COLORADO SPRINGS CRIMINAL DEFENSE ATTORNEY
COLORADO SPRINGS CRIMINAL LAWYER MIKE MORAN
WHAT'S YOUR FREEDOM WORTH?
All Colorado criminal charges carry the possibility of losing your freedom if you are convicted. So lawyer up with the best criminal defense attorneys Colorado Springs has to offer. Criminal lawyers who work every angle to make sure that your liberty and future are very well protected.
WHY SHOULD YOU CALL MIKE MORAN?
Because there’s too much on the line to risk hiring anyone other than a top Colorado Springs criminal defense lawyer with the proven defense skills against your charge.
You deserve the very best chance of avoiding a potential prison term, county jail and probation. Michael Moran is the no-nonsense, highly experienced Colorado Springs criminal lawyer you need on your side to resolve your criminal charges.
Defense Attorney Michael W. Moran has been a practicing criminal trial DUI lawyer in Colorado Springs since 1994.
Attorney Moran’s exceptional ability to produce criminal defense victories for his clients charged with severe and complex felonies has earned him a well deserved reputation among his peers, colleagues, prosecutors and past clients.
Mike was one of the first Colorado Springs criminal lawyers to be certified to operate the Intoxlizyer 5000, and certified to conduct Driving Under the Influence of Alcohol (DUI) Driving While Ability Impaired by Alcohol (DWAI) roadside maneuvers. This is invaluable in assessing DUI/DWAI cases.
Mike also owns an Intoxilizyer 5000 breath machine which enables him to have a unique understanding of testing procedures. He is knowledgeable concerning the Department of Public Health chemical testing procedures. This includes breath testing, blood testing and urinalysis.
Attorney Moran is experienced and current on Department of Motor Vehicle IExpress Consent Statutes resulting from drinking and driving and case law.
Mike regularly attends seminars held by the Department of Motor Vehicle Hearing Officers.
Mike is current on legislative updates that affect driver’s suspension issues on DUI/DWAI charges.
From 1995 through 1998, Mike served as the City of Victor, Colorado Municipal Court Judge.
Michael Moran is a Southern Colorado native. He attended college at University of Colorado at Colorado Springs, and completed law school at the University of Denver.
Mike serves on the following boards and committees:
University of Colorado – Colorado Springs Search Committee to elect President of the University.
First Appearance Committee at El Paso County Combined Courts. This Committee oversees administration of all misdemeanor cases in that jurisdiction.
Mike is a Mentor Lawyer on Teen Court at Colorado Springs Municipal Court.
Attorney Moran is a frequent lecturer at the Colorado Springs Public Defender’s Office speaking on Driving Under the Influence cases, Driving Under Restraint, Constitutional Suppression issues.
Mike is a Commissioner on the Alternative Defense Counsel organization in Denver, Colorado which oversees the appointment of court appointed attorneys to indigent defendants.
Mike Moran resides in Colorado Springs. He is married and has two children. He is active as a coach for Lacrosse and other activities involving school-aged children.
Mike is passionate about providing excellent representation for each client. He prides himself on being responsive and providing sound legal advice.
Mike accepts criminal defense cases in El Paso County District and County Courts, Municipal Court, and Federal Court. And counties including Teller, Manitou Springs, Fountain, Pueblo, Castle Rock and Canon City.
Please call 719-447-1923 for a free consultation. You may also email [email protected].
The law office of Michael W. Moran, P.C. is located at 220 East Costilla Street, Colorado Springs, Colorado 80903.
PREMIUM CRIMINAL DEFENSE MATTERS
For over twenty years, Michael W. Moran, P.C. has produced successful outcomes for thousands of local residents facing criminal charges. Consistent criminal defense performance over that span of time takes strength, tenacity and complete command of your defense.
As your defense attorney, Michael Moran will evaluate the evidence against you and execute a highly effective defense strategy against the charges you face. Take advantage of our free consultation with Mike to learn how he can apply his vast experience and knowledge of the court system to protect you today.
Criminal Charges We Defend Against Include:
Assault is the “unlawful use of physical force likely to cause serious physical injury to another”. The seriousness of the charge reflects the seriousness of the damage inflicted upon the victim.
- First Degree Assault is charged as a felony and carries up to 24 years imprisonment and $750,000 in fines in convicted.
