M. Colin Bresee



FAQs
What should I do if law enforcement is calling me, or has left me a message to contact them?
What are my rights if I have been accused of a crime?
Can I get my case dismissed if law enforcement did not read me my rights?
What should I do if I have been arrested?
What if law enforcement offers me a great deal?
What is a warrant?
What should I do if I get a call that a friend, or a loved one, has been arrested?
How do I get someone out of jail after they have been arrested?
Why did I not get a lawyer?
Why should I hire a criminal defense attorney?
Can I change my lawyer if I am unhappy with my current lawyer?
What is the difference between a felony and a misdemeanor?
What types of punishments do I face if convicted of a crime?
Police officer gives you a summons or arrests you.
How does the Office of the District Attorney charge me with a crime?
Charges Must Be Filed Quickly
How a Prosecutor Decides Whether to File Charges
Do I need a lawyer at my arraignment?

What should I do if law enforcement is calling me, or has left me a message to contact them?

Consult with an attorney immediately!  This is why we have access to an attorney even after business hours.

Every case is different, just like our DNA is different.  If you are not sure what to say, you maybe should not be saying anything.  Under those circumstances, it is best to just tell law enforcement that you are exercising your 5th Amendment rights (right to remain silent) and your 6th Amendment rights (right to have an attorney present) and you are not authorizing any 4th Amendment searches or seizures.

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What are my rights if I have been accused of a crime?

The Unites States Constitution guarantees you certain rights.  Those rights include, but are not limited to, the right to remain silent, the right to have an attorney, the right to be taken before a Judge, the right to have reasonable bail set by the Judge, the right to know why you are being held, the right to be presumed innocent, the right to have a fair and public trial, the right to confront your accuser, the right to compel your witnesses to testify, and the right to an appeal.

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Can I get my case dismissed if law enforcement did not read me my rights?

On TV we see law enforcement tell suspects that they are under arrest and then their Miranda rights are read just before they break for the commercials.  This has caused a great deal of confusion.  In the real world, that is not how it works.    

Your Miranda rights are simply your right to be protected from custodial interrogation.  Custody is supposed to mean that you do not feel free to leave because of the actions of law enforcement.  In Colorado, your Courts stretch that to almost mean were you in handcuffs.  Interrogation means words or actions, based upon a reasonable police officer standard, which is reasonably likely to elicit an incriminating statement or response. Law enforcement can approach you at any time for no reason and ask you for your identifying information (name and address).  If law enforcement wants to ask you some additional questions and you are in custody, then they must advise you that:

If these rights are read to you, it is usually a terrible situation that you are in.  You are probably very nervous.  You may not even know what the issue that law enforcement is going to talk to you about.  You may be in handcuffs.  You may be surrounded by more than one armed member of law enforcement.  You may be under the influence of alcohol or drugs.  You are understandably stressed and concerned that if you do not co-operate with law enforcement, law enforcement will only make things worse on you.  Law enforcement is trained to know how you are feeling and how to make your stressful situation more stressful for you.  They are intentionally treating you this way for a reason, they want you to talk to them.  When you further understand that law enforcement is legally authorized to make false statements to you it is called being deceptive and our United States Supreme Court ruled that being deceptive is an acceptable tool of law enforcement) you now understand what you are up against. 

When you realize that law enforcement can seldom, if ever, do anything to help your situation in the long run, you may wish you had not spoken to law enforcement.  Law enforcement is taught techniques in manipulative interview tactics and circumstances.  Their training is solely to compel you to confess to a crime.  Weekly, we at our office seemingly meet with someone who whished that they had not spoken to law enforcement.  It can make a serious difference in your case. 


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What should I do if I have been arrested?

If you have been arrested, provide law enforcement with your correct identification.  You identification includes your name, address, and date of birth date.  While you have the right to refrain from answering self-incriminating questions, lying is not only a bad idea but also an additionally crime in Colorado. Giving officers a hard time during the arrest process, despite their inappropriate treatment of you, is also not very beneficial and could subject you to further charges in the State of Colorado. It usually just makes things tougher on you. 

I would suggest that either you or someone you know contact my office IMMEDIATELY.  That is why we attorney access after business hours.  The results of contacting my office immediately may be very beneficial to you.  I have assisted people to avoid being charged in the first place.  I have been able to have evidence kept out of cases.  I have been able to thrown get cases dismissed because I was contacted quickly.  I have assisted repeatedly to have bonds substantially reduced or the Judge releasing you with no bond.  I may even be able to get you of jail quicker, just by people making a phone call to me.

