Colorado Criminal Defense Attorney

Facing criminal charges in Colorado can feel like standing at the edge of a cliff and staring into a pit of uncertainty. If you were arrested for a DUI on your way home from a night out or are facing assault charges because of a misunderstanding, you are probably wondering how this will impact your future, freedom, and even reputation. 

Below, we explain what to expect from the criminal legal system and how you can fight back with the right Colorado criminal defense attorney.

Overview of the Colorado Criminal Justice System

The criminal justice process in Colorado is complicated, making it essential to understand what to expect:

• Arrest and charges. Once arrested, you will be advised of your rights, including your right to remain silent and your right to an attorney.
• Bail and initial hearing. You may be eligible for bail. If so, the judge will set your bail amount at your initial hearing, giving you the opportunity to get released from custody while awaiting trial.
• Preliminary hearing. For felony charges, this hearing determines whether sufficient evidence exists to proceed to trial.
• Discovery and plea negotiations. The State must turn over all evidence for you and your lawyer to peruse and your lawyer can conduct depositions to uncover weaknesses in witness testimony. Your lawyer will negotiate with the State, pointing out case vulnerabilities and advocating for an advantageous plea agreement.
• Pretrial hearing. At this hearing, the judge, prosecutor, and defense will discuss the status of the case. If there is a plea agreement, you will likely enter your plea at this hearing, but if not—the case will proceed to trial. 
• Trial. If a plea agreement is not reached, your case proceeds to trial, where the prosecution must prove your guilt beyond a reasonable doubt.

These are the basic stages of a criminal case. Yours may look exactly like this, or there may be some variations. For example, if the police violated your rights, your lawyer might schedule a hearing for a Motion to Suppress evidence that the police obtained illegally. Or, your lawyer might ask for a continuance if the investigation is ongoing.

Throughout the process, a skilled criminal defense attorney will represent you in court and advocate for your rights every step of the way.

Understanding Criminal Charges in Colorado

In the Centennial State, criminal offenses are primarily classified as misdemeanors or felonies, with each carrying its own set of consequences. 

Misdemeanor Charges

While the law classifies some minor offenses as misdemeanors, the term “minor” is relative and does not imply that the charges are insignificant. Prosecutors actively pursue these cases, and the penalties can be severe. Common misdemeanor offenses include:

• Driving under the influence (DUI) or driving while ability impaired (DWAI), 
• Petty theft, 
• Simple assault, and 
• Traffic offenses with criminal implications. 

Do not think of a misdemeanor as a slap on the wrist. These charges can drastically change your life, resulting in a suspended license, hefty fines, and potential probation or jail time. While misdemeanors typically result in up to 364 days in jail, any period of incarceration can jeopardize your job, housing, and personal relationships.

Felony Offenses

Felonies are more serious crimes than misdemeanors and carry harsher penalties. They often involve significant property damage, bodily harm, or substantial financial losses. Examples include:

• Felony theft,
• Aggravated assault,
• Drug trafficking, and
• Homicide.

Felony penalties can range from one year to life imprisonment, depending on the seriousness of the offense and your previous criminal record. You will also likely deal with significant fines, restitution, extended parole, and restrictions on your gun rights.

Whether you face misdemeanor or felony charges, it is crucial to have a skilled criminal defense lawyer who can guide you through every step of the legal process.

Available Defenses Under Colorado Law

When you are facing criminal charges, a strong defense strategy is essential. Luckily, your attorney has several defenses at their disposal:

• Self-defense. This defense justifies using reasonable force when it is necessary to protect yourself or others from immediate harm. 
• Duress. The defense of duress applies when you are forced to commit a crime due to an immediate threat or coercion. 
• Mistake of fact. This defense applies when you commit a crime because you made a reasonable and honest mistake about a material fact. To serve as a defense, the mistaken fact must negate the required criminal intent necessary to prove the crime. 
• Lack of intent. A core element in many cases is criminal intent. If the State cannot prove you intended to commit the offense—whether due to a mistake of fact or other reason—your lawyer can use this as an argument during negotiations or at trial.
• Violation of rights. This defense applies if the police made procedural errors or violated your constitutional rights during the investigation or arrest. An example would be if law enforcement conducted an illegal search or seizure in violation of your Fourth Amendment rights.
• Entrapment. This defense suggests that law enforcement induced or coerced you into committing a crime you would not have otherwise committed.
• Insanity or mental incapacity. With this defense, mental illness or incapacity must have prevented you from understanding the nature or wrongfulness of your actions.
• Mistaken identity. This defense challenges witness identification or surveillance evidence reliability.

Each defense must be carefully tailored and supported by evidence relevant to your case circumstances. An experienced Colorado criminal lawyer will dig deep into your case, build a strong defense, and go all out to protect your rights and freedom.

How Our Colorado Criminal Defense Lawyer Can Help

Hiring an experienced attorney can make all the difference in your case’s outcome by understanding legal precedents, court procedures, and effective negotiation strategies. At The Law Offices of Susan Deschler, we offer:

• Extensive experience. With over 24 years in the legal field, Attorney Deschler deeply understands prosecutorial strategies and judicial expectations.
• Personalized attention. You will receive personalized attention and direct communication. We work to ensure you always know about the progress of your case.
• Proven success. Our firm has a track record of successfully negotiating favorable plea deals and crafting compelling arguments for case dismissal, charge reduction, or acquittal.
• Trial competence. If your case goes to trial, you will have a fierce advocate by your side. Attorney Deschler has extensive trial experience and is ready to fight for you.

With our team, you are not just another case — you are a valued client who deserves dedicated and personalized representation.

Consequences of Not Hiring an Attorney

If you are facing criminal charges, not having professional legal representation can result in: 

• Harsh penalties and longer jail sentences, 
• Permanent criminal record, and 
• Loss of immigration status or deportation.

Do not risk your future by facing criminal charges alone. With a competent defense attorney, you significantly increase your chances of a dismissal or acquittal.

Your Future Is Too Important. Start Your Defense Today

This pivotal moment could negatively impact your life or be the opportunity to take back control. When you hire our firm, you are not just getting a lawyer—you are gaining a strong advocate dedicated to safeguarding your freedom and future. Contact The Law Offices of Susan Deschler today for a confidential consultation.

Frequently Asked Questions (FAQs)

Can a Criminal Record Be Sealed in Colorado?

Everyone makes mistakes, but they do not have to follow you forever. In Colorado, it is possible to seal certain criminal records. However, the process can be complex and is better handled by an attorney.

What Is The Difference Between Probation and Parole?

Parole and probation are second chances that allow you to serve your sentence outside of prison walls, but they differ in timing. Probation is an alternative to prison, while parole is granted after incarceration. Both come with strict conditions and close supervision, and failure to comply can result in revocation and imprisonment.

Resources:

• Entrapment. C.R.S. 18-1-709, link.
• The Process. Navigate your way through a criminal case in Colorado. Colorado District Attorneys’ Council, link.
• How Criminal Cases Work. Denver District Attorney Office, link.