Colorado Criminal Defense Attorneys
Navigating the Colorado criminal justice system can seem overwhelming and intimidating, especially for first-time offenders. A basic understanding of how the criminal process works can help you prepare to face each step with greater clarity. It is essential to recognize that when you work with Black, Blink, & Associates LLC, in Colorado Springs, you are never alone during the criminal justice process.
An experienced Colorado criminal defense attorney is the best way to find the support and reassurance you need to move forward. If you or a loved one is facing criminal charges in Colorado Springs or Denver, our firm’s criminal defense attorneys can advise you of your options and defend your future.
Have you been arrested or charged for a crime? Is your court-appointed lawyer not helping? Then you have come to the right place. Black, Blink, & Associates, LLC. The criminal defense attorneys at Black, Blink, & Associates LLC has over 60 years of combined criminal defense experience defending clients charged with criminal offenses, and we want to do the same for you.
Take the first step in your defense and contact Black, Blink, & Associates LLC. Call 719-694-0578 to schedule a confidential consultation. We represent clients in throughout Colorado.
What Happens After I’m Arrested?
The majority of people have never been arrested, so many are not aware of what happens once you’re in the back of a police car. Before an officer can legally place you under arrest, they must have probable cause to believe you committed a crime. But remember, just because you are arrested doesn’t mean you are guilty or that the prosecutor has enough evidence to prove the case.
Keep in mind, an officer does not need a warrant to make an arrest, just probable cause that you committed a crime. Once you’re arrested, the police officer may issue you or summons or take you to a police station, where you will be booked. The booking process may involve the following:
- Taking personal information
- Confiscating and cataloging personal property
- Taking fingerprints
- A full body search
- Taking your photo or mugshot.
Most booking records are made available to the public. In some cases, websites, police blotters, and local newspapers may post your name, photo, and reason for the arrest, even if you have not been found guilty.
What Should I Expect During a Bond Hearing?
You may be eligible to be released on bail following the booking process. A bond hearing will be held where a judge will determine amount of bail and whether or not you are eligible to be released. The judge may hold you in custody pending a hearing if they believe you are a flight risk or a danger to the public. Various factors will be taken into account in determining if you are a flight risk, such as:
- The severity of the crime
- Possible sentence length
- Previous record of not appearing in court
- Danger you pose to the public
- Ties to the community
If a judge determines you are not a flight risk, they will then proceed to set the bond amount. This amount is also determined by the factors listed above, as well as your financial resources and employment status. Your defense attorney will also be able to ask the court to lower the amount during the bond hearing. An experienced attorney will know what information to provide to the court to set bond or lower bond.
Most people have a hard time coming up with a large sum of cash on such short notice. Instead, they go to a bail bond company, which will pay a portion of the bail and guarantee the full amount will be paid if the defendant fails to appear in court. In exchange, the bail bonds company will take a fee which may be around 10% of the bail amount set by the court.
Posting bail does not mean your case is over. It is merely a promise to appear at future court hearings. Failing to appear will result in a separate in a revocation of the bond, and a new criminal charge. You will also be required to meet certain conditions set forth by the court. Some of these conditions can include not committing any future crimes, staying in Colorado, acknowledging any restraining orders, and notifying the court if you move.
What is an Arraignment?
After you are arrested, you will be asked to appear in front of a judge for an arraignment. During the arraignment, you will be informed of the charges against you and the potential penalties involved. You will have the chance to plead guilty, not guilty, no contest or be able to set out for another hearing. Generally, you will not be required to appear at the initial hearing if the case is a misdemeanor, if your legal counsel appears for you.
Prosecutors may also offer you a plea bargain. Whether or not you accept this deal is up to you, but it’s best that you consult with legal counsel before deciding. There are many factors in deciding if accepting a plea bargain is the best option. The deal may be a good option if the state has substantial evidence linking you to a crime. It would allow you to accept a lighter sentence and avoid maximum jail or prison time. An experienced attorney will know if the deal is reasonable, likelihood of success at trial, or what areas of the plea offer can be improved.
If you are not offered a plea bargain or decide not to accept it, you will have the chance to plead not guilty. Pleading not guilty will result in your case moving to the pre-trial phase. Keep in mind that most criminal cases never make it to trial. Rather, the majority of them are handled through plea deals. An experienced criminal defense attorney will continue to negotiate with the prosecutor to improve the plea offer.
