Criminal Defense FAQs

At the Law Offices of Steven J. Pisani, we understand that facing criminal charges can be overwhelming and stressful. Whether you have been accused of a misdemeanor or a serious felony, navigating the legal system can feel intimidating.

You likely have many questions about your rights, potential penalties, and how a skilled Denver criminal defense attorney can help.

Below, we answer some of the most common questions we receive from clients to help you better understand the criminal justice process in Colorado.

What Should I Do If I Am Arrested in Denver?

If you are arrested, it is crucial to remain calm and remember your rights. Under the Fifth Amendment, you have the right to remain silent and the right to an attorney. Politely inform law enforcement that you are exercising your right to remain silent and that you want a defense lawyer in Denver to represent you. Do not answer any questions or provide statements without legal counsel present.

Colorado Revised Statutes (C.R.S.) § 16-3-102 outlines the legal process for arrests and detentions. If an officer arrests you without probable cause or violates your rights, this could be a key defense in your case. Having a skilled attorney by your side ensures your rights are protected from the start.

What Are the Penalties for a Misdemeanor vs. a Felony in Colorado?

Colorado classifies criminal offenses into three main categories: petty offenses, misdemeanors, and felonies. The severity of the penalty depends on the classification of the charge:

• Petty Offenses: Minor infractions, such as trespassing or disorderly conduct, usually result in fines of up to $300 or community service.
• Misdemeanors: These are divided into three classes. A Class 3 misdemeanor, such as harassment, may result in up to six months in jail. A Class 1 misdemeanor, such as third-degree assault, carries penalties of up to 18 months in jail and fines of up to $5,000.
• Felonies: Felony charges are more serious and are divided into six classes. A Class 6 felony, such as possession of a controlled substance, may result in 12-18 months in prison. A Class 1 felony, such as first-degree murder, can carry a life sentence or even the death penalty in extreme cases.

The stakes are high, and having a criminal defense law firm in Denver fighting for you can make a significant difference in the outcome of your case.

Can a Criminal Record Be Expunged or Sealed in Colorado?

Yes, but it depends on the type of crime. In Colorado, certain criminal records can be sealed or expunged under C.R.S. § 24-72-703. Expungement is generally reserved for juvenile records, while sealing applies to adults in specific cases.

• Sealable Offenses: Many dismissed charges, acquittals, and some low-level misdemeanors may be sealed after a waiting period.
• Non-Sealable Offenses: Violent crimes, DUIs, and sex offenses typically cannot be sealed or expunged.
• Automatic Sealing: Under House Bill 19-1275, some cases are automatically sealed when dismissed or resolved in a defendant’s favor.

A Denver criminal defense attorney can assess your eligibility and guide you through the process of clearing your record.

What Are My Rights If Charged With a DUI in Colorado?

Colorado has strict DUI laws under C.R.S. § 42-4-1301. If you are pulled over under suspicion of driving under the influence, you have rights, including:

• The right to refuse a field sobriety test (but refusing a breath or blood test after arrest can result in license suspension).
• The right to request an independent blood test.
• The right to legal representation before answering any questions.

First-time DUI convictions can lead to up to one year in jail, fines of up to $1,000, and a nine-month license suspension. Repeat offenses carry harsher penalties. A skilled defense lawyer in Denver can challenge breathalyzer results, arrest procedures, and other evidence to protect your rights.

What Happens If I Violate Probation in Colorado?

You could face serious consequences if you are on probation and fail to meet its conditions. Under C.R.S. § 18-1.3-204, probation violations may result in:

• A warning or modification of probation terms for minor infractions.
• Additional community service or treatment programs.
• Revocation of probation and reinstatement of jail or prison time for serious violations.

Common probation violations include missing court-ordered meetings, failing drug tests, and committing new offenses. If you are accused of violating probation, an experienced criminal defense law firm in Denver can argue for alternatives to incarceration.

How Can a Criminal Defense Attorney Help Me?

A strong legal defense is crucial in any criminal case. Our law firm provides aggressive and strategic representation, including:

• Investigating the circumstances of your arrest and challenging unlawful procedures.
• Negotiating plea deals to reduce charges and penalties.
• Representing you in court and fighting for acquittals or dismissals.

With years of experience handling criminal cases in Denver, we understand how to navigate the system and build a solid defense strategy.

What Should I Expect During a Criminal Trial in Colorado?

If your case goes to trial, the process generally follows these steps:

1. Arraignment: You enter a guilty, not guilty, or no contest plea.
2. Pretrial Motions: Your attorney may file motions to dismiss evidence or charges.
3. Jury Selection: If applicable, a jury is selected to hear your case.
4. Trial: Both sides present evidence, call witnesses, and argue their case.
5. Verdict: The jury or judge determines your guilt or innocence.
6. Sentencing: If convicted, the judge imposes penalties based on sentencing guidelines.

An experienced defense lawyer in Denver can fight for a favorable outcome at every stage of the process.

Do I Need a Lawyer if I Plan to Plead Guilty?

Even if you believe pleading guilty is the best option, having legal representation is crucial. A knowledgeable criminal defense law firm in Denver can negotiate for reduced charges, alternative sentencing, or probation instead of jail time. Additionally, we ensure that your rights are protected and you understand the long-term consequences of a guilty plea.

Contact a Denver Criminal Defense Attorney Today

If you are facing criminal charges in Denver, the Law Offices of Steven J. Pisani is here to help. Our experienced team understands the complexities of Colorado law and is committed to protecting your rights. Contact us today for a free consultation and take the first step in defending your future.