Welcome to our latest blog post from The Law Firm of Mark S. Hanchey and Ben Peterson, where we dive into the often misunderstood topic of pressing charges in criminal cases.
Understanding who can press charges, how the process unfolds, and what role victims have in these decisions is crucial for anyone involved in or affected by a criminal case. Whether you’re seeking justice or facing allegations, knowing your rights and the procedural steps can significantly impact the outcome. Let’s explore pressing charges in Colorado, providing you with the knowledge you need to navigate this challenging landscape.
What Does Pressing Charges Mean?
Pressing charges — often misrepresented in popular media — involves specific legal procedures and rights that are important for every Colorado resident to understand, whether they are considering pursuing criminal charges against someone or find themselves accused of a crime.
Who Can Press Charges?
In Colorado, the decision to press charges in a criminal case is not in the hands of the alleged victim. Instead, this authority rests solely with the prosecuting attorney, who is typically a district attorney (DA) in the county where the crime occurred. The DA’s office will review the evidence presented by law enforcement to determine whether there is sufficient cause to file charges. Although the victim’s wishes and cooperation can influence the decision, they do not have the final say.
The Role of Law Enforcement
The process often begins when an individual reports an alleged crime to the police. Law enforcement officers will investigate the complaint, gather evidence, and interview witnesses. If they determine that there is probable cause to believe a crime has been committed, they will typically arrest the suspect. The details of the investigation and any arrests are then forwarded to the district attorney’s office.
The Decision to File Charges
When the district attorney takes over a case, they conduct a thorough legal evaluation to determine whether to formally file charges. This decision hinges on several key factors:
They assess the evidence. Is there enough proof to establish, beyond a reasonable doubt, that the defendant committed the crime? This standard is much higher than the “probable cause” required for an arrest.
They consider the legal merit of the charges. Are there solid legal grounds to support the allegations? This involves scrutinizing the elements of the alleged crime and ensuring they align with the actual facts of the case.
They may weigh the public interest in prosecuting. This broader perspective may take into account factors such as the seriousness of the offense, the defendant’s criminal history, and the impact on public safety. These considerations help determine whether pursuing charges serves the overall interest of justice and the community.
Role of the Victim in Pressing Charges
In Colorado, the decision to press charges in a criminal case is made by the district attorney (DA) or prosecutor, not by the victim. This decision is based on the evidence available, the likelihood of securing a conviction, and considerations of public interest and justice. However, the input and cooperation of the victim are often crucial to the prosecutor’s decision-making process.
Victim’s Impact on the Charging Decision
Victims may not have the final say in whether charges are brought against an offender, but their role can significantly impact the charging decision. The victim’s involvement takes shape in several ways:
The process often initiates when a victim reports the crime to law enforcement. Their timely and detailed account provides the essential groundwork for an investigation to commence.
Victims can contribute crucial evidence to the case. As primary witnesses, their narrative of the incident, coupled with any tangible evidence like photos, videos, or physical objects, serves as vital components in constructing a case against the accused.
The victim’s expressed desire for prosecution carries weight. Although the ultimate decision lies with the District Attorney, a victim’s preference for pursuing charges can sway this decision. Conversely, if a victim opts not to proceed, particularly in less severe cases, it might prompt the DA to reassess their approach.
Victim’s Rights in the Criminal Justice Process
Colorado law ensures that victims are kept informed and involved throughout the criminal justice process. They have the right to be notified of significant developments in their case, including arrests, charging decisions, bail hearings, trials, and sentencing. Additionally, victims may have the opportunity to consult with the prosecution before crucial decisions like plea agreements are finalized. Furthermore, victims are entitled to protection from threats, harassment, or any harm that may arise from their involvement in the prosecution process.
Victim Impact Statements
During the sentencing phase of a trial, victims are given the opportunity to present a victim impact statement. This statement allows the victim to describe how the crime has affected their life, which can influence the judge’s sentencing decision.
