Criminal Defense Frequently Asked Questions

Q: Do I have to let the police or anyone else search my house or car?

Answer: No. In most situations the police need either your consent or a search warrant to enter your house. Most police officers will ask your permission to search because it saves them a great deal of hassle in getting a search warrant. The sufficiency of any search warrant can later be tested to see if it was properly attained by the police involved. However, if you consent, any defects in procedure or evidence will probably not help your situation and the search will probably be allowed.

Motor vehicles are a slightly different matter. Usually the police will be able to search your car if you are being arrested. However, this usually does not include stops for speeding or other minor traffic contacts. If you are stopped or contacted by the police in your vehicle you always have the right to say no you cannot search my car. If the police have the legal right to search it they will do so anyway. If they were wrong anything they found cannot be used in court. Unfortunately, if you consent to the search the items found can likely be used against you even if they had no legal right to search your vehicle.

Without your consent, private investigators/detectives cannot search your car or home.

Q: Can the police lie to me when questioning me about a case?

Answer: It is Frightening that the answer is YES. The police are allowed to tell you an outright lie in attempts to get you to incriminate yourself. One of the most common lies is to say they have witnesses or other evidence when they do not or to tell someone that their accomplices have already confessed so they should as well.

Q: The alleged victim in my crime called me and asked me to apologize. Are the police behind this?

Answer: Probably. The police frequently use what is called pretext phone calls to try to get a confession over the phone. This usually occurs in alleged sexual assaults and consists of the alleged victim calling the alleged perpetrator and asking them to apologize or explain why they did something. Most of these phone calls are recorded and forwarded to the district attorney.

Q: The police are offering me a deal to give them evidence on others involved in my crime. Can I trust them?

Answer: Depends on the cop. Many police officers are men and women of their word, but some are not. The best policy is to have an attorney negotiate with the police and the district attorney and get the agreement in writing. Many people wind up getting strung along as the police keep asking for just one more piece of information or wear a wire just one more time and it never seems to reach a conclusion. An agreement should include exactly what benefit(s) you are to receive, what they are expecting, who is it they are trying to arrest and how long or how many times must you assist. Further, many times the police exaggerate the trouble you are in or the evidence they really have and those things should be explored before putting yourself at risk as an informer.

Q: The district attorney has offered to let me plead guilty with no jail on my first offense. Is this a good deal?

Answer: Not necessarily. It really depends upon the level of violation and the charge itself. Most people who get misdemeanor charges do not go to jail on their first offense. This is because in most cases the district attorney could not get the judges to give jail sentences to first time offenders even if they requested them. As an example, a class one misdemeanor such as 3rd degree assault is punishable by 6 months to 24 months in jail. However, the judges may and usually do suspend all or some of that jail time. It is best to have one of our attorneys look at your case to determine what a reasonable offer from the district attorney might be.

Individuals who are charged with felonies are looking at penalties ranging from 1 year in prison to spending the rest of their life in prison. Again, in many cases it is possible and sometimes likely that the judge will forego any prison time in favor of a probation sentence. Further, many felony cases can be reduced to misdemeanors or you may receive a deferred sentence (an agreement to stay out of trouble and comply with other specified conditions in return for a dismissal of the case once the term and conditions have been completed). Additionally, the law and facts sometimes warrant that a case be totally dismissed.

Many a person has accepted an unfair disposition simply because they were promised that they would not get jail time. A number of these people probably had little or no risk of actually serving a jail sentence even if they went to trial and lost. Each case is different and you should have one of our attorneys review your case situation prior to accepting any disposition to your case. Some criminal charges such as Driving Under Restraint or Suspension, Sexual Assaults, and Statutory Crimes of Violence have mandatory jail or prison sentences. Information is power and to make an informed decision in your case you should consult one of our attorneys for a free initial consultation.

It is always best to contact an attorney as soon as you are charged with any criminal conduct. There are time limits and rules that must be followed to make sure that every opportunity to challenge and investigate the case against you is undertaken.

Q: My spouse has been charged with a crime. Can I bond him/her out of jail?

Answer: Probably. Most people charged with a crime in Colorado are entitled to have a reasonable bond set in their case. Felony cases usually have bonds ranging from $750 to $50,000. However, in very serious cases such as murder the bonds can be even higher. Misdemeanor cases usually have bonds ranging from $100 to $1,500.

To bond someone out of jail you must give the courts the amount of money equal to the bond. This money then serves as a guarantee that all court appearances will be made. Once the case is complete the money will be returned to the person who posted the bond. In serious cases it may be impossible for you to post the entire bond amount.

If you are unable to post a cash bond in the amount needed you can consult a professional bail bondsman. These companies will charge you a premium of usually 10-15 % to bond a person out of jail. This money is their fee and you will not receive any of that money back once the case is complete. Depending on the amount of the bond and the nature of the case the bondsman might ask for some form of collateral on the bond (often times it is a lien on your house or other property).

Bondsmen do not represent you in the criminal case. They are not advocates nor can they give you legal advice on your case and it is illegal for a bondsman to refer you to an attorney. One reason it is illegal for a bondsman to refer you to an attorney is that the bondsman may decide to revoke your bond at a later date and if you are using the lawyer he suggested it might be that your lawyer has a relationship with the bondsman. This means the attorney may have a conflict of interest and could not adequately be fair to you and the bondsman. It is better for you to have an attorney who is independent and does not possibly owe any loyalty to your bondsman.