Court Process
Being charged with a crime can be confusing, complicated and stressful. Knowing what to do, who to talk to, and what to say is difficult; if you have been charged with a crime in Colorado, you need to speak with a dedicated criminal defense attorney immediately to protect your rights. After being arrested and charged with a crime, there is a process that the justice system follows, and at each step of this process, knowledge and skill are required to ensure the best possible outcome for you. Denver criminal defense attorney Alaurice Tafoya-Modi has the legal skills to advocate effectively for you at each step of the process.
The Criminal Justice Process
The basic steps in the court process include preliminary hearing, arraignment, pretrial hearings, the trial itself, and sentencing. Each of these steps has a distinct purpose, and at each step, there is a function for a skilled criminal defense attorney, however, it is crucial to understand that even at the time of your arrest, an attorney can help. One of your most fundamental rights in the criminal justice process is the right to remain silent; your lawyer can help you know what to say to investigators, and when to invoke your right to silence. She can also advise you on how to conduct yourself throughout the process in order to make the most favorable possible impression on the judge and, if necessary, a jury.
Serious felony charges entitle you to a preliminary hearing. At this hearing, the judge will listen to the basic evidence against you. Your lawyer may be able to convince the judge that there is insufficient evidence to proceed, or the judge may decide to bind your case over, in which case there will be an arraignment.
Arraignment is a hearing in which you will be asked for a plea. Looking at the facts of the case, your lawyer can advise you as to whether you should plead guilty, not guilty or nolo contendere, which means no contest. Pleading no contest means that you accept the consequences for the crime without admitting guilt. If you plead guilty or no contest, there will be no trial, and you will skip to sentencing. If you plead not guilty, the next step will be a jury trial.
Between the arraignment and the trial, Mrs. Tafoya-Modi will carefully examine all of the evidence against you, and may file motions to suppress certain evidence at pre-trial hearings. Knowledge of what evidence is allowable in court, and how that evidence may and may not be obtained by investigators is key.
At a jury trial, the prosecution will present to a jury its evidence against you, and Mrs. Tafoya-Modi will refute that evidence. Her years of experience defending criminal charges give her an understanding of how to create the reasonable doubt that is needed to secure your acquittal.
In the event of a conviction or a guilty or no contest plea, Mrs. Tafoya-Modi can argue for leniency at sentencing. At this point, your conduct throughout the proceedings may come into play to influence the judge’s opinion.
For more information, see how a criminal case works according to Denver County Court.