 ■ GOING TO TRIAL IN COLORADO
1. How is a case processed in the District Attorney's Office?
After a felony case is referred to the District Attorney's office, it is sometimes presented to a grand jury. If the grand jury indicts you, the case it is then assigned to an assistant criminal district attorney and an investigator in the District Attorney's office who will handle the case in district court just as if charges had been directly filed. After a misdemeanor case is referred to the District Attorney's office it is immediately assigned to an assistant criminal district attorney who will handle the case in a county court at law.
2. Does the judge appoint investigators for the defense in criminal cases?
In some cases, private investigators assist defense attorneys in case preparation. If the defendant is indigent, the judge may appoint an attorney and an investigator to aid the defendant. However, in no case will the investigator be working for the judge; he will report his investigation to the defense attorney.
3. What is a grand jury?
A grand jury is a body of twelve citizens who consider whether indictments should be returned in felony cases. Grand jurors are selected by the Jury Commissioner. The district attorney has no control over the selection process. In addition, a grand jury can be selected randomly from the voter registration rolls of the county in the same manner that trial juries are selected. Grand jury proceedings are not open to the public, and witnesses take an oath of secrecy before testifying.
4. What does a grand jury do?
If a grand jury is convened and the grand jury believes that there is sufficient evidence to prove that a person has committed a felony, it votes to issue an indictment. The district attorney assists the grand jury in hearing evidence and preparing indictments, but the actual deliberations on cases are secret and only the grand jurors are present when voting is in progress.
5. What should I wear to court?
Please dress neatly and conservatively when making an appearance in court. Your manner of dress can have an impact upon jurors who listen to your testimony and who may be called upon to determine facts.
6. What is a preliminary hearing?
In certain cases, a preliminary hearing is a hearing before a judge to determine whether probable cause exists to send a felony case on to the jury. In Colorado, a preliminary hearing is not held unless demanded by the defendant.
7. What is a dispositional hearing?
After a felony case has been filed, the case will be scheduled for a hearing. At the hearing the defendant and his attorney usually advise the judge whether the defendant wants a trial or may plead guilty, and if a trial is desired, whether a jury is required. Certain motions concerning legal issues may be heard before trial.
8. Is it better to accept a plea bargain or go to trial?
Most cases in which criminal charges are filed can be resolved through skillful negotiation and without the necessity of trial. Negotiations can result in a wide variety of outcomes, ranging from a dismissal of charges to a plea bargain agreement involving incarceration. Of course, the choice of whether to accept a "plea bargain" must be made by the accused and should be made only after investigating the facts of the case and studying the available alternatives as well as the terms of the plea bargain offer. A plea bargain is an agreement between the attorney representing the State and the defendant and his attorney that the State will recommend a specific punishment in the case, if the defendant will enter a plea of guilty to an agreed upon charge. The agreement as to punishment is binding upon the judge if the judge accepts the agreement.
Although most cases are resolved without trial, sometimes trial presents a more attractive option. Therefore, it is important to keep the trial option open and to be represented by an attorney who is both willing and able to represent you at trial.
9. What happens at trial?
In a trial, the district attorney presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The defendant may present his or her side of the case, or may present no case at all. The jury (if one has been impaneled) or the judge must decide whether the State's case has been proved by legally-sufficient evidence. If the defendant is found guilty, a sentencing hearing is then held at which time the defendant's punishment, within the range authorized by law, is fixed by a judge.
10. Can a defendant appeal a conviction to a higher court?
A defendant can appeal a conviction to an appellate court in hopes of having the conviction reversed. An appellate court reviews only the typed record of what happened in the trial court. Witnesses do not appear and testify at the appellate level. In some instances a defendant may remain free on bond while the appeal is pending.
11. If a defendant is sentenced to prison who decides if he will be paroled?
The Colorado Parole Board makes this decision. |
