Prosecution for an alleged crime can be described as a litigation in which the People of the State of Colorado are the plaintiff and their representative is the District Attorney.  The District Attorney has wide discretion in determining whether and who to prosecute for criminal activity and what charges to file.  The District Attorney typically prosecutes felony charges by filing a Complaint and Information in County Court (although direct filing in District Court is also permitted under certain circumstances).  Misdemeanor charges are typically brought by the issuance of a Summons and Complaint (ie: a ticket with a promise to appear in Court on the Court date).  One area of concern in criminal law is whether or not the “Miranda” warnings were required and/or given.  The “Miranda” warnings are required when the police conduct “custodial interrogation” to insure that statements obtained during custodial interrogation are the product of the suspect’s free choice.  The “Miranda” warnings are: 1) that the defendant has a right to remain silent, 2) that anything said can and will be used against the defendant in Court, 3) that the defendant has the right to consult with an attorney and to have the attorney with him during the investigation and 4) if the defendant is indigent, a lawyer will be appointed to represent him.  Do not speak directly with police or answer any questions without consulting an attorney! 

            The sentence is frequently the defendant’s main concern in a criminal case.  A defendant in a criminal case can face potential jail time, probation, restitution, fines, costs and fees.  A defense attorney may be able to get certain sentencing concessions or recommendations from the District Attorney.  Many Judges in Colorado will not accept “stipulations” for sentencing because they do not like their “hands to be bound” in making sentencing decisions.  The general purposes of sentencing in a criminal case are: 1) to punish, 2) to assure fair and consistent treatment, 3) to prevent crime and 4) to promote rehabilitation.  A sentence will only be overturned on appeal if it is illegal or if there is a showing that the sentencing court abused its discretion.  A criminal defendant has a Sixth Amendment right to counsel at sentencing.