A criminal charge is serious matter that should be discussed with a criminal defense lawyer Denver CO trusts from Richard J. Banta, P.C. Regardless of the charges you are facing, we will give you our honest opinion of the situation and let you know whether or not there are any feasible defense strategies that might help your case. No matter what police, the prosecutor, or other officials might be telling you, it is in your best interest to get free legal advice from a trusted Denver criminal lawyer.
The Importance of Hiring a Lawyer NOW
At Richard J. Banta, P.C., we don’t “wait around” to see what will happen. Rather we firmly know that every second is valuable and could have a huge difference in the outcome of your case. Following an arrest, there is a small window of time to develop the strongest possible defense. For this reason the sooner you decide to hire a lawyer, like a criminal defense lawyer Denver CO residents turn to, the better your case might be. Remember, law enforcement is not on your side. As you await your arraignment or court proceedings, these people will be trying to prove your guilt. Don’t give them a head start. There could be important evidence, witnesses, or violations that will allow a lawyer to fight the charges brought against you. Whether you are newly charged, have been arraigned, or are not happy with your current lawyer, you can call 303-331-3145.
When You Are Under Investigation
It is possible that police are investigating you for a crime, but have not officially arrested and charged you. This investigation could go on for days, months, and even years. It is difficult to know that you are a suspect, but in general when they are contacting you to give a statement or ask questions, you are being investigated. It could also be possible that you have not been contacted, but rather was told by another person that you being looked at. You don’t necessarily need a criminal lawyer at this point. However, it might be a wise choice to consult with a criminal defense lawyer Denver CO relies on to find out what you should do. A lawyer can advise you of your rights, what to say and not to say should you be questioned, and explain your options. If you are eventually charged, you will have the advantage of knowing what to do and can get a hold of a lawyer immediately.
When You Are Not Guilty
All too often a person is charged with a crime they did not commit. If you are in this situation, an attorney, like a criminal defense lawyer Denver CO trusts, can help you to overcome biases, unlawful processing, violations, and judgement. Don’t give up your freedom to a system who is falsely accusing you. Let us protect your rights and defend you to our fullest potential.
The Rights of Criminal Defendants
If you’ve been charged with a crime or if you’re close to someone else who has been charged, it can sometimes feel like the legal system and criminal justice system are rigged against you. It’s important to know that even when someone is charged with a crime, they still have certain rights outlined in the U.S. Constitution. Many of these rights are mentioned in what you may know as your “Miranda rights,” but we think it’s important to briefly discuss what these rights really mean if you’re charged with a crime. If you have any questions or concerns, contact a criminal defense lawyer Denver CO residents choose such as Richard J. Banta, P.C. Ultimately, because every case is different, an experienced Denver criminal defense lawyer is in the best position to offer legal guidance.
The Right to Remain Silent
This is likely the most well-known right that criminal defendants have, as it is the first line in the Miranda statement that police officers must recite to someone they are arresting. This right is included in the 5th Amendment and it states that no citizen is required to testify against himself or herself in a criminal case where he or she is charged with a crime. Police officers, judges, and even a criminal defense lawyer Denver CO locals recommend, prosecuting attorneys cannot force a defendant to speak as a witness.
The Right to Be Represented by an Attorney and Have Adequate Representation
The 6th Amendment states that all individuals charged with a crime have the right to be represented in court by a professional lawyer. Public defenders are criminal defense lawyers employed by the local municipality who are assigned to represent defendants who are unable to pay for a private lawyer. Furthermore, all defendants have the right to be represented by an adequately prepared and knowledgeable criminal defense lawyer in Denver CO. Many defendants have successfully appealed convictions by proving that their prior lawyer did not adequately represent their best interests.
The Right to a Public Trial
The majority of criminal defense cases, with the exception of some cases involving children, are open to the public. This allows family members, witnesses, and the press to monitor court proceedings and ensure that the court is conducting the case fairly.
The Right to a Trial by a Jury of Peers
With the exception of very minor cases that are tried in front of a judge, defendants have the right to choose a trial in front of a jury of their peers.