What Happens During a Jury Trial?
Your case will be heard in front of the court. The defendant has a choice to have a judge or jury be the trier of fact. The trier of fact is the person (judge) or group of persons (jury) that determines the truth of disputed facts in a legal proceeding and eventually determines the guilt of innocence of the defendant. A trail will typically begin with pre-trial motions. Your defense attorney and the District Attorney may try to file motions such as motions to suppress evidence and exclusion of witness testimony, if appropriate. Once pre-trial motions have been filed, both attorneys will then select the jury (voir dire) in a jury trial.
Once the jury has been selected, both sides will make opening statements explaining what their evidence is going to prove. After conducting a trial, submitting evidence to the jury, calling witnesses, experts and arguing for or against conviction, the trier of fact (judge or jury) will decide if the defendant is guilty of the charges.
If the trier of fact finds the defendant not guilty, the person is acquitted (charges dismissed) and the case if over. If the jury cannot come to a unanimous decision, it is a hung jury, and the defendant is not guilty. However, the prosecutor can elect to retry the case. If the trier of fact finds the defendant guilty, the case may move to sentencing where penalties will be determined.
A sentence can be based on a recommended sentence, your criminal record, factors of your case and mandatory minimum penalties. If you are found not guilty, the District Attorney may file an appeal on the grounds of alleged errors occurring during the trial. Alternatively, if you are found guilty, you can file an appeal if grounds exist.
Colorado Springs, CO Criminal Defense Attorney
By viewing this page, you already understand the seriousness of the charges against you. Having a quality defense attorney on your side can give you the edge your case needs. Don’t hesitate when it comes to your future. Contact the attorneys at Black, Blink, & Associates, LLC today.
Call 719-694-0578 to schedule a free case evaluation. Black, Blink, & Associates LLC defends those accused of crimes in the state of Colorado.
PPO and TPR Common questions when dealing with Civil Restraining Order
Common questions when dealing with Civil Restraining Order
Black, Blink, & Associates provides free consultation to people that are dealing with a Civil Restraining Order. To schedule a free consultation, call 719-328-1616 or by going to the website at, Blackandblinklaw.com.
- What is a civil protection order in Colorado?
A civil protection order, also known as a civil restraining order, is a court order that prevents a person from contacting, harassing, threating, or harming the protected person. It is requested by a person that believes they need to have a civil protection order in place. A Civil Protection Order is different that a protection order issued in a criminal case.
- What are the different types of protection orders in Colorado?
There are three primary types:- Emergency Protection Order (EPO): This is requested by a police officer and is a short-term order (up to three business days) when the police officer believes a person is in immediate danger and courts are closed. This gives the protected person the protection of a Civil Restraining Order and gives them time to file for a Temporary and Permanent Protection Order.
- Temporary Protection Order (TPO): An initial order issued by a judge, often on the same day the protected person files, that lasts for up to 14 days. The restrained person is not present at this initial ex parte hearing. The Temporary Protection Order can be extended in certain circumstances.
- Permanent Protection Order (PPO): An order issued after a full court hearing. It can be made permanent, meaning it lasts indefinitely unless a party successfully modifies or dismisses it.
- Who can file for a civil protection order?
Anyone who fears for their safety due to violence, threats, stalking, or sexual assault can apply for a Civil Protection Order. This includes victims of domestic abuse, sexual assault, stalking, or the abuse of an elderly or at-risk adult. A minor may also file.
- What are the legal grounds for seeking a protection order?
A protection order can be sought to prevent assault, physical harm or threats, domestic abuse, stalking, sexual assault or abuse, or emotional abuse of an at-risk adult. The court must find that the respondent has committed previous acts and will likely committee future acts without a restraining order.
- How much does it cost to get a protection order?
The filing fee can be waived for victims of domestic abuse, stalking, or sexual assault. Otherwise, a filing fee and a service fee apply, but arrangements can be made for those unable to pay.
- Do I need a lawyer to file?
No, you do not need a lawyer, and many victims file on their own. However, having an attorney that is well versed in Civil Restraining Orders can be valuable as they are familiar with what it takes to get a restraining order and defend against one. Black, Blink, and Associates has represented people in numerous restraining order cases and is available for a free consultation at 719-328-1616 or clicking here: blackandblinklaw.com
The application and process.