- Second Degree Assault is charged as a felony and carries up to 12 years in prison and $500,000 in fines if convicted.
- Third Degree Assault is charged as a misdemeanor and carries up to 6 months in prison if convicted.
Battery is defined as causing bodily harm with an element that is not the victim’s own body, such as a gun or knife. Although it is usually considered a violent crime, battery can also involve the use of a vehicle, even if it was only in the presence of the defendant.
A contempt of court charge can result from interfering with the administration of a state law, willfully impeding the process of a state court, or using abusive language during a legal hearing.
Civil contempt is the willful violation of a valid court order.
Criminal contempt occurs when a Colorado judge finds that the defendant has engaged in disruptive conduct.
Criminal tampering is a misdemeanor crime in many states, including Colorado.
Damaging another individual’s property for the purpose of causing inconvenience, annoyance, injury, or the impairment of services can result in criminal tampering charges.
Bench Warrants are one of the most common forms of judicial warrants that are issued throughout the United States.
When a warrant is issued by a judge against you, police officers essentially have a mandate from the court to immediately arrest you on contact.
Bench warrants can be issued for various reasons, such as (but not limited to): traffic offenses, crimes of violence, drug offenses, grand theft, fraud, and many other crimes.
To learn more about the legal consequences of burglary and theft in Colorado, contact a highly experienced criminal attorney. He will be able to evaluate your situation and discuss the best course of action.
While burglary and theft are often considered minor crimes, the penalties associated with each can be very burdensome and costly.
Any crime that involves violence against a child, such as child abuse, robbery, arson, assault, battery, child neglect, or sex crimes against children are classified as a Colorado Class 3 Felony.
A Class 3 Felony is punishable by two to ten years in prison. In addition to being imprisoned, a person who has been found guilty of one of these felonies is required to pay heavy fines. Some of these fines may include rehabilitation costs, attorney fees and, in the case of more severe offenses, jail time.
A person who is found guilty of any of these three Class 3 Felonies will be required to register as a sex offender and face lifetime sex offender registration.
A civil protection order is commonly known as a divorce or custody order in Colorado. Such an order may be sought by any resident of Colorado who suspects that he or she will be abused by the other parent.
The orders were originally designed to help provide extra security for children of separated or divorced parents, but they are increasingly used as a means to protect the noncustodial parent from domestic violence. The orders can also be sought by anyone who feels that he or she has been the victim of spousal abuse or child abuse.
The order will specify how the noncustodial parent is supposed to respond to allegations of abuse, whether or not he or she has any contact with the alleged abuser, and what should happen in the event that the alleged abuse takes place.
In Colorado, a person commits a cybercrime when he or she knowingly accesses or receives from the internet, any computer system, software program, or data either by entering it electronically or by transmitting it, the contents of a mailbox, mail or wire transfer of funds.
This includes an internet user who, by way of example, sends electronic messages or data to another computer or server and a user of an intranet. Computer fraud is a common element of these crimes, where computers are used to commit crimes such as identity theft.
Computer-related offenses are reported every day to federal agencies such as the Federal Bureau of Investigation and local police departments.
This charge is defined as follows:
CRS 18-6- 701:
Contributing to the delinquency of a minor:
(1) Any person who induces, aids, or encourages a child to violate any federal or state law, municipal or county ordinance, or court order commits contributing to the delinquency of a minor. For the purposes of this section, the term “child” means any person under the age of eighteen years.
(2) Contributing to the delinquency of a minor is a class 4 felony.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.
Credit card fraud is a federal crime. If you’re accused of credit card fraud anywhere in the country, or within Colorado, you may be charged with knowingly defrauding the United States government or a federal agency.
Under these circumstances, the maximum penalty you can be charged is as high as 20 years in prison. Whether you knowingly defraud the government or not, being charged with this crime can have very serious legal consequences for you.
Criminal impersonation is basically a way of trying to trick another person to interact with you in any way that is intended to affect the performance of his or her duties or interactions with you.
Under Colorado law, an individual commits criminal impersonation when he or she consciously assumes a fake or false identity or role, and in that false identity or role: pretends to be married, pretends to have a certain marital status, obtains services of a lawyer, serves as a pimp or a stripper, or uses specific titles or descriptions to identify himself or herself.