The Right to a Speedy Trial
This right is very important for defendants who cannot afford to post bail and must wait for their trial in jail. It is supposed to ensure that defendants are tried quickly so that innocent defendants do not spend more time in jail than is necessary.
The Right to Confront Witnesses
Most defendants do not actually speak to witnesses in court who are testifying against them — but their lawyers likely will. This right ensures that a defendant’s criminal defense lawyer Denver CO community members turn to can cross-examine any witnesses who are testifying against the defendant in court. It also allows defendants to be present in the room when a witness is testifying, with the exception of certain cases involving children. A criminal defense lawyer Denver CO offers can be there with you throughout the process.
The Right To Avoid Double Jeopardy
“Double jeopardy” refers to the process of being charged twice for the same crime. Regardless of whether a defendant was found innocent or guilty of a crime, he or she cannot be charged again for the same crime. The one caveat here is that a defendant could be charged for the same crime in state court and in federal court. Refer to a criminal defense lawyer Denver CO defendants trust for more information about this.
We Are Here for You
As leading criminal lawyers in the area, we understand the emotions you and your family may be going through. We will do our best to provide you with the utmost legal support while also ensuring you are not misled in any way about the situation. We are seasoned criminal lawyers and well versed in the legislation, expectations, and loopholes. If you are looking for a criminal lawyer who will protect your rights and not subject you to vulnerable situations, call Richard J. Banta, P.C.
For a consultation with a criminal defense lawyer Denver CO residents look to today.
Should You Plead Guilty or Go to Trial?
If you were charged with a crime, you may have the option of accepting a plea deal or going to trial. Depending on your charges, a conviction could be catastrophic for your future. For this reason, it is important to get a clear understanding of the positives and negatives of pleading guilty. It’s also important to contact a criminal defense lawyer in Denver CO from the Law Office of Richard J. Banta, P.C. We offer a free consultation to those persons who have been charged with a crime. Learn what your legal options are, and how an experienced criminal defense lawyer in Denver CO might be of assistance to you.
Positives of Pleading Guilty
If you plead guilty, your case may conclude faster. This is because it often takes at least a year to prepare for a trial, which can take up a lot of your time and cause a significant amount of stress. If you decide to accept a plea deal, you will not have to wait to find out your fate, and a plea bargain usually offers a lesser sentence than a guilty verdict after a trial. Your criminal defense lawyer in Denver CO can give you a realistic estimate of what a plea bargain will cost you as compared to a guilty charge in terms of punishment.
Pleading guilty means you will avoid the unpredictability of a trail. The truth is, you can never predict if a jury will decide that the defendent is innocent or guilty. Even if you are completely innocent of the crime, the jury might return a guilty verdict.
Another positive aspect about accepting a plea deal is lower attorney fees. Getting ready for a trial takes an incredible amount of time and preparation, so a criminal defense lawyer in Denver CO must charge for their time and effort. By pleading guilty, you could potentially save a significant amount of money.
Negatives of Pleading Guilty
If you are innocent of the crime with which you are charged, pleading guilty can have its downsides. You will receive punishment such as jail time or probation for something you did not do and may have a criminal record for the rest of your life. Specifics regarding how much time you might serve can be provided by your criminal defense lawyer in Denver CO.
Positives of Going to Trial
Going to trial and receiving a not guilty verdict is the only way to truly clear your name and not face punishment or a criminal record. If you are found not guilty, you can continue your life as you enjoyed it before your arrest.
Negatives of Going to Trial
Going to trial and putting your life in the hands of a jury carries risk. Juries are very unpredictable. If they find you guilty of a crime, you may face the maximum penalty. Depending on the nature of your crime, that could include many years in prison. Your criminal defense lawyer in Denver CO can provide a range of how many years you might be incarcerated.
Taking your case to trial can be expensive. If a court verifies that you can’t afford to pay for a criminal defense lawyer in Denver CO, they will provide you with a public defender. Although you won’t be charged for a public defender’s services, you may not receive the best representation. A public defender often works on many cases simultaneously, so he or she might not have the time to give your case the attention it deserves.
Facing a criminal charge can be quite scary. Consult a respected criminal defense lawyer in Denver CO as soon as possible to discuss your options.