The role of the victim in the process of pressing charges in Colorado, while indirect, is undeniably important. Victims’ cooperation can significantly impact the outcomes of criminal proceedings. However, it’s essential for victims to understand that the prosecutorial discretion lies with the DA, guided by considerations of evidence, legal sufficiency, and public interest.
Facing Criminal Charges in Colorado
Whether you’re facing a minor offense or a serious felony, knowing what to expect and how to respond if a DA is pressing charges can significantly impact the outcome of your case.
Initial Steps After Charges Are Pressed
The Arrest and Booking Process
If you’re arrested, the first step involves being taken into custody and going through the booking process, which includes fingerprinting, photographing, and recording personal information. Depending on the severity of the crime, you might be held in custody or released on bail.
Understanding the Charges
It’s crucial to clearly understand the charges against you. This information is provided during the initial booking or your first court appearance. Knowing the exact nature of the charges helps in formulating a defense strategy.
Arraignment
Soon after your arrest, you will attend an arraignment where the charges against you will be formally read. You will be asked to enter a plea (guilty, not guilty, or no contest). It’s advisable to have legal representation before you enter any plea.
Legal Representation
One of the most critical steps after being charged is to consult with a qualified criminal defense attorney. An attorney can guide you through the legal process, help protect your rights, and work to achieve the best possible outcome.
If you cannot afford an attorney, you may be eligible for a public defender assigned by the court. However, given the choice, it’s beneficial to have a private attorney who can devote more time and resources to your case.
The Discovery Process
During the discovery process, both the defense and the prosecution dive into gathering evidence crucial to the case. They exchange a plethora of information, ranging from police reports to witness statements and forensic evidence, in an effort to bolster their respective arguments.
Simultaneously, your defense team embarks on its own investigative journey. This involves delving deep into uncovering favorable evidence, interviewing witnesses to gather their perspectives, and meticulously preparing defenses. This phase is undeniably pivotal as it lays the groundwork for constructing a robust defense strategy.
Pre-Trial Motions and Plea Bargaining
Your attorney has the option to submit pre-trial motions, such as requesting the dismissal of charges, suppressing illegal evidence, or asking for a change of venue. These motions have a significant impact on how the legal process unfolds.
In many criminal cases, a resolution is reached through plea bargains, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. If it’s deemed suitable, your attorney will work to secure the most favorable plea deal during negotiations.
Trial
When your case proceeds to trial, it will undergo either a bench trial, presided over solely by a judge, or a trial by jury. This legal process encompasses the presentation of opening statements, witness testimonies, cross-examinations, and closing arguments.
Following the culmination of all evidence and arguments, the judge or jury will deliberate and issue a verdict. If the verdict is guilty, sentencing will ensue. Conversely, if you are acquitted, you will be released.
Sentencing
During a sentencing hearing, should you be found guilty, the judge evaluates various factors such as the seriousness of the offense, your prior criminal record, and other relevant elements to determine the suitable punishment. Potential consequences may include fines, community service, probation, or incarceration, with the severity of the crime guiding the decision.
Fighting for the Rights of all Coloradans
The process of pressing charges in Colorado is crucial to understand for anyone involved in the criminal justice system, whether you are seeking justice as a victim or facing charges yourself. It’s important to remember that the prosecutorial decisions are complex and guided by both the evidence at hand and broader considerations of justice and public safety.
If a DA is pressing charges against you, the steps you take immediately after can significantly impact the outcome of your case. Seeking knowledgeable and experienced legal representation can make all the difference. At The Law Firm of Mark S. Hanchey and Ben Peterson, we are committed to defending the rights of our clients — fighting so that they receive a fair and just treatment under the law.
Don’t navigate these challenging waters alone. Contact us today to schedule a consultation. Our experienced team is ready to provide you with the guidance and defense strategy you need to address the charges against you effectively and work toward the best possible outcome.