the prosecution has the option of either dismissing a case or retrying it again before a different jury.
The Trial Process
The trial process consists of several steps:
- Jury Selection: The prosecutors and defense attorneys select a jury. This is also known as voir dire.
- Opening Statements: Both sides give an opening statement that outlines their theory of the case and what they believe the evidence in the case will show.
- Presentation of Evidence: During this stage of the trial, the prosecution is required to present evidence. The defense is given an opportunity to present evidence but is not required to. The defense has no burden of proof in a criminal case.
- Closing Arguments: During closing arguments, each side is given the opportunity to persuade the jury to render a verdict in their favor.
- Jury Deliberation and Verdict: After closing arguments, the jury moves to the jury room to begin its deliberations. The jury must follow the court’s jury instructions while deliberating and rendering a verdict.
If a defendant is found guilty, the court will set a sentencing hearing. At a sentencing hearing, a judge will hand down some form of punishment.
Contact a Denver, CO, Criminal Defense Attorney
The outcome of a criminal trial can have severe repercussions on a defendant’s life. If you are arrested, or have been accused of a crime, contact Denver criminal defense attorney Michael Sheehan as soon as possible to discuss your case and start preparing a defense.