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Sanderson Law, P.C. • 303-444-8846 Copyright © 2011, Last Updated May 26, 2011 This site is for informational purposes only and does not provide legal advice or services. Use of any information on this site does not create an attorney-client relationship. Representation requires a written fee agreement. You should not act on the information provided on this site without seeking legal counsel. Unsolicited communications may not be answered. Please contact Sanderson Law, P.C. by telephone or email to set up an appointment if you have questions, etc. See Contact Us above. |
Sanderson Law, P.C. |
Experience. 303-444-8846 |
FAQ'S - Criminal Cases |
1. I'm being investigated or have been charged with a crime. Do I really need a criminal defense lawyer? - It's been said that doing your own legal work is like doing your own dental work: Having professional help is usually much less painful. Our's is an adversary system, which means FBI, police and prosecutors generally do not look for ways to help the accused. Talking to police, etc., dealing with prosecutors and going to court without professional help can lead to all kinds of bad and unpredictable consequences including more serious charges, blown defenses, friends or family being arrested too, permanent criminal records, criminal conviction, jail or prison, fines, court costs, and the loss of a host of civil rights, like voting or having firearms. Few events in modern life are as traumatic, expensive and consequential as finding oneself in the criminal justice system. Play it safe and smart, and consult a criminal defense lawyer first. |
2. The FBI or police want to talk to me about a crime they think I might have committed. Should I talk to them? - No, not without consulting a criminal defense attorney first. Our client list is filled with people who thought they could talk their way out of it. If the police want to talk to you, it's because they need more information to arrest or prosecute you. Don't give it to them. Also, be advised that "lying" to the FBI or other federal agents can be a separate criminal offense. 3. I or my significant other was charged with domestic violence. The court issued a no contact order. Can we ignore it? What do we have to do to get it lifted? - Ignoring a no contact order by calling, talking to, emailing, or otherwise trying to contact the so-called protected person is a separate crime and should not be done. Having another person contact the protected person is also prohibited. Getting the order lifted takes persistant effort with the district attorney's office and court. Some DA's offices have a form the protected person may complete in order to facilitate the process, which takes at least a week or two and sometimes 6 to 8 weeks or more. Once charges are filed, the decision to prosecute or not is solely up to the DA. 4. I'm charged with a crime in state court and want to leave the state temporarily. Can I do this? - If the court has ordered a bond and one is in effect, it is likely you cannot leave the state without court permission. Doing so could result in a bond violation and jail. 5. A friend or family member has been arrested. What should I do? - If possible, communicate in private with the person as soon as possible and remind them to remain silent. Be advised most jail phone systems are subject to listening by police. Tell them you are in the process of retaining a criminal defense lawyer and to be patient. Assuming the person is in custody, the most important thing at this stage is to get them out. Contact a bail bonds person immediately as they are knowledgeable about the process and will move quickly. Expect to pay them 10-15% of the bond amount as their fee. Schedule a meeting with an experienced lawyer as soon as possible. You may be contacted by police, etc. as a potential witness. You are not compelled to answer any questions unless and until subpoenaed to court. If contacted it is most likely because the police are looking for more information to support criminal charges. 6. What is the misdemeanor criminal process in Colorado? What is the felony criminal process? - Misdemeanor process flowchart (click here for PDF version) - Felony process flowchart (click here for PDF version) 7. How do criminal defense attorneys charge for handling criminal cases? - Generally criminal defense lawyers handle criminal cases two ways, via a flat fee or an hourly fee. Flat fee means the lawyer charges a lump sum, or a portion of a lump sum, to handle the case or parts of it. An hourly fee is when the criminal defense lawyer bills for his time on the case. Contingency fees, i.e. those that depend on the outcome of the criminal case, are prohibited. Your criminal defense attorney should give you a fee agreement explaining how his fee works, together with how costs of the case, like copies, investigators, exhibits, etc. are handled. 8. How much should I expect to pay for a criminal defense lawyer in Boulder, Colorado to defend my criminal case? - Obviously much depends on the facts of the case, the jurisdiction, possible consequences, your history, and whether the case goes to trial (most don't). For low level state court misdemeanors, expect to pay over the duration of the case $6,000-$12,000. For more serious misdemeanors and low level felonies, expect to pay $10,000-$25,000. You should expect to pay at least $50,000-$100,000 and sometimes well over for more serious felonies. Costs, like filing fees, expert witnesses, exhibits, etc. can add $1,000-$10,000 or more. Due to longer prison sentences and other consequences, federal criminal cases can cost 2-3 times state cases. |