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25 Common Questions and Answers When Facing Felony Charges in Colorado

Black, Blink, & Associates provides free consultation to people charge with a crime in Colorado. To schedule a free consultation, call 719-328-1616 or by going to the website at, Blackandblinklaw.com.

Initial Steps and Legal Representation

What is a felony in Colorado?

Felonies are the most serious criminal offenses in Colorado. They are generally punishable by at least one year in state prison and/or a significant fine.

What are the different classes of felonies?

Colorado divides felonies into six classes (Classes 1-6), with Class 1 being the most serious and Class 6 the least serious. Drug felonies have four levels (Levels 1-4).

The potential prison sentence for felonies are:

Class 1: Life Imprisonment – Death
Class 2: 8 years to 24 years
Class 3: 4 years to – 12 years (16 years with extraordinary risk of harm).
Class 4: 2 years to 6 years (8 years with extraordinary risk of harm).
Class 5: 1 year to 3 years (4 years with extraordinary risk of harm).
Class 6: 1 year to 18 months (2 years with extraordinary risk of harm).

What are my rights if I am arrested for a felony?

If a person is arrested, they have the right to remain silent, the right to an attorney, the right to bail (under most circumstances), the right to a fair trial, the right to require the prosecution to prove each and every element of the charges against you.

Should I talk to the police?

If being questions by the police, a person should provide basic identifying information like name, date of birth, and social security number. A person should not answer any additional questions without an attorney present. To contact an attorney call Black, Blink, & Associates at 719-328-1616 or if not an emergency click on the contact link here: Contact an attorney.

How do I find a criminal defense attorney in Colorado?

You can search online directories, get referrals, or contact local bar associations to find Colorado criminal defense attorneys. A person should research an attorney to ensure that they have substantial experience in criminal defense. Black, Blink, & Associates provide free consultations, 719-328-1616, or by clicking here: Contact an attorney.

What happens at the first court appearance (advisement hearing)?

The District Attorney will provide the filing of charges to the defendant, and the judge will go over potential penalties, and constitutional rights are formally presented. The judge may also address bond (bail).

What is bail (bond)?

Bail is the money or collateral paid for release from custody while awaiting trial. It ensures appearance for future court dates. If the amount of bond is too high for the defendant to pay, a bondsman can be hired. The bondsman will charge a fee to guarantee the bond.

Understanding the Legal Process

What is a preliminary hearing in a felony case?

A preliminary hearing is a hearing where the prosecutor needs to present sufficient evidence to show probable cause to justify proceeding with the felony charges. It is only provided in felonies with a class 1, 2 or 3 felony charge, or if the felony charge has mandatory prison sentencing like a crime of violence or a sexual offense, or a person in custody for a felony arrest.

What is an arraignment?

You are formally advised of the charges, enter a plea, and the court schedules future proceedings.

What is discovery?

Your attorney obtains evidence the prosecution intends to use, such as police reports, witness statements, physical evidence, body worn camera of the police and any test results like DNA, fingerprints, forensics, drug testing or ballistics. Experience law firms like Black, Blink, & Associates comb through the evidence in order to provide the best criminal defense.

What is a plea bargain?

A plea bargain is an agreement between the prosecutor and the defendant. A qualified criminal defense attorney will look for weaknesses in the prosecution’s case, any prior criminal record of the defendant, mitigating information, and discuss potential defenses to get the best possible offer from the District Attorney’s office. It is important to have a qualified attorney representing you with a felony charge.

Should I accept a plea bargain?

Depends on how strong of a case the District Attorney has against you, the potential evidence, and what the offer is. A qualified attorney can review the case and determine if the offer is fair. Black, Blink, & Associates provides a free consultation.

What happens if I go to trial?

A trial involves the District Attorney prosecuting the defendant and providing to the judge or jury that the person charged is guilty. The defense then has an opportunity to present its case to the judge or jury, showing why the person may not be guilty. The judge or jury will determine the quilt or innocence of the defendant after all the evidence is presented. It is important to have an experienced attorney to represent you.

What is the difference between a bench trial and a jury trial?

In a bench trial, a judge decides the verdict. In a jury trial, a jury decides the verdict. The jury in a felony case must be unanimous to convict the defendant of a charge.

What happens if I am convicted at trial?

If found guilty, the court proceeds to a sentencing hearing to determine the penalty.

Potential Outcomes And Consequences

What are the potential penalties for a felony conviction?

Penalties vary based on the felony class, but can include prison sentences followed by mandatory parole, fines, probation instead of prison, rehabilitative treatment, useful public service and other conditions.

Are there sentencing options other than jail or prison?

Yes, for some offenses, options like probation, diversion programs, or deferred judgments may be available, potentially avoiding or reducing incarceration.

What is a deferred judgment and sentence?

A defendant admits to the charge and enters a guilty plea. Sentencing is deferred and the defendant has conditions like probation, refraining from alcohol or illicit drug use, useful public service, rehabilitative classes. If the defendant is successful after completion of probation, the plea is withdrawn and often the case is closed. However, if the defendant fails to complete the conditions of the deferred, the plea is permanent and sentencing is up to the court. It is important to find an experienced attorney to ensure that the plea and conditions are reasonable.

What are the long-term consequences of a felony conviction?

Felony convictions can impact employment, housing, eligibility for benefits, and result in the loss of rights like voting and firearm possession.

Can a felony conviction be sealed or expunged in Colorado?

Sealing or expunging a felony record is possible in some cases, but eligibility and waiting periods vary. Certain felony convictions, including Class 1-3, cannot be sealed.

How does a felony conviction impact voting rights?

Convicted felons in Colorado lose the right to vote while in prison. Voting rights can be restored upon completing the prison sentence.

How does a felony conviction impact firearm possession rights?

Convicted felons are generally not allowed to own or possess firearms under state and federal law. Possession of a firearm by a convicted felon is a felony charge.

Consult A Colorado Springs Felony Defense Attorney

Now is not the time to leave your future up to chance – reach out to our office today to schedule a confidential consultation with a caring and trusted felony criminal defense attorney. You can reach us by calling 719-694-0578 or by sending a message through our website to arrange a free consultation with a skilled and caring criminal defense attorney.