It is generally, but not always, our recommendation to repeat to all members of law enforcement that, “you want to exercise your 5th and 6th Amendment rights before answering any questions.”   Law enforcement my deceive you and tell you that they really want to hear your side, or that your co-operation will be told to the District Attorney.  All they want is your confession which may result in a substantially more sever punishment!  They are not your friends or there to help you; their job is to collect evidence to use against you.

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What if law enforcement offers me a great deal?

Law enforcement may try to make a deal with you.  Sometimes they are being truthful; sometimes they are using their training to trick you to confess.  Only a District Attorney can make a legal deal with you. What is your rush?  Law enforcement can almost always wait a few hours for your attorney to put in writing what is in the deal for you.   If they do not want to wait for your attorney, what are they hiding from you?

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What is a warrant?

A warrant is a piece of paper written that is by law enforcement and given to a Judge.  If the Judge finds that the piece of paper gives the Judge probable cause, the Judge will sign the piece of paper and it will become a warrant.

Warrant commonly authorizes law enforcement to search a location, or search a person, or seize a person, or seize property.  We can legally challenge the merits of the warrant at a later date.

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What should I do if I get a call that a friend, or a loved one, has been arrested?

Immediately get a piece of paper and a pen and write down as much information. The following questions may be essential: Then contact my office, (303) 377-0100, day or night to contact to an attorney.  How quickly you call can make a substantial difference in the outcome of the case!

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How do I get someone out of jail after they have been arrested?

If bail has been set, the only way too immediately get the person out of jail is to pay the entire amount of the bond for his/her release. A bail bond is a form of collateral; it requires that the arrested person appears at all subsequent Court dates. Failure to appear at all subsequent Court dates can result in a forfeiture of the bond, the issuance of warrant for that person’s arrest.
If you do not have the financial resources to post the entire amount of the bond, you may wish to contact a bail-bonding agent.  I have experience with bail-bonding agents throughout Colorado and I would suggest you contact me for a referral.

In certain criminal cases bail may be denied. If the judge believes there is a high risk that the defendant will flee, or if s/he has been charged with a serious crime like murder, bail may be denied.

In Colorado, our Legislature mandated certain crimes that require you to see a Judge before you can be released.  Only a Judge can issue a restraining order.  If the crime you are charged with requires a restraining order, you will have to wait until the next business day to see the Judge.  This can be very frustrating, especially if it requires the person to stay in jail over the weekend.  The arrest for Domestic Violence requires you to see a Judge before you can be released.

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Why did I not get a lawyer?

One of your rights guaranteed by the U.S. and Colorado Constitutions is the right to have an attorney appointed if you cannot afford to retain a private attorney.  This guarantee actually has two prerequisites: Because most criminal defendants are unable to afford their own attorneys, many states have public defender's offices. Public defenders (P.D.s) are fully licensed lawyers whose sole job is to represent poor defendants in criminal cases. The problem is the Public Defenders definition of poor precludes many people from qualifying for their services.  The adage is that you get what you pay for.  Unfortunately, with the current budget situation in Colorado, most P.D.s are extremely overworked.  They are not able to spend much time on your case, showing up to court representing as many as one hundred clients at one time.  They cannot spend the time that you want, or deserve on your case.  Aggressive prosecutors know this and in your case, they may take advantage of the P.D.s situation resulting in you going to jail unnecessarily.

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Why should I hire a criminal defense attorney?

A criminal attorney may be your best asset after being charged with a crime. In my experience as a former prosecutor, and current defense attorney, I know the laws, the Judges, the Court customs and procedures, and the Deputy District Attorney on your case.  I can apply this knowledge to protect, and maximize your legal, financial, and family interests. In seemingly every criminal case, we will help you more than you could help yourself by going it alone. In fact, some Judges will not want to consider a plea bargain from a defendant until they have obtained the assistance of legal representation on certain cases.  Judges are frequently asked by defendants if they should hire an attorney.  Recently a Judge answered this question by asking the defendant if he, “would you perform your own surgery?”  Negotiating the legal process can be a very complex process, and it frequently designed to not act in your best interest.



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Can I change my lawyer if I am unhappy with my current lawyer?

Yes.  Defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn't have to show "good cause" or justify the firing. After firing a lawyer, a defendant can hire another lawyer. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.  If you are unhappy with your current attorney and you would like to contact our offices to discuss your concerns you are always free to do so, at no charge.  It is better to contact our office earlier in your case rather than later in your case to save you money and stress.

Your right to change lawyers may be limited by the prosecutor's right to object. If you want to change you attorney late in the legal process, your trial may be delayed. The prosecutor may oppose the delay, possibly because witnesses won't be available to testify, or due to the victim’s Bill of Rights. In these circumstances, the judge is likely to deny your request to change lawyers.  If you are going to change lawyers because you are not comfortable with how your attorney handling do not wait until it is too late.

