Colorado Misdemeanor Frequently Asked Questions
Twenty-Five Common Questions When Charged With A Misdemeanor In Colorado
Black, Blink, & Associates LLC provides free consultation to people charge with a crime in Colorado. To schedule a free consultation, call 719-694-0578 or sending an email..
- What is a misdemeanor in Colorado?
Misdemeanors are less serious crimes than felonies but more serious than infractions. Colorado categorizes them into three classes: Class 1, Class 2, and Class 3.
- What are the different classes of misdemeanors?
- Class 1 Misdemeanor: The most serious misdemeanor, punishable by 364 days up to 18 months, and/or a fine of up to $5,000.
- Class 2 Misdemeanor: Less serious than Class 1, punishable with 90 days to 364 days in jail and/or a fine of up to $1,000.
- Class 3 Misdemeanor: The least serious, punishable by up to 180 days in jail and/or a fine of up to $300.
- What are the potential penalties for a misdemeanor conviction?
Penalties can include jail time, fines, probation, community service, and other court-imposed requirements.
- Will I go to jail for a misdemeanor?
Most often a first-time offender is not likely to do any jail time, but it is possible. Jail sentences for misdemeanors are served in county jails. Judges may consider probation instead of jail time, especially for first-time offenders.
- Will a misdemeanor show up on background checks?
Yes, misdemeanor convictions can appear on background checks. They can be used against you in employment and housing situations.
- Can a misdemeanor conviction affect my ability to get a job?
Yes, an employer can consider misdemeanor convictions against a person.
- Can I seal a misdemeanor record?
Colorado allows eligible individuals to seal criminal records, including some misdemeanors. There are waiting periods and specific requirements that vary based on the type of misdemeanor.
- How do I seal my misdemeanor record?
The process involves confirming eligibility, completing the required waiting period, preparing and filing a petition with the court, providing supporting documents, potentially attending a hearing, and finally receiving a court order to seal. The attorneys at Black, Blink and Associates have assisted many clients in sealing records. Call 719-328-1616 to discuss sealing your record.
- What is the difference between sealing and expunging a record?
Sealing makes the record inaccessible to the public, while expunging completely destroys the record. Expungement is only available in limited cases.
- Do I need a lawyer for a misdemeanor charge?
Consulting with and hiring a criminal defense attorney is highly recommended to understand your options and navigate the legal process. Experience attorneys will understand any defenses you may have, mitigating information, and will generally know the best way to approach negotiations with a prosecutor. Black, Blink and Associates provides free consultations, call 719-328-1616 or click on this LINK.
- What happens during an arraignment?
During an arraignment the judge reads the charges and advises the defendant of their rights. If you have hired an attorney, the attorney will enter their appearance and most likely request another hearing to have enough time to investigate the case and discuss it with the prosecution.
- Should I plead guilty or not guilty at the arraignment?
Generally, a person should not enter a plea at the first court date. Once a “not guilty” plea is entered, trial speediness begins. By not entering a plea, the defense attorney will have time to review the evidence and build a defense strategy.
- What are some common defenses to misdemeanor charges?
Defenses vary but can include arguing self-defense, defense of others, lack of intent, factual disputes, unlawful search and seizure, alibi or mistaken identity.
- How long does a misdemeanor case take?
The timeline varies, but it can involve pretrial conferences, motions, and potentially a trial, which must be scheduled within six months of a not guilty plea being entered. Generally speaking, a misdemeanor case can be open for 3 months to a year.
- Can prior convictions impact my misdemeanor case?
Yes, the prosecutor will be able to see prior convictions which can influence plea negotiations, potential sentencing enhancements under habitual offender provisions, or stricter conditions.
- What is the cost of a criminal defense attorney for a misdemeanor in Colorado?
Attorneys charge based on the estimated time needed on the case, the attorneys experience and reputation. Costs vary, but misdemeanor cases can start at $5,500 for pre-trail work. Some attorneys charge flat fees, while others bill hourly. For a free consultation, contact Black, Blink, & Associates LLC at 719-694-0578.
- Can I get a deferred judgment for a misdemeanor?
Deferred judgments are possible in some cases, allowing charges to be dismissed if the defendant is able to complete the terms of a deferment and have no new criminal charges during the period of deferment.
- What is a “no contest” plea?
A no contest plea (nolo contendere) means you don’t admit guilt but also don’t contest the charges. It is basically accepting a plea without making a factual admission. This can limit the use of your plea in civil court.
- Can I represent myself in a misdemeanor case?
You have the right to represent yourself (pro se), but it’s generally advised to consult with an experience criminal defense attorney.
- Will I have a jury trial for a misdemeanor?
You have the right to request a jury trial or a trial to the judge in a misdemeanor case.
- What is the criminal statute of limitations for a misdemeanor?
Generally the statute of limitations is 18 months for the police to charge a person. If the police charge the person, even if there is an outstanding warrant, the statute of limitations has been met.
- Can I keep my firearm if convicted of a misdemeanor?
Most misdemeanor offenses do not affect Second Amendment rights, but it’s important to consult with your attorney. A domestic violence conviction will prevent you from possessing a firearm.
- What is the difference between a misdemeanor and a felony?
Felonies are more serious crimes with a minimum sentence of one year in prison, up to many years in prison while misdemeanors are less serious offenses with a maximum jail sentence of 18 months in a local jail.
- Can I appeal a misdemeanor conviction?
Yes, appeals are possible, but they can be challenging. Generally there may be an appeal if the trial was not conducted properly.
- What resources are available for help with a misdemeanor charge?
Black, Blink, and Associates provides free consultations You can call 719-694-0578 to schedule or click on this link.
Disclaimer: This information is for general educational purposes and should not be considered legal advice. Consulting with a qualified Colorado criminal defense attorney like the attorneys at Black, Blink, & Associates is essential for specific advice regarding domestic violence charges.