- How do I start the process?
A Verified Complaint/Motion for Protection Order must be filed with the court. The form is available at courthouses and on the Colorado Judicial Branch website. Form JDF 402
- Where do I file for a protection order?
You can file in the county where the abuse occurred, where you or the respondent live, or where you or the respondent work.
- What information do I need to provide?
You will need to give specific details about the prior abuse, including what happened, when it happened, and why you fear for your safety. An Incident Checklist (JDF 401) is optional but can help organize your thoughts.
- What if I have children with the respondent?
If the respondent is a parent of your children, you must also file an Affidavit Regarding Children (JDF 404). A civil protection order can grant you temporary care and control of the children.
- How does the respondent get notified?
After a Temporary Protection Order is issued by the court, the respondent must be “personally served” with a copy of the paperwork by an adult who is not a party to the case, such as a sheriff or private process server. A sheriff is best if there is a concern of safety while the TPO is being servied.
- What if I don’t know the respondent’s address?
The court can use other means of service if personal service cannot be achieved. You must attend the hearing and inform the judge that the respondent was not served.
- What happens if the respondent isn’t served before the hearing?
You can ask the judge for a continuance (delay) to allow more time for the respondent to be served.
The permanent order hearing
- What happens at the Permanent Protection Order (PPO) hearing?
Both parties can present evidence and witnesses. If the judge finds by a preponderance of the evidence that the respondent committed the acts and will likely continue them, a Permanent Protection Order will be issued.
- What if the respondent doesn’t show up to the hearing?
If the respondent (defendant) was properly served and does not appear, the judge will typically grant the Permanent Protection Order.
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- What if the petitioner (plaintiff) does not show up?
The respondent can request the Temporary Protection Order be dismissed.
- What kind of evidence can I use at the hearing?
Both the petitioner and the respondent can bring physical evidence to prove their case. Evidence often consists of photos, videos, recordings, text messages, social media postings, damaged property, medical records, 911 call recordings. Personal testimony is also powerful evidence as well as other witnesses.
Living with a protection order
- How long does a civil protection order last?
A Temporary Protection Order can be made into a Permanent Protection Order, meaning it lasts indefinitely. It remains in effect unless a party successfully modifies or dismisses it. The petitioner (plaintiff) can seek to have it dismissed in the future and even the respondent (defendant) may be able to have it removed after a period of time and no violations of the PPA.
- How can a protection order keep a person safe?
It prohibits the restrained person from contacting, harassing, injuring, intimidating, or threatening the protected party. It can also order them to stay away from your home, workplace, children’s school, or other places you frequent. The respondent can be charged and arrested for violation of a protection order.
- What happens when a person violates the order?
If the police are contacted it will generally lead to an arrest. Violation of a protection order is a crime in Colorado, and police have probable cause to arrest the person if they believe a violation has occurred.
- Can the restrained person have firearms?
If the court finds that the respondent used or threatened physical force, they may be required to relinquish any firearms and are prohibited from possessing them. Often in a Domestic Violation case the person will be prohibited from possessing a weapon
- Can I change or dismiss the protection order?
Yes, the protected person can file a motion to modify or dismiss the order at any time. The restrained party can also file a motion after waiting a certain period (two years for orders issued after July 1, 2013) and completing a fingerprint-based criminal history check.
- If we reconcile, can we just ignore the protection order?
No, you and the respondent cannot mutually agree to change or ignore the order. Only the court can modify or dismiss a Permanent Protection Order. In many cases the parties reconcile without amending or dismissing the Permanent Protection Order and the Respondent gets charged for a criminal violation.
Special circumstances
- Can I get a protection order against someone I don’t live with or have a relationship with?
Yes. You can get an order against anyone who has committed an act that justifies it, such as stalking, sexual assault, or physical assault. It must be proven that the act occurred an future acts are likely to occur without a protection order.
- What if the abuser lives in another state?
If the abuser has a significant connection to Colorado (e.g., they lived here, work here, or the abuse occurred here), a Colorado court may have jurisdiction to issue an order.
- Does a Colorado protection order apply in another state?
Yes. Under the “full faith and credit” clause of the federal Violence Against Women Act, civil protection orders are enforceable in all states and territories.
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.