Criminal mischief is a Colorado misdemeanor. The punishment for criminal mischief in Colorado is a Class 6 felony, even if it is committed with intent.
Additionally, a person who commits criminal mischief that involves any property or bodily fluids (including blood) may be held criminally liable for all damages over one thousand dollars. This includes damage that occurs from the vandalism or theft of the property or any product derived from the property. This also includes any assault that occurs with the intention of causing the property damage.
There are two types of Colorado criminal mischief laws. In both cases, the penalties increase if the defendant previously has served time in jail or prison. Additionally, the penalties will increase again if he or she is on parole, probation or is a registered sex offender.
Under Colorado law, criminal tampering is defined as “attempting to interfere with or intentionally preventing delivery of an official document, when such an act would be prejudicial to the official interest of the state.”
Tampering with public records is a felony in most cases. In some cases, the crime may be reduced to a misdemeanor if the offender can prove that he had no knowledge of the conduct in question.
Some jurisdictions have attempted to distinguish between criminal mischief and criminal tampering by requiring that an act must actually be done in order to constitute the crime. However, that distinction is not always very clear. For example, in our state, knowingly making a false statement in a government document, which the person later tries to correct, may constitute criminal mischief, but it may not necessarily lead to criminal tampering.
Therefore, it may sometimes be difficult to distinguish between the two crimes. In most jurisdictions, criminal mischief requires the element of intention, but if an accused person can prove that they intended to tamper with a public record without actually doing so, then they may still be convicted of the crime.
Because Colorado’s criminal laws are based on a “knowledge” standard, if a person can show that they only intended to make a certain mistake (for instance, committing the same act over again), then they may not be charged with criminal mischief.
However, if they intentionally tried to tamper with a public record, then they could be charged with this offense. In this case, the actual act has to be demonstrated, whereas the knowledge element simply refers to the fact that the act was intended.
Disorderly conduct laws vary widely among municipalities and states, and the scope of criminal conduct covered by such laws and ordinances tends to be very broad.
States generally classify disorderly conduct (sometimes also known as public drunkenness, vagrancy, loitering, or the like) as any conduct which is likely to lead other individuals alarm, irritation, annoyance, or an increased likelihood to commit future criminal acts in a public place. A police officer can arrest anyone disorderly conduct at any time; however, the level of enforcement and the severity of punishments differs substantially from one jurisdiction to another.
In some jurisdictions, disorderly conduct is treated as a class 3 misdemeanor with a maximum sentence of one year and a maximum fine of $1,000. If the defendant has prior criminal records, additional penalties may be assessed. For example, in some jurisdictions, if the defendant commits the crime while driving, the punishment can be up to one year in jail and/or a significant amount of fines. If he or she is convicted of the same offense while using a vehicle for transportation, he or she may be sentenced to imprisonment.
In most jurisdictions, the definition of disorderly conduct is considered broader than that of criminal mischief. For example, under Colorado Springs civil code, “offensive language or conduct which uses abusive or obscene language” is considered disorderly.
Additionally, Colorado Springs criminal law specifically authorizes police officers to arrest someone for “uttering or speaking rudely” or “using abusive language when the public was or would be in immediate danger”.
There are different penalties and jail time associated with different levels of crimes involving the illegal distribution of controlled substances.
Some crimes will carry harsher penalties than others and some will result in more jail time. There are several ways that a Colorado Springs criminal attorney can help you fight drug charges or offenses.
The most important thing is to hire an attorney as soon as possible. If you are charged with distribution of a controlled substance in Colorado Springs, there are specific procedures and laws that must be followed.
One of the most serious charges is that of distribution of a controlled substance, where the offender has made monetary gains from the sale or distribution of drugs.
The Colorado Springs laws on drug crime specifically address this type of distribution.
Once a person has been arrested or charged with a domestic violence crime, the individual will generally not be able to post bail until they’ve appeared in court.
In some Colorado Springs jurisdictions, the prosecuting officer will try to get the individual to enter into a formal plea bargain or immediately charge them with another crime if no deal is met. These moves are used to intimidate potential defendants into providing information against their will.
This can be a real problem for those who do not understand the laws well enough to know that they cannot freely discuss certain matters with law enforcement officials without having to answer questions about possible future charges.
