In Colorado, Criminal Law is very different from Civil Law.  The key difference is that in Criminal Law, the State brings the case to court instead of an individual or company.  This means that even if the victim of a criminal offense against you forgives you and doesn't want to press charges, you can still be prosecuted by the State for breaking the law.

For example, in Criminal Trespass , you will be charged and prosecuted even though the park ranger who found you unlawfully camping is a friend of yours and wants to let you go.  However, in Civil Trespass, you can forgive a blind person who has accidentally stumbled on your property without seeing the "No Trespassing" signs and there is no need to charge him.

Serious crimes like Murder and Arson are prosecuted by the State.  In Criminal cases, the lawsuit is referred to as People v. John Doe with the "People" being the State. 

Defending Criminal Cases in Colorado

The defense for a Colorado Criminal case differs significantly from the defense for a civil case.  The main point of representation is "preponderance of evidence."  Since the penalty for a criminal offense can include the loss of liberties (going to jail) or even execution (Colorado has not abolished the death penalty), the prosecution must prove that the defendant is guilty "beyond reasonable doubt."  By contrast, in Civil cases, the plaintiff is responsible for proving their case to a judge and/or jury by having enough evidence to support their case.

In a criminal case, the defendant is assumed to be innocent in a criminal lawsuit until proven guilty.  It is the prosecution's duty to prove all elements of the crime.  For example, if there are three conditions that need to be satisfied to arrive at a crime of trespass, the prosecution must prove all three conditions beyond reasonable doubt.

Defendants are also entitled to use the Fifth Amendment which allows the accused to keep silent by not testifying.  The jury is not allowed to draw any negative conclusions from the silence.

By contrast, in civil cases, the judge weighs the evidence on both sides and whichever party has the greater evidence to support their case wins.

In addition, in both Criminal and Civil cases, a jury can be involved.  The jury in Colorado can consist of a maximum of 12 people.  In Criminal cases, if the crime is labeled as a misdemeanor, the jury can consist of 6 people.  The defendant also has the right to waive a trial by jury.  However, it is the duty of the court to ensure that the defendant fully understands the implications of this move.

Hiring a Competent Criminal Defense Attorney

Being charged with a Criminal offense is a very serious matter.  Not only will you face serious and immediate consequences if you are found guilty, you will also have a permanent mark on your record that can be used against you.  You will then have difficulty obtaining a job and the stigma will follow you wherever you go.

Prosecutions are ruthless and every single fact including your past will be brought up against you in court.  You need an experienced and skillful attorney to ward off these attacks and bring to the forefront all those factors which throw doubt on the prosecution's case.  You need an attorney that cares about your well-being to inform you of the process and help you through it.

Contact our Clawson & Clawson, LLP, attorneys to get the best Colorado criminal defense attorney that will protect your rights as well as advise you in your time of need.