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What is the difference between a felony and a misdemeanor?

Most crimes are divided into two categories, based on the severity of the crime: felony and misdemeanor. In Colorado our Legislature has passed laws that govern which crimes are considered more serious than others.

Generally speaking, a felony crime is the more serious crime that can result in a sentence to prison time for more than one year.  Felony charges also bring a number of other legal repercussions if the defendant is convicted.  A misdemeanor crime is one where the maximum penalty is one year or less in the county jail.

In Colorado, certain crimes can be either a felony or a misdemeanor, depending on the specific facts of your case. We have in the past used our experience and reputation to get the felony charge reduced to the misdemeanor charge.   


What types of punishments do I face if convicted of a crime?

Sentencing can vary depending on the location of the case, the crime, the personal circumstances surrounding the crime, the judge (and sometimes the jury), the Deputy District Attorney, and other specifics of the facts of your criminal case.

In Federal court, the punishment for a particular crime is governed by the federal sentencing guidelines, and the judge does not have a big impact on determining the punishment.
In most Colorado State court cases, the sentence left to the discretion of the Judge.   The Judge will take a variety of factors into account when determining the appropriate sentence in your particular case.  Having an attorney that can advocate your circumstances effectively to the Court can make a substantial difference in the sentence you receive.

The most common punishments for a criminal conviction include: incarceration (in jail, prison, or another detention facility), punitive fines, restitution (compensation to the victim), probation, and community service. There are a variety of other penalties that may be more specific to the criminal case. For example, if you are convicted of a DUI or DWAI you may be required to attend a Mother Against Drunk Driving class, a drug/alcohol treatment program, have a Breathalyzer installed in your vehicle, lose your driving privileges for an extended period of time, and more, or even all of the above.   Call my office, (303) 377.0100, to better understand the potential legal pitfalls you will face in your particular situation.

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Police officer gives you a summons or arrests you.

In the State of Colorado, law enforcement are authorized to give you a summons to appear in Court, or arrest you and charge you with a crime for only certain traffic violations, municipal ordinance violations, or State misdemeanors.  If you receive a summons to appear in Court, or you are arrested on one of these crimes, you would then be set for an arraignment.

If you are arrested on felony matters, law enforcement is only authorized to arrest you and book you on suspicion of committing a crime.  You have not been charged with a felony.  Law enforcement cannot charge you with a felony crime.  Only the Office of the District Attorney or a Grand Jury can charge you with a felony.

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How does the Office of the District Attorney charge me with a crime.

After an arrest, the arrest report is sent to a prosecutor, whose job it is to file charges. Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, and weather conditions of the crime, and witnesses' names and addresses if that information is available. The prosecutor will either:

Prosecutors can file charges on all crimes for which the police arrested a suspect. Or, they can file charges that are more or less severe than the charges leveled by the police.

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Charges Must Be Filed Quickly!

For suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 business hours of arrest. However, prosecutors' initial charges are frequently subject to change. For example, a prosecutor may amend your charges before the preliminary hearing, or even during the jury trial, which may take place over a year after you were arrested.

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How a Prosecutor Decides Whether to File Charges
A prosecutor’s decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report. Some prosecution offices adopt policies on certain types of crimes, often in response to community pressures, and these policies may dictate the prosecutor’s approach in any given case. For example, an office may decide that arrests for driving under the influence of drugs and/or alcohol will never reduced to a non-alcohol related driving offense, such as careless driving.

Prosecutors may also be influenced by their own political ambitions. Most prosecutors are elected officials, and some of them view their position as a stepping-stone to a higher office. Their decisions on charges are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every allegation of domestic violence, no matter how weak, just to appear tough on crime in the next election. 

Finally, some decisions are influenced by our contact with the particular prosecutor filing the charges.  Prosecutors are sworn to do justice.  Sometimes it takes an attorney to remind an attorney of this fact.  Doing justice means that occasionally a prosecutor decides not to prosecute a case (or files less severe charges) because it is in the interest of justice, even if the facts of the case might support a conviction.

In the past, we have convinced prosecutors to not file charges on certain cases.  It ma be very beneficial to retain an attorney from my office just to contact the particular Deputy District Attorney to possibly avoid being charged.

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Do I need a lawyer at my arraignment?

In most criminal courts the arraignment is where you first appear before a judge.  In certain cases you may be required to enter a plea of guilty, or not guilty, to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the following steps also happen at the arraignment:

You may be able to handle this proceeding without a lawyer. Unfortunately, I have to go to Court almost weekly just to fight to get back defendant’s rights that were not protected at an advisement.  This is an important stage that you really must talk to an attorney about before you have given up essential rights on your case.

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