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Denver Criminal Defense Attorneys | Jury Trial

Colorado Legal Process

Stop: A stop is not the same as an arrest, but may involve questioning or a search for evidence.

Searches: Can involve a search warrant or warrantless searches, both of which must be conducted in accordance with Colorado law and are subject to legal challenges. Successfully challenging the results of a search can result in the dismissal of a case.

Arrest: In order to arrest a defendant, “probable cause” must be shown. Probable cause is not as high a standard as the “proof beyond reasonable doubt” that we hear so much about at trial. Probable cause simply means that there is a “reasonable belief” that a crime was committed and that you committed it.

Booking: Following arrest, the booking procedure typically involves obtaining your photograph and fingerprints, as well as personal information.

Arraignment: Typically occurs within 72 hours if you are incarcerated. This is the first formal court appearance. In most cases, you will enter an initial plea – guilty, not guilty or no contest. Bail will usually be set.

Bail/Bond: Bail is property, money or other collateral used to ensure you appear for future court dates. A bond may be obtained through a bail bondsman, who frequently charges a non-refundable fee of 10 percent to post the entire amount of bail.

Speedy Trial: In Colorado, you have the right to require your trial be held within six months of being charged with a crime. Certain exceptions apply.

Pre-trial: Prosecutors may meet with a defense attorney in an attempt to work out a plea agreement on several occasions before trial. Motions to Suppress Evidence and other hearings will also be conducted during this phase.

Trial: In the even no agreement is reached, the case will proceed to trial. Trials may be bench trials (in front of a judge only) or jury trials.

Verdict: You may be found guilty of one or more charges. Or not guilty. Or a combination of the two in cases that involve multiple charges.

Appeal: You many appeal a guilty verdict on a number of legal grounds.

Jury trials are one of the least understood areas of the legal process because of two contradictory reasons:

  • Very few cases ever reach the stage of the courtroom showdowns seen on television.
  • Hiring an experienced trial attorney is one of the most important steps you can take to protect your legal rights.

At Rosenthal & Heymann, we believe each and every case we take the responsibility of representing should be prepared for trial. The reason most cases never reach trial is relatively simple, as is the critical need to hire a veteran trial attorney even if your case never reaches the courthouse steps.

  • Nobody wants to take a bad case to trial and nobody wants to settle a good case for less than near total victory.
  • The more thoroughly your attorney prepares for trial, the stronger your case.
  • The stronger your case, the more likely it is that the state’s attorneys will seek to settle with terms favorable to a defendant.

An attorney who is not prepared to go to trial, is not properly prepared to argue the merits of your case in an attempt to seek a reduction or dismissal of the charges, either by challenging evidence before a judge or by negotiating with prosecutors for a fair deal.

Worse yet are attorneys who have a reputation for never going to trial, which leaves them with little bargaining power. Or attorneys who are known to take anything to court, which can do a great disservice to clients who would have been much better off to accept a reasonable deal.

The Denver defense attorneys at Rosenthal & Heymann believe it is in the best interest of our clients to prepare each case for trial from the beginning; it helps with case review and investigation; is an asset in determining potential legal challenges; can allow us to negotiate from a position of strength; and can lead to a much better result in the event of an actual trial than a case prepared for the courtroom at the last minute.

If you have been charged with a serious crime in the Denver area, including Aurora, Boulder, Englewood and Lakewood, contact Rosenthal & Heymann today for a free and confidential appointment to discuss your rights.





Rosenthal & Heymann – Call 303-825-2223 – Free Consultation