Serving Clients Throughout
the State of Colorado
the State of Colorado
Criminal Law and Procedure: Frequently Asked Questions
At The Law Office of Monte J. Robbins, Esq., we understand that navigating the criminal justice system can be challenging. To provide clarity on important legal concepts and processes, we’ve compiled a list of frequently asked questions regarding criminal procedure. If you require further assistance or legal advice, please do not hesitate to contact us at 303-355-5148.
- What Is the Difference Between a Felony and a Misdemeanor?
- What Does “Presumption of Innocence” Mean?
- How Does the Criminal Statute Determine Guilt?
- What Standard Is Necessary To Prove Guilt in Criminal Trials?
- Is a Jury Trial Guaranteed if Accused of a Crime?
- Why Might a Defendant Choose Not To Testify?
- What if a Defendant Is Found “Incompetent To Stand Trial”?
What Is the Difference Between a Felony and a Misdemeanor?
Crimes are primarily categorized into two types: felonies and misdemeanors. The classification hinges on the severity of the potential penalties. Crimes punishable by imprisonment of over a year are typically felonies, while those with maximum sentences of a year or less are labeled misdemeanors.
Some offenses, termed “wobblers,” give prosecutors discretion to charge them as either misdemeanors or felonies, depending on the circumstances. Infractions, like some traffic violations, are not crimes per se but can still result in fines. Notably, there are exceptions—some misdemeanors may only entail fines, such as minor marijuana possession in specific jurisdictions.
What Does “Presumption of Innocence” Mean?
The Law Office of Monte J. Robbins, Esq. upholds the principle that every person accused of a crime is presumed innocent until proven guilty in a court of law. This powerful presumption obliges the prosecution to establish guilt beyond a reasonable doubt. It also means that the defendant is not required to present a defense. If doubt remains, the individual is entitled to acquittal.
How Does the Criminal Statute Determine Guilt?
To prove guilt, the prosecution must demonstrate that all elements of the crime—as defined by statute—are present. This includes both the actions committed and the required intent. For example, in a burglary charge, the prosecutor must prove the accused unlawfully entered a structure with the intent to commit a theft or felony inside. It is crucial to dissect the crime into its requisite elements when considering your specific case.
What Standard Is Necessary To Prove Guilt in Criminal Trials?
The burden of proof in criminal trials is “beyond a reasonable doubt,” representing one of the highest standards in the legal system. To ensure justice, any uncertainties regarding evidence interpretations must favor the defendant. The prosecution’s job is rigorous, often leading defendants to argue that this high threshold has not been met, and therefore, reasonable doubt exists.
Is a Jury Trial Guaranteed if Accused of a Crime?
The U.S. Constitution grants the right to a trial by jury for most criminal offenses; however, this right does not usually apply to petty offenses with sentences under six months. Jury sizes and requirements for verdicts can vary by state, with some jurisdictions allowing non-unanimous decisions. Should a jury fail to reach an agreement, this could lead to a mistrial, and the prosecutor must decide whether to proceed with a new trial.
Why Might a Defendant Choose Not To Testify?
The 5th Amendment protects a defendant’s right to remain silent, and jurors cannot hold silence against them. There are several strategic reasons for this choice, including avoiding prior convictions or harmful information from being introduced, as well as concerns over witness credibility and local jury perceptions.
What if a Defendant Is Found “Incompetent To Stand Trial”?
Legal incompetency refers to an inability to comprehend court proceedings or assist in one’s defense due to mental illness. A competency evaluation may be requested by any party or the judge if unusual behavior suggests incompetence. A hearing will determine the individual’s mental capacity to face trial. If deemed incompetent, the defendant will receive appropriate care until they are capable of participating in their defense, at which point the trial may proceed.
For personalized legal support and answers to your criminal law-related questions, contact The Law Office of Monte J. Robbins, Esq. at 303-355-5148. We are dedicated to championing your rights and guiding you through the complexities of the criminal justice system.
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