If you’ve been accused of a domestic violence charge in Colorado Springs, regardless of whether it involved a deadly weapon or anything else, it’s important that you take the matter seriously. The charges against you will be investigated by the police, so having an experienced domestic violence attorney representing your best interests is essential.
In Colorado Springs, drug laws have also changed recently. You can still be charged with these crimes, regardless of whether you have actually purchased or smoked any drugs during the commission of a crime.
The definition of “possession” includes using, selling, or cultivating a substance that is intended to be used for human consumption; the intent to distribute; as well as any felony-related charges associated with distribution.
The United States Attorney’s Office for the Eastern District of Colorado recentley charged fourteen people with criminal violations for distributing drugs and firearms offense in Colorado Springs.
These include charges of conspiracy to distribute drugs, unlawful manufacture of a weapon and possession of a weapon during the commission of a drug trafficking crime. Two additional persons have also been charged in the case, one each with a drug felony and a firearm misdemeanor.
The case is being handled by the FBI agents in Colorado Springs with the assistance of the Colorado Springs Police Department, the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
A first time DUI offense can lead to several different criminal and civil penalties, which include: A mandatory minimum of ten days in jail with possible spending up to one year in prison, though jail time can often be avoided with the completion of community service, alcohol education, and payment of fines. The penalties may also include mandatory ignition interlock device devices, chemical testing, drug testing, substance abuse education, GPS monitoring anklets, license suspension, probation, fines, and registration requirements.
In the traditional law criminal justice system, an expungement procedure is a kind of civil lawsuit where a defendant who has previously been convicted of a crime seeks to have that record expunged, rendering the record unavailable through either the State or Federal courts. This civil action, also known as an expunging procedure, is governed by a set of statues known as the Colorado Springs amendatory laws, and these laws provide detailed guidelines on how to go about pursuing such an application.
The first thing that must be done is for the prosecutor to file a motion to seal or unseal any criminal records that are in the possession of the police department. A copy of this motion along with the application should then be filed with the circuit court, and if found suitable, a temporary restraining order may be granted.
These types of orders will provide relief to any applicant whose criminal convictions have resulted in the expunging or sealing of their arrest records. However, there are times when the application may be denied outright. For instance, if the applicant was out on bail during the commission of his crime, and therefore had no previous contact with the prosecution, the expunged arrest records cannot be released. However, if the individual did not have prior involvement with the prosecution, and was only a witness at the trial, his arrest record can be released.
False imprisonment in Colorado Springs involves an accusation that a person was deprived of their constitutional rights. False imprisonment in this state is a crime that can result in serious jail time and also can lead to charges for aggravated assault and even criminal conspiracy.
Therefore, if you or someone else you know has ever been charged with false imprisonment then it is imperative that you engage a qualified criminal defense lawyer immediately.
In Colorado, a false imprisonment is a Class C felony that carries a maximum sentence of one year and a $5,000 fine. The crime occurs when a person knowingly confines the person of another without the victim’s consent and despite the existence of immediate physical restraint.
Imprisonment occurs when the accused breaks down the body of the victim through acts such as torture or injuring the body by using an instrument of violence.
Other types of corporal punishment include suspended restraints, physical restraints including zip ties, and chaining.
Forgery in Colorado Springs involves falsifying information and theft of property. This crime has a number of elements and carries significant penalties for those who commit it.
Forgery is a crime in which a person steals a thing and uses false identification, a fake signature or some other type of mark or symbol to trick another person through deception. The individual who commits this act may be faced with federal fraud charges.
Criminal harassment is defined as follows:
(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed by Laws 1990, H.B.90-1118, § 11 .
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
(1.5) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(2) Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor; except that harassment is a class 1 misdemeanor if the offender commits harassment pursuant to subsection (1) of this section with the intent to intimidate or harass another person because of that person’s actual or perceived race; color; religion; ancestry; national origin; physical or mental disability, as defined in section 18-9-121(5)(a) ; or sexual orientation, as defined in section 18-9-121(5)(b) .
(3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.
If you have been charged with habitual traffic offenders violations and you are facing jail time, a possible jail term, a heavy fine, or a suspended license then you need to contact a Colorado Springs criminal defense attorney as soon as possible.
