Criminal Defense

Criminal Defense Attorney Steven J. Pisani represents defendants at all stages of the criminal process for both misdemeanors and felonies. Mr. Pisani keeps his clients informed about the criminal process and what to expect going forward on their case. Understanding the criminal process can help alleviate some of the stress and uncertainty of being charged with a crime.

The Criminal Justice Process

There are several stages to the criminal justice process in Colorado. I have outlined the steps that most individuals charged with a crime will encounter.

The Filing of Charges: The defendant is required to appear in court in order to formally receive charges. At this time, the judge will also advise the defendant of his rights, set a bond amount in the case, and set the next court appearance. Our firm can argue on your behalf to lower the bond amount that has been set, modify protection orders and reduce or eliminate conditions of bond.

The Preliminary Hearing (Felony matters): If the accused is charged with a more serious felony (F3 and above), they will be entitled to a Preliminary Hearing. At this hearing, the judge must decide if there is sufficient probable cause to allow further prosecution. It is absolutely crucial that you have a lawyer present at this hearing to uncover critical inconsistencies that can help you down the road at trial.

Arraignment:  At this stage, the defendant must plead not guilty in order to preserve the right to go forward with his defense. Pleading not guilty will start the clock running on certain deadlines depending on the nature of the case and the court of jurisdiction. Typically deadlines will apply to motions filing and jury requests. Municipal courts in Colorado require a $25 jury fee be paid within 20 days of the entry of the not guilty plea. If the fee is not paid in a timely fashion, the court will deny you the right to a trial by jury.

The Disposition Hearing: This may be your defense attorney’s first chance to talk to the District Attorney about a possible plea agreement. It is dangerous for the defendant to talk directly with the District Attorney. Mr. Pisani will protect you from making statements to the prosecutor that will hurt you later.

Pretrial or Motions Hearings: As your case progresses, there may be issues that must be resolved by the judge. Depending upon the case, your lawyer may try to prevent the use of some or all of the evidence against you by filing motions. This often occurs in cases where your Federal or Colorado Constitutional Rights have been violated. Motions may be filed to exclude physical evidence or statements to the police. If the judge determines that the police or prosecution have acted improperly, your case may be dismissed.

In addition, motions can force the prosecutor to release evidence or information that you will need for your defense. In some cases, this may be evidence of your innocence.

Trial: If no acceptable plea agreement can be reached between the prosecution and the defense, your case will go to trial. All defendants have the right to a “speedy trial.” This means that the prosecutor has to proceed with your trial within a certain time period. Municipal courts generally operate under a 90 day speedy trial rule; County and District Courts operate under a 180 day speedy trial rule. At trial, it is essential to have legal counsel. The prosecutor is a professional, formally trained in the law and trial strategy. Pro Se defendants are at an extreme disadvantage at trial.

Sentencing: If the defendant pleads guilty, or loses his case at trial, the court must issue a sentence in the case. During the time between the conviction and the sentencing, the probation department in your county may be instructed to write a pre-sentence investigation report or “PSI.” Our Firm can work with the local probation department to reach outcomes other than being sent to prison or jail such as: Intensive Supervised Probation, Work Release & Community Corrections.

Appeals: After conviction and sentencing, you have the opportunity to file an appeal of your sentence. If you were convicted based on a guilty plea, you may need to ask for permission to appeal your conviction. An appeal is not a retrial of the case, but it is an examination of the trial record to ensure that the proceedings were conducted in a fair manner. There are always time deadlines by which you must file an appeal.

Your choice in a criminal attorney is both important and personal. Denver Criminal Defense Attorney Steven J. Pisani is dedicated to providing his clients with the best legal representation available. When you retain the services of our firm, you can expect to receive frequent correspondence, individualized attention, and professional wisdom at each stage of your case. Mr. Pisani will personally appear by your side at every court appearance, and can explain your legal rights so that nothing is left unclear. Mr. Pisani is dedicated to building strong and persuasive case defenses, and doing whatever is necessary to ensure a desirable verdict is achieved.

Contact us today to schedule a free consultation to discuss your case