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| First
Appearance |
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accused must appear in court and is given a copy of the “Complaint/Information.” A
felony complaint is “a written statement of the essential
facts constituting the offense charged” and sworn upon
oath or affirmation. |
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The
court also advises a Defendant of his/her rights. Bond
may be set at this time; and, an attorney can make an argument
for a lower bond or a personal recognizance bond (“PR
Bond”) at this hearing. |
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| The
Preliminary Hearing |
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Persons
charged with a class 1, 2 or 3 felony are entitled to demand
and receive a preliminary hearing. However, persons
charged with a class 4, 5 or 6 felony are not entitled
to demand and receive a preliminary hearing unless: (1)
the felony charged is one that requires mandatory sentencing
or is a statutory crime of violence; (2) the defendant
is charged with a sexual offense; or (3) the defendant
remains in custody for the offense for which the preliminary
hearing is requested.
A person charged with a class 4, 5, or 6 felony who is
not entitled to a preliminary hearing must participate
in a “dispositional hearing” for case evaluation
and possible resolution. |
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| Disposition
Hearing |
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| If
your case is not serious enough to entitle you to a preliminary
hearing, the next court appearance after the First Appearance
may be a Disposition Hearing. This is an opportunity
for me to present mitigating evidence to the District Attorney
and discuss potential plea agreements. It is
dangerous for an accused to speak directly to the prosecutor. An
attorney can help protect against the disclosure of evidence
or statements that could hurt your case. |
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| Motions |
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| In
some cases, the case may be set for Motions Hearing. An
attorney may file motions to suppress, or keep out of trial,
evidence that was taken in violation of your Constitutional
Rights. For example, it may be appropriate to file
a Motion to Suppress Statements or a Motion to Suppress Evidence,
based on the facts of your case. It may also be appropriate,
given the facts of your case, to file motions to litigate
procedural issues (ie: the District Attorney has failed to
turn over evidence that could prove your innocence). |
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| Trial |
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| Trial
may be a viable option in your case. You have a right
to speedy trial. This means you must be brought to
trial on the issues raised by the complaint, information,
or indictment within six months from the date of the entry
of a plea of not guilty. If you are not brought to
trial within this period, the pending charges should be dismissed. Felonies
are usually best tried by a jury of your peers (rather than
a court trial). The jury panel will be comprised of
twelve members from the community. The verdict must
be unanimous. |
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| Collateral
Effects |
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| A felony
conviction may prohibit you from obtaining certain professional
licenses. Further, a conviction for a felony carries
with it the loss of certain civil rights. For example, a
person is ineligible to vote in any election while confined
and serving any part of a term of imprisonment in a correctional
facility or jail. Certain felons may not carry
a firearm or other weapons, and offenders convicted of unlawful
sexual conduct are required to register as sex offenders. In
addition, a felony conviction can mean administrative discharge
from the armed services, immigration consequences, or administrative
action by schools and universities. |
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Evening
And Weekend Appointments Available |
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Visa
and MasterCard Credit Cards Accepted |
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Call
970-926-6556 |
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Email
Us at taggarthowardpc@comcast.net |
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| Taggart
H. Howard vigorously defends people facing felony
charges in the Colorado “High Country.” Taggart
H. Howard represents clients in Eagle County, Summit County,
Clear Creek County, Garfield County and Pitkin County including
the towns of Vail, Aspen, Breckenridge, Edwards, Avon, Eagle,
Georgetown, Frisco, Silverthorne and Glenwood Springs. |
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*The information found on this website should not be
construed as legal advice and is not a substitute for professional
legal consultation. You should not base your legal decisions
solely on the information found in this site and you are
encouraged to seek the counsel of an attorney regarding
your specific questions or situation. The information found
herein may represent the opinions or commentary of the
site editor(s) and is for informational or education purposes
only. You agree by using this site that no attorney/client
relationship has been formed between you and the attorneys,
editors, owners, or participants in this site unless and
until a written agreement has been signed between you and
your attorney. |
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