A skilled attorney will review your case and determine if there is probable cause to proceed with your case or if you should just settle with the charges. If you have not hired a criminal defense attorney by this point then you may be looking at a misdemeanor citation or a misdemeanor sentence.
If you are facing jail time, a suspended license, probation or any other serious consequences then you need an attorney that knows how to effectively represent you and fight for your rights.
Identity theft happens when a person uses another individual’s personal identifying info, such as their name, social security number, or bank account number, to commit crime or other illegal acts.
Indecent exposure in Colorado Springs is a charge that many people face. This may be because they were caught in the act when others were not watching, it may be because they exposed their genitals in areas that are open to the public, or it may simply be because they are considered a nuisance by others.
If you were arrested for this crime in Colorado Springs, you should consult with a Colorado Springs criminal defense attorney who specializes in this area of the law. We can help you through the investigation and defense of your case.
Juvenile offenses are crimes that occur when the offender is below the age of 18 and involve the behavior described as minor in the eyes of the courts.
Most juvenile offenses involve juveniles being involved in stealing or robbery. If your child is facing a criminal charge in any of the cities listed above, it is important that you talk to a Colorado Springs criminal defense attorney to find out if you have a good chance of having your child’s case dismissed or dropped.
In some instances, the penalties for menacing crimes may be reduced if the defendant can prove that they were acting in self defense.
If a person can show that they were only defending themselves or another person when they were illegally provoked, they may be able to have their case dismissed.
The court will look at how the accused conducted himself or herself before the confrontation, any type of threats made against the victim, and any other evidence that can be used to show why the suspect acted in what they did.
If the defense lawyer can prove that these things happened in the context of self-defense, then the prosecutor’s office may dismiss the charge.
There are several circumstances that can constitute a violation of the statute making it a crime. The most common involves interfering with a peace officer in the performance of his duties.
Another is if the defendant uses unreasonable force or violence while an office is attempting to make an arrest or protect a victim. A third act that may be considered threatening behavior as it relates to the performance of a duty is if the suspect knowingly endangers the safety of any other person.
Obstructing a police officer by physical obstruction or any other type of wrongful interference is a third degree felony in Colorado Springs.
The most common definition of possession of a controlled substance is the “owning” of the substance. However, the exact definition of possession of a controlled substance by a person can vary based upon the jurisdiction in which the case has been filed.
In other words, if a person is arrested for suspicion of drug possession, including possession of marijuana, cocaine, methamphetamine or any other controlled substances, and he or she is not under the influence of drugs at the time of arrest, but instead has the substance in his or her possession without any valid prescription for the same, he or she can still be arrested and prosecuted for the offense.
While Colorado is one of the states with the most liberal marijuana laws in the nation, it is still considered a “high-risk” area. Possessing drug paraphernalia in Colorado Springs carries with it certain legal repercussions that can impose serious consequences on any defendant, especially if he or she is found guilty.
For instance, if found guilty, possession of drug paraphernalia (as with the case of marijuana) can mean a maximum of one year in jail. Additionally, if the defendant has previously been convicted of drug use or drug paraphernalia in any other state, the punishment can be increased or even doubled. In addition to these penalties, any subsequent drug use will be considered a violation and can result in fines or even jail time.
If you have been questioned about a crime but not yet charged, this is a golden opportunity for an aggressive Colorado Springs criminal lawyer like Mike Moran to convince the prosecuting attorney not to file charges at all.
Don’t wait until after charges are filed, get the experience, reputation, and contacts matter greatly in situations like these. Take advantage of this opportunity to argue against filing criminal charges against you.
If you are addicted to prescription medications, it is important that you speak with a reputable prescription drug fraud attorney, so that you have a clear path to taking care of your ongoing crisis. Being able to get on the right track and get the help you need is very important.
Probation is a sentence of supervision that is usually followed by community service. Probation can impose a number of conditions on a person who is on probation.
Probation is often used as a punishment for repeat criminal acts. Sometimes, if the defendant doesn’t follow his or her probation terms he or she can end up serving time in jail.
As with all legal proceedings, it is imperative to consult an experienced attorney to help you understand your rights and obligations when it comes to probation violations.
Property crimes are crimes involving an individual’s use, or possession, of a person’s personal property.
These could be a car, boat, motorcycle, land, apartment, house, tools, or computer. Property crimes generally include various crimes relating to the destruction or theft of someone elses property.
Common examples include larceny, thievery, burglary, auto theft, burglary, vandalism, and arson. Generally most of these crimes come with a wide spectrum of levels, depending upon factors like the cost to steal, actual or possible damage to property, and the degree of damage to property that occurs in property crimes.
The penalties attached to resisting arrest in Colorado generally include up to a year in jail (without a three-day minimum sentence), fines of up to a thousand and one, and probation. If this is your first such occurrence, the court may decide to dismiss the charges altogether.
A restraining order is a court order that prohibits the accused from contacting, stalking, threatening, harassing, or otherwise harming the victim.
Once a restraining order is issued and served upon you, you are prohibited from contacting the individual in question. You may also be ordered to remain away from any place the individual frequents, including their place of work or their home.
In 2019, new Colorado legislation was passed that allows for most criminal records to be sealed from public view.
If you have been convicted of a a crime or even just arrested, visit Seal Colorado Records to see if your case can be sealed from public view.
Simple grand theft (sometimes also referred to as grand larceny), is a specific type of criminal offense that involves stealing property which belongs either personally or legally to another individual or entity.
It is very different in the way that burglary and other types of theft are handled in many jurisdictions. Theft by force is theft by power. This means that a thief does not need to actually force another human being to hand over or even be aware of the theft unless physical violence is used to get someone’s property. Theft by burglary, on the other hand, involves forcefully entering a home or business and stealing property.
Vehicular assault in Colorado is one of the most common charges filed in criminal courtrooms throughout the state. Every year, hundreds of people are injured or killed in accidents related to impaired driving.
Because driving is both an important mode of transportation and a necessary recreational activity, it is vital that all drivers follow Colorado laws regulating drunk driving, including operating vehicles while intoxicated, as well as other traffic laws that may have an effect on the operation of a vehicle. An experienced criminal defense lawyer can assist those who have been accused of this crime.
WHEN YOU ARE CHARGED WITH A CRIME IN COLORADO SPRINGS
Your criminal court proceeding will have multiple phases including:
FILING OF CHARGES
This is a relatively simple process Where an individual will be advised of their constitutional rights before the appropriate court.
A bond amount will be set and the next court appearance is scheduled in approximately four weeks. It is important to obtain a criminal defense attorney to advocate on your behalf to ensure all legal processes are met.
If a person is charged with a felony rated F-3 and above, he is constitutionally entitled to a preliminary hearing.
At the preliminary hearing a Colorado Springs judge must decide if there is sufficient probable cause to continue the case and set it for trial.
The disposition hearing is where your attorney begins negotiations with the District Attorney’s office.
In order to protect your rights, it is imperative your defense attorney be the one who advocates on your behalf and forms a positive impression with the District Attorney, rather than a negative impression. It is dangerous for defendants to talk to the District Attorney directly without representation.
PRE-TRIAL HEARING & MOTIONS
Pretrial hearings involve the tiling of constitutional motions. Motions address whether a federal or constitutional right has been violated.
They are filed to ask the Court to suppress evidence wrongfully taken by the police and, if successful, that evidence is precluded at trial. A competent criminal defense attorney knows when to file these motions on behalf of his client.
If your case proceeds to trial, all that matters is that your defense lawyer has the ability to command and persuade a jury in your defense. In this setting, your criminal defense attorney’s courtroom presence, grasp of the facts, and ability to dissect the prosecutor’s case beyond doubt come into play to win your “not guilty” verdict.
A plea agreement is a negotiated agreement between you and the prosecuting attorney and is reached before sentencing. Colorado Springs criminal defense attorney Mike Moran will assist you in reaching the most favorable outcome possible.
A plea agreement could include you receiving a deferred sentence that ultimately results in your case being dismissed, pleading guilty to a lesser charge, or a stipulation to probation. These are just a few of the potential agreements that could be negotiated.
If a pre-sentencing investigation report [PSIR] is requested, you would be sent to probation for an interview. At the interview, a probation officer will look at various factors and gather information to provide to the court.
The probation officer’s recommendation is provided to the Judge to assist in determining an appropriate sentence. The factors could include the circumstances surrounding the incident, the client’s individual history, and the severity of the charge.