FAQs                                                                                                          What should I do if I am arrested for a crime?

Do

• Call a Denver criminal attorney at Decker & Jones as soon as possible. Time is critical. The sooner our criminal defense attorneys can get involved in a case, the quicker we can get started on analyzing all the evidence, determining a defense strategy, interviewing witnesses, etc. Speaking with our attorneys can dramatically improve the outcome of your case.

Don´t

•  Do not give any information to the arresting officer other than your name, address and other identifying information.  This way you cannot say anything that will later be used against you. Although your statement may seem innocent at the time, any statements you make can later be used or slanted to incriminate you.

•  Remember, the police want a confession and can use deceptive tactics to get one from you. They may say: “Your buddy with you said you pulled the trigger.” Say nothing! NEVER admit guilt.

•  If you are in jail, do not talk to other prisoners. Other prisoners can inform on you for a reduction in their sentence. Additionally, police officers may try to get you to be a snitch on your drug dealer.

• Do not say anything over the phone. Calls can be recorded.

•  If the police have a warrant to search your home or office, you must comply, but make sure a lawyer is present. If they do not have a warrant, do not consent to a search.

What are some possible defense strategies for
criminal offenses?

At Decker & Jones, our Denver criminal defense attorneys have the experience to develop innovative defense strategies that without an in-depth knowledge of the law would be unfamiliar to you.  No matter the criminal charge, we will scrutinize every piece of evidence and call in experts who can assist us in finding the weaknesses in the prosecution’s case. These vary by crime, but potential criminal defenses may include:

• Date rape. Was the incident consensual or was it rape?                   Was the other party drinking? What is the plaintiff’s past sexual history? Is the plaintiff accusing you of rape because she is angry you discontinued the relationship?

• Domestic violence. In some cases, particularly in a contentious divorce, there will be false claims of domestic violence. Were your actions in self-defense? Is the plaintiff credible or was he/she drinking at the time the incident occurred?

• Alibi– do you have an alibi? The Prosecution must prove beyond a reasonable doubt that you were present when the alleged crime was committed.
  • Rights violation. Your constitutional rights could be violated without your knowledge. Areas litigated often include illegal search and seizure, violation of right to counsel, and violation of 5th Amendment privilege. For instance:
  • Can we move to have evidence suppressed?
  • In the case of drunk driving, did the police officer have a valid reason to pull you over?
  • Was your confession illegally obtained?
  • Did you request a lawyer, didn’t receive one and were interrogated anyway?
  • Were you read your Miranda rights before you were interrogated?
  • In the case of drugs, were you frisked or was your car searched illegally?
• Duress. Were you compelled to commit the criminal act by another person? Did you fear for your life?

•  Momentary Innocent Possession occurs when a person comes into brief possession of property that is contraband with the intent to turn it over to law enforcement or in some case the owner.

•  Reasonable Doubt. It is the prosecution’s burden to prove you committed the crime beyond a reasonable doubt. It is our job as Denver criminal defense attorneys to plant reasonable doubt in the judge or jury’s minds.

•  Speedy trial violation. Colorado law states that defendants have a right to a speedy trial. Did you suffer any source of prejudice as a result of a delay if your case did not some to court in a timely manner?

•  Statute of limitations. Has the statute of limitations for your crime expired? There are several crimes that have no limitations periods, such as: murder, conspiracy to commit murder, solicitation to commit murder, 1st Degree Criminal Sexual Conduct, etc.

•  Unconstitutional laws. Can we prove that the law was unreasonable, misleading or vague?

•  Entrapment. Were you tricked into breaking the law by a police officer? We may be able to prove that you would never have committed the crime otherwise.

•  Defense of property. Did you use force against another person to prevent that person from criminally interfering with the property?

Never think that your criminal case is hopeless. The criminal defense attorneys at Decker & Jones are experts at getting cases dismissed, penalties reduced, or mediating sentences. Remember, you are innocent until proven guilty. Prosecutors have the burden of proving that you committed the crime – our job is to dispute the evidence.

What are some of the possible

outcomes to my criminal case?

•  Case dismissal. In many cases, our Denver criminal defense attorneys have gotten cases dismissed by the district attorney. This is the best possible result.

• Plea Bargain. Our Denver criminal attorneys are expert negotiators and mediators.  We may choose to have you plead guilty to a lesser crime with lesser penalties that can be later expunged from your record.

• Acquitted. Although a jury trial can be stressful, a not guilty verdict is an excellent outcome for a criminal charge.

• Probation. Instead of facing jail time, we may be able to have a sentence partially or fully suspended while you are placed on supervised or unsupervised probation. It is important you fulfill all the requirements of probation or your probation can be revoked and your sentence increased.

•  Fines. You may be required to pay a fine. If you cannot afford to pay the fine, our attorneys can potentially negotiate a payment plan with the court so you can pay in monthly installments. If we set you up on a payment plan, it is vital you make the payments or you can be held in contempt of court.

•  Restitution. In some cases you may be required to pay money to the victim of a crime. Similar to a fine, if you do not pay the restitution, you could face further penalties.

• Stay of execution.  A judge may grant you a stay of execution, allowing you to report to jail at a later time, so you can take care of personal matters before you have to report to jail.

There can be many different outcomes if you are accused of a Denver crime. That is why it is so important to have an experienced Denver attorney at your side, who will scrutinize all aspects of your case. At Decker & Jones, we have high expectations of ourselves and keep up-to-date on the Denver laws, so